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LEGISLATING FOR DOMESTIC ‘CARE’ WORKERS IN INDIA – AN ALTERNATIVE UNDERSTANDING

Neo-liberal agendas that dictate policy and lawmakers are fundamentally at odds with exploitative market forms that reinforce gender, class and caste hierarchies. Activities that are not purely econom....

Author: Mihika Poddar and Alex Koshy   Year: 2019 /Vol: Volume 12-1 |  Subject: Civil |  (Academic Journals)

TIME TO RETHINK CRIMINALISATION OF ABORTION? TOWARDS A GENDER JUSTICE APPROACH

Safe abortion ought to be considered a non-criminal issue, accessible to everyone and decided upon by the person who is pregnant. The current legal framework jeopardises the complete wellbeing of wome....

Author: Dipika Jain   Year: 2019 /Vol: Volume 12-1 |  Subject: Criminal |  (Academic Journals)

CHILDREN NO MORE? A FEMINIST CRITIQUE OF THE JUVENILE JUSTICE TRANSFER SYSTEM IN INDIA

The ‘transfer system’ envisioned under the provisions of the Juvenile Justice Act, 2015 is purportedly meant to address the commission of heinous offences, particularly sexual assault by adolescent bo....

Author: Megha Mehta   Year: 2019 /Vol: Volume 12-1 |  Subject: Criminal |  (Academic Journals)

BEYOND THE PRISON BARS: CONTEMPLATING COMMUNITY SENTENCING IN INDIA

The deplorable state of the criminal justice administration system in India has been highlighted time and again with several possible measures being suggested to remedy the same. However, even within ....

Author: Mitali Agarwal   Year: 2019 /Vol: Volume 12-1 |  Subject: Criminal |  (Academic Journals)

DETERMINATION OF ENVIRONMENTAL COMPENSATION: THE ART OF LIVING CASE

In nearly a decade of its existence, the National Green Tribunal (‘NGT’ or ‘Tribunal’) has positively changed environmental adjudication in India. The push for its creation came from the judiciary rat....

Author: Raghuveer Nath and Dr. Armin Rosencranz   Year: 2019 /Vol: Volume 12-1 |  Subject: Environment |  (Academic Journals)

CONSTITUTIONALISM IN THE INDIAN COMPARATIVE PERSPECTIVE

I am grateful to the Vice Chancellor of the West Bengal National Law University of Juridical Sciences for conferring upon me the honour of delivering its annual lecture in the memory of Late Dr. Durga....

Author: Mahendra Pal Singh   Year: 2018 /Vol: Volume 11-4 |  Subject: Constitution |  (Academic Journals)

THE LEGISLATIVE VACUUM ON THE HONORARY POSITION OF A CHAIRMAN EMERITUS: ASSESSING THE NEED TO INTRODUCE STATUTORY REGULATIONS

In India, where its companies, including the listed ones, face a ‘Type 2’ agency problem of corporate governance, the honorary position of a Chairman Emeritus created by a company has far greater pote....

Author: Priya Garg and Vishal Hablani   Year: 2018 /Vol: 11-4 |  Subject: Civil |  (Academic Journals)

Privacy And Citizenship In India: Exploring Constitutional Morality And Data Privacy

This paper maps the current landscape of the nature and scale of the use of digital media in India through relationship typologies between citizens, intermediaries and the State. These typologies help....

Author: Nupur Chowdhury   Year: 2018 /Vol: Volume 11 |  Subject: Civil |  (Academic Journals)

SECOND BITE AT THE ARBITRATION APPLE: ANALYSING THE APPLICABILITY AND THE UTILITY OF THE INTERNAL APPEAL MECHANISMS IN COMMERCIAL ARBITRATIONS IN INDIA

Legal jurisdictions across the world promote the finality of arbitral awards by prohibiting any kind of substantive review of awards. Barring exceptional and enumerated circumstances, parties in arbit....

Author: Aashesh Singh and Swarna Sengupta   Year: 2018 /Vol: 11-4 |  Subject: Arbitration |  (Academic Journals)

Invalidating Instant Triple Talaq: Is The Top-down Approach Of Reforming Personal Laws Prudent?

In Shayara Bano v. Union of India, the Indian Supreme Court pronounced a split, though bold and progressive verdict setting aside the practice of instant triple talaq or talaq-e-biddat. Against the ba....

Author: Niraj Kumar And Akhilendra Pratap Singh   Year: 2018 /Vol: Volume 11 |  Subject: Family Law |  (Academic Journals)
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