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.
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).
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’.
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 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.
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.
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.
In the past two months, the electoral violence in West Bengal stepped beyond its usual timeline. The expanse of such violence is considered commonplace in West Bengal. The history of violence in West Bengal had far-reaching implications on the politics of the State. Once justified in the name of revolution and upheaval, the violence has acquired a looming permanence in the State. Jaibatruka Mohanta presents a nuanced reading of the incidents of violence that followed election results in West Bengal, meeting it halfway with an analysis of the historical events that lead to the present scenario.
Custodial deaths in India saw a surge in 2020, even when most of India was under a lockdown. These deaths cannot be seen linearly without drawing back to the sites of injustice. The increase shows that an inquiry is needed to understand how the protector of the state trespasses the bounds of the law, destroying the last bit of human rights. Such overstepping is often celebrated in commercial movies, and therefore often abuse of power becomes an acceptable norm in reality. Lavanya Gupta and Teesha write about the state of custodial deaths in India. Speaking from the two cases that got some media coverage owing to their brutality, they explain how impunity works for the police in India. And how legal documents like FIR, case files, chargesheet and memos expose the state’s criminalisation.
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.
Since its inclusion, first, under rule 49-o of Conduct of Elections Rules 1961, and again as a symbolic implementation in 2013, NOTA was idealised as a powerful tool to exercise the right to reject. Overestimating its potential, the Supreme Court in its NOTA judgment became too short-sighted. While the top Court included NOTA as a working option, it simultaneously made NOTA vote incompetent. Disha Pathak details the inefficacy of NOTA and its limited potential to bring any real transformation.
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.
Ambedkar invoked the phrase ‘constitutional morality’ during the Constitutional Assembly Debates to express his doubts regarding the legislature. His concerns were hinged upon a moment of transition, wherein India was still recuperating from partition and the colonial ideas of subordination. Years after his invocation, the Supreme Court in 2014 once again mentioned the principle of constitutional morality. Since then, the principle has only developed as the innate voice of the constitution, one that is different from popular or social morality. Nishant Mishra details the history and significance of constitutional morality, highlighting some concerns regarding the irregularity in its implementation.
The increased incidents of violence against healthcare professionals pose extreme consequences upon the overall healthcare system. Though violence against doctors and medical staff is not exclusive to the COVID-19 pandemic, it has only garnered media now. The government, for the longest time, didn’t promulgate focus laws to deal with such violence. But the Epidemic Diseases Act amended last year provides for some respite, although it is draconian in its own way. Gunjan Bahety analyses existing judicial pronouncements and legislation, suggesting adequate changes. She also presses for a balanced law that protects healthcare professionals without impinging on other’s right to legal recourse.