Category: The Editorial

Constitutional Law, The Editorial

A Gender-Neutral Society & Effective Decriminalisation of Adultery: The Unaccomplished Feats of India

By: Varun Agarwal INTRODUCTION For innumerable centuries, various factors have nurtured the patriarchal mentality in India. Be it Yudhisthira using his wife as a wager or Rama demanding Sita’s Agni-pariksha, mythology has greatly glorified the concept of male dominance. The practice of Sati and Dowry has been prevalent throughout the history of India. Under the guise of the ‘Will of the Supreme’, the Personal Laws … Continue reading A Gender-Neutral Society & Effective Decriminalisation of Adultery: The Unaccomplished Feats of India

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Antitrust Law, The Editorial

Understanding the Walmart-Flipkart Deal: Part III (Pondering Over the Arguments Against the Acquisition)

By: Ahkam Khan & Alok Chaurasia In this final part of this editorial series, the authors explain the arguments presented by the parties objecting to the deal. The post seeks to analyse the merits in the arguments raised against the acquisition and tries to find out their validity while highlighting the effects that the combination is likely to have on the Indian retail industry. INTRODUCTION: … Continue reading Understanding the Walmart-Flipkart Deal: Part III (Pondering Over the Arguments Against the Acquisition)

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Antitrust Law, The Editorial

Understanding the Walmart-Flipkart Deal: Part II (CCI’s Evaluation of the Acquisition)

By: Ahkam Khan & Alok Chaurasia In Part I of this editorial series, the authors had explained the business model of the two parties to the acquisition. Based on the model, the CCI had observed that the parties had a certain degree of horizontal overlap with respect to their operations. However, it concluded that a vertical overlap was not possible due to restrictions on Walmart … Continue reading Understanding the Walmart-Flipkart Deal: Part II (CCI’s Evaluation of the Acquisition)

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Antitrust Law, The Editorial

Understanding the Walmart-Flipkart Deal: Part I (Parties and their Business Models)

By: Ahkam Khan & Alok Chaurasia This blog post is the first in the forthcoming 3-part editorial series concerning the Walmart-Flipkart deal. In the first post, the authors seek to analyse the parties to the deal, their business models, and restrictions on foreign players under India’s FDI policy. INTRODUCTION Over the last few years, the struggle to secure consumer market has intensified with big corporations … Continue reading Understanding the Walmart-Flipkart Deal: Part I (Parties and their Business Models)

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The Editorial

Emerging Contours in Post Contractual Duty: A Review of Insurance Case Laws

By: Anjanay Pandey INTRODUCTION In Insurance contracts, an essential element is Utmost Good Faith.[1] The phrase is borrowed and derived from the Latin expression Uberrimae fidei (or urberrima fides). The principle imposes a duty of full disclosure and any material misrepresentation, whether or not intentional, serves to void the policy ab initio.[2] The insurance contracts being contracts of good faith, require the disclosure of facts, … Continue reading Emerging Contours in Post Contractual Duty: A Review of Insurance Case Laws

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Public Policy, The Editorial

Reducing Farmer Suicides in India through Stricter Media Regulations

By: Raj Shekhar More farmers in India are committing suicide than ever before because of their failure to repay debts — at least, this is what the majority of our Indian [emphasis supplied] news media report with headlines often pinpointing an increase in the number of such appalling instances. However, recent data brought out by the National Crime Records Bureau (NCRB) shows a gradual decline … Continue reading Reducing Farmer Suicides in India through Stricter Media Regulations

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Public Policy, The Editorial

Bias and Prejudice in Police: Lessons from the US

By: Anjanay Pandey “Ques custodiet ipsos custodet – Who will watch the watchman?” In a world that is becoming increasingly diverse and enabling, stereotypes and biases are often the cause of pain and misunderstanding. What to do when these biases inhabit and affect the police personnel? Biases in law-enforcement agencies usually point to the existence of regressive and conservative outlooks which can be either inherent … Continue reading Bias and Prejudice in Police: Lessons from the US

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Public Policy, The Editorial

The Slow Wheels of Justice

By: Sunanda Singh Bisht Judiciary is one of the most powerful institutions in our country as it is a body responsible for deciding the collective destiny of over one billion people who are diverse in many respects, yet united under a democratic constitution. By all accounts, the judiciary, compared to the other two wings of government (the legislature and the executive) has performed well, retaining … Continue reading The Slow Wheels of Justice

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Constitutional Law, Public Policy, The Editorial

‘Bans’: An Unjust Encroachment on the Right to Freedom of Choice?

By: Kriti Sharma Over the din of overwhelming protests of people against the state’s prerogative to decide what should be consumed (not merely edibles of course), the individual’s freedom of choice lies hanging between its somewhat unsettled constitutionality and the larger role of polity in defining it. The Maharashtra Animal Preservation (Amendment) Bill, 1995 was finally assented to by President Pranab Mukherjee after being passed … Continue reading ‘Bans’: An Unjust Encroachment on the Right to Freedom of Choice?

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Public Policy, The Editorial

Justice for Sale: A Broken Legal System

By: Ashwin Misra The Indian Constitution backed by jurisprudence that is unmatched guarantees equal protection of rights to every citizen. But the real situation is a different story. George Orwell was not wrong in saying that some men are more equal than others – the poor keep toiling to be heard when justice (fabricated or real) comes effortlessly to those who have their coffers full. … Continue reading Justice for Sale: A Broken Legal System

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