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2002 research outputs found
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How BR Ambedkar’s radical critique of caste could transform transgender activism in India
No full textIn this piece, Swarupa and Aniket highlight that Ambedkar’s critique of caste was a critique of structural systemic injustice conceded as tradition. His insights, though rooted in caste, can be extended to the oppression of transgender individuals. A truly Ambedkarite approach to trans liberation must go beyond the politics of identity to a politics of transformation
Reining in judicial plagiarism in arbitration
No full textThis piece is about a recent decision of the Singapore Court of Appeal annulling an arbitral award, made by a former Chief Justice of India, on account of plagiarism. In this context, the piece argues against the over-reliance of Indian parties on former judges for arbitral appointments
Evolving Approaches to Treaty Interpretation : Indian Courts
No full textTreaty interpretation is necessitated to discern the scope and meaning of various terms. In the context of tax treaties, it particularly entails the reconciling of competing interests at play in a principled manner. In Azadi the Supreme Court remarked that tax treaties cannot be interpreted according to the ordinary principles of statutory interpretation. Almost two decades since the remark in Azadi set the ball rolling on treaty interpretation, Indian Courts have responded in various ways. This piece examines the trends therein and the principles and materials relied upon. It is found that Indian judicial authorities tend to prefer a contextual and purposive approach rather than the textual one. Indian judicial authorities have emphasized the importance of workability, harmonization, holistic and subject matter specific reading while relying on The Vienna Convention on the Law of Treaties, 1969 principles as well as supplementary materials such as OECD and UN Model Convention and related Commentary
Pahalgam and after: How women are used as instruments of politics and conflict
No full textThe lives of grieving women are merely viewed as instruments for each side to achieve its ends
When the Subaltern Speaks Supremacy
No full textHow do we understand the politics of the subaltern if they seek to speak not the language of subalternity but of supremacy? This chapter explores the uses and abuses of vernacular terms of backwardness and their implications for an understanding of a “subaltern caste.
Equitable Redistribution and Inefficiency under Credit Rationing
No full textIt has been argued in many policy circles that lack of access to credit by the poor may be a source of inefficiency in developing economies. Then, conventional wisdom may suggest that asset redistribution from the rich to the poor improves efficiency. In contrast, we develop a general equilibrium model with credit market and show that such an egalitarian redistribution of assets may indeed lead to inefficiency
Bihar\u27s Migrants lack SIR documents
No full textA recent survey, by the Stranded Workers Action Network, shows that about 70% of migrant respondents from Bihar had no awareness of which documents were required to prove citizenship
India’s Response to Global Environmental Commons
No full textThe chapter traces the development and governance of global environmental commons, encompassing shared natural resources like the high seas, atmosphere, Antarctica, and outer space, which fall outside the control of any single nation. It examines foundational legal concepts, such as Grotius’s Mare Liberum, and key international instruments like the Brundtland Report and the UN Convention on the Law of the Sea, while engaging with debates on sustainable development and the governance of common resources. Focusing on India’s role, it analyses legislative, executive, and judicial responses to international obligations concerning the Antarctic, ozone layer, and freshwater resources. The chapter highlights India’s reliance on constitutional provisions and domestic legislation to implement its international environmental commitments towards safeguarding global environmental commons. It concludes by drawing attention to evolving discussions on recognising freshwater and wetlands as part of the global commons and the need for more robust institutional mechanisms to support their governance
The Cambridge Companion to Periyar
No full textThe Cambridge Companion to Periyar is a timely academic intervention which brings together scholars working on different aspects of modern Tamil politics, taking diverse perspectives, to comment on Periyar E. V. Ramasamy. The chapters seek to demonstrate that Periyar\u27s thoughts can have a pan-Indian and a global significance, informing conversations on caste, culture, gender, religion, regionalism, nationalism, and social justice.https://repository.nls.ac.in/books/1059/thumbnail.jp
In the Pursuance of a Robust Legal Framework to Address Deepfake Harms: An Analysis of the Indian Legal Discourse
No full textA common issue we face in the field of law and technology is the constant game of catch-up that the law is required to play to keep up with advances in technology. Deepfake Technology (primarily based on generative adversarial networks, as explored in this article) exemplifies this game of catch-up and provides a fertile ground for academics and regulators/law makers to explore and understand what it means for a technology regulating law or rule to be robust and enforceable. By examining the judicial handling of deepfake claims within a publicity rights discourse in India, this article suggests the adoption of a harms-based perspective in regulating deepfake technology, while arguing for a more effective legal response to deepfake consequences. As a parting note, the author also encourages an active conversation between the disciplines of law and computer science so that legal frameworks built to regulate deepfakes are technically feasible, efficiently cover harmful impact, and most importantly, are enforceable