By Mansi Avashia An unarmed, peaceful protest procession in the land of ‘salt satyagraha’, fast-unto-death and ‘do or die’ is no jural anathema.[1] Introduction The criminal justice system in India is largely a product of British rule.[2] It consists of the judiciary, the police force, and the prisons.[3] These institutions work towards protecting the life … Continue reading Force Major: An Analysis Of The Use Of Force By The Indian Police
Category: Society
The Marginalised of The Marginalised: The Troubles Of The Transgender Community During COVID-19
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
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
Health Inequalities During The COVID-19 Pandemic
By Srihita Vala and Abhinav Gupta Introduction The manner of treatment for COVID-19 by hospitals, and the measures taken by the Central and State governments for patient care have come under scrutiny with various reports suggesting deficiencies and lapses in the measures and policies.[1] These reports raise various concerns such as overcrowding, lack of funding, … Continue reading Health Inequalities During The COVID-19 Pandemic
‘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
Artificial Intelligence: Potential For Use In The Healthcare Sector And The Legal Constraints
By Atrey Tripathi and Astha Shivhare This article was written before the publication of the Draft Health Data Management Policy. Introduction India’s recent initiative to join Global Partnership on Artificial Intelligence (GPAI) as a founding member to support a responsible and human-centric development in use of Artificial Intelligence[1] (‘AI’) has shown that Indian government truly … Continue reading Artificial Intelligence: Potential For Use In The Healthcare Sector And The Legal Constraints
Interview Series 07 – Reforms in Legal Education : In Conversation with Danish Sheikh
(This is the seventh in the series of Interviews that JILS will publish as part of its Interview Series on Reforms in Legal Education) Danish Sheikh is a PhD Candidate at the Melbourne Law School and a member of the Institute for International Law and the Humanities. His research is located at the intersections … Continue reading Interview Series 07 – Reforms in Legal Education : In Conversation with Danish Sheikh
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
The Journal of Indian Law and Society 