Monday, August 10, 2020

LATEST PRINT

Public Policy under the New York Convention – Bridges between Domestic and International Courts and Private and Public International Law

Abstract Controversy continues over the “public pol-icy” exception set out in the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Claims are still made regarding the sharpness[..]

Hardship & Substituted Performance as Defences against Specific performance: Critique of the Recent Developments

For a long time, contract law in India has beenregarded as being plagued with inefficient contract enforce-ment mechanisms. The consequence has been that projects remained incomplete for several years[..]

A Critique of the Aadhaar Legal Framework

This paper critically examines the legal framework consisting of the Aadhaar Act, the Aadhaar Ordinance, and the Aadhaar Regulations from the perspective of accountability, delegation, and grievance redressal and enforcement[..]

Fostering the Realization of the Right to Water: Need to Ensure the Universal Free Provision and to Recognize Water as a Common Heritage

The fundamental right to water has long been formally recognised in India. However, notwithstanding this and numerous governmental interventions over the years, universal provision of water is yet to be achieved[..]

Publicity Rights and the Right to Privacy in India

The right to publicity is the right to protect, control, and profit from one’s image, name, or likeness. This right is generally considered as a facet of right to privacy. This article aims to study the[..]

Gender, Alterity and Human Rights: Freedom in a Fishbowl (book review)

Ratna Kapur’s book, Gender, Alterity and Human Rights: Freedom in a Fishbowl, is a much needed, well timed, radical critique of the current human rights praxis. While Kapur does acknowledge the value of liberal rights[..]

What use is poetry? Excavating Tongues of Justice Around Navtej Singh Johar v Union of India

The Supreme Court of India, in Navtej Singh Johar v. Union of India, read down Section 377 Indian Penal Code (‘S. 377’), decriminalizing sexual relations between consenting adults, irrespective of sexual orientation or gender identity[..]

LATEST ONLINE

Towards An Anti-Zoo Jurisprudence (1/2)

Part I of the article introduces the changing judicial landscape of animal rights. It analyses the negative impact of zoos on the physical and mental well-being of animals. [...]

Towards An Anti-Zoo Jurisprudence (2/2)

Part II of the article critiques the traditional justifications for animal captivity in zoos. It further juxtaposes these justifications with an emerging anti-captivity jurisprudence. Section 38A of the Indian Wildlife (Protection) Act, 1972 provides for the establishment of the Central Zoo Authority (CZA). [...]

Judicial Interference and the IBC: The case of Embassy Property Developments

While the law has been overhauled through the passage of the IBC, the trajectory of court interference is one that has to been seen in the coming few years. However, if the early signs are indicative of anything, it is that the judiciary has not learnt from the failure of the SICA regime – judicial interference continues unabated. [...]

Reconciling Reproductive Autonomy with the Public Interest Obligation of the State: A Look at the Prospect of a Two-Child Policy in India

On March 14th, 2020, Dr. A.M Singhvi sought to introduce the Population Control Bill, 2020 in the Rajya Sabha. However, this is not the first time when a National Population Policy has been proposed for the Indian demographic setup[..]

Controlling India’s Population Explosion: The Constitutional Question

Last year, in his address to the nation on Independence Day, the Prime Minister expressed concern over the prospect of a ‘population explosion’ in India, and went as far as to say that keeping small families was patriotic. There has since been a renewed[..]

For the Love of Food: The Role of Competition Law in the Indian Food Sector

Hundreds of millions of Indians continue to have poor nutritional health despite the country being self-sufficient in a number of food crops. I argue that the shortcomings of the Indian food sector stem from limited ‘accessibility’ to food[..]

The Diluted Role of States in Teacher Education: An Analysis of the Conflicting Jurisprudence

A decision of the Delhi High Court in Laxmi College of Education v. National Council for Teacher Education, has once again opened a pandora’s box with respect to the litigation surrounding regulation of teacher education institutions in the country.