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

LawSubscribe to Law

Sedition and the Misuse of Laws

The true state of fundamental rights in India cannot be determined by reading the judgments of the Supreme Court or the high courts that, though called “constitutional courts,” are not the “only” “constitutional courts” in India. The magistrates and civil judges, despite called the “subordinate courts,” are just as important but receive much less attention in conversations about fundamental rights.

COVID-19 to Lockdown (Mis)-management

The COVID-19 pandemic has turned out to be the biggest humanitarian disaster of the century. This crisis has been effectuated due to the authoritativeness of the state that has used its powers under the Disaster Management Act, 2005 and the hitherto Epidemic Disease Act, 1897 without paying heed to the decentralisation of powers, devolution of duties, and building community resilience.

Empowering Women or Curbing Rights?

Increasing the minimum marriage age is not just tokenistic, but harmful.

The Plight of Street Vendors in India

Street vendors constitute the most significant and deprived segment of the country’s unorganised sector. Among vendors, the condition of Dalit, women, and child vendors is the most horrific, depressed, and necessitous. Other than being a source of self-employment for the poor, vending is vital to provide convenient, affordable services to the urban populace. It is ironic that the current laws, schemes, and policies are awfully unsympathetic, hostile, and unreceptive towards the ordeals of this section of the urban population. This paper attempts to explore and expose the vulnerability, fragility, and marginalisation of this section under faulty urban governance and development practices by tracking their lives, pains, and plight as vendors.

Nine Years of Turmoil in Taxation

In 2012, the finance ministry of the Government of India amended the Income Tax Act to tax capital gains from indirect corporate transactions. This law was applied retrospectively, permitting the finance ministry to tax companies for similar transactions in the previous half a century and creating consternation among foreign investors. The ministry decided to dispense with this in August 2021. Despite the altered legal position that this law will apply prospectively instead of retrospectively, the woes of the ministry are not over.

Cultural Commons A Philosophical Analysis—Part II

This article explores the ways in which a background of non-discursive practices that are properly describable as a “cultural commons” underlie the very possibility of law and norm in the governance of a social group. This efficacy of these practices provides conceptual sources for a recovery of other forms of the common, such as the land or the environmental commons. The idea of a cultural commons is a distinctive ideal that stands apart from other political and moral ideals, such as liberty, equality, and fraternity. It stands apart from ideals of trust and cooperation. The article specifies how it is related to these, and to other fundamental institutions of modernity, such as capital and the state. As such, it cannot be inserted into constitutions, or directly be the goal of politics. It is a non-optional and non-cancellable ideal, that might be identified with what Marx called “unalienated” life.

Politics of Law against Inter-religious Marriages

Legal intervention in a democratic society should promote freedom of choosing a life partner.

Plight of Legal Aid Counsels at the District Courts of India

Despite free services offered by Legal Aid Counsels, beneficiaries choose to avail paid services offered by private practitioners. Why is this so? The article investigates the efficiency of LACs in India, and brings in grassroots narratives of the conditions under which a counsel provides their legal services to a legal aid beneficiary in the subordinate courts of India.

What Is Missing In the #MeToo Movement?

How can we talk about sexual harassment in the context of a sex-negative atmosphere where conversations around sex and sexuality are considered taboo? Who and what is excluded from the available redressal mechanisms for sexual harassment as well as from the larger movement? Through these questions, this article examines the #MeToo movement and the limitations of the criminal justice system and due process.

Enhancing Affordable Pharmaceutical Healthcare

The Indian intellectual property regime has often met with severe criticism from the United States as India strives to balance the need to provide affordable healthcare with a thriving market for a competitive pharmaceutical industry. In this context, the nexus between compulsory licensing, competition law and patent law merits a closer examination and it is debatable whether a strong competition law framework is indeed the way forward.

Pages

Back to Top