The Worst Nuclear Disasters: Navigating the Cause, History and Legality (Part I)
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.
Is Freedom of Expression Under Threat Due to the Right To Be Forgotten? A Case Laws Based Explainer
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.
Right to Healthcare For Prisoners during COVID-19: Overcrowded and Suffocated
At the onset of May, the Supreme Court ordered the release of prisoners due to the second wave of COVID-19. Only last year the court had order states to establish a High Powered Committee to ensure decongestion of prisons. But with a slump in cases, many high courts across India ordered prisoners to surrender and return. Despite the surge in cases, the infirm condition of Indian prisons such as overcrowding and poor medical facilities continues to be a norm. Can the latest order by the Apex Court bring about any substantial change in prisons?
What Is Excessive Maritime Claim? Why did U.S. Navy Accuse India of It? Academike Explainer
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.
Detention Centres in India: Do We Reek of Human Rights Violation?
Three staples for constructing detention centres in India include law, state and ‘illegal migrants’. These, along with bricks, cement and mortar, build suffocated cubicles, cramped by many who fail to prove their citizenship. In trying to establish their linkages with the state and in prooving bloodlines on paper, many succumbed to legal and administrative machinery.
Deepanshi Mehrotra tells the story of violations and confinement and an increasing number of detention centres in India despite COVID-19.
Analysis: No COVID-19 Vaccine for Asylum Seekers and Refugees in India?
Asylum seekers, undocumented migrants, refugees and displaced persons. These are some categories of residents or non-citizens who are unrecognised by the state. Though visible as illegal migrants, their invisibility is jarring in terms of their inclusion in governmental schemes. Despite residing in India for years, most of them don’t have documents to establish their identity. Deepanshi Mehrotra analyses if refugees and asylum seekers will be able to access the COVID-19 vaccine.
The Myanmar Coup 2021 Explainer: History, Protests and Complexities
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.
Union of India vs K.A. Najeeb: A Trial Without a Trial
The recent pronouncement by the Supreme Court in Union of India v. K.A. Najeeb is being touted as a ray of justice for several accused arrested under the draconian Unlawful Activities (Prevention) Act (UAPA). Shivangi Banerjee analyses the judgement and highlights the implications it might have for future cases. She further elucidates the timeline of UAPA and narrates the story of its permanence.
Black History Month: Origin, History and What Can We Learn From It
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.
It’s Time to Ban Female Genital Mutilation in India: Here’s Why
By Prerna Murarka, fourth-year law student, ILS Law College, Pune.
The Right to Adequate Housing Denied: Homeless Amidst Pandemic
By Deepak Kumar, Research Scholar at Centre for the Study of Law and Governance in Jawaharlal Nehru University. Introduction The COVID-19 pandemic has affected people
The Corona Conundrum: How to Deal with China Legally
By Akash Sinha, Partner: Vera Causa Legal Introduction While we were busy celebrating the dawn of a new decade and making new year resolutions, the
Outer Space Law and the Problem of Space Debris
By Kunwar Malhotra, UILS Editor’s Note: This paper discusses the legal status of Outer Space and it also undertakes the perception of five elemental treaties pertinent with
Barcelona Traction Case (Belgium v. Spain)
Siddharth Dalabehera Introduction Proceedings in the case concerning the Barcelona Traction, Light and Power Company, Limited (Belgium v. Spain) were instituted by an Application of 19th June
Death Penalty: Its Repurcussions
By Ankita Singh, RMLNLU 1. INTRODUCTION Over time, the death penalty has been a debatable issue in the criminal justice system. There are numerous pro
A Critical Analysis of The Biotechnology Regulatory Authority of India Bill, 2013
On 23 January 2003, India ratified the Cartagena Protocol which protects biodiversity from potential risks of genetically modified organisms. Currently, the Genetic Engineering Approvals Committee, a body under the Ministry of Environment and Forests is responsible for approval of genetically engineered products in India. However, the enaction of a statute has been proposed for the regulation of modern biotechnology in the country and a Bill to this effect, called the Biotechnology Regulatory Authority of India Bill (BRAI Bill) 2013 has been tabled in Lok Sabha by the Minister for Science and Technology, Mr Jaipal Reddy. If the bill is passed, the responsibility will be taken over by the Environment Appraisal Panel, a sub-division of the BRAI. In this paper the author has presented the various dimensions and the effects of the proposed bill.
The Role of International Financial Institutions in Developing and Least Developed Countries
International financial Institutions such as the World Bank and the International Monetary Fund are facing varied economical, financial, political, social and environmental issues today. Their role with regards to the administration of global distributive justice, minimising poverty or aiding in the developmental processes is being called into question. In this paper, the author has tried to expose the internal working procedure of these institutions and the effects of their policies which have been debated vigorously as skepticism looms large in the wake of a worsening economic situation and living standards especially in the Developing and Least Developed countries.
Civil Aviation in the EU Emission Trading Scheme
By Pravir Singh Srivastava & Akanksha Sisodia, Symbiosis Law School, Noida Editor’s note: In order to reduce greenhouse gas emissions effectively, the European Union established
Media trial: freedom of speech v. fair trial
Shabnam Saidalavi, School of Legal Studies, Cochin Editor’s note: Freedom of expression is a fundamental right that goes to the very heart of individual identity
Conflict, Refugee Situation and Human Rights: A Case Study of Tamil Refugees in the Sri Lankan Conflict
By Anonymous Editor’s Note: Refugee situations and statelessness are two of the most pertinent issues today in International Law. There are millions of displaced persons
