Category: Human Rights

Constitutional Law, Criminal Law, Criminal Procedure and Evidence, Human Rights, Public Policy

Breaching Proportionality, Tearing Constitutionality: The Privacy Concerns of the Criminal Identification Act, 2022

The authors in this article have analyzed the privacy concerns of the recently enacted Criminal Procedure (Identification) Act, 2022 by examining the said legislation by subjecting it to the “proportionality test” further drawing a comparison with the laws of the European Union and the United Kingdom. Continue reading Breaching Proportionality, Tearing Constitutionality: The Privacy Concerns of the Criminal Identification Act, 2022

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Constitutional Law, Constitutional Law, Human Rights, Jurisprudence

The Constitutionality of a Non-sectarian Requirement: The US Supreme Court’s Considerations on Religious Schools’ Funding

In this article, the author analyses the pending U.S. Supreme Court case Carson v. Makin which delves into the complex question of whether state laws could prohibit funding to sectarian educational institutions, in an otherwise general funding aid scheme for secondary school students. The Court’s decision may have a consequential impact on funding for religious schools, requiring keen attention to First Amendment jurisprudence, owing to a complicated judicial history about the Free Exercise and Establishment clauses. This piece particularly comes in light of a line of recent decisions raising concern over discrimination against sectarian interests. Continue reading The Constitutionality of a Non-sectarian Requirement: The US Supreme Court’s Considerations on Religious Schools’ Funding

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Constitutional Law, COVID-19, Human Rights, Information Technology

A Watchful Eye at Work: Evolving Workplaces and Emerging Employee Privacy Concerns (Part-2)

In the second part of this series, the authors examine the necessity of various surveillance measures that have been introduced in recent times and look at various domestic and international legislations to propose a robust and right-based framework to safeguard employees’ privacy.
Continue reading A Watchful Eye at Work: Evolving Workplaces and Emerging Employee Privacy Concerns (Part-2)

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Foreign Law, Human Rights, International Law

Examining the Humanitarian Intervention Doctrine in International Law Through the Prism of 2021 Afghanistan Crisis

In this post, the author evaluates the Doctrine of Humanitarian Intervention through the prism of the 2021 intervention of Afghanistan by the Taliban. The author further analyses the extent to which other States can aid Afghanistan in this crisis and the extent to which use of force is allowed in such circumstances. Continue reading Examining the Humanitarian Intervention Doctrine in International Law Through the Prism of 2021 Afghanistan Crisis

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Constitutional Law, Criminal Law, Foreign Law, Human Rights, International Law, Posts

Ghana’s Homophobic and Heteronormative Colonial Laws: An International Law Perspective

In this post, the authors delve into the veracity behind Ghana’s legal regime on LGBTQ+ rights. They attempt to do this by scrutinising its legal framework, the influence of its socio-religious fabric on the same, and its international legal obligations. The authors argue that LGBTQ+ rights, as opposed to ‘special rights’, are inherently embedded in the body of international human rights. Further, they argue that there is ample room in the Ghanaian Constitution to honour and import the construction of ‘sex’ and ‘gender’ to include sexual orientation and gender identity as per the international standards. Continue reading Ghana’s Homophobic and Heteronormative Colonial Laws: An International Law Perspective

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Constitutional Law, Human Rights, Public Policy

Conversion Therapy in India: In Light of Sushma v. Commissioner of Police

In this post, in light of a recent judgment from the Madras High Court, the author critically analyses the practice of conversion therapy and the severely adverse impact it has left on the LGBTQIA+ community. The author also expounds upon the grounds on which it could be banned in India as per precedents, existing laws and conventions, and by taking inspiration from countries which have successfully banned this social evil. Continue reading Conversion Therapy in India: In Light of Sushma v. Commissioner of Police

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Constitutional Law, Human Rights, Public Policy

A Politicised Right to Education

By: Shomesh Srivastava “The function of education is to teach one to think intensively and to think critically. Intelligence plus character – that is the goal of true education.” –Martin Luther King Jr. Two incidents relating to syllabus cut made by Central Board of Secondary Education (CBSE) and the Assam Higher Secondary Education Council (hereinafter ‘AHSEC’) have raised two primary constitutional questions about the rights … Continue reading A Politicised Right to Education

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Constitutional Law, Human Rights, Posts

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

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Human Rights, International Law, Posts

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)

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