By Bhishm Khanna Customs and cultures are perceived as traditional, which are not amenable to change or challenge. Change is associated with laws, evident from the preoccupation to understand law as an instrument of social change. However as argued in this article, the perception that customs are ridden with orthodoxy on one hand and law … Continue reading Customs & Cultures: Sources Or Stumbling Blocks For Law?
Category: Society
Tiptoeing Religious Freedom in India [Part II]
By Astha Upadhyaya and Anant Sangal In the first part of this two-part commentary, we established the infirmities underlying the decision of the Court in Afzal Ansari. We argued that the Court fails to identify the primary concern the petitioner brought before it. In this part, we will argue against the very method the Court … Continue reading Tiptoeing Religious Freedom in India [Part II]
Tiptoeing Religious Freedom in India [Part I]
By Astha Upadhyaya and Anant Sangal This is the first part in the 2-part post titled "Tiptoeing Religious Freedom in India". On 15th May 2020, a two-judge bench of the Allahabad High Court (‘Court’) issued its judgment in Afzal Ansari & Ors. v. State of Uttar Pradesh & Ors.[1] (Civil Misc. Writ Petition PIL No. … Continue reading Tiptoeing Religious Freedom in India [Part I]
Euthanasia: Viewed From the Rights Framework
By Ankit Kapoor The unending advances in medical technology and unprecedented numbers of aging population, alongside global legal developments,[1] render the debate on euthanasia extremely relevant and important. Euthanasia is the practice of intentionally taking someone’s life, so as to relieve them of pain and suffering.[2] Its practice is traceable as far back as 400 … Continue reading Euthanasia: Viewed From the Rights Framework
A Critical Analysis of the Indian Framework Governing Menstruation
By Tanvee Kanaujia In a laudable move, the Scottish Parliament has recently passed a landmark Bill, the Period Products (Free Provision) (Scotland) Bill,[1] considering menstrual rights as important for people’s dignity. Through the Bill, Scotland aims to end period poverty by offering sanitary products free of cost.[2] This makes Scotland the first country in the … Continue reading A Critical Analysis of the Indian Framework Governing Menstruation
Judicial Stereotyping: Times When Lady Justice is Not Blindfolded
By Simran Upadhyay Introduction Recently, the in-house probe panel dismissed sexual harassment allegations instituted against the former chief justice of India, Rajan Gogoi.[1] The Supreme Court, without adequate reasoning, alluded that it did not find any substance in the matter.[2] The judiciary also seemed to have bought into the societal inclination of disbelieving the victim, … Continue reading Judicial Stereotyping: Times When Lady Justice is Not Blindfolded
Revisiting Surrogacy (Regulation) Bill, 2019 from Fuller’s Perspective
By Kirti Meena Introduction The legislation has been trying to increase individual’s access to alternative means of reproduction, when they are unable to biologically reproduce due to any reason.[1] One such development in this regard, has been the Surrogacy (Regulation) Bill, 2019 (Hereinafter referred to as “Surrogacy Bill”). Surrogacy is a means through which an … Continue reading Revisiting Surrogacy (Regulation) Bill, 2019 from Fuller’s Perspective
Need For Data Protection In Modern Sports
By Gunjan Shrivastav and Mansi Gupta Introduction The right to privacy has been declared a fundamental right in India.[1] However, this right is constantly breached[2] in our country where people are always under a threat of constant surveillance by government and private actors.[3] This threat escalates when the person concerned is a public figure or … Continue reading Need For Data Protection In Modern Sports
Minority Rights For The Majority?
By Priyam Mittal Introduction On September 15, 2020, two PILS were filed in the High Courts of Gauhati and Meghalaya, challenging the 1992 Notification that nationally recognised Christians, Sikhs, Buddhists, Muslims and Parsis as minorities,[1] and to which Jains were also added in 2014.[2] The petitioners have requested that minority status be determined at the … Continue reading Minority Rights For The Majority?
Is A Protectionist Stance Good For Indian Startups? A Specific Look At Restrictions On Chinese Investments
By Arnav Bose Introduction Recently, the Department for Promotion of Industry and Internal Trade (‘DPIIT’) released a press note which modified the Foreign Direct Investment (‘FDI’) policy in India.[1] Following this, on 22nd April 2020, an amendment was introduced to the Foreign Exchange Management (Non-Debt) Instrument Rules, 2019 (‘FEMI Rules’) to ratify the changes.[2] The … Continue reading Is A Protectionist Stance Good For Indian Startups? A Specific Look At Restrictions On Chinese Investments
The Journal of Indian Law and Society 