Enforcement of Foreign Judgements in India
Indian law in consonance with Private International Law provides for the enforcement of judgements passed by courts of territories outside India through relevant provisions under
Abrogation of Article 370: Walking on Thin Ice
Article 370 is an element of identity for the Kashmiri citizens and a carrier of diverse connotations of unity and separatism from the rest of
Animal Cruelty vs Religious Sacrifice: Anatomy of the Conflict Between Legislation & Religion
By Philip Oommen Introduction On 16 June 2020, the Kerala High Court in Muraleedharan T. v. State of Kerala [1] upheld the constitutional validity of
A Right to Kill for Women: Battered Woman Syndrome and Law
By Akansha Chaudhary Introduction ‘One is not born, but becomes a woman’ [1], the phrase by Simone de Beauvoir presented the difference between sex and
Violence Against Women and Children – An Analysis of Covid-19 Pandemic
During the lockdown period of Covid–19, there was an increase in domestic violence against women and children in India. This article briefly describes the reason
Critical Analysis of the Shaheen Bagh Judgment
By Gaurika Singh Introduction In December 2019, the legislature enacted The Citizenship (Amendment) Act, 2019 [1]. Opponents of this legislation, who considered it discriminatory, filed
The Curious Case of Humanitarian Intervention of Libya
By Aisvaria Subramanian Introduction Oppenheim defines intervention as “a forcible or directorial interference by a state in the affairs of another state to impose certain
Testing the Limits: Can a Satirical Reference Amount to Criminal Contempt of Court?
The following article briefly attempts to propound whether a satirical reference made against the judiciary, under the garb of freedom of speech and expression, could
A Feminist Critique of the Human Right to Health
Instruments such as the International Covenant on Economic, Social and Cultural Rights have recognized international human rights obligations surrounding the right to health. And while
Bad Banks: A Lullaby to NPAs’ Cry for Help
The cornerstone of a long-lasting banking sector is built on well-designed recovery mechanisms. It supports the long-term viability of the borrower and lender relationships. Surprisingly,
A Critique of Child Marriage Law: A Legal Lacuna?
The National Family Health Survey-III of 2005-2006 confirmed that more than 47% women in India, aged between 20-24 1 , were married before the age
Adult Film Industry and Human Rights Violations
There have been numerous reports of human rights abuse in the adult film industry. The inappropriate and rash themes such as ‘bondage’ and ‘sex slaves’
Essential Health Commodities in Covid-19: A Competition Law Perspective
COVID-19 is a global pandemic that has wreaked havoc across everything that humans consider dear – from their lives, to their livelihoods. While there seem
Analysing Misuse & Relevance of Contempt of Court Conviction vis-à-vis Scandalizing of Court
Contempt of Court is of two types- civil and criminal. Inducted in the Indian Constitution haphazardly, like in England. It was decided to include ‘contempt
Medical Negligence During COVID 19: Did We Successfully Implement Section 304 A IPC?
Medical negligence during Covid affected people who were already grieving the lives of their loved ones. This article will relook at specific instances where medical negligence cost lives. It will explain the meaning and use of medical negligence laws in India, citing several cases that serve as decent examples to be reapplied in Covid cases. Aryaman Tripathi explains how Section 304(a) Indian Penal Code provided some respite to those subjected to medical negligence during Covid.
Why Do We Need To Reconsider the 50% Ceiling on Reservation?
After the 127th Constitutional Amendment Bill got the President’s assent, many have argued against the 50% ceiling on reservation. The same, as discussed in the piece, exposes the fallacies of the legislature and judiciary. Armaan Siddiqui asks why is there such denial for the exceeding reservations in states and UTs. Armaan also questions the Supreme Court’s resolve for being stuck on the Indra Sawhney judgment, which set the 50% ceiling on reservation.
Corporate Social Responsibility in India: A Constitutional and Theoretical Commentary
Over the past years, corporate social responsibility in India has acquired legal and social significance. Several sustainable outcomes have come from CSR activities in India and elsewhere. Despite that, many view it as an obligation and impediment. While the expectations from businesses and corporates have increased beyond profit margins, many have contested the mandatory effect of CSR on small businesses. Sneha Sengupta presents a nuanced debate on CSR from a constitutional and jurisprudential standpoint. Arguing from the utilitarian principle, Sneha offers why laws on corporate social responsibility could bear dissatisfaction among corporates but remain essential.
Cross-Border Mergers and Acquisitions: Can They Be Sustainable in the Long Term?
Cross-border mergers and acquisitions pose a unique opportunity to further globalisation and economic boom, since the same is strategic and benefits both parties involved. However, mergers and acquisitions also present specific issues, for instance, layoffs, negative climate impact, foreign laws and taxes, cultural differences, among other things. Therefore, it’s even more important to understand whether they offer a sustainable model of development. Kinkini Chaudhari explains the meaning of mergers and acquisitions globally and in India using examples. Kinkini also surveys a small sample size to understand how laypeople interpret the scope of cross-border mergers and acquisitions in India, especially after the Covid-19 pandemic.
Functioning of Juvenile Justice Systems in India, US and UK: Explained
Juvenile justice systems across the world promise more than they deliver. It is believed that juvenile justice is meant to rehabilitate children who have demonstrated forms of criminality. However, in India, juvenile homes have been called out several times for the lack of infrastructure or the quality of ‘care’ that the Act promises. While keeping in mind the fundamental issues with juvenile justice systems, Maram Deepika understands the functioning of juvenile justice systems in the US, UK and India.
Why Animal Cruelty in India Needs To Be Addressed Urgently? What Does the Law Say?
Recently, instances of animal cruelty in India witnessed a surge. The same has ushered the debate around animal rights and the extent of legal protection that the current laws provide them. The issue is that most such crimes go unreported or are met with an underwhelming legal response given that the Prevention of Cruelty to Animal Act 1960 and sections from the Indian Penal Code appear dated. S.S. Rithika writes about the prevailing scenario concerning animal cruelty and current laws, procedures and court orders that deal with animal cruelty in India. Rithika also presses for the reworking of these legislations to curb rising brutality against animals.
