Tuesday, September 28, 2021

LATEST PRINT

Affirmative Action Under Article 15(3): Reassessing The Meaning of “Special Provisions” for Women Affirmative Action

– Unnati Ghia Abstract Article 15(3) of the Constitution of India is an affirmative action provision intended to remedy the disadvantage faced by women, yet its application has been predominantly based in paternalism. In interpreting the phrase “special provisions for women”, Indian courts have often reinforced oppression through an extensive reliance on...

Transcript – XIII NLSIR Symposium

Session I – Reservations: Rethinking Roots In Constitutionalism The first session sought to achieve a re-imagination of the constitutional understandings of substantive equality, dignity and opportunity, as informed by recent political and jurisprudential thought. The panel for this session consisted of Dr Sudhir Krishnaswamy,Prof N Sukumar and Dr Sumit Baudh,...

Recent Damages to India’s Social Justice Architecture

– D. Shyam Babu* Abstract: Part XVI of the Constitution of India enumerates special provisions relating to the general welfare of the Scheduled Castes (‘SCs’), Scheduled Tribes (‘STs’), and Other Backward Classes (‘OBCs’). These provisions form the basic architecture of India’s social justice commitments to its citizens. This article...

Democracy and Political Marginality: Reading Invisible Resistance to Political Reservation in India

- Jagannath Ambagudia I. Introduction The Indian state has adopted a reservation policy for the scheduled castes (‘SCs’) and scheduled tribes (‘STs’) to address the social discrimination and geographical isolation that they encountered for centuries. Over time, however, it has become a contested ground...

On The Deity As Juristic Personality: The Religious, The Secular And The Nation In The Ayodhya Dispute and Ayodhya Judgment (2010 AND 2019)

- Rahul Govind Socrates: Tell me then, by Zeus, what is that excellent aim that the gods achieve, using us as their servants?- Euthyphro The following paper will analyse the concept and context of the ‘juristic person’ as it takes form in the Ayodhya case and the Ayodhya judgments (2010 and...

Chebrolu Leela Prasad: Making Apparent the Existing Gaps in Reservations Jurisprudence

- Shivam Singh and Harpreet Singh Gupta* Note: This is an advanced version of the article that will be published in Volume 32(2) Abstract: The Constitution Bench of the Indian Supreme Court in Chebrolu Leela Prasad has held that 100% reservation for tribal teachers in Scheduled Areas is unconstitutional. To arrive...

Kahler v. Kansas: Insanity and the Historical Understanding of Mens Rea

The decision in the recent case of Kahler v. Kansas before the SCOTUS involves important issues in criminal jurisprudence. In this paper, an attempt has been made to trace the nuances of the different forms of defence the insanity plea can take and the practical implications of the same against the background of the Kahler [...]

The Enduring Gaps and Errors in Capital Sentencing in India

In the forty years since Bachan Singh upheld the constitutional validity of the death penalty in May 1980, there have been numerous concerns about the fate of the death penalty sentencing framework laid down by the majority. Inconsistent application, interpretational errors, and judge-centric decision making have dominated these concerns [...]

How Stereotypes about Indians are used to promote Abortion Restrictions in the United States?

Many state legislatures in the United States have passed restrictions on abortion for purposes of selecting the sex of the child. Advocates for these bans are using the widespread crises of sex-selective abortion in India to push for the prohibitions in the U.S. They argue that immigrants from India abort female fetuses [...]

LATEST ONLINE

Questioning the Standard of Judicial Review in the Maratha Reservation Judgement

– Ishika Garg Introduction The Supreme Court struck down the Maharashtra State Reservation (of seats in educational institutions in the state and for appointments in public service...

Data Portability as a Competition policy tool for Social Media Platforms

- Ankit Kapoor The last decade has seen global regulatory intervention against the anti-competitive conduct of dominant social media platforms, particularly Facebook. Recognizing the immense...

The Need for the Empirical Determination of Games of Chance and Skill

Recently, a Division Bench of the Bombay High Court sought a reply from the State authorities on the allegation that a game application called Ludo Supreme was engaged in gambling activities. The author posits an argument that there must be an objective measure to analyse whether the outcome of a game depends predominantly on chance or skill.

Antitrust Implications of Food Service Aggregator Owned Cloud Kitchens

As delineated in the recent case of In Re Prachi Agarwal & Ors. v Swiggy (“Swiggy case”), Food Service Aggregators (‘FSAs’) like Swiggy and Zomato operate in the “App based food delivery platform” market with India being the relevant geographic market.But lately, these FSAs have branched out to become market participants by registering self-owned ‘cloud kitchens’ on their own platforms. A cloud kitchen or ‘ghost kitchen’ is a restaurant that cuts down on all the overhead costs, eliminates the typical brick and mortar structure and only offers delivery or takeout services. This article highlights the anti-competitive ramifications that follow the neutral FSAs’ (in this case, Swiggy) decision to become a market participant.

The Silent Conquest — Coastal Governance in the Blue Economy

In NLSIRO’s latest piece, Stella James and Nayana Udayashankar argue that fishworkers have been systematically excluded from rightful access to, and governance of commons, on the justification of economic development. They look at this issue of loss of access in reference to the tourism industry. The piece briefly looks at the historical governance of coastal commons and traces the changes to the governance systems that accompanied the Coastal Regulation Zone notifications. It concludes that laws and policies have been framed to support massive industrialization of the Indian coast, while violating fundamental rights.

Reviewing the New Drugs and Clinical Trials Rules, 2019: Lessons from the COVID-19 Pandemic

Almost as if it was foreshadowing the COVID-19 pandemic, the New Drugs and Clinical Trial Rules, 2019 (‘NDCTR’/ ‘Rules’) brought about significant developments by consolidating and streamlining the framework for regulating clinical trials and approvals thereof. However, the circumstances in the recent past have raised questions as to whether these new Rules, in their attempt to promote robust clinical research in India, have compromised on the safety and efficacy of trials, making them more sponsor-friendly. This piece explores such issues in the context of striking the right balance between the two.

A Critical Reappraisal of Bonus Laws in India

The article first highlights the concerns with bonus distribution in India which is constrained heavily due to the determination of bonus payments being based on profits generated by the businesses. The article then proceeds to explore the problems with the set-off and set-on rule prescribed in Section 36 of the Code which carries forward the bonus payments to the succeeding year, thereby withholding the employee’s rightful payment for that year.

Concept Note – XIV NLSIR-Samvad Partners Symposium: Strategising A Healthcare Framework for India: Headways, Dilemmas, and the Way Forward

The COVID-19 pandemic exposed the gaping vulnerabilities in the country’s public healthcare system. States struggled to ramp up their healthcare facilities, hospitals were quick to run out of beds, the costs of medical facilities and drugs rose steeply, and many individuals belonging to socio- economically vulnerable communities were unable to access healthcare facilities. Apart from these structural issues, a few specific issues stood out. These very issues are the focus of the XIV NLSIR-Samvad: Partners Symposium. Through this Symposium, we hope to address some of the pressing concerns relating to India's public healthcare system and hope to reconceptualize the country's healthcare framework in a holistic manner.

Reimagining the Limits of the Co-Conspirator’s Exception to Hearsay in India

Courts have favoured a restricted interpretation of section 10 and have limited its application to things said or done during the pendency of the conspiracy. Such interpretation is based on the presumption that section 10 embodies a rule of common responsibility that is based on the theory of agency.