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Book Review: Sujata Patel, D. Parthasarathy and George Jose (Eds.), Mumbai/Bombay: Majoritarian Neoliberalism, Informality, Resistance, and Wellbeing
No full textBook Review: Sujata Patel, D. Parthasarathy and George Jose (Eds.), Mumbai/Bombay: Majoritarian Neoliberalism, Informality, Resistance, and Wellbeing. New Delhi: Routledge Publications, 2022, 257pp., ₹1,299
Fifty Years of Lucy, the Marvellous Ancestor
No full textExcerpt:
The Institute of Human Origins at Arizona State University is celebrating this year as a ‘Year of Human Origins’ because 2024 marks the 50th anniversary of the discovery of ‘Lucy’. The discussions on human origins and Lucy provokes one to seriously think about human life and where we come from.... The momentousness of the discovery of Lucy, a cardinal juncture that pegged firmly our existence in the scientific idea of evolution, cannot and must not be undermined
Mediation: Whether the Alternative is Appropriate
No full textThe Mediation Act, 2023 aims to reduce litigation costs and expedite the legal process through mediation. This book offers a comprehensive overview of mediation, detailing procedures, communication skills, negotiation techniques, and the legal framework. It also addresses practical aspects like mediator roles, breaking impasses, and confidentiality, with a focus on both matrimonial and commercial disputes
Bill for Gig Workers Misses the Mark
No full textThis article examines the Karnataka Platform-Based Gig Workers (Social Security and Welfare) Bill, 2024, recently proposed by the state government. The authors discuss various concerns arising from this bill that require deeper deliberation, especially focusing on the proposed measures to augment financial resources for the welfare of gig workers
United Nations: Will it Take the Road ‘Less Traveled’ in International Taxation?
No full textExcerpt:
We are amid what promises to be a significant moment in international tax law. Recently, an ad hoc committee of experts held extensive meetings in New York to draft the terms of reference for future work on international tax cooperation. The work responds to the UN General Assembly Resolution 78/230 passed in December 2023 which steers the path for UN to work towards a fully inclusive and effective international tax cooperation. The UN General Assembly Resolution was prompted by a resolution tabled by the representative of Nigeria on behalf of the African Group of countries.
[...]This ad hoc committee is intergovernmental and led by the UN Member States. The work of the ad hoc committee is expected to translate into a UN Framework Convention on International Tax Cooperation, a first of its kind in international tax law. Given that the demands of any one country or even a few countries can only do so much, this mandate of the UN holds the promise of giving a larger voice to the non-OECD member countries
Detangling Knots in the Narratives: A Response to Theunis Roux
No full textThis article is part of a symposium on Theunis Roux\u27s article titled \u27Grand Narratives of Transition and the Quest for Democratic Constitutionalism in India and South Africa\u27, which proposes two dominant narratives about the constitutional transitions in India and South Africa. The author focuses on Indian constitutional praxis to evaluate the claims of both. Part A engages with Roux’s version of the \u27Liberal Progressive Narrative\u27 and demonstrates what post-liberal accounts of the Indian constitutional transition offers that differs from the standard narrative as presented by Roux. Part B turns to the \u27Culturalist Grand Narrative\u27 and teases out the differences between (and stakes of) its decolonial and culturalist strands
Implementation of Rights for Crime Victims in Theory and Practice: Lessons from India
No full textThere are many different ways in which victims’ rights can be implemented. The implementation pattern may vary depending on the type of rights a jurisdiction offers and the purposes it seeks to achieve via these rights. However, there are a few basic aspects that remain common to the variation in the implementation patterns across jurisdictions. This book provides a theoretical and practical overview of such implementation patterns, their features and underlying differences. It presents theoretical models capturing the different types of implementations of victims’ rights and the purposes that they can achieve. The book also offers a framework comprising the essential aspects involved in implementation of rights such as drafting and presentation, their visibility and accessibility to victims, enforcement of rights in case of breach, and assessment and evaluation of rights to ensure constant monitoring and improvement in implementation. The framework is tested by a sample case study in New Delhi, India, which showcases how the framework can be molded and applied to assess the existing implementation of victims’ rights and the scope for reform. The book will be of interest to those working in the areas of criminal justice, criminal procedure, victimology and human rights.https://repository.nls.ac.in/books/1054/thumbnail.jp
Empirical Study: Delay at the Madras High Court in Preventive Detention Cases
No full textThis paper examines the delays in the adjudication of habeas corpus petitions in preventive detention cases by the Madras High Court. Preventive detention, an extraordinary measure authorized under Indian law, poses significant threats to personal liberty. Drawing on a dataset of 7,448 cases spanning 22 years (2000–2022), the study evaluates the court’s efficiency in handling such petitions. Key findings reveal that the court takes an average of 141 days to dispose of a petition, with detenus spending an average of 181 days in detention before their release. Alarmingly, in 30 cases, the maximum detention period lapsed while the petitions were pending, and in 722 cases, detention orders were revoked by the government before judicial resolution. The paper underscores the urgent need for expedited judicial processes, self-monitoring mechanisms, and compensation for illegal detentions to safeguard personal liberty. The study also calls for similar analyses of other High Courts to identify systemic trends