By Chandrika Bothra The jurisprudence of the Indian criminal law is not explicit with its stance on state entrapment or the defences concerning it. However, the use of entrapment to create a crime where none would have existed has largely been seen as contrary to the principles of public policy. A holistic and well-rounded approach … Continue reading Rethinking The Traditional Approaches to The Defence of Entrapment in Indian Law and Society : Lessons from America (Part I)

By Neelabh Bist A recent decision[1] of the Karnataka High Court, against which a petition has been filed in the Supreme Court of India, highlights an ill-conceived vision of substantive equality. The decision upheld the constitutionality of Rule 4 of the Karnataka Right of Children to Free and Compulsory Education Rules, 2012,[2] which provides that … Continue reading Substantive Equality and Right to Education in India

By Ananya Agrawal What started off as a voluntary contribution by business houses, has now become an imposition post the Budget Session, 2019 of Parliament.[1] It passed the Companies (Amendment) Act, 2019 (‘the Amendment’),[2] withholding one provision for further review. The amendment sought to criminalise the non-compliance of Corporate Social Responsibility (‘CSR’) provisions, attracting a … Continue reading Corporate Social Responsibility: A Volition Or An Imposition

By Shreevatsa Lakhotia and Harishankar Raghunath  International pressure forced India to hastily conform to a global regime on drug control and formulate laws that focused on penalisation. This resulted in a drug policy that was not tailor-made for the country and left open significant loopholes in the statute, which subsequent amendments either partially addressed or … Continue reading A Case For Reformation Of Narcotics Law In India

By Devangana Mandal and Dhwani Parekh The years 2015 and 2016 have been monumental for the issue of medical termination of post-20-week pregnancies resulting from rape. Particularly in the case of minors, there has been a flurry of such cases at the Supreme Court-level requesting directives in exceedingly complex issues, from a legal and medical … Continue reading Abortion for Minor Rape Survivors

By Kushagr Bakshi In 2014, Subramanian Swamy, joined by Arvind Kejriwal Rahul Gandhi amongst others, moved the Court under Article 32 challenging the constitutional validity of Section 499 and 500 of the Indian Penal Code, 1860 coupled with Section 199(1) to (4) of the Criminal Procedure Code, 1973[1], the laws that lay down the offence … Continue reading MeToo and Section 499: The Story of a SLAPP

By Anusha Peri and Ramya Chandrasekhar  In the second piece of this two-part post, we look at UBI as a subsistence right, and its value in a moral economy. IV. An unconditional minimum income as a subsistence right In light of the above, we argue that an unconditional minimum income scheme like UBI is in … Continue reading UNIVERSAL BASIC INCOME: A CASE FOR ITS RECOGNITION AS A HUMAN RIGHT – PART II

By Anusha Peri and Ramya Chandrasekhar  In the first of a two-part post, we look at the threat of automation and its impact on the labour force. The threat of rapid redundancy of manual and unskilled labour as a result of technological unemployment is imminent, warranting immediate state action.[1] In the current era of artificial … Continue reading UNIVERSAL BASIC INCOME: A CASE FOR ITS RECOGNITION AS A HUMAN RIGHT – PART I

By Mihika Poddar and Archismita Raha In August 2016, the Central government introduced the Transgender Persons (Protection of Rights) Bill, 2016 (‘the Bill’), in Lok Sabha. It aims to provide for a comprehensive framework for the protection of transgender persons, in pursuance of the affirmation of their socio-political rights by the Supreme Court’s NALSA judgement … Continue reading THE TRANSGENDER PERSONS (PROTECTION OF RIGHTS) BILL, 2016 – POLITICAL EYEWASH?