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

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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.

A Half-baked Attempt at Revamping Environmental Law

The Environment Laws (Amendment) Bill, 2015 is a major policy attempt to make structural changes in environmental governance. But the bill fails in bringing any change to the institutional mechanism for enforcement of the law. Moreover, the bill attempts to introduce a monetary penalty for environmental damages, which is not in consonance with the well-established polluter pays principle.

First Amendment to Constitution of India

India's Constitution has been amended over a hundred times since its inception in 1950. The landmark amendments are discussed with special emphasis on the first amendment, which altered the way the freedom of speech and expression was originally understood by the framers of the Constitution.

Vicious Cycle of Stigma

“Is a Ragpicker’s Child Likely To Be a Ragpicker?” by Venkatesh Murthy R (EPW, 27 February 2016) reminds me of children of female sex workers in red-light areas. Ragpicking, sex work, and so forth (as parental occupations) are considered a stigma by mainstream ­society. In female sex worker...

A Dalit's Caste

If the law does not just mean fixity of rules but also capacity to dispense justice, can patrilineality be a fair and sufficient ground for pronouncing judgment on a caste identity?

Anti-Terrorism Legislation

We need a wider perspective on our anti-terrorism laws which comparison with similar laws elsewhere alone can provide.

Tax Change with Retrospective Effect

The legality and propriety of the retrospective withdrawal of excise duty exemption for cigarettes and pan masala manufactured in the north-east. A critical examination.

Torture in Colonial India

The impact of colonialism also evidenced itself in the attempts to establish a codified system of criminal law that differentiated and separated itself from the 'native' law that preceded it. Despite such attempts, native practices had their own uses in enforcing discipline as seen in the incidents that unfold in the 'Nassick Torture Case' and elaborated further in this paper. The paper also probes issues related to fear and suffering while also enunciating the social scientists' dilemma of needing to represent and reproduce violence without fetishising or merely re-enacting it.

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