No Privacy for Prisoners in India

In this post, the author argues that the increasing installation of CCTV cameras in barracks and cells of prisons by state governments violates the right to privacy of prisoners. The author strives to establish how Supreme Court’s direction to install CCTV cameras in prisons fails to satisfy the proportionality and necessity test laid down by it in the Puttaswamy judgment, and therefore the SC needs to revisit its direction in light of the right to privacy recognised by it. Continue reading No Privacy for Prisoners in India

In Pursuit of Exclusion: Foreigners Tribunals: Part II (Through the Lens of International Law)

In this post, the author argues as to how the working of the Foreigners Tribunals does not adhere to set international standards and concludes by suggesting reforms which shall be incorporated to protect the rights of those concerned. Continue reading In Pursuit of Exclusion: Foreigners Tribunals: Part II (Through the Lens of International Law)

In Pursuit of Exclusion: Foreigners Tribunals: Part I (Structural Deficiencies)

In this post, the author discusses the structural deficiencies in the working of the Foreigners Tribunals established as per the Foreigners Act, 1946 and the Foreigners (Tribunal) Order, 1964. The author further discusses the evidentiary hiccups created as a result of shifting the burden of proof on the accused. Continue reading In Pursuit of Exclusion: Foreigners Tribunals: Part I (Structural Deficiencies)

Ban on Sex-Reassignment Surgery on Intersex Children: Resolving the Conflict Between Parental Consent and the Doctrine of Parens Patriae

In this post, Merrin Muhammed Ashraf throws light on the Tamil Nadu Government’s Order which banned sex-reassignment surgery on intersex children. With the help of jurisprudence of UN Convention on Rights of Child and the US Courts, Merin argues in favour of the ban. Continue reading Ban on Sex-Reassignment Surgery on Intersex Children: Resolving the Conflict Between Parental Consent and the Doctrine of Parens Patriae

The National Registry of Indian Citizens Exercise: A Mammoth Step Towards a Demographic Debacle

In this post, Venkata Supreeth discusses the idea of the National Registry of Indian Citizens as a necessary evil to combat the problem of infiltration, and identifies problems which may arise out of the Government’s attempt to erase the results of decades of negligence. Continue reading The National Registry of Indian Citizens Exercise: A Mammoth Step Towards a Demographic Debacle

On Aadhaar: Part II (Use of Aadhaar’s Platform by Private Entities)

By: Digvijay Chaudhary During the proceedings of the Aadhaar Act (hereinafter ‘the act’), Chandrachud, J. remarked that surveillance is not necessarily the argument that has to be answered by the respondents (State) and other areas of concern in the act need to be identified such as the use of the Aadhaar platform by private entities. This brings to our next concern; the use of Aadhaar … Continue reading On Aadhaar: Part II (Use of Aadhaar’s Platform by Private Entities)

On Aadhaar: Part I (Surveillance and Profiling)

By: Digvijay Chaudhary “1.3 billion Indians may be poor, but we are a goldmine of commercial information” – Justice D.Y. Chandrachud The Aadhaar Act (hereinafter ‘the Act’) has been challenged in the Supreme Court and the decision is expected in the next few days. The act was challenged for being unconstitutional and giving rise to major unprecedented concerns; surveillance and profiling (the state has its … Continue reading On Aadhaar: Part I (Surveillance and Profiling)

DNA Technology Regulation Bill, 2018: Prospective Issues and Challenges

By: Pranav Tanwar & Saurabh Pandey “Existing rules and principles can give us our present location, our bearings, our latitude and longitude. The inn that shelters for the night is not the journey’s end. The law, like the traveler, must be ready for the morrow. It must have a principle of growth”.                           … Continue reading DNA Technology Regulation Bill, 2018: Prospective Issues and Challenges

FIFA, Russia and Human Rights

By: Saranya Mishra INTRODUCTION Fédération Internationale de Football Association (hereinafter ‘FIFA’) was established in 1904, under Swiss law,[1] as a body to oversee the competitions of “the beautiful game”,[2] football, among the national associations (member countries) of Belgium, Denmark, France, Germany, the Netherlands, Spain, Sweden, and Switzerland. Today it has 211 associations,[3] which almost makes it the “United Nations of Football”[4]. FIFA World Cup like other … Continue reading FIFA, Russia and Human Rights