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Adjudicating Atrocity: Reading Hitesh Verma v State of Uttarakhand as a Landmark Case in the Judicial Discourse on Caste Violence
No full textThis article critically examines the Supreme Court’s judgment in Hitesh Verma v State of Uttarakhand (2020) and argues for reading it as a “landmark trial” in the judicial undoing of reform—namely, the statutory changes introduced by the 2016 Amendment to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989. Existing socio-legal scholarship on atrocity jurisprudence has shown that the judicial understanding of caste violence and doctrinally instituted evidentiary standards have historically operated to invisibilise caste from crime’s framework. As a result, most instances of caste-based discrimination and violence have not been named as offences of “atrocity” under the Act, and instead, have been tried as “general crimes” under the Indian Penal Code 1860. While the 2016 Amendment sought to address certain institutional and interpretive issues that undermined the Act’s effective implementation, in this article, I argue that the Verma judgment reinscribes earlier standards of atrocity jurisprudence. I identify certain semantic and procedural manoeuvres employed in the judgement through which this is achieved, including repetition, contravention, misquotation, silencing, and synchronic reasoning. Examining the court’s reasoning around questions of intent, “public view,” property disputes, and cross litigation, I show how these manoeuvres not only effect a reversal of reform, but also inaugurate newer grounds for effacing caste power, thereby disarticulating atrocity to a civil dispute between private individuals. Doing so, I further argue that the Verma decision’s precedential power of injustice is realised in subsequent appellate decisions where everyday instances of caste discrimination are not recognised as offences triable under the Act
Tabletop Airport Administration: A Case Study of the Mangalore Airport
No full textThe chapter focuses on Mangalore Airport, a tabletop airport in India\u27s coastal region. The unfortunate 2010 accident at Mangalore Airport brought the unique challenges of tabletop airports to the forefront of academic and policy discussions. The chapter focuses on the observations and recommendations made by the Accident Investigation Committee in its report on the Mangalore and Kozhikode airports.It also discusses the city-side and airside challenges of tabletop airports, as well as the regulatory response. The audit reports, their non-compliance, and the recommendations in the accident investigation report have been discussed. The chapter also focuses on the management response after the implementation of the Public-Private Partnership.The book titled Airport Governance in Asia , edited by Prof.(Dr.) Sandeepa Bhat B, focuses on both the legal and managerial aspects. It has chapters focusing on the aerodrome governance of 11 Asian countries. The book has anchored the discussions from both international and domestic perspectives
\u27Indian Position on Undervalued Transactions: Analysing the ‘Material Facts’ Required to be Pleaded and Proved
No full text(Un)Common Laws: How the Legal System Understands Encroachment on Common Lands
No full textThis is a review of the report (Un)Common Laws: How the Legal System Understands Encroachment on Common Lands, which was authored by Anmol Joshi, Mukta Joshi, Prabhleen Gurunay, Bhanu Pratap, and Maheshwari Mawase. The review has been written by Lianne D\u27Souza
Accountability and Enforcement Aspects of the EU General Data Protection Regulation – Methodology for the Creation of an Effective Compliance Framework and a Review of Recent Case Law
No full textThe General Data Protection Regulation (GDPR), which has been applicable within the EU/EEA since 18 May 2018, has brought about reinforced rules on personal data protection which have dramatically shifted the paradigm for all organisations bound by them. This includes not just those which actively handle personal data as a core part of their business model, but also those which are required to handle personal data (on employees, customers or suppliers, for example) as part of their day-to-day activities – in other words, all organisations falling under the GDPR’s scope. By holding organisations responsibile for their own compliance, and requiring those organisations to carefully assess the risks to the rights, freedoms, and legitimate interests of individuals when implementing measures to address these rules, the GDPR demands a higher level of accountability from all organisations concerned – the ability to not only comply with the rules, but to also demonstrate that compliance has been achieved. To help organisations understand how they can address the practical implications brought about by the GDPR, this article seeks to break down a proposed Data Protection Compliance Framework – six overarching steps which, if correctly and comprehensively implemented by those organisations, will allow them to make the necessary adjustments to their internal practices to align with the GDPR’s requirements. To highlight the importance of implementing such a Framework, the article also explores the different types of powers granted to supervisory authorities in order to enforce the Regulation, and includes a selection of relevant supervisory authority decisions to allow insight into common types of GDPR breaches, and common enforcement responses (including fines) taken by those authorities
Xiaomi India Pvt Ltd v State of Karnataka: Can contracts shape tax outcomes?
No full textThis case note analyses the tax issues in this case from a private law lens: the ability of contracts to shape tax consequences
The Cost of Convenience
No full textBehind Amazon’s Warehouse in Manesar. The company’s expansion narrative is both straightforward and ambitious: to deliver faster service to customers. However, this ambitious vision involves a dangerous trade-off of labor guarantees
We are all data for AI. We must learn to coexist
No full textThe article discusses the integration of artificial intelligence (AI) in education, highlighting how AI-generated summaries challenge traditional teaching methods. It emphasises the importance of conceptual preparation that teachers provide students. The author also explores NLSIU\u27s AI policy and its introduction of small group discussions, which facilitate in-person interaction between faculty and students, creating space for imagination and world-building exercises in university education
Does Non-Farm Income Raise Farm Productivity? New Evidence from India
No full textOn the face of various agro-climatic shocks, farmers often resort to non-farm activities as a coping mechanism for attaining sustainable livelihood. While the impact of non-farm income on farm productivity is well documented in the literature, we contribute to the literature by exploring the possibility of a non-linear impact of non-farm income on farm productivity - differential impact across different types of farmers (small, medium and large) based on their landholding size. We first develop a small theoretical model and establish various channels which could result in non-linearity. For empirical estimation, we use household-level information from eight Indian states based on Village Dynamics in South Asia panel dataset for a period of five years (2010–2014). We adopt an Instrumental Variable Tobit Model to correct for endogeneity of non-farm income arising from unobserved heterogeneity and simultaneity between non-farm income and farm productivity. Our empirical results unveil a U-shaped relationship between non-farm income and farm productivity. This confirms our hypothesis about non-linear impact of non-farm income on farm productivity. Our heterogeneity analysis shows that the impact of non-farm earnings on farm productivity varies with size of landholdings. Policy implications of our empirical results are also discussed