NLSIU Scholarship Repository
Not a member yet
2002 research outputs found
Sort by
Fights within little republics: condominiums as moral economies of urban India
No full textPurpose: This paper aims to present narrative experiences of conflict management in two condominiums in South India. Using narrative experiences, theorisation of condominiums as moral economies is developed. Design/methodology/approach: Two of these condominiums selected are from South India, and their conflicts have been settled without approaching courts and legal channels. The general body meetings of condominiums are attended to identify friction points between members. These friction points are discussed in in-depth interviews with Resident Welfare Association (RWA) office bearers and residents. Findings: The authors use the two cases to conclude that migrants typically living in condominiums experience in-betweenness of property enjoyment. Being multi-ethnic communities, members associate with ethnic affiliations, creating multiple publics within condominiums. This poses an additional challenge to resolve conflicts. Self-governing mechanisms to advance value addition from collective living necessitates a moral economy decision-making. As a result, the legal approach of upholding the case of one party over the other does not follow the logic of in-betweenness. Research limitations/implications: Property enjoyment as a category to understand the nature of conflict in condominiums is brought out. The element of property enjoyment is a transformative experience of in-betweenness of private and collective property holding. Practical implications: Municipal authorities should incorporate principles of self-governing of semi-commons into by-laws of condominiums. Social implications: Better societal arrangement through multi-identity community living. Originality/value: Descriptive reporting of conflicts within RWAs in India is being done for the first time. There is hardly any literature on the moral economy and in-betweenness of property experience
Periviable birth: Legal landscape in Indian jurisprudence
No full textPeriviability represents a complex threshold where there is a triangulation of medical capabilities, ethical judgement and the right of the infant to live. In India, with its disproportionate burden of preterm births, the management of infants born at the margins of viability (typically \u3c 28 weeks of gestation) remains fraught with legal and ethical challenges. We critically explore the legal contours surrounding the care of periviable neonates from an Indian medico-legal perspective in this article. Despite lacking a uniform national consensus on viability thresholds, Indian jurisprudence confers personhood to neonates at birth, irrespective of gestational age, thereby guaranteeing constitutional protection under Article 21. However, in the absence of explicit guidelines and robust systemic infrastructure, physicians and families must navigate resuscitation decisions amid legal uncertainty, cost constraints and moral complexity. Judicial precedents have mandated life-saving interventions for viable neonates born alive post medical termination attempts, reinforcing the right to care. We discuss the limitations of legal doctrines such as parental autonomy, leave against medical advice and advance directives when applied to neonates who cannot consent for obvious reasons. We also highlight challenges arising from evolving tort liability, procedural lapses and resource inequity in neonatal care
A ban rewrites rules of India’s online play
No full textIndia has the world’s second-largest internet population. Alongside this surge in users, the country has witnessed rapid growth in e-sports, social gaming, and real-money platforms, including rummy and poker. The Promotion and Regulation of Online Gaming Act, 2025 (PROGRAM), which receives President Droupadi Murmu’s assent in August, promotes e-sports and social gaming but bans online real money games, departing from judicial precedents on the skill-chance distinction. It aims to encourage e-sports and social gaming segments, while banning all forms of DRUGs and their promotions. PROGA deviates from the landmark precedents of the Supreme Court and the high courts, which differentiated between games of skill and games of chance
Grievance Redress Mechanisms for Commons: Evaluating the Design and Effectiveness of Public Land Protection Cells in Rajasthan, India
No full textEncroachment on common land represents a significant governance challenge in India. Weak institutions, irregular enforcement, and power imbalances often leave marginalised communities more vulnerable to eviction than others. This article examines the design and effectiveness of Public Land Protection Cells (PLPCs)—a judicially mandated grievance redressal mechanism in Rajasthan—in addressing common land encroachment disputes. Drawing on an analysis of cases before the Rajasthan High Court, field observations, and stakeholder interviews, it evaluates how PLPCs address enforcement gaps and promote accountability. Using the United Nations Guiding Principles 31 as a foundation, the article develops a contextualised framework to assess PLPCs to highlight both opportunities and limitations. Key challenges include individualisation of grievances, low transparency, limited community participation, and poor oversight. The findings suggest that PLPCs must evolve beyond reactive, individual-based mechanisms into proactive models that address systemic threats to commons governance
The Supreme Court’s Retreat from Holding Governors Accountable
No full textIn its advisory opinion on Governors’ assent to state bills, a five-judge Bench of the SC has erased the gains made in TN Governor
The Role of the Voluntary Carbon Market in Scaling Impact Globally - An Analysis of Recent Trends
No full textInterest in the Voluntary Carbon Market (‘VCM’) has grown considerably from participants ranging from private organizations to international corporations and regulatory bodies. Unprecedented anthropogenic climate change has led governments around the world towards action to limit global warming by setting net zero targets and taking steps towards carbon reduction, including through the purchase of carbon credits.In this paper, we provide a high-level overview of the different nature of carbon markets–compliance versus voluntary. After this differentiation, we focus our discussions on the VCM solely. In Part I, we set the scene and provide a background of developments across the Global North and the Global South and the divergent nature thereof. Part II explores the evolving regulatory landscape and voluntary framework with respect to standard setters and new guidance that affects the VCM – again, here we see a divergence between different countries depending on the popularity of supply versus demand. In Part III, we turn our focus to judicial developments on claims that go to the heart of the issue and question the integrity of the VCM – we analyse how claims of carbon neutrality may be subject to further disclosure and scrutiny including in respect of the nature of the offsets they rely on. Finally, we conclude that there is still a long way to go in formalising the VCM and scaling it for large-scale impact and provide insights into what can be done to harmonise developments globally
In Re: Indian Woman says Gang Raped on Orders of Village Court published in Business and Financial News
No full text
