By Aditi Bhojnagarwala On 27 February 2024, a plea against demolitions of commercial constructions in the Akbarnagar district of Lucknow was dismissed by the Allahabad High Court. The court reached the conclusion that the petitioners were not actually poor by relying on the Below Poverty Line (“BPL”) certificates or income tax return (“ITR”) certificates that … Continue reading Demolish the BPL Method: Flaws with the Court’s Conception of Poverty in the Akbarnagar Demolition Case
Category: Law and poverty
Cash v. Capabilities – Negotiating Maternity Costs and Solutions
By Kopal Mital Introduction A perusal of Article 42 contained in Part IV of the Indian Constitution would reveal that one of the goals of the state is to provide maternity relief.[1] While the provision of maternity relief will continue to be an ongoing goal, India needs to make significant progress when providing these reliefs … Continue reading Cash v. Capabilities – Negotiating Maternity Costs and Solutions
Critically analysing the ‘Delhi HC’s Decriminalisation of Begging’ from a Dworkinian lens
By Kshitij Goyal Introduction The extraordinarily broad definition of “begging” under the Begging Act[1] criminalised begging. Here, there was uncertainty regarding the scope of the word ‘begging’. Moreover, the impugned Act gave undue powers to arrest a ‘beggar’ without a warrant.[2] Also, the District Magistrate was empowered to take fingerprints of persons in the ‘certified … Continue reading Critically analysing the ‘Delhi HC’s Decriminalisation of Begging’ from a Dworkinian lens
Homeless And Hungry : Rights Of Migrant Workers In Times Of COVID-19
By Akshat Bhushan Introduction The Novel Coronavirus has brought the whole world to a standstill. The virus had reportedly originated in China in November 2019. It spread far and wide across national borders so much so that by March 11, 2020 the disease was declared as a pandemic by the World Health Organization.[1] In … Continue reading Homeless And Hungry : Rights Of Migrant Workers In Times Of COVID-19
Labour Laws And The Constitution: Indian Economy In Times Of The Pandemic
By Sahil Sonkusale and Nipunj Niket The world has been pushed into an uncharted territory due to the COVID-19 pandemic. None of the sectors of the modern-day nations remain unaffected. This pandemic has had a deep impact on the global economic setup. The world, apart from defending itself against the virus, is faced with … Continue reading Labour Laws And The Constitution: Indian Economy In Times Of The Pandemic
A case against the Mahatma Gandhi National Rural Employment Guarantee Scheme
Sarath Ninan Mathew* Mahatma Gandhi National Rural Employment Guarantee Scheme (“MGNREGA”): Setting the Context The unemployment rate in the period 2004-2005 was 2.37%. In the period 2009-2010, when MGNREGA was fully operational, this decreased to 2.06%. In absolute terms, around 1.45 million more people were employed in 2009-2010 in comparison to 2004-2005.[1] Even if we … Continue reading A case against the Mahatma Gandhi National Rural Employment Guarantee Scheme
Revisiting Anti Vagrancy Laws from a Post Colonial Perspective
By Arbina Dey I. Introduction The dictionary meaning of the term ‘vagrancy’ connotes—being in a constant state of idle wandering without any visible means of support.[1] Most anti-vagrancy statutes draw a presumption of lawlessness against those who exhibit such a state of vagrancy. This then goes on to form the basis of the entire anti-vagrancy … Continue reading Revisiting Anti Vagrancy Laws from a Post Colonial Perspective
Conversation with Prof. Nandini Sundar, Professor of Sociology at DU
Prof. Nandini Sundar is a Professor of Sociology at the Delhi University. She was one of the lead petitioners in the well-known case of Nandini Sundar v. State of Chattisgarh (WP (C) 250 of 2007). She won the prestigious Infosys Prize in 2010 for her contributions to social sciences. She has several publications to her credit and … Continue reading Conversation with Prof. Nandini Sundar, Professor of Sociology at DU
Supreme Court Judgement Striving to Fully Eradicate Manual Scavenging in India: Another Attempt in Vain?
by Saasha Malpani Campaigns, protests and laws have done little to end the perpetuating practice of manual scavenging in India. After more than two decades of enactment of legislations, the Supreme Court finally took notice of the issue and passed a landmark judgement in what may be a respite for human right activists all over the country. … Continue reading Supreme Court Judgement Striving to Fully Eradicate Manual Scavenging in India: Another Attempt in Vain?
Should Valjean have been Punished for Stealing Bread? A Reflection on Poverty and Criminal Responsibility
by Saurabh Bhattacharjee “...The appellant had in fact intended to wipe out the whole family including himself on account of abject poverty...this aspect of the matter has not been properly appreciated by both the Sessions Court and the High Court…”- Kurian J, in Sunil Damodar Gaikwad v State of Maharashtra [1] Should poverty be considered … Continue reading Should Valjean have been Punished for Stealing Bread? A Reflection on Poverty and Criminal Responsibility
The Journal of Indian Law and Society 