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‘Right to be Forgotten’ in Indian Law

courts have yet not recognised the “right to be forgotten” under Indian law. However, there are good reasons to have one’s name dissociated from public records in the interests of privacy and similar concerns, as has been done in the context of victims of sexual assault. It is not an overarching right that should necessarily be available to all irrespective of context. In the absence of any privacy legislation, it is more likely to be a judicially developed remedy in specifi c cases.

Robbing Rohith of His Dalitness

The basic question that the Rohith Vemula case raises is about the existence of the rule of law in India. If his mother Radhika Vemula was rich, there would have been no issue about Rohith’s caste and all people named in the FIR for abetting his suicide would have been in jail. But her fault is that she lived off the pittance that Rohith sent her from his paltry fellowship!

Corrosive Impact of Army’s Commitment in Kashmir

The army has had an extended deployment in Kashmir. While it has enabled operational experience for its members, there is a danger that the advantages of this can make the army acquire a stake in the disturbed conditions. This makes the army part of the problem in Kashmir. Its deployment is not without a price in regard to the internal good health of the army. 

Big Data, Bigger Lies

The claim that the government will use big data analytics to trace those who illegitimately deposited old currency notes, is just another instance of using lies to score political points. Notwithstanding this hollow posturing, the way this government is talking about the power of big data and its uses, only confirms the worst fears of the misuse of Aadhaar and other public data entrusted to the state.

India’s Opposition to China–Pakistan Economic Corridor Is Flawed

China is opening up its land borders in Xinjiang to interact more freely with Central Asia and Europe. China and Pakistan are jointly building the China–Pakistan Economic Corridor, which passes through Pakistan-occupied Kashmir. India views this as a violation of its sovereignty. Geopolitics rather than geoeconomics predominates India’s thinking on possibilities offered by the revival of the old Silk Road by the Chinese.

Surrogacy and the Laws on Maternity Benefits

Five high courts across India have uniformly held that women employees who have children through surrogacy would be entitled to maternity benefits in accordance with the rules. How they have arrived at this conclusion is quite different in each case, and each judgment presents different approaches to address this legal question. Beyond the legal question, the approaches must also be closely examined for class biases and paternalistic assumptions about motherhood.

India’s Marie Antoinette Moment

Narendra Modi’s promotion of a “cashless society” shows the government’s disconnect from ground realities, and harks back to Marie Antoinette’s famous “let them eat cake” response to learning that peasants had no bread to eat. Clearly, a cashless or less-cash economy will not be achievable in the near future, and may also not be desirable.

Debating Contempt of Court

By issuing a contempt notice to Justice Markandey Katju for his over-the-top criticism of its judgment, in the manner that it did, the Supreme Court has only diminished its institutional dignity. While Katju’s behaviour post retirement is not in keeping with the nature of the office he held, the contempt jurisdiction was not meant to be used like this.

Strange and Worrying International Market Liquidity

There seems to be a rise in illusory liquidity in international markets, which appears to be plentiful in quiet times, but vanishes at other times. “Flash crashes” are more frequent. Reforms that have made banks safer have contributed to this, leading to a withdrawal of short-term market participants, and causing long-term investors to act short term. There seems to be a trade-off between day-to-day liquidity and what I call “systemic liquidity.”

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