This article is a nuanced understanding of the impact of TRIPS on pharmaceutical Industry and the right to health. Since its making, the TRIPS Agreement or Trade-Related Aspects of Intellectual Property Rights Agreement has affected IPR, especially in developing countries. The article gauges how the pharmaceutical industry functions and interact with India’s Patent Act and its subsequent amendments. Abinaya K does a detailed analysis of practices like ‘evergreening of patents’. She also provides alternatives such as compulsory licensing and price ceilings to balance and protect the right of health for the consumer at large.
The decriminalisation of Section 377 is made of many moments of courage and activism that came before it. And the Navtej Singh Johar judgment captures those moments by citing the literature which supported same-sex love and LGBTQIA+ activism. Deepanshi Mehrotra writes how certain texts impacted the Navtej judgment and how the judgment is creating an impact today. This article is the third in a three-part series on ‘homosexuality’ in India, its history, from the past and in the making.
The legality of live-in relationships in India is quite muzzled. While there’s no legislation defining live-in relationships in India, the judiciary hasn’t been averse to the idea. So even though it’s pretty common now, no legal protections are extended to couples as the state does not legally recognise the relationship. The subject offers a conundrum for the couple and often act as an impediment to access social security. Alekhya Sattigeri writes about the legal status of live-in relationships in India, detailing the judiciary’s stance on the same.
While the question, is ‘Covid-19 a force majeure event?’ has been discussed several times, it hasn’t been detailed concerning different countries. In the absence of a legislative definition and evolved jurisprudence regarding the application of the force majeure clause, it only makes sense to analyse its operation compared with other countries. The piece also answers how the covid-19 as a force majeure event affected the real estate sector in India. Saradha Devi writes a compelling analysis of the application of the force majeure clause in India and elsewhere. Through specific examples, Saradha also draws its impact on housing and real estate.
Indian colonial and post-colonial legislation and society together tried to push sex workers in India outside the domain of the ‘normal’. Even after independence, the shadow of moral chastity reflected on the drafting and interpreting laws that continued to create exclusionary spaces for sex workers in India by further invisibilising them. From criminalisation to victimisation, Shivangi Banerjee describes the derogation of sex workers in India.
With technological advancements and brands’ creative proactiveness, we see many fluid trademark examples in India and the world. Especially after the Covid pandemic, many brands added elements to their trademarks to stay relevant. However, despite an overhaul of creative fluid trademarks, Indian courts haven’t seen many cases related to fluid trademarks. In addition, the Indian law doesn’t specifically mention the same. Highlighting international jurisprudence and case laws, Saumya Saxena details the meaning, scope and importance of fluid trademarks in India and elsewhere.
A lot has been written about corruption in Nigeria since independence. Even though the country tried to inculcate transparency and accountability through reformations, it seems to retreat to its past. With eclipsing free speech and failing legal machinery, corruption has only surged. Damilola Bajo describes the many instances of corruption in Nigeria and how they have affected democracy. In this commentary, she moves ahead with a solution-oriented approach to counter corruption, arguing how collective desire and change can propel effective policy implementation.
While the usage of the force majeure clause and its doctrine is relatively narrow, it became almost overused during the Covid-19 pandemic and several lockdowns in states and the country which followed. Among many other things that the Covid-19 pandemic hit, it also disrupted the economy and the fulfilment of contracts and contractual obligations. Namit Vora explains the meaning of force majeure and doctrine of frustration and explains how its use panned out in India.
The Modi cabinet reshuffle occupied Indian media’s broadcast space for the whole of last week. While several attributed the new changes to a decisive step, some called it tokenism to undo recent fiascos. The recent reshuffle shows that governments with a significant majority in the Parliament have it easier. The same has been evident throughout PM Modi’s two terms. Jaibatruka Mohanta analysis the pattern of cabinet reshuffles in India in the light of the recent one.
Chernobyl, Fukushima Daiichi, and World War II events marked the worst nuclear disasters in world history. Yet, even after Chernobyl, many assumed that the world order was beginning to restrain its ignorance. And now, it could finally tame nuclear or atomic energy to incapacitate further destruction. But Fukushima hit right at the world in a few years. In the first article of a two-part series, Ankita Ravikumar writes how ‘nuclear energy’ became elementary for nation-states to exhibit power. She does so by highlighting the worst nuclear disasters and locates the liability.
