Monday, August 10, 2020

Daily Archives: Oct 17, 2018

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Marriage, Morals, and the Constitution: Joseph Shine v. Union of India – Part II/II

An important argument of the Petitioner revolved around how the impugned provisions violated the fundamental right to privacy under Article 21 by interfering with the right to voluntary, consensual sexual intercourse between adults. This submission proceeded in three steps – first, the constitution guarantees a right to privacy

Marriage, Morals, and the Constitution: Joseph Shine v. Union of India – Part I/II

The judgment of the Supreme Court in Joseph Shine v. Union of India striking down Section 497 of the Indian Penal Code and Section 198(2) of the Code of Criminal Procedure is monumental for reasons more than one. Rarely has the Court, in its institutional history, struck down a definitional provision of the Penal Code.

The Politics of the Voice Vote: Why the 2018 Trafficking Bill is cause for Worry – Part III/III

In this third, and final, part to the series on the Anti-Trafficking Bill, 2018, I address three concerns. The first, a critique of the ‘raid, rescue and rehabilitate’ model used by the Bill. The second, I discuss the ignorance of the Bill towards the rights of and impact on the victims of trafficking. Finally, I discuss the improper way in which the Bill was passed in the Lok Sabha.
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Must Read

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). [...]
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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. [...]

Experiences with Pluralist Stakeholder Model in India: For Whom Should a Company be Run?

This article seeks to trace the emergence and operation of a stakeholder model of corporate governance in India, that is sourced in directors’ fiduciary duties, Corporate Social Responsibility [‘CSR’], and the agency of Independent Directors [‘IDs’]