By Suvanssh Mahajan Introduction In a recent editorial, prominent Indian economist Swaminathan Aiyar voiced his disappointment with Medha Patkar and other critics’ steadfast opposition to the Sardar Sarovar Dam.[1] Based on a study conducted by Mr. Aiyar along with fellow economist Neeraj Kaushal on the living conditions of resettled tribals who had been displaced en masse by the project, he argued that … Continue reading The Adivasi Question – Ownership Rights, Development and the Post-Colonial ‘Sovereign State’
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Re-Inventing Contract Labour Under the Labour Reforms: Taking the Example of the Indian Information Technology Sector
By Rakshit Assudani Introduction For decades, the Indian labour industry has been characterised by the prevalence of contract labour. It was a frequent practice by the employers to hire contract labourers in place of regular workers, thereby acquiring labourers at a cheaper rate and escaping all the legal obligations relating to the regular workers. This … Continue reading Re-Inventing Contract Labour Under the Labour Reforms: Taking the Example of the Indian Information Technology Sector
Normalize Adoption: Need for a Revamp in the Adoption Leave Provided in the Maternity Benefit Act, 1961
By Muskan Bhuteria Introduction Adoption has always been a challenge in India which has been exacerbated during the Covid-19 pandemic.[1] While the focus has been on the medical aspect of things, the secondary impact of the pandemic has been massive, especially on children who have lost their families.[2] Lancet studies have stated that India is … Continue reading Normalize Adoption: Need for a Revamp in the Adoption Leave Provided in the Maternity Benefit Act, 1961
The Two-Finger Test, the Failure of Forensics and the Predicament of Indian Rape Victims
By Debayan Bhattacharya and Dhaval Hemesh Sheth Introduction Recently, an IAF officer filed a police complaint, alleging that she had been subjected to the illegal and dehumanising two-finger test after reporting rape.[1] The two-finger test also known as the Per Vaginal (P/V), is an invasive test used by medical practitioners to assess the laxity of … Continue reading The Two-Finger Test, the Failure of Forensics and the Predicament of Indian Rape Victims
Critiquing Anti-Conversion Laws Through Sen’s Theory of Justice
By Athman Khilji Introduction While arguing for equality of capabilities, Sen emphasized on the importance of ensuring that we do not restrain ourselves by viewing justice through a “unifocal view of equality”.[1] Instead, he urged to pedestalize the demand for “fair processes”[2] and ensure procedural mechanisms in the justice system remain unbiased, unadulterated, and fair … Continue reading Critiquing Anti-Conversion Laws Through Sen’s Theory of Justice
Testing the Waters of the Anti-Maritime Piracy Bill, 2019
By Akshay Ashok and Samavi Srivastava Introduction In December 2019, eighteen Indian sailors were abducted off the coast of Nigeria, marking another act of piracy in recent years.[1] Piracy is an ancient problem that has plagued the world for many centuries. It is a universal problem that the international community has been trying to address. … Continue reading Testing the Waters of the Anti-Maritime Piracy Bill, 2019
Indian Zoos – An Uncharted Territory
By Varun Garg India is a mysterious place where animals are worshipped while sacrificed to deities at the same time. It is appalling seeing that even though we have moved from a barbaric to a civilised society, we still treat animals as human property and use them as per our conveyance in inhumane manners. In … Continue reading Indian Zoos – An Uncharted Territory
ODR for the Masses: Using ODR at Grass-Root Level in India
By Aditi Mishra and Kavya Arora Introduction In 2018, the Vice President of India, M. Venkaiah Naidu, while addressing a Conference organised by Construction Industry Arbitration Council, referred to Online Dispute Resolution (ODR) as “a logical and natural step” towards the future of dispute resolution.[1] ODR has become more relevant recently due to the effects … Continue reading ODR for the Masses: Using ODR at Grass-Root Level in India
Criminal Defamation: The Right to Speech v. The Right to Dignity
By Pallavi Agarwal Introduction Indian law not only penalises the act of defamation but also allows for compensation claims against it as a civil remedy.[1] While criminal defamation is defined under §499 and punishable under §500 of the Indian Penal Code (hereinafter ‘the IPC’), civil defamation is rooted in common law and Indian courts have … Continue reading Criminal Defamation: The Right to Speech v. The Right to Dignity
Ethnic Imbalance in International Arbitration- Cause for Concern?
By Sakshi Agarwal International arbitration strives to serve an increasingly globalised and ethnically diverse commercial community. However, white male arbitrators from North America and Western Europe continue to dominate most arbitral tribunals, thus limiting its outlook to western cultures. While arbitral women have advocated against this narrowed approach and leading institutions have responded positively, diverse … Continue reading Ethnic Imbalance in International Arbitration- Cause for Concern?
The Journal of Indian Law and Society 