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

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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.

Reviewing the Labour Code on Industrial Relations Bill, 2015

The National Democratic Alliance government released an early draft of a bill attempting to codify the statutes dealing with industrial relations, that is, the Trade Unions Act, 1926, Industrial Disputes Act, 1947, and Industrial Employment (Standing Orders)Act, 1946. The Labour Code on Industrial Relations Bill, 2015, is one of the three labour codes the government is working on to consolidate all the important labour legislation. It is important to analyse the text of the 2015 bill when the ruling party’s own affiliate, Bharatiya Mazdoor Sangh, protests against the proposed bill.

Aziz Ansari, Mohammad Farooqui and the Dangerous Myth of a ‘Right' Way To Resist

Despite new robust legislation in place to protect women's rights, courts of law, in rape trials, still tend to lay emphasis on what the man presumed rather than what the woman communicated, and are over-willing to accept the man’s presumptions, however unreasonable they may be.

Right to Safe Abortion

The case of the 10-year-old victim of rape who is pregnant and awaiting delivery after being denied permission to abort by the courts is an urgent indication that all stakeholders must come together and find a solution for unwanted pregnancies of more than 20 weeks.

Mental Health Legislation

The Mental Health Care Bill, passed in the Rajya Sabha in August 2016, and up for discussion in the Lok Sabha, attempts to address complex issues and integrate divergent perspectives, resulting in uneasy compromise. It is still a work in progress.

Taking Free Speech Seriously

Offend, Shock, or Disturb: Free Speech under the Indian Constitution by Gautam Bhatia, Oxford University Press, 2016; pp 392, `653 (hardcover).

Sustainable Development as Environmental Justice

The principle of sustainable development has evolved to occupy centrality in environmental jurisprudence in India. The Supreme Court has reiterated its importance in the country's environmental legal regime. However, the jurisprudence has been criticised for framing it as a zero sum game where economic development has been repeatedly used as a justification to trump environmental violations, and therefore, rendering it as only declaratory and lacking in content and sufficient teeth to shape public action. But this has compelled policy and statutory recognition of the principle of sustainable development. The National Green Tribunal Act of 2010 recognises it too. This statutory recognition has paved the way for a robust jurisprudence spearheaded by the NGT that has actively sought to evolve a standard of review for public actions in effectuating the principle of sustainable development and in doing so has departed from the reductionist utilitarianism that had characterised the jurisprudence of Supreme Court.

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