By Anurag Singh and Rashi Jeph For the purpose of this article, “right to work” is to be interpreted as bearing a positive obligation on the State to ensure employment for everyone. Introduction In a nation like India, unemployment is endemic, and so is the demand for the ‘fundamental right to work’ as a solution … Continue reading Should There Be a Fundamental Right to Work?
Category: Constitution
Exploring the Indirect Discrimination Dilemma Through Lt. Col. Nitisha v. Union of India
By Navya Bhayana Introduction The Supreme Court, through its recent division bench judgement in Lt. Col Nitisha v. Union of India, marked the first occasion to pronounce indirect discrimination to be violative of the Constitutional provisions of equality.[1] It was recognised that the criterion for the grant of Permanent Commission (hereinafter ‘PC’) to women army … Continue reading Exploring the Indirect Discrimination Dilemma Through Lt. Col. Nitisha v. Union of India
Constitutionality of Population Control Laws: An Economic Perspective
By Harsh Dugar and Udit Prajapat Introduction Our generation is experiencing one of the most profound population growths in the history of humankind. Many believe increasing population growth is characterised by low per capita income, low rates of savings and investments, low industrial output and so on. This thinking stems from the now-debunked theory presented … Continue reading Constitutionality of Population Control Laws: An Economic Perspective
Casteism in Prisons Of India : A “Violent” Ecosystem
- Priyam Mittal Introduction In December last year, a two-judge bench of the Rajasthan High Court (“HC”) took suo moto cognisance of the caste-based allocation of jobs in prisons after The Wire published an investigative piece on such practices throughout India’s prisons.[1] The HC directed the Additional Advocate General to undertake a complete overhaul of … Continue reading Casteism in Prisons Of India : A “Violent” Ecosystem
Judicial Stereotyping: Times When Lady Justice is Not Blindfolded
By Simran Upadhyay Introduction Recently, the in-house probe panel dismissed sexual harassment allegations instituted against the former chief justice of India, Rajan Gogoi.[1] The Supreme Court, without adequate reasoning, alluded that it did not find any substance in the matter.[2] The judiciary also seemed to have bought into the societal inclination of disbelieving the victim, … Continue reading Judicial Stereotyping: Times When Lady Justice is Not Blindfolded
Revisiting Surrogacy (Regulation) Bill, 2019 from Fuller’s Perspective
By Kirti Meena Introduction The legislation has been trying to increase individual’s access to alternative means of reproduction, when they are unable to biologically reproduce due to any reason.[1] One such development in this regard, has been the Surrogacy (Regulation) Bill, 2019 (Hereinafter referred to as “Surrogacy Bill”). Surrogacy is a means through which an … Continue reading Revisiting Surrogacy (Regulation) Bill, 2019 from Fuller’s Perspective
Need For Data Protection In Modern Sports
By Gunjan Shrivastav and Mansi Gupta Introduction The right to privacy has been declared a fundamental right in India.[1] However, this right is constantly breached[2] in our country where people are always under a threat of constant surveillance by government and private actors.[3] This threat escalates when the person concerned is a public figure or … Continue reading Need For Data Protection In Modern Sports
Sukhna Lake as a “Legal Person” : The Challenges Ahead
By Aparna Sojan Recently the Punjab & Haryana High Court, in its judgment in Court on its own Motion v. Chandigarh Administration (herein referred to as the Sukhna Lake case), declared the Sukhna Lake to be a ‘legal person’, having the “corresponding rights, duties and liabilities of a living person.”[1] This comes in the backdrop … Continue reading Sukhna Lake as a “Legal Person” : The Challenges Ahead
India’s Battle against Child Marriage – A Conflict of Laws
By Yash More and Shailendra Shukla Introduction The Supreme Court in Shafin Jahan v. Asokan K.M (hereinafter Shafin Jahan) while adjudicating upon the validity of the marriage of a 24-year-old Muslim convert girl Hadiya with Shafin Jahan, created an inadvertent legal complexity.[1] Justice Chandrachud, in his concurring opinion, while discussing the necessary conditions for a valid … Continue reading India’s Battle against Child Marriage – A Conflict of Laws
The Emerging Trend of Celebrity Gossip: The Blind Items
By Mishika Bedi Celebrity gossip first gained importance during the late 19th century and has expanded in various ways since then.[1] It is the staple of most magazines and newspapers today. A new form of celebrity gossip called Blind Items emerged somewhere around the late nineteenth or early twentieth century[2] and has gained immense … Continue reading The Emerging Trend of Celebrity Gossip: The Blind Items
The Journal of Indian Law and Society Blog 