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
In this post, the author has analysed the interaction of the judiciary with the legislature via-a-vis the separation doctrine, the position in contemporary jurisdictions and the bleak possibility of such a structure in a democratic federal set-up like India.
Continue reading Judges in Legislature: Can the Gap be Bridged Without Hurting the Separation?
In this post, the authors discuss the nuances of shifting towards virtual courts, and the issues and challenges faced in the process. Further, they put forward the steps which would help in embracing the much-needed change. Continue reading Virtual Courts: Is it Time to Embrace the Much-Required Change in India?
In this post, the author stresses upon the need to legislate to ensure the safety of healthcare personnel from the instances of violence against them. Further, the author sheds light on the draft bill on Protection Against Healthcare Professionals, 2019, and how it could be beneficial in safeguarding the interests of healthcare personnel in these stressful and unprecedented times. Continue reading Protection of Healthcare Personnel against Violence- A Wake-Up Call Amidst Crisis
In this post, the authors discuss the Surrogacy (Regulation) Bill 2019 and highlight the various perspectives the bill fails to take into account and the implications of its prejudiced outlook. From how certain medical phenomena remain unengaged with, to the failure to recognise the state of the ground reality of society, this piece is an expansive overview of what lacks in the bill and what could have been better.
Continue reading Surrogacy (Regulation) Bill 2019: A Regressive Move on the Verge of Becoming a Reality
In this post, the author presents a critical analysis of the recently drafted National Policy for Treatment of Rare Diseases, 2020, through arguments in support of the policy by mentioning what relief it provides and against the same by identifying gaps which remain to be filled. Continue reading National Policy for Treatment of Rare Diseases: A Critical Analysis of Recent Developments
In this post, Gunjan Shrivastav and Jay Bhaskar Sharma discuss the various implications of the recent apex court judgment which has gone on to establish that the State Government is in no way bound to provide quantifiable data to justify not providing reservation. It discusses the various facets of law and explores how the decision may be both constitutionally invalid and detrimental from a public policy perspective.
Continue reading Right to Reservation: Should it Really be at State’s Discretion?
In this post, Karan Kamath applauds the judgment of the Bombay High Court in Marico Limited v. Abhijeet Bhansali by arguing that influence marketing is nothing but a veiled attempt to mislead the audience and augments his opinion by citing relevant cases and provisions of the Indian law. Continue reading Social Media Influencers and the Law: Observations after Marico Limited v. Abhijeet Bhansali
In this post, Tanishk Goyal seeks to criticise the immunisation of the individual judges from public scrutiny or criticism along with the absolute exemption of the Judges of the Courts of Record from the purview of the Contempt of Courts Act, 1971. He further suggests a framework which harmoniously construes the Contempt of Courts Act, 1971 with the contempt provisions thus, placing the seat of justice of the lower and higher judiciary, at an equal pedestal when it comes to matters of criminal contempt. Continue reading Initiation of Proceedings for Criminal Contempt of Court: Where to Draw the Line?
In this post, Saket Agarwal attempts to assess the liability of the endorser of a brand while appreciating the recently passed Consumer Protection Bill, 2019, questions the extent of the penal provisions introduced and identifies gaps that are required to be filled in order to render the same foolproof. Continue reading Liability of the Endorser of a Brand in Light of the Consumer Protection Bill, 2019