Wednesday, October 21, 2020

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Bail Decision Making in Karnataka’s Lower Criminal Courts: Why the Nature of the Offences Matters

The rate of under-trial detention in India, at 67% of the total prison population (NCRB Prison Statistics, 2014-16), is a serious challenge to the effectiveness of the criminal justice system. Despite the regular intervention of the Supreme Court, most recently through In Re Inhuman Conditions in 1382 Prisons ((2016) 10 SCC 17)

Double Citizenship under Indian laws and Voting Rights for OCIs resident in India: A Constitutional Analysis

In the late 1940s and 1950s, most of the world was just coming out of and recovering from the Second World War. Suspicions between nations ran high as the world eased into the Cold War, and nationalistic tensions, albeit dulled by the horrors and catastrophic consequences of the World War, still strongly influenced foreign policy.

The Retroactive Effect of Statutory Amendments: Assessing The Impact of Recent Amendments to the Specific Relief Act, 1963

A statute, unlike other forms of legal regulation, can be amended if the legislature is of the opinion that the statute is not serving its purpose. A statutory provision can be added to, subtracted from, substantially rewritten or even repealed. When a statute is amended, the law has to contend with pending litigation in courts that claim under the unamended statute.

Tampon Tax Be Gone: What the US Can Learn from India’s #LahuKaLagaan Repeal (Part II/II)

In this post, I will discuss how taxation of tampons may constitute gender discrimination and possibly amount to a human rights violation. I will also be discussing how disparate treatment in taxation is made visible in this situation and why choices made in taxation policy have significance outside of simple revenue collection

Tampon Tax Be Gone: What the US Can Learn from India’s #LahuKaLagaan Repeal (Part I/II)

The United States has much to learn from India, including lessons about the relationship between taxation and gender equity. In June, 2018, India’s Goods and Services Tax (GST) Council agreed to eliminate the 12 percent tax imposed on menstrual hygiene products such as sanitary pads and tampons.

GST – Levy of Compensation Cess & the Aspect Theory- Some Musings

The introduction of the Goods and Services Tax (‘GST’) regime is a watershed event in the history of indirect taxation in India. This has been facilitated by many important changes in the Constitution of India. The power to levy GST flows directly from newly introduced Article 246A of the Constitution.

Article 22(3): A Constitutional Paradox?

Of late, the transformative nature and potential of the Indian Constitution has been placed under the spotlight thanks to attention from both scholars and courts. The contours of this argument are contested, but according to most versions, the Constitution is an instrument designed to realise an India where the ideals of liberty, equality, and fraternity are fully expressed and protected against arbitrary deprivation.

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.