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.
While Islam is viciously portrayed as perpetrating violence, how much of the misinterpretation of Islamic text add to its misrepresentation? Should we blame the religion for extremist tendencies that certain terror organisations exhibit? Or blame the interpreters of the Islamic text who presents a distorted meaning? While critiquing misrepresentation of Muslims and Islamophobia in the west, Sabahat Wali Khan asks whether there’s a need for introspection within the community.
In recent years, the right to protest in India has become a courageous exercise of upholding democracy and constitutional ideals. To protest then is not simply exercising one’s right. It is also an act of defiance, and a means to uphold other fundamental rights. Dhruv Vatsyayan and Arpit Saxena ask if the peaceful right to protest is indelible to other fundamental rights, then why does it face excessive executive action. Dhruv and Arpit also trace the history of the right to protest in India in colonial and post-colonial times.
Section 295A, a variant of blasphemy law in India, has been subjected to criticism for its vague definition. Moreover, its use in recent years has been more political than religious, often curbing freedom for artists and content creators. Now this abuse and its colonial shadow have extended to digital space. Sahil Panchal argues against Section 295A, reasoning how it’s a version of Blasphemy law in India. He also argues that the Section limits artistic freedom and is often dictated by political impulses.
As bodies piled one over the other, waiting to get cremated, the dignity of the dead got buried by systemic failure and lack of legislation in India. While those who suffered losses, including the caretakers, are trying to locate government accountability, several states are still fudging data. Hence, it’s essential to revisit and remind ourselves of the government failure amid rising cases, all of which has been conveniently brushed aside. During the second wave, death by the pandemic became banal, and Diksha Garg is writing to ask why was it so? She also asks how will the dead be assured dignity posthumously.
Farm laws 2020 created quite a stir over the last year. Farmers from across Punjab and Haryana hurdled at Delhi NCT borders, and others rallied in their states, lending support to those sitting at the Tikri Border. But, while the protests silently loomed over the ends of Delhi, unweathered despite the pandemic, the farm laws and their issues are still unaddressed. Amidst the relative silence from both ends, government and farmers, this article tries to reignite the discussion on what went wrong. Abhinash Ray writes on the Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act to detail its provisions, critiquing it and providing solutions for its implementation.
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).