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2002 research outputs found
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What the UK can learn from India about trans rights and inclusive feminism
No full textThe article reflects on the UK Supreme Court’s recent interpretation of “woman” under the Equality Act 2010, noting its impact on trans inclusion in public spaces. In contrast, Indian feminist and queer movements have embraced more inclusive, self-reflective approaches to gender, resisting fixed legal definitions. Drawing on examples from sports activism, legal scholarship, and grassroots organising, the author calls for collective ethics that expand rather than restrict the possibilities of belonging
Arbiter decides but is the verdict out?
No full textThe public discourse on law in India bears mostly on weighty issues of constitutional law. The law of a country is, however, not confined only to the workings of its public institutions. A less sensationalist but an equally important part of law is the resolution of commercial disputes
Counterclaims in Investor-State Arbitration: A Tale of Two Cases
No full textThis article explores the evolving role of counterclaims in investment treaty arbitration. While arbitral rules commonly permit counterclaims, their success has historically been limited due to challenges such as the scope of the parties’ consent to arbitration and the lack of a relevant investor obligation to ground the counterclaim. However, a discernible increase in counterclaims under the ICSID Convention over the past 15 years suggests that there may be a shift in practice. Against this backdrop, this article carries out a comparative analysis of two recent decisions – Iberdrola v. Guatemala (2020) and Lopez Goyne Family Trust v. Nicaragua (2023) – highlighting key similarities and differences in reasoning and discussing their broader significance
The Cake is a Lie: Locating Loot Boxes in Indian Gaming Framework
No full textLootboxes have become endemic in modern video games. These microtransactions allow users to purchase virtual containers without knowing their content, which is determined by chance. There have been increasing concerns about the negative impact of loot-box purchases on mental health and whether these amount to gambling under various laws. In response, several countries have started applying existing gambling laws or legislating new measures to regulate lootboxes. This raises questions about the present state of regulations in the Indian context and whether they are adequate in meeting the risks posed by lootboxes. In the present article, the authors explain the concept of lootboxes and the emerging evidence linking them to mental health harms. The authors undertake a review approach of several jurisdictions towards loot-box regulations. The authors then analyse the Indian gambling law framework to determine whether lootboxes can amount to gambling under Indian laws. The authors identify a potential Indian approach to regulating lootboxes and further research areas
From ‘Gig Work’ to Algorithmically Mediated Work: Shifting the Focus to Technological Control in Work Regulation
No full textPlatform-based work is finding a place in legislative instruments in India in recent years, under the Code on Social Security, 2020, as well as state-level legislations. In this paper, I argue that these efforts to extend protections to gig or platform work are limited in their understanding of the way work is shaped by digital technologies both within and outside of platforms. Platform-based work regulation seems to have skipped a step: the regulatory discourse has moved on to a welfare-focused model present in informal work, without examining existing jurisprudence on worker rights relevant to digitally mediated work. These legislative instruments exceptionalize work performed on digital platforms and lose an important opportunity to address fundamental issues not only in gig and platform work, but also in algorithmic/technological control extended over workers outside platforms. Drawing on the work of Veena Dubal, who argues that ‘digital labour platforms’ should be seen not as new forms of employment but as ‘digital machines’ that are part of the labour process and used as a method of labour control and discipline, this paper argues that labour law protections for platform work need to shift focus to the role of algorithmic control of work, and its impact on workers. Regulation should be based not on the existence of the digital platform, but on the digitally mediated elements of the relationship between the gig or platform worker and aggregator that affect workers’ rights and working conditions
Sci-Hub case: What’s really at stake is future of research in India
No full textIndian researchers face a setback as Sci-Hub, a vital resource for accessing research papers, is blocked following a court order in a copyright dispute between major publishers and the platform. This ban raises concerns about restricted access to crucial scientific information, especially for institutions with limited resources
A Comparative Study on the Originality of AI-Generated Artworks: What Can Copyright Laws Learn from Refik Anadol?
No full textOriginality is a fundamental requirement for works to receive copyright protection. However, as the term lacks a universally accepted definition, interpretations of originality vary across jurisdictions. This article first examines key theories underpinning copyright law to justify the necessity of an originality threshold. It then analyses how the United States, the United Kingdom, India, China, and the European Union define and apply this criterion. In the final section, the article argues that, these jurisdictions, when applying their well-established principles and case law consistently, can accommodate findings of originality in AI-generated artworks. The article critiques the misconception shared by some jurisdictions that equate the originality criterion with the human authorship requirement to deny copyright protection to AI-generated works. Such an approach, the article contends, leads to arbitrary and unjustifiable decisions. Furthermore, the article argues that acknowledging originality in AI-generated artistic works does not diminish human creativity, as human input remains essential in working with AI tools, as exemplified by Refik Anadol\u27s pioneering works
Is Onam a Hindu festival? The moral imagination that underpins its secular appeal
No full textThis article discusses the politics of morality that underpins the secular appeal of Onam, Kerala’s official state festival. It argues that Onam’s popularity across different sections of people is not because of any religious origins, but due to its twentieth-century reinvention within the moral aspiration for equality articulated by anti-caste struggles and communist political movements in Kerala’s hierarchical society
Left’s Engagement with Sabarimala in Kerala is Not Opportunism, it is Part of a Longer Attempt to Democratise Religion
No full textThis article examines the recent controversy over the Global Ayyappa Summit organised by the LDF government in Sabarimala. It argues that contrary to critics’ claims, this does not mark a sudden shift in the Left’s engagement with religion, particularly Hinduism, but should be seen as part of its longer attempt to engage with religion on democratic and reformist terms