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.
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.
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 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.
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.
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.
The ambiguities regarding joint authorship in India are subject to definition and judicial reasoning that has defined its contours within copyright laws. Multiple creators or contributors present the conundrum of joint authorship, which further offers an erratic jurisprudence on joint authorship in India. Krupa Thakkar recounts the several case laws that have predominated the discourse on joint authorship in India. Krupa also sheds light on how they have defined the concept and how it is still being formulated.
The rise of OTT platforms has created a need to reinvent performers’ rights in India. At the same time, they also chipped away the effectiveness of the existing law. Tanveer Malnas points to the requirement for extensive performers’ rights as OTT streaming platforms take over. Tanveer also explains the concept of performers’ rights in India and elsewhere while emphasising their inefficiency.
Mahatma Gandhi’s pacifism often shed a veil over his regressive opinions on caste and gender. Thus, while, on one glance, Gandhi seems to acquire a non-conflicted figure, upholding compassion and peace, several of his social and political views are shrugged under the rugs of history. Following several of his own writings, which dispute his benevolence, Aseshita and Sonali ask what was so ‘priestly’ about Gandhi? Why do we need to remember even his flawed ideologies before claiming him as a nationalistic symbol every year on his birth anniversary?
In March, Parliament passed the Arbitration and Conciliation Amendment Act 2021. The Act is the third amendment in six years to the Arbitration and Conciliation Act 1996 (principal Act). This indicates that both the judiciary and government favour promoting Alternative Dispute Resolution as a consistent practice. However, the amendments also present certain shortcomings. For example, many have argued that it could interfere with arbitral awards due to the law’s vague definitions. Arindam Shit writes how the 2021 Amendment Act takes one step forward to two steps back due to its vagueness.
In September, the Medical Termination of Pregnancy (Amendment) Act 2021 came to force, addressing the limitations of abortion laws in India. The case, Meera Santosh Pal vs Union of India, further exposes the issues with the Medical Termination of Pregnancy Act 1971 and explains why there was a desperate need for an amendment. Harsha Singh writes a case analysis for Meera Santosh Pal vs Union of India. Harsha also highlights other such cases that visibilised the issues with the 1971 Act.
In July, the Delhi High Court laid down guidelines, emphasising the need to protect and feed stray dogs. The High Court also pressed for care and caution towards stray dogs, restoring their right to food. However, this judgment comes amidst many incidents of atrocities against stray dogs, which continue to persist. Ananya Y locates the responsibility of Resident Welfare Associations (or RWAs) responsible for gatekeeping societies. Ananya understands how RWAs could deter instances of violence and protect stray dogs.
Soon after its promulgation, the FCRA 2020 Amendment received massive criticism. Several aspects of the Act are currently challenged ahead of the Indian Court. For instance, recently three joint petitioners challenged the ‘severely restricted use of foreign funds’ and the mandatory condition of receiving funds in the New Delhi Branch of the State Bank of India. In the light of increasing government control and politically charged policies, the FCRA 2020 Amendment seems to indicate the state’s intentions. Aeshita Singh explains FCRA 2020 Amendment, tracing FCRA’s history and how it impacted the NGO-state relations over the years.
Many have argued against a slew of anti-conversion laws passed in several Indian states. These laws pose a fundamental challenge to individual autonomy and freedom and doubts women agency to exercise their will. Further, they are deemed problematic as they are born out of a political narrative that preceded them. In this context, Anshula Sinha understands the Madhya Pradesh anti-conversion law, which resurrected as a harsher version of the earlier implemented anti-conversion law in the state.
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.