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2002 research outputs found
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Kaathal Kandirangunnavarude Kannerum Queer Raashtreeyavum [Tears of ‘Kaathal’ Viewers and Queer Politics]
No full textThe discussion surrounding the movie \u27Kathal: The Core\u27 is heating up. Malayalees are finally starting to talk about the phenomenon of homosexuality. From the 1978 release of \u27Rundu Nathikaal\u27 to \u27Moothon\u27 which was released four years ago, cinema has tried to tell Malayalis about queer lives at various stages. This article explores the representations of queer lives in Malayalee cinema and its reception
Competition Law Tackling Sustainability Goals: An Analysis of International Practices and Challenges Ahead
No full textFacing up to the Risks of Automated Facial-Recognition Technologies in Indian Law Enforcement
No full textWithin the larger discourse of risk mitigation of emerging technologies, the ever-expanding deployment of automated facial recognition technology (‘AFRT’) has garnered much skepticism. In India too, there has been a reported rise of states and law enforcement officials enthusiastically resorting to the use of AFRT.
The author will first delve into some of the controversial risks associated with AFRT, analysing them through the lens of Article 21 and the principle of due process under the Indian Constitution. The paper will then identify some of the regulatory solutions that are currently part of the discourse on minimising risks of AFRT and balancing their use with constitutional values, and fundamental and human rights. In particular, this discourse will examine an arguable temporary moratorium on AFRT, or alternatively, imposing statutory limitations on their prevalent use. For this, the paper will delve deeper into the governance and regulatory frameworks being deliberated and designed in the United States (‘US’) and the European Union (‘EU’), which are two jurisdictions putatively leading this discourse. The final segment of this paper will propose a way-forward strategy for India, drawing from the international discourse
Did India Ever Have a Right To The City Movement? Rethinking Housing Justice in Violent Times
No full textIn this article I look into the weakening state of housing justice in India, especially in the context of the Covid-19 pandemic and increased state violence. I ask how and why housing rights in India have mostly remained limited in their approach without being able to demand broader access to the city through right to the city discourse. In trying to find answers to this question, I examine housing rights activism in India historically. I show how, while some movements and campaigns organically began to make such broader claims without even invoking the term ‘right to the city’, these efforts were short-lived and those spaces were taken up by policymakers and courts. In this article I trace how a relative absence of a political language and movements’ growing proximity to the policy world has shaped a very particular trajectory of housing rights in India. Within the context of this relative absence of a right to the city discourse even quiet encroachments of the poor have failed to claim their moral right to the city. In this moment, as the Indian state takes a more hostile turn towards the poor and to civil-society organizations, I argue that it may be time to rethink ways of bringing back housing to the centre of political struggles in India
Transgressing Gender with Religious Sanction: The Case of the Jogappas
No full textExcerpt:
\u27Ten years ago, the Supreme Court recognised transgender persons as a third gender beyond the male-female binary. In the National Legal Service Authority vs Union of India verdict in April 2014, the court upheld the fundamental rights of transgender persons.
Yet, in the Indian context, the term “transgender” remains a definitional maze.
...[T]he case of the Jogappas points to the need for caution and cultural sensitivity in studying non-Western societies and unravelling the meaning and significance of the term “transgender”.\u2
Contrary to Yogendra Yadav\u27s Dim View, Indian Political Thought is Alive and Thriving
No full textGenerating considerable public debate, Yogendra Yadav has recently pronounced the demise of political thought in India [attributing this] to the complete absence of any new imagination in the field of politics. This article is a response to Yadav\u27s claim
Women’s Time Use between Paid and Unpaid Work in India
No full textWomen carry out a large share of the total unpaid work which leaves them very less time to engage in paid employment in India. This work tries to understand if there is a reduction in unpaid work when women engage in paid employment
Taxation in the Digital Economy: New Models in Asia and the Pacific, edited by Nella Hendriyetty, Chris Evans, Chul Ju Kim, and Farhad Taghizadeh-Hesary
No full textThe Dhanush-Nayanthara Dispute and Copyright Law
No full textExcerpt:
History has shown copyright can be misused to suppress speech that does not conform to one’s views. Numerous takedown requests on platforms like YouTube demonstrate how this strategy is widely used by political parties, corporations, and individuals to silence opponents and critics. While many of these actions are intentional, there is a widespread misconception of copyright law as a framework designed to protect the rights of copyright owners.
The copyright infringement suit initiated by South Indian actor and producer Dhanush against his peer Nayanthara could fall into either of these categories: a wilful attempt to threaten someone that one dislikes or an action arising out of ignorance of the framework of copyright law
An Empirical Assessment of the Indian Supreme Court’s Use of Law Review Articles (1950-2020)
No full textThe Indian Supreme Court is considered one of the most powerful courts in the world. At a little over 70 years old, the Court has achieved a strong reputation as being one of the most activist courts in the world. At the same time, academic writing, especially law reviews, has exponentially grown in India and established its impact on the law. A question that has emerged is whether academic writing is losing touch with the practice of law. Some commentators have attributed the apparent decline in the courts’ use of legal scholarship to the increasingly theoretical and impractical nature of law review articles, which adds little value from the perspective of the general legal profession. We try to examine this claim in the Indian context, where no study has been carried out concerning the use of legal scholarship by the Indian Supreme Court.
This study analyses the use of law review articles by the Supreme Court over seven decades since the Court was established. The ‘content analysis’ technique is adopted to conduct the study, which detects that the Supreme Court has only cited law review articles 366 times in its judgements between 1950-2020. The paper goes on to undertake a detailed analysis of factors revolving around the same. We argue that despite the low number of citations of law reviews in Supreme Court judgements, claims regarding the decline of the use of legal scholarship may not necessarily be valid in the Indian context. Overall, the study provides a unique insight into when, why, and how the Indian Supreme Court involves legal scholarship in cases