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2002 research outputs found
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Manusmriti, the Indian Courts, and Their Women
No full textDespite considerable scholarly and other writing on the Manusmriti terming it regressive, especially in its denial of rights to women, the presence of Manu still looms large in our courts. This article focuses on how even benign and seemingly harmless invocations of Manu by the judiciary to grant rights to women are equally problematic. Taking a gender perspective strengthens the case for doing away with the continuing presence of the Manusmriti from our texts, courts and society at large
Imperfect Alternatives: Economic Evidence in Indian Regulatory Landscape
No full textBook Review: Despoina Mantzari, Courts, Regulators, and the Scrutiny of Economic Evidence – Comparative Perspectives (1st edn, Oxford Univerisity Press 2022)
Only a Politics of Love Can Counter a Culture of Hate
No full textWhat we are up against today is hatred that, if not checked, will consume the entire body politic
Women Voters and the Illusion of Choice
No full textA record turnout of women voters notwithstanding, the voting narratives across India remain gendered
Buddhist Attitude Towards Forest Dwellers: Luddakas in the Jātakas
No full text\u27Of Thieves and Therīs, Potters and Pativratās\u27 celebrates Kumkum Roy’s contributions as a scholar and teacher of history. Best known for her research on the history of early India, Kumkum Roy has worked on sources as diverse as the Vedic corpus, the Therīgāthā, the Rājataraṅgiṇī and the Mahābhārata. A crucial feature of her scholarship has been her emphasis on the significance of gender in the reconstruction of India’s pasts. She has enriched our understanding of social history through essays and edited volumes examining institutions and processes, including monarchy, urbanism, caste, the household and renunciatory traditions. While her primary source materials have been Sanskrit and Pali texts, she has also integrated insights from epigraphy and archaeology into her work. Her contribution as a teacher has been immense, and in recent years her pedagogical engagements have expanded to include writing textbooks for the Delhi State Council of Educational Research and Training (SCERT) and the National Council of Educational Research and Training (NCERT), as well as interventions on the teaching of history at the school level. The essays in this volume in honour of Kumkum Roy draw attention to various aspects of early Indian social history
The Revival of Buddhism
No full textBook Review: Douglas Ober, Dust on the Throne: The Search for Buddhism in Modern India (Stanford University Press 2023)
Can LLM Chatbots Provide Effective Legal Advice? An Analysis of Current Capabilities and Limitations
No full textThis post explores the current capabilities and limitations of LLM chatbots in the legal domain. It is the first in a blog series titled ‘GenAI and Consumer Law’, which draws on insights from an ongoing research project that explores the potential of large language models (LLMs) in enhancing India’s consumer grievance redressal system
Prioritising Tax Claims in Corporate Insolvency: Boon or Bane?
No full textIn September 2022, the Supreme Court in State Tax Officer v. Rainbow Papers Limited interpreted the Insolvency and Bankruptcy Code, 2016 to treat the State Government as a secured creditor for the tax dues claimed. This decision coincides with the ongoing broader policy reassessment on the treatment of tax dues under the Code by the Department of Revenue and the Ministry of Corporate Affairs. In this case comment, we discuss the facts and holding of Rainbow and critically examine the case through the current observations and post-Rainbow scholarly discourses. Further, the comment inquires into the question of the prioritisation of tax dues in the resolution process by laying out the arguments in favour and those against. Finally, the comment engages with the policy arguments to propose for the optimal balance between long-term economic strategies through loss absorption and tax revenue considerations to understand the potential costs and benefit
Opening India to International Competition in Government Procurement Markets: CEPA with UAE a Breakthrough?
No full textThe India-UAE Comprehensive Economic Partnership Agreement (‘CEPA’) is a landmark in India’s public procurement policy, introducing substantial liberalisation commitments for the first time. Historically insulated from international procurement obligations, India’s previous agreements, such as with Japan, were limited in scope. The CEPA, concluded in 2022, includes Chapter 10, which mandates significant procurement reforms. This article assesses whether the CEPA signifies a transformative change or a minor adjustment. Part II explores the global framework for public procurement under International Economic Law (‘IEL’) and Global Administrative Law (‘GAL’), focusing on the WTO Government Procurement Agreement (‘GPA’) standards. It details GPA’s non-discrimination and coverage provisions, essential for fair international competition. Part III outlines India’s procurement landscape, emphasising its protectionist history and current regulations. Part IV delves into Chapter 10 of the CEPA, analysing India’s negotiation history and the chapter’s specific provisions. The article concludes by evaluating the CEPA’s potential to open India’s procurement market to international competition, enhancing efficiency and aligning with global practices. This agreement could mark the beginning of significant changes in India’s approach to public procurement