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Antaja kings in Mlecch Land: The political between caste and law in early eighteenth-century Hindustan
No full textThis chapter studies the many meanings of a reconfigured idea of kingship through a close reading of the Assamese Dharmapurana, an eighteenth-century Tungkhungia courtly text. By incorporating philological and art historical methods of reading, the chapter foregrounds the ways in which the concept of jati emerged as the foundation of a new political imagination of kingship, expressed in words and in paintings. Finally, the chapter suggests that we read early modern conceptions of caste expressed in Brahminical texts as a discourse on dharma in practice, situated within transregional networks of learning in eighteenth-century India
Delays, Disruptions, and Diminished Margins: Reassessing Loss Claims in Indian Construction Law
No full textLoss of Profit claims by a contractor are premised on the assertion that the contractor has incurred financial losses due to the act of illegal and premature termination of the contract by the employer. Loss of profitability, on the other hand, is a claim made by the contractor of a decrease in the profit percentage in a contract on account of delays and disruptions in the work due to the actions attributable to the employer. Due to the homonymic nature of the terms, several judgments in India confuse one with the other and misunderstand the underlying principles of law applicable to grant such claims. The confusion could also have arisen from the fact that the seminal judgments in the UK on this topic do not make separate rules or guidelines for making such claims, but base them on the fundamental principles of foreseeability and remoteness. This article reassesses the principles underpinning the calculation for both and aims to clear the confusion. This article also deep dives into the wellknown formulae for claiming losses on account of delays and disruptions such as the Hudson, Emden, and Eichleay formulae, which have also been recognised by the Supreme Court in Mcdermott International v Burn Standard. Additionally, this article also discusses the additional criterion developed by courts for applying the above formulae, i.e., providing some form of documentary proof of loss. Part I delves into the historical evolution of, and the distinction between Loss of Profit, Loss of Profitability and Loss of Chance/ Loss of Opportunity claims. Part II discusses and critiques the prevailing formulae for loss of profitability. Part III proposes suggestions and the way forward for using the formulae and a suggestion for a new formula more suited to India and small contractors
Hollow cry
No full textThe demand for men’s rights hinges on false narratives. The agenda here is not to liberate people under various structures of oppression, but to denounce the achievements of feminism
Statelessness as an Academic Concern: The Indian Supreme Court’s Engagement with Citizenship Policy in In Re: Section 6A of the Citizenship Act, 1955
No full textIn October 2024, the Supreme Court of India (‘Court’) made a significant ruling regarding citizenship laws in Assam, a state in the north-east of the country. The case In Re: Section 6Aof the Citizenship Act, 1955(‘In Re: s 6A’)centred on s 6A of the Citizenship Act, 1955(‘Citizenship Act’), which pertains to granting citizenship to a specific class of migrants who entered Assam before ‘the 1stday of January, 1966’.The Supreme Court upheld the constitutional validity of s 6A in a 4:1 majority. In doing so, the Court also engaged with a multitude of important issues for constitutional law and citizenship in the country. This included discussion of the capacity of the Indian Parliament (‘Parliament’) to legislate on citizenship, the constitutional values of fraternity, equality and the right to culture, and lastly but importantly, the role of the Court in engaging with matters of citizenship policy
Steering Indian Financial Services towards Digital Operational Resilience: A Cross-Sectoral Approach
No full textIn India, among the three financial regulators, RBI’s recent focus on creating a robust ICT risk management framework has been at the forefront of the country’s digital operational resilience strategy. The continuous cyber threats and recent digital operational failures have highlighted the need for further enhancements to strategies that establish strong ICT risk management. Addressing these cybersecurity vulnerabilities requires more than prescriptive rules; it demands holistic, flexible, adaptive, and coordinated regulatory approaches to strengthen digital operational resilience. This paper analyses the key issues that need resolution to advance these efforts. We identify the misalignment of economic incentives for compliance as a significant challenge in the existing framework, which leads to trust deficits and conflicts of interest within management committees. As part of our recommendations, we emphasise the need to reduce the cost of compliance, which would help align incentives and promote voluntary compliance with the regulations. Essentially, we recommend implementing cross-sectoral reforms to create a conducive environment for monitoring and enforcing compliance within financial conglomerates, thereby establishing robust and cost-effective digital operational resilience mechanisms for India’s financial system
How Land Restoration Could Address Malnutrition among India’s Indigenous Families
No full textBased on direct research in the Adivasi communities of Attapadi, Kerala, the authors argue that Indigenous health, food sovereignty and land use have an intricate connection
Jugnuma: A Quest for Universals
No full textIn a reflective note on the movie Jugnuma, Chandrabhan argues that the universals imagined and articulated within the sacred genre are often empty universals. However, the movie moves beyond that and conveys that the structural exploitator’s liberation is not possible in individualistic quest and momentary relief in the cultural code of shiva (see the Shankar’s verses of Vedantic kind mentioned in the essay) or hans (of kabiri genre). It gets its meaning within the social through imagining and articulating a collective liberation
Guest Editor\u27s Note
No full textTracing the evolution of debates on the commons, guest editor Philippe Cullet argues that ensuring accountability of the individuals and institutions in charge of conserving and managing the commons is crucial and needs to be given much more visibility and attention
What Nitish Kumar Hijab Row Reveals about Agency, Gender and Religion
No full textMuslim women, both as individuals and as democratic citizens belonging to a minority, stand at the crossroads of gender and religion. While in the case of the former, they are susceptible to bodily violations, the latter additionally reinforces a politics of protection that ultimately exerts control from a majoritarian vantage point
Professional Historians Are Not to Blame for WhatsApp History in India. Disregard for Scholarship is
No full textIf there is a reason behind the rise of WhatsApp history then it is the conditions that make it possible — the gradual erosion of a culture of learning and the destruction of universities as spaces of learning. Views expressed in this article are solely those of the author and do not reflect the opinion/stand of the University