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Judicial paternalism and free speech in India
Get PDFIn one of my contributions to Verfassungsblog last year, I analyzed the decision of the Indian Supreme Court in Nipun Malhotra v. Sony Pictures Film India Pvt Ltd to show how, among other things, the Court tends to ‘assume the seat of a social reformer’ by adopting a ‘guidance-laden approach’ while deciding free speech cases, which results in ‘creeping paternalism’. Two decisions of the Court, issued in late February, are a testament to how this approach is deeply ingrained institutionally (or as Gautam Bhatia will call it, it is a part of the ‘constitutional commonsense’), wherein, despite being a polyvocal Court, different judges tend to approach free speech matters in the same fashion. The two cases pertain to the speech acts of two different individuals—a podcaster and a legislator of the Legislative Council of the State of Bihar—and in both cases, the Court chose to reprimand the individuals for their ‘indecent’ and ‘unparliamentary conduct’ and also sanctioned punishments upon them, without any a priori determination of whether their speech acts, in any manner, violated the limits of the right to free speech as guaranteed under the Indian Constitution. The reprimand and the sanction, I argue, emerged from the Court’s false belief that it is tasked to school the citizens on the appropriate and correct ways of using their speech rights. In the paragraphs to follow, I will briefly discuss the factual backdrop of the two cases before proceeding to the general and free speech-related implications of the Court’s approach
Which Intelligible Words? Reading Femicide Through Rancière’s Concept of ‘La Mésentente’
Get PDFWhile Jacques Rancière’s concept of the political, democracy, emancipation, equality and aesthetic have significantly (re)shaped many recent debates, his notion of dis-agreement—in its French formulation of ‘mésentente’, meaning the fact of not hearing, and/or of not understanding—has received relatively little attention. This article argues that if politics, as Rancière suggests, arise from a novel perceptual universe and if dis-agreement entails not-hearing and/or not-understanding, then “speaking politics”—the very act of breaking away from the dominant configuration of the police order—might be perceived as a noisy sound rather than as coherent and intelligible words. Drawing on Rancière’s concept of mésentente, this article examines the noisy, and largely unintelligible, protests sparked by the violent femicide of Giulia Cecchettin which occurred in Italy in 2023. Ultimately, it raises the following questions: which words are intelligible? Does intelligibility depend on the voice of the speaking subjects? Or does it hinge on the (un)familiarity of the vision they project? How can acts of politics be recognized if the words used are unintelligible
Opinion | Dangerous precedent? The US-Ukraine resource deal and its legal implications
Get PDFThe United States and Ukraine have recently reached a framework agreement to jointly develop Ukraine’s natural resources, including rare earth minerals, oil, and gas. While this deal aims to strengthen Ukraine’s economic stability and infrastructure, it notably lacks US security guarantees—something Kyiv had sought to deter further Russian aggression. Instead, the US appears to view access to Ukraine’s rare earth minerals as a form of indirect compensation for the substantial military and economic aid it has provided
Appraising the progress of Asian nations towards achieving sustainable development goals
Get PDFThis study thoroughly evaluates Asia's progression towards accomplishing the United Nations’ Sustainable Development Goals (SDGs) between 2015 and 2023, employing a comprehensive framework to assess advancements and challenges. The study specifically answers the following important questions: (i) What is the current state of SDG progress across Asian countries, and how do regional trends vary? (ii) To what extent do Asian nations and regions exhibit convergence in SDG progress? And, (iii) Which specific SDGs and targets require targeted attention and intervention? The findings reveal a complex landscape, characterised by steady improvement across all SDGs, with significant progress observed in SDG 9 (Industry, Innovation, and Infrastructure), SDG 10 (Reduced Inequalities), and SDG 17 (Partnerships for the Goals). Nevertheless, regional disparities are evident, with Eastern Asia demonstrating exceptional performance in eight SDGs, primarily developmental indicators, whereas South Asia and Central Asia exhibit leadership in environmental and equality-related goals, respectively. Furthermore, Europe surpasses Asian regions in most SDGs, Asian regions have made notable strides, exhibiting greater compound progress towards achieving the SDG objectives. Finally, convergence analysis reveals the catching-up phenomenon among initially poor-performing nations, emphasising the requisite cross-cutting measures to combat regional distinctiveness and ensure effective SDG implementation through nationwide initiatives, ultimately informing evidence-based policymaking
Sustainable project management and organizational resilience
No full textIn today's dynamic business landscape, organizations must navigate challenges to achieve sustainable growth and resilience. This chapter explores the synergy between sustainable project management practices and organizational resilience, showcasing strategies that drive successful outcomes and long-term adaptability. By engaging stakeholders, fostering clear communication, and managing risks effectively, organizations can develop resilience to disruptions and uncertainties. Leadership and teamwork are highlighted as pivotal in building a culture rooted in sustainability and resilience, emphasizing collaboration and transparency to align organizational objectives with sustainable practices. Offering practical insights, the chapter equips project managers and leaders with strategies to integrate sustainability into their processes, reinforcing adaptability and innovation. Ultimately, it underscores that merging sustainable project management with resilience is essential for addressing the complexities of modern business, ensuring both immediate success and enduring growth
The Rise and Fall, and Rise of the Taliban
No full textThe humiliating and chaotic US withdrawal from Afghanistan on August 30, 2021, preceded by a swift collapse of the Western-backed government in Kabul two weeks prior, brought the curtains down on the two-decade-long US-led military intervention. Startlingly the Taliban swiftly eclipsed Afghanistan’s political and military landscape, triumphantly proclaiming an end to war. The rise, fall, and the rise of the Taliban over the last two decades have been closely intertwined with the changing regional dynamics. This chapter etches out what underpins the changing political alignments and re-alignments in the region particularly in light of Beijing, Moscow, and Tehran finding a congruence of interests with the Taliban and Rawalpindi. It will be argued that growing friction with Washington coupled with the rise of Daesh projected as the seminal security and ideological challenge led these actors to embrace and repackage the Taliban as grassroots liberators who ended the foreign occupation. The Taliban too embraced these actors in a bid to accumulate diplomatic and political leverage and shore up prospects for garnering legitimacy. Noteworthy in this context are the contradictions that underpin this mutual embrace given how uneasily the Taliban’s worldview sits with the domestic politics of these players
