Sunday, January 17, 2021

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Who Killed Berta Cáceres? Dams, Death Squads, and an Indigenous Leaders’ Battle for the Planet by Nina Lakhani: A Review

Nina Lakhani in this riveting book stitches together a textured narrative of Honduras, a country whose political economy thrives on extraction, its hostility towards environmental defenders, and the heavily militarised security forces that guard these development projects[..]

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). [...]

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. [...]

‘Make in India’ or Suffer A Compulsory License: An Illegal Deterrent?

Compulsory Licensing is a mechanism through which the State can force a patent-holder to grant a license for exploitation to a firm subject to certain conditions set by law. Article 31 of the Agreement on the TRIPs Agreement prescribes minimum conditions that must be incorporated by the Member States in their respective compulsory licensing legislations [...]

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’]

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.