ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

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New FRBM Framework

The structural inability to control revenue deficits needs different solutions from the usual argument that the utilisation of government expenditure is inefficient and that the government should spend less. It is time to relook at the way the union government spends.

Unthreading Partition

This article studies the impact of partition on the jute industry of Bengal. The new international border separating India and East Bengal put the jute producing areas and the jute mills in two separate countries. Though both the governments initially agreed to cooperate with each other in matters of jute cultivation and marketing, in reality jute diplomacy was complex and conflict-ridden. To become self-sufficient in the jute economy, East Bengal invested in jute mills and began to develop Chittagong port to export raw jute. India, on the other hand, encouraged jute cultivation. Both the countries set up customs and check posts at the border to curb smuggling of jute. Thus, the untangling of Bengal’s jute economy was integrally linked with nation-building initiatives. Moreover, the Indo–Pakistan jute diplomacy encouraged the worldwide shift from jute to jute substitutes in the 1950s.

Enter the NGO

Following partition, development experts associated with United States’ philanthropic organisations and new international agencies took an active role in transforming the divided Punjab. Through the 1950s, the World Bank worked to adjudicate the Indus River Basin dispute between India and Pakistan. Issues of soil fertility and the productive capacity of lands on both sides of the new border proved critical within these discussions. At the same time, the United States-based Rockefeller Foundation and Ford Foundation coordinated with the Indian state to launch projects in the agricultural sciences, population control, and community development for partition’s refugees. A dual agenda of restricting the fertility of rural populations and augmenting the fertility of agricultural lands, united these first international development initiatives following partition.

Education, Training and Refugee Rehabilitation in Post-partition West Bengal

The article studies the role of education and training in the rehabilitation of Hindu refugees in post-partition West Bengal. It shows how class, caste, and gender inflected the schemes of school education and training, the assumptions of government proposals and the belief of the bhadraloks. Schools occupied an important position in the refugee squatter colonies set up by the early migrants. On the other hand, for the subaltern refugees, depending solely on government help, schemes of agricultural and vocational training were deemed fitter, as that would help in economic rehabilitation faster. For the state, these refugees needed to contribute to the larger development projects of the period and become a labouring contributor to the society. These different experiences underline the ways through which social and cultural assumptions get reproduced even during extreme moments of crises.

The Purusharthi Refugee

The post-partition reconfiguration of the walled city of Jaipur that had originally been dominated by Hindu and Jain merchants is explored. Sindhi refugee retailers and traders were given space during the 1950s and 1970s by creating new markets. The spatial and physical mapping of competing communities, like the Sindhis, Muslims and Bania Hindus, in the walled city was also undergirded by contending claims to the city’s past defined as “heritage.” In the case of the refugees, this was articulated through the trope of purushartha.

Refugee Legal Challenges to Bombay Government’s Land Requisition Housing Scheme

Partition refugees who arrived in India challenged the laws that various provincial governments enacted to “regulate” and “rehabilitate” them. By looking at one of the earliest and key cases concerning writs that emerged out of Sindhi refugee legal challenges to the Bombay government’s land requisition scheme of 1947–48, this article suggests that partition refugees helped to shape the legal and constitutional landscape of newly independent India.

The Puttaswamy Judgment

The Supreme Court’s judgment in K Puttaswamy v Union of India (2017) presents a paradigm shift in the Court’s understanding of fundamental rights under the Constitution. While the right to privacy has been acknowledged in some form or the other since Gobind v Sta te of Madhya Pradesh (1975) , what...

Explaining Origins

The significance of Justice J Chelameswar’s concurring judgment in the Puttaswamy case is that it seeks to address the source of the Supreme Court’s power. It seeks to give a working jurisprudential model of the constitutional universe that was rendered into chaos by the manner of birth of the basic structure doctrine in the Kesavananda Bharati case. By fitting in with the concept of constitutional autochthony, “dark matter” offers an opportunity for restructuring our own understanding of the Constitution.

A Healthy Dose of Privacy

The Supreme Court’s privacy judgment has important implications for the right to health, especially the protection of health information. The standards that laws will have to meet to impose restrictions on such protection are examined. In this context, the HIV/AIDS Act, 2017, the implications of a data protection law for health, and the unconstitutionality of mandatorily requiring Aadhaar to obtain treatment for HIV/AIDS and tuberculosis are discussed.

The Right to Choice of Food

The Supreme Court’s judgment in the Puttaswamy case has been hailed for the position of law that it espouses: that the Constitution recognises a fundamental right to privacy. But, its legacy will depend on how future benches apply its findings. One of the cases where the verdict is likely to make an impact is a case concerning the validity of a Maharashtra law that virtually bans the consumption of beef in the state.

Privacy and Women’s Rights

The right to privacy, as conceptualised in K Puttaswamy v Union of India , addresses many concerns that feminists have had with this right. Applied logically and robustly, this judgment has the potential to transform the landscape of women’s entitlements under the law.

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