The central government’s repulsion towards the inclusion of Other Backward Classes in the caste census in India has exposed the state’s casteist notions. Moreover, the tussle within BJP party lines and the push from the opposition has only politicised this demand. But the real question remains: why such a census is crucial? Aeshita Singh highlights how the reluctance towards the caste census in India stems from the upper caste imagination of caste.
This article will understand the extent of consumer awareness through a data set of eighty urban households in Bhubaneshwar, Odisha. The piece argues the importance of consumer awareness and the realisation of the same internationally and in various nation-states. Based on the data, Ritesh Singh draws a graphic analysis of consumer purchasing habits and their awareness.
The motivation for introducing payments banks in India came from the lack of access and prevalent financial literacy. Before initiating and setting payments banks, the Reserve Bank of India went through several policy considerations to promote financial inclusion. Aditee Dash explains the meaning and advent of payments banks in India. Aditee also understands its function and its contemporary role in democratising banking systems.
Do tobacco control laws in India have any real impact on tobacco consumption and consumer behaviour? To what extent can the state be held responsible for increased tobacco consumption? The Indian state has tried to address both these questions by decreeing on choice and restricting consumption. However, one can’t be sure if it has had any tangible impact on production or consumption. Moreover, most of these laws affect and proscribe small retailers, utterly negligent of the big players that promote tobacco implicitly. In such a scenario, Harshita Jain questions if tobacco control laws in India are capable enough to be effective?
Data privacy in India is an act of balancing a precarious rope, restricted by the government and internet fiduciaries alike. It disrupts the right to privacy, mediating the information of data subjects as consumerism. From the Aadhar data breach to the Pegasus leaks, even the state has exploited citizens data similar to private entities. Debmalya Biswas understands the risk attached to data on the internet. Debmalya explains through such instances of data breaches, enunciating how effective measures can bring about data protection on the internet.
While necessary for access to law, personal laws in India simultaneously present a challenge to fundamental rights, often leading to injustice. Especially in cases where the right of one minority is pitted against the other. Kumar Aditya revisits the Constituent Assembly Debates and their conundrum over Uniform Civil Code and personal laws in India. Kumar follows from international conventions and treaties and presents a strong case for codifying personal laws in a way that’s voluntary and harmless to any religion.
While Islam is viciously portrayed as perpetrating violence, how much of the misinterpretation of Islamic text add to its misrepresentation? Should we blame the religion for extremist tendencies that certain terror organisations exhibit? Or blame the interpreters of the Islamic text who presents a distorted meaning? While critiquing misrepresentation of Muslims and Islamophobia in the west, Sabahat Wali Khan asks whether there’s a need for introspection within the community.
In recent years, the right to protest in India has become a courageous exercise of upholding democracy and constitutional ideals. To protest then is not simply exercising one’s right. It is also an act of defiance, and a means to uphold other fundamental rights. Dhruv Vatsyayan and Arpit Saxena ask if the peaceful right to protest is indelible to other fundamental rights, then why does it face excessive executive action. Dhruv and Arpit also trace the history of the right to protest in India in colonial and post-colonial times.
Section 295A, a variant of blasphemy law in India, has been subjected to criticism for its vague definition. Moreover, its use in recent years has been more political than religious, often curbing freedom for artists and content creators. Now this abuse and its colonial shadow have extended to digital space. Sahil Panchal argues against Section 295A, reasoning how it’s a version of Blasphemy law in India. He also argues that the Section limits artistic freedom and is often dictated by political impulses.
As bodies piled one over the other, waiting to get cremated, the dignity of the dead got buried by systemic failure and lack of legislation in India. While those who suffered losses, including the caretakers, are trying to locate government accountability, several states are still fudging data. Hence, it’s essential to revisit and remind ourselves of the government failure amid rising cases, all of which has been conveniently brushed aside. During the second wave, death by the pandemic became banal, and Diksha Garg is writing to ask why was it so? She also asks how will the dead be assured dignity posthumously.
Farm laws 2020 created quite a stir over the last year. Farmers from across Punjab and Haryana hurdled at Delhi NCT borders, and others rallied in their states, lending support to those sitting at the Tikri Border. But, while the protests silently loomed over the ends of Delhi, unweathered despite the pandemic, the farm laws and their issues are still unaddressed. Amidst the relative silence from both ends, government and farmers, this article tries to reignite the discussion on what went wrong. Abhinash Ray writes on the Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act to detail its provisions, critiquing it and providing solutions for its implementation.
Mental health and juvenile justice systems are isolated, moralising the subject. However, some studies have shown a direct association between convicted minors and mental health. Given how precarious mental health can be, all inmates at the juvenile detention centre must be treated with utmost care. Yet, the condition of such centres and cells have been deteriorating for quite some time. Mahenu Siddiqui addresses these concerns and draws a correlation between mental health and juvenile justice, giving recommendations for implementing the Juvenile Justice Act (2015).
Despite how consistent and common marital rape in India is, the idea of gender equality falls flat on its face when marital rape is given a subtle nudge from law, society and customs. The immunity to marital rape, too, like many other parts of the Indian code, is a British legacy, which can be traced back to the Jurist Mathew Hale, who laid the grounds for ‘marital immunity’. Aeshita Singh understands the recent Kerala High Court Judgment, which treats marital rape as a ground for divorce and then traces back to laws and social morality.
Among everything else against same-sex love in India, adoption rights for same-sex couples is a utopia. Although the institution of marriage is blotted with patriarchal notions of society, it is necessary to access certain rights. Hence, it is a non-negotiable and compulsory contract with the self and the state. Unfortunately, however, India hasn’t recognised same-sex marriage yet, let alone adoption rights for same-sex couples. Rhythm Kalra asks when will India confer adoption rights to same-sex couples in India.
Article 21 is the perfect example of the transformative character of the Constitution of India. The Indian judiciary has attributed wider connotation and meaning to Article 21, extending beyond the Constitution makers’ imagination. Rija Jain understands the various components of freedom that stem from the ‘right to life’.
‘Tera Naam’, ‘Toilet: Ek Prem Katha’, ‘Ranjhana’ are a few examples of glorification of harassment in Bollywood movies. Most of these movies and their perspectives are marked by a patriarchal mindset and masculine lens, often romanticising the victim’s trauma as an act of ‘falling in love’. Tejaswi Shetty studies such performances of stalking and harassment potent in contributing to crime against women. She also understands the role of the Central Board of Film Certification (CBFC) and how they could be effective.
In the past few years, sustainability reporting in India has become an essential aspect of subsistence for companies that seek business opportunities. Further, the latest circular by the Securities and Exchange Board of India reignited the debate on the implication of the new sustainability reporting format, which will apply to 1000 listed companies by marker-capitalisation. Debarati Pal and Dipendu Das analyse the circular and explain the impact and history of sustainability reporting in India.
The pandemic affected how we interact with the legal process. However, it also pushed virtual courts in India and digitisation of the judicial process. From the materiality of paper files and the spatiality of legal galleries to virtual hearings, the aftermath is optimistic despite the circumstances that propelled this change. However, the virtual existence of the court has also offered several limitations, which still need to be addressed. Krati Sharma lists the advantages and limitations of virtual courts and hearings in India.
The challenge to the fundamental right to privacy presents itself as an excuse to safeguard ambiguous threats and interests. Between this or that and ‘public interest’ or ‘individual privacy, the fundamental right gets neglected. Thus, these ambiguities often favour the state and its negotiation of rights instead of individuals. Shiv Chhatrala and Saloni Pradhan write about the changing meaning and conception of the right to privacy.
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.