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The Muslim Secular: Parity and the Politics of India\u27s Partition: by Amar Sohal, Oxford, Oxford University Press, 2023, 328 pp., £83.00 (Hardback), ISBN: 9780198887638
No full textSohal\u27s book explores early to mid-twentieth century Muslim thinkers who rejected communal separatism in favour of a secular nationalism that upheld a unified vision of India. But what was the ideological enemy of the Muslim secular in the high noon of anti-colonial nationalism? Crucially, secularism itself lacks a stable conceptual ‘other’. Often, this space is occupied by ‘communalism’, a unique and ambiguous Indian nomenclature that is pejoratively and variously ascribed to minority positions, exclusive majoritarianism, and anti-nationalism. As a result, despite Sohal’s careful identification of intellectual differences between the thinkers, the master noun he uses to organise them conceals more than it illuminates
Does Multiple Job Holding Raise Labour Use Efficiency of the Farm Operators? Evidence from Rural India
No full textAmid various agro-climatic shocks when farm income becomes volatile, farmers often diversify income by holding multiple non-farm jobs. While the impact of multiple jobholding on overall farm efficiency is documented in literature, very little is known about the impact of multiple job holding on farm labour use efficiency. This is important as participation in non-farm activities alters farmers’ labour allocation decisions between farm and non-farm activities. Using a rich household level panel data from eight Indian states for the period 2010–2014 from Village Dynamics in South Asia (VDSA) Project by International Crops Research Institute for the Semi-Arid Tropics and adopting Data Envelopment Analysis, we estimate labour use efficiency. Our Instrumental Variable Tobit estimation shows that multiple job holding increases farm operators’ labour use efficiency significantly. However, the heterogeneity analysis using sub samples demonstrates that the positive impact of multiple non-farm jobs is enjoyed mostly by medium and large farmers. Also, farmers engaged in wage and salary based non-farm employment experience higher labour efficiency once they hold multiple jobs. Self-employed farmers experience higher labour efficiency only if they earn a threshold level of non-farm income. Since multiple job holding improves farm labour use efficiency, more avenues for non-farm employment to be created for agricultural and rural development
How the fair use clause is being applied to generative AI
No full textThe summary judgments in the Anthropic and Meta cases recognise the highly transformative character of GenAI, thereby favouring a finding of fair use with respect to using copyrighted materials for training purposes
Finding Method to Madness: The Indian Supreme Court\u27s Dignity Jurisprudence
No full textThis article critically examines the Indian Supreme Court’s use of the concept of dignity in constitutional adjudication. Though the Indian Constitution references dignity only thrice, its substantive development has occurred mainly through case law. Using recent literature on dignity as well as case law between 1978 and 2023 this article categorises three main uses of dignity: (i) the constitutional status of dignity; (ii) the expansion of dignity; (iii) homage to dignity. The paper argues that while dignity is necessarily multifaceted, its application should be consistent across similar fact patterns to ensure consistency. To support this, the author analyzes nine Supreme Court cases involving power imbalances (e.g., caste, labor exploitation), showing how the same term is used with vastly different implications despite factual similarities. Proposing an “issue-based” approach, the article urges judges to explicitly articulate the conception of dignity they rely on and apply it consistently across analogous cases. Such transparency would enhance the doctrinal precision of dignity jurisprudence without sacrificing its flexibility. The article concludes by calling for greater judicial rigor in the interpretation of dignity—not to restrict its use, but to ensure its meaningful and equitable application
No SIR, Women and Migrants Have a Right to Vote
No full textAs the SIR threatens to disenfranchise swathes of Bihari migrants, most workers lack the awareness, documentation or wherewithal to reclaim their rights
The Lengthening Shadow of the Legal Tech Market on the Supreme Court of India
No full textAcross Asia, courts are taking a variety of approaches to digital transformations. This book documents the diversity and complexity of the ways in which judiciaries are seeing the promise, as well as the perils, of digital transformations. Through in-depth case studies, the book brings together contributions from those with experience in the administration of technology in courts itself to those who are actively finding ways to develop technology as a tool for adjudication. It also includes reflections from those who are challenging the effects of technology in terms of court processes and arguing for the need for care and caution to ensure digital justice. The pieces take the form of institutional, policy, empirical studies that each analyse the non-linearity of digital transformations. In doing so, they offer practical pathways, as well as critical reflections, which bridge theory and practice, and highlight the uniqueness of Asia as a location for innovation, as well as critical reflection around the digital transformations of courts
Reimagining the Asylum Law in India: A Study on the Duty of of Non-Refoulement
No full textThe right of refugees to seek asylum is undisputedly provided by international instruments but traditionally, the right to grant asylum has been the prerogative of the state concerned. States have a duty of non-refoulement under Article 33 of the Refugee Convention, prohibiting the expulsion or return of refugees. Given the correlation between International Human Rights Law and International Refugee Law, non-refoulement comprises non-rejection at the frontiers as well. Despite the principle being a part of customary international law, due to the ambiguity prevailing in its application, it is constantly flouted by the member-states. Further, as the principle of non-refoulement includes the duty to not reject refugees at frontiers, the lack of economic stability of a state is not accepted as a defence to non-acceptance of the refugees. Moreover, countries like India that are non-signatories to the convention are not bound to adhere to International Refugee Law. Yet, India continues to accept refugees and makes efforts to comply with international norms, despite not having national legislation for the same. Therefore, there is a need for India to formulate a robust legal framework in furtherance of its humanitarian objective
Fashioning the Self: Arguing for a Right to Dress under the Freedom of Expression in International Human Rights Law
No full textWe intuitively recognize that the way we dress is an important part of who we are, how we see ourselves, and how we want to be seen by others. However, despite being constitutive of individual and collective dignity and freedom, the right to choose what we wear—what is termed as the “right to dress”—is not recognized as a human right. Currently, only certain dressing choices are protected under other rights, and there is no right to dress per se. In this article, we argue that dressing is a form of self-expression and hence, a “right to dress” can and should be protected under Article 19(2) of the International Covenant on Civil and Political Rights, which guarantees the right to freedom of expression. We show that such a right serves both theoretical and practical purposes: First, it fills a normative and legal gap in international human rights law; second, it widens the ambit of protection to cover all dressing choices; and, finally, it protects those choices without essentializing them. Conceptualizing a right to dress also presents a novel way of addressing long-standing human rights issues, such as that of the Islamic veil, around which legal and political debates have currently solidified into an impasse