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.
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?
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.
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’.
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 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.
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.
From 2001 to Pride month 2021, it’s only unfortunate that we bring you an article on ‘conversion therapy’, a brutal practice that continues to be in force in the country and worldwide. Deepanshi Mehrotra uncovers the history of conversion therapy and its abuses on LGBTQIA+ persons. Needless to say, the only thing abnormal about homosexuality is its unacceptance in Indian society.
Recently, the Supreme Court struck down the claim to Maratha reservation, citing that the reservation ceiling in a state cannot exceed 50 per cent. The Apex Court stated that neither there were extraordinary circumstances to grant Maratha reservation nor the states had the power to decide Socially and Educationally Backward Classes. Aeshita Singh explains the nitty-gritty of the Maratha reservation judgment, citing its faultlines and implications.
The right to be forgotten is often assumed to infringe upon the freedom of expression. As far as its interpretation goes, the courts have been subjective and often inconsistent in their decision making. The Google Spain case (2014) is touted as one reason why the tiff between the two rights intensified. Chandreyee Maitra analyses the Google Spain case, explaining why it created tension between freedom of expression and the right to be forgotten in the first place. Maitra shows how the Google Spain case affected European jurisprudence vis-a-vis the right to be forgotten.
Earlier in April this year, the U.S. Navy Seventh Fleet passaged Indian waters, accusing India of ‘excessive maritime claims’. Despite the presence of UNCLOS, the United States tends to present itself as the high cop. Ankita Ravikumar dives deep into the conflict, the role of UNCLOS and the reasons for repeated interventions by the U.S.
It’s only ironic that the Bhartiya Janata Party (BJP) had first sought increased autonomy and Statehood for Delhi in the year 1980, 1998 and 2003. In an unforeseen U-turn, with BJP at the Centre, Delhi’s autonomy is further discarded. Gunjan details the new Amendment passed by the Lok sabha as the NCT of Delhi (Amendment) Act 2021 and its repercussions.
The last time a military coup happened in Myanmar it lasted over fifty years under three different military heads until the military junta eventually dissolved in the year 2011. A decade after, the coup has once again tossed the country back into a long spell of uncertainty and instability. Himani Baid spells out the important details about the Myanmar Coup 2021, reflecting on its historical context.
While there is no straight line that connects the Indian caste system with the racial segregation in the U.S., both these system are telling of histories of struggle and violence. Gunjan Bahety explains what’s Black History Month and how it came about. And even though it is a foreign concept, how certain aspects of Black History Month can be imbibed by India to recognise Dalit history and narratives.