Tag: Human Rights

Criminal Law, Human Rights

Women of Manipur- The Collateral Damage.

In this article the author delves into the problem of sexual violence targeting women in areas affected by conflict, with a particular focus on the recent communal violence in Manipur. It underscores the widespread occurrence of various forms of violence against women, including abuse and rape, during times of armed conflict. The article advocates for the creation of a legal framework to acknowledge, confront, and deliver justice to female victims of sexual violence in conflict scenarios, as existing laws and international initiatives have fallen short in safeguarding these victims. Additionally, it explores the global perspective and suggests modifications to legislation and enhanced mechanisms to tackle this problem within India. Continue reading Women of Manipur- The Collateral Damage.

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Sports

Blurred Lines: The Ills of Conflating Doping and Hyperandrogenism Regulations

This article specifically deals with women whose testosterone exceeds the acceptable range prescribed by World Athletics (‘IAAF’) (a condition referred to as hyperandrogenism). The author highlights the discriminatory nature of the regulations that apply to these women and argues that the current doping regulations further aid such exclusion of women from sports. It concludes by stating that firstly, separate, and improved regulatory mechanisms are required to deal with the issue of hyperandrogenism in sports and secondly, that filling this legal gap by using doping samples as per World Anti-Doping Agency (WADA Code, 2021) to verify gender is unethical and discriminatory. Continue reading Blurred Lines: The Ills of Conflating Doping and Hyperandrogenism Regulations

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labour law

Working Hours And The New Labour Code: The Need To Reconsider

In this article, the authors analyze the codification of the labour codes as has been initiated recently by the labor ministry of the country and the combination of the present legislations into such codes. The codes have been examined on lines of international legislations and conventions prevalent in this regard and compares the same with the provisions of the code as has been envisioned in the codes. The codes also have been analysed on the yardsticks of how well they are fair in terms of the basics of labour laws and the rights of labour that needs to be respected and kept intact while drafting the codes. Continue reading Working Hours And The New Labour Code: The Need To Reconsider

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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, Jurisprudence

Analysing the Scheme of Open Texture of Legal Language in the Goonda Act, 2021 (Part 2)

The second part of the series uses Ronald Dworkin to elaborate upon how constitutional rights would function as limitations that must be observed by courts to ensure that the interpretive discourse retains ‘justice-qualities’ in the light of broad and vague provisions of the Goonda Act. Continue reading Analysing the Scheme of Open Texture of Legal Language in the Goonda Act, 2021 (Part 2)

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Constitutional Law, Criminal Law, Jurisprudence, Posts

Analysing the Scheme of Open Texture of Legal Language in the Goonda Act, 2021 (Part 1)

This blog series throws light upon the controversy surrounding ‘Lakshadweep Prevention of Anti-Social Activities Regulation 2021’ using the understanding of the core and penumbra. The first part of the series shows how open texture inhabits most of the provisions of the Goonda Act and how it can prejudice the adjudication process. Further, the first part shows that reversion to ‘rights’ as indicators of ‘justice-quality’ of judicial discourse is apt in ‘Hard Cases’ in the backdrop of the Goonda Act. Continue reading Analysing the Scheme of Open Texture of Legal Language in the Goonda Act, 2021 (Part 1)

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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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