Sustainability in MFI and agricultural risk: A bibliometric analysis of SAARC research
No full textBibliometric studies are recognized as a rigorous and effective method for the assessment of large quantities of scientific information. This paper's objective is to outline the intellectual structure of risk management research in Microfinance and Financial Inclusion (MFI) and agricultural risk across the SAARC countries. The research investigates the changing patterns of teamwork among scholars from various areas of study. It identifies different groups of countries and organizations within the SAARC region. A bibliometric framework was developed to look at 1,737 articles published from 2004 to 2023. The study was employed using the bibliometrix R tool, which helped in collecting and the merging data from both databases (Web of Science and Scopus). The results explore the significant impact of MFI and its importance in lowering agricultural risks in South Asia. This research offers insights into developing trends and proposes future research directions to enhance risk management strategies across various sectors. This analysis is among the first to scrutinize the scientific pathways of risk management issues via computational methods. It enhances the understanding of the existing research on MFI and agricultural risk within the SAARC region, thereby aiding practitioners, scholars, and policymakers in developing more robust strategies for sustainable development
Digital Economy Partnership Agreement and the quest for the global digital trade rule-making: Indian perspective
No full textThe Digital Economy Partnership Agreement (DEPA) has garnered significant traction in the international trade law and policy discourse. It is the first of its kind – a monothematic trade agreement that focuses exclusively on addressing issues that affect trade in the global digital economy. This study examines the influence of preferential trade agreements (PTAs) on different modules of the DEPA and their provisions. It analyses India’s position on the DEPA and its provisions to understand its policy stance to join the DEPA. The findings show that digital trade chapters of PTAs have a significant influence on the modules of DEPA but vary in several aspects. It further underscores based on interviews with policymakers, policy experts, think tanks, and industry associations that India is unlikely to join the DEPA given its evolving digital regulatory framework, fragmented perspectives, and cautious approach to digital trade negotiations in free trade agreements
The state of postpartum contraceptive use in India: Descriptive lessons from nationally representative survey data
Get PDFBackground
Postpartum contraception is a key tool to delay or prevent subsequent pregnancy after birth. Though prior research has demonstrated substantial dynamism in contraceptive use throughout the postpartum period, most measurement of postpartum contraception has focused on aggregate use of any method at a single time point. We sought to more thoroughly examine the continuum of postpartum contraceptive use amongst women in India.
Methods
We use 2019–21 National Family and Health Survey reproductive calendar data from n = 149,518 women with a birth in the one to five years prior to survey. We present estimates of postpartum contraceptive use by month postpartum, use of specific methods, initiation, duration, stopping, method switching, and subsequent pregnancy. We examine sociodemographic and birth factors associated with postpartum contraceptive use using multivariate logistic regression models. We also examine patterns of postpartum utilization for subpopulations of interest (adolescent mothers age 15–19 and first time mothers) and test whether conclusions are sensitive to a two-year rather than one-year postpartum time period definition.
Results
We find that 59% of Indian women used a method of contraception within the first year postpartum, that condoms and female sterilization were the most commonly used methods, and that patterns of postpartum contraceptive use differed substantially by month, method, and subpopulation. Among postpartum contraceptive users, 9% switched methods, 19% stopped using contraception entirely, and 5% had another pregnancy within the first year postpartum. A number of sociodemographic and birth factors are associated with postpartum contraceptive utilization, and patterns of use differ meaningfully for adolescent and first-time mothers. Most findings were consistent when using a two-year rather than one-year time frame.
Conclusions
The dynamic nature of postpartum contraceptive use suggests limited value of static contraceptive uptake targets, whether for program planning or as measures of success, and bolsters the need to center and to improve reproductive agency, empowerment, and access throughout the postpartum period
Padmaavat and Manikarnika: Patriotic femininities in mythohistorical hindi cinema
No full textIn contemporary India, a new authoritative discursive order has rapidly emerged across popular culture and the public sphere which infuses Hindu mythology with cultural nationalism to offer an “authentic” history of the nation. To understand this phenomenon, this article proposes the conceptual framework of the “mythohistorical”. Specifically, it focuses on mythohistorical films that together create a common visual network of assumptions within which the nation is depicted as an organic and ahistorical entity sanctified by Hindu religious symbolism, within a cyclical temporal order of recurring racial–religious–cultural warfare between the Hindu “self” and the Muslim/Christian invading “other”. Central to this imagination is the demarcation of the symbolic borders of the nation through the body of the Kshatriya (warrior-caste) woman, especially in her capacity as the Sati and Virangana archetypes of the Hindu widow. Through a critical analysis of the Hindi films Padmaavat (2018) and Manikarnika (2019)—adaptations of two historical-legendary Hindu queens—this article demonstrates how the female protagonists of mythohistorical cinema come to symbolise the nation’s inviolable spiritual essence by upholding a specifically feminine code of patriotic devotion drawing upon female self-immolation—a topic of much contentious debate between colonisers and nationalists in nineteenth-century India. Finally, it argues that the revitalisation of these narratives and their presentation as female self-empowerment in globalised India suggests a new twenty-first-century “nationalist resolution of the women’s question” (Partha Chatterjee)