In this post, the author discusses the ever increasing relevance of online comments and whether they carry value or not, and if they do, who is the rightful owner of the content. The author further analyses how the owner of such value carrying content may be determined and discusses a way forward to simplify the process for the Indian legal regime. Continue reading Copyrights and Comments: The Value of Opinions
The Journal Committee (“Committee”) at Dr. Ram Manohar Lohiya National Law University, Lucknow (“RMLNLU”), in collaboration with Khaitan & Co, is organising the 9th edition of the RMLNLU International Legal Essay Writing Competition (“Competition”) along with the RMLNLU-Khaitan & Co. Conference on Labour Laws. Continue reading Call for Entries: 9th RMLNLU-Khaitan & Co Conference & Essay Competition on Labour Laws (Submission Deadline Extended – 17 October 2021)
In this post, in the background of downing of flight PS752, the authors analyse the right of self-defence under Article 51 of the UN Charter and determine whether Iran could take recourse to it without admitting to its mistake of fact. They also analyse the state practice on use of force in self-defence due to a mistake of fact. The article further explores whether state responsibility should be subjected to an objective or subjective standard under such circumstances. Finally, the authors look at Iran’s jus ad bellum obligations in light of the investigation report by the UN Special Rapporteur and suggest a strict liability rule for determining state responsibility under such circumstances. Continue reading The Downing of Flight PS752: Mistake of Fact and Self-Defence in International Law
In this post, the authors attempt to highlight the positive and negative effects of the recent judgement of X v. Union of India vis-a-vis global blocking. The authors discuss the right to be forgotten, in relation to global blocking, and the implications therein. Finally, the authors lay down their suggestions, citing the requirement for legislation which deal in particular with this concept, in order to avoid arbitrariness, and to ensure that justice is upheld.
Continue reading A Discourse on Global Takedowns vis-a-vis X v. Union of India
In this post, the author analyses how there has been a diverging view of opinion regarding the calculation of time u/s 167(2)(a) of the CrPC available to complete the investigation, which has been a source of contention for a long time. The author also discusses why this is a cause of concern and suggests measures to resolve this issue so that courts may apply the law uniformly across the country. Continue reading Computing the Time Period u/s 167(2)(a) CrPC – An Ongoing Judicial Conundrum
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
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
In this post, the author explains the rationale behind the Supreme Court’s recent decision to acquit veteran journalist Vinod Dua in a sedition case against him. Further, the author demonstrates the inadequacy of protection conferred against prosecution for sedition under Section 124A of Indian Penal Code, 1860, by the Vinod Dua verdict, and highlights ongoing litigation which could pave the way for ridding India of its oppressive sedition law. Continue reading Supreme Court’s Vinod Dua Verdict: Significant Victory for Freedom to Dissent or Missed Opportunity?
The Journal Committee is happy to announce the Call for Papers for the 12th volume of The RMLNLU Law Review Journal. Read post for further details. Continue reading Call for Papers: RMLNLU Law Review Volume XII
In this article, the authors argue that the jokes of a stand-up comedian, made merely to entertain people cannot always be regarded to be of such nature which could qualify the ingredients of an offence of hurting religious sentiments defined under Indian Penal Code, 1860. With the help of judicial precedents, the authors identify different categories of blasphemy and identify the instances in the which a person be made liable, with a specific emphasis on stand-up comedy.
Continue reading A Stand-Up Comedian and His Criminal Liability Owing to Jokes Insulting Religious Beliefs of a Community
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