By Aradhana Parmeshwar and Nimisha Nagpal Introduction India houses approximately 5 lakh transgender people.[1] However, to most in our country they remain just a statistic, excluded from mainstream society. Their skewed portrayal by society and a refusal to accord them equal status with cis-gendered citizens as a result of their non-conformity to the traditional gender … Continue reading The Marginalised of The Marginalised: The Troubles Of The Transgender Community During COVID-19
Category: Legislation
National Litigation Policy: Need Of The Moment
By Pratyaksh Sikodia and Ishita Agarwal “The couldn’t-care-less and insouciant attitude of the Union government with regard to litigation has gone a little too far.” [1] The coronavirus pandemic has impacted Indian litigation in more ways than one. The period after this might witness increased government litigation, which is conventionally inferred to be a vertical … Continue reading National Litigation Policy: Need Of The Moment
‘Socio-Economic Disadvantage’ as a Protected Characteristic in Indian Anti -Discrimination Legislation
By Rajat Maloo Introduction Presently, India lacks a comprehensive law to address several forms of discrimination prevalent in the society. Although, the Constitution guarantees equality to all, cases of discrimination continue to be witnessed in all spheres of social, economic and political life even. Existing constitutional protections against discrimination under articles 14, 15, 16 and … Continue reading ‘Socio-Economic Disadvantage’ as a Protected Characteristic in Indian Anti -Discrimination Legislation
State Liability Under The Doctrine Of Promissory Estoppel
By Vibha Nadig Introduction The doctrine of promissory estoppel applies to situations wherein one party (the promisor), through their explicit or implicit conduct, shows an intention to create a legal relationship with another party (the promisee). In displaying such intent, if a person makes a promise, that promise can be held to be binding, and … Continue reading State Liability Under The Doctrine Of Promissory Estoppel
Sukhna Lake as a “Legal Person” : The Challenges Ahead
By Aparna Sojan Recently the Punjab & Haryana High Court, in its judgment in Court on its own Motion v. Chandigarh Administration (herein referred to as the Sukhna Lake case), declared the Sukhna Lake to be a ‘legal person’, having the “corresponding rights, duties and liabilities of a living person.”[1] This comes in the backdrop … Continue reading Sukhna Lake as a “Legal Person” : The Challenges Ahead
India’s Battle against Child Marriage – A Conflict of Laws
By Yash More and Shailendra Shukla Introduction The Supreme Court in Shafin Jahan v. Asokan K.M (hereinafter Shafin Jahan) while adjudicating upon the validity of the marriage of a 24-year-old Muslim convert girl Hadiya with Shafin Jahan, created an inadvertent legal complexity.[1] Justice Chandrachud, in his concurring opinion, while discussing the necessary conditions for a valid … Continue reading India’s Battle against Child Marriage – A Conflict of Laws
Protection of Personal Data of Users of Fantasy Sports Games
By Vibhav Krishna and Shambhavy Singh Introduction The world has been under the threat of COVID-19 for over six months now. With quarantine and lockdowns into effect, people have been finding different ways to stay positive and be productive. Internet has been one of the biggest reliefs in such times. Consequently, an industry which … Continue reading Protection of Personal Data of Users of Fantasy Sports Games
Copyright Complexities of Social Media’s Terms of Use : An Unending Debate?
Lokesh Vyas and Harshil Dureja Contextualisation : A Need for Revision? On 29 June, 2020, India banned 59 Chinese apps including Tiktok, citing that these platforms are “…engaged in activities which are prejudicial to sovereignty and integrity of India, defence of India, security of state and public order.” The ban came amid continuing … Continue reading Copyright Complexities of Social Media’s Terms of Use : An Unending Debate?
A Case for the COVID-19 Technology Access Pool (C-TAP)
By Sanya Zehra Rizvi Introduction On 29 May 2020, the World Health Organisation (‘WHO’), along with the Costa Rican Government launched the COVID-19 Technology Access Pool (‘C-TAP’) to promote universal accessibility to potential vaccines, technologies, diagnostic kits, etc.[1] It is “voluntary and based on social solidarity and aims to accelerate the discovery of vaccines, … Continue reading A Case for the COVID-19 Technology Access Pool (C-TAP)
Minor’s Right to Protest : Balancing Rights and Restrictions
By Kavya Arora Introduction ‘Protest is a form of individual or collective action aimed at expressing ideas, views or values of dissent, opposition or denunciation’.[1] Examples include expressing social or political perspectives, vocalising criticism or support regarding government, reacting to a policy or denunciating a public problem and raising awareness about discrimination against a … Continue reading Minor’s Right to Protest : Balancing Rights and Restrictions
The Journal of Indian Law and Society 