Constitutional experts have written extensively about cooperative federalism in India, and have highlighted several faultlines. While the Constitution makers made efforts to make governance truly collaborative, they also conferred specific powers to the central government, giving an upper edge to the Parliament in decision making. Aradhana Swanand details various provisions in the constitution that allow and inhibit the full realisation of cooperative federalism. She also details the advantages and disadvantages of effective governance in a quasi-federal state like India.
In Part II of a three-part series, the article talks about the infiltration of colonial morals and how the anglicisation of selective religious text polluted the connotation of same-sex love in India. Thus, further inscribing British orthodox morality into the constitution and elsewhere. Deepanshi Mehrotra writes how S. 377 was implemented as a tool of disciplining desire. And even after independence was used for harassment by the police and society alike.
Media trials in India have become more common than one would imagine; what started as a benign form of investigative reporting have spread like a wildfire of fake news and speculation. Therefore, these media trials invalidate legitimate media reporting by casting a shadow of unverified claims and generalisation. Ishita Singh and Harsh Bhargava present the predicament of media trials and how they could weaken judicial decision-making and democracy. They offer the essential historical point that marks the beginning of media trials in India and the world, presenting various principles that allow spaces for egalitarian reporting.
Do short tenures affect the legacy of the Chief Justice of India? Many suggest that the inconsistent terms of CJIs present a predicament to the functioning of the collegium and the Supreme Court. While several CJIs had impactful but short tenures, irregular terms for CJIs in office could delay judicial reform. Jaibatruka Mohanta traces the scattered legacy of Chief Justice of India from before Independence and understands the transition that came after.
Recently, a series of tweets and Instagram stories made headlines as they alleged instances of sexual abuse in Chennai’s well-known school. These allegations raised several crucial questions, including how schools serve as breeding grounds for child sexual harassment and how teachers are often complicit as abusers by making sexual advances at students. Detailing the instances that followed an uproar on social media, Surabhi KC explains the sequence of events adding to the larger narrative of child sexual abuse in schools.
To find the meaning of queer as we know of it today, and locating its beginning is nearly impossible. Like language, the purpose of ‘queer’ and its significance has only evolved. From an idea to identify and finally becoming activism, ‘queer’ is not limited to how one defines themselves. It extends beyond the gender and sexuality paradigm; it presents marginalisation and change. Srinithi Sreepathy traces the beginning of the Stonewall movement, the making of pride and the evolution of the word ‘queer’. She also looks at the significance of the word in the Indian context.
This article is part of a three-article series that will discuss the history of homosexuality in India in pre-colonial and colonial times and the decriminalisation of Section 377. Historians often reference back to the pre-colonial times when speaking about same-sex love and its prevalence in mythology, vernacular literature and religious text. But many oppose homosexuality based on the reasoning that it subscribes to a western form of living. Deepanshi Mehrotra, in this article, as part of three-article series, will debunk the ‘western idealogy’ argument, countering literary and graphic evidence smothered across India’s monuments and scriptures.
Experts throughout the world are optimistic about the boom of blockchain technology in Africa. The high praise is also because emerging blockchain-based solutions are being customised for developing countries and are touted to increase the quality of life in such countries.
While there are concerns regarding its efficacy and cautions to security, the latter is often ruled out for its immunity against data theft, and the former often goes unaddressed. Damilola Bajo explains the importance of blockchain, highlighting the advantages and limitations of integrating blockchain technology in Africa.
On June 14, at an inaugural session at the G7 Summit, India stressed for Covid vaccine patent waiver for the umpteenth time. India requested a lift of patent for the Covid-19 vaccine after the United States had offered to support the same in May. While the Council of TRIPS recently decided to hold a series of meetings till July to mull over patent wavers for the Covid vaccine, the push for the same got initiated in October last year. Although reasonable, the demand for a patent waiver by South Africa and India caused quite a stir among pharmaceutical companies and wealthier nations. Nishtha Mittal breaks down the meaning and significance of intellectual property rights with respect to the Covid vaccine and its equitable distribution. She argues that amid a raging emergency, a middle path could offer a tangible solution.
Journalist Siddique Kappan case recently reignited after his video asserting his belief in the Indian Constitution and Judiciary went viral. Siddiquie Kappan got arrested while he was on his way to report the Hathras rape case in Uttar Pradesh. He is among many small and independent journalists who are wrongfully incarcerated under draconian laws like the Unlawful (Activities) Prevention Act and sedition. The latter is, in fact, a colonial leftover.
Both these laws reverse the burden of proof and are worded to warrant human rights violations. Shubhra Agarwal, a Lawctopus Writers Club member, breaks down the case with its timeline. She also explains how the case defies legal protections, abusing excessive state power to silence voices of dissent.