NLSIU Scholarship Repository
Not a member yet
2002 research outputs found
Sort by
Not Western, Not Urban: For Queer People in India, Love Is More Than Just Love
No full textExcerpt: “Seeing like a state, it is a piece of paper that carries the evidence of ‘being related’ to a partner and the blindness of law does not see the person behind. Put otherwise, obliviousness is a luxury of those who did not stand in those shoes of grief. Hard-hitting as it is, it is not to sensationalise but to rationalise marriage as a necessary recognition that protects individuals from social scorns and state-centric deprivations.
Biraha
No full textExcerpt:
\u27The followers of Swami Shri Haridasji live in the sand-laden compound of Tatiasthan and assemble in song with devotees from the general public every evening. This musical tradition is called samaaj gaayan. They first sing facing the deity and then turn to their teacher, who arrives at the assembly a little later. Mobile phones and other technology are strictly forbidden.
This poem is an out-take from my ongoing ethnographic research in Vrindavan—the sacred geography of Krishna worship in the Bhakti tradition in northern India. This poem came from the evenings spent in the Tatiasthan shrine watching evening musical performances, trying to access the somber musical moment through active listening, in a sensory ethnographic move.\u2
Does Today\u27s India Need \u27Decolonisation\u27 Speak?
No full textThis article analyses the introduction of three new Bills to replace the Indian Penal Code, 1860, the Indian Evidence Act, 1872 and the updated Criminal Procedure Code of 1973—the Bharatiya Nyaya Sanhita, Bharatiya Sakshya Bill and Bharatiya Nagarik Suraksha Sanhita, respectively—in light of Indian and global discourse on decoloniality.
Excerpt:
The proposed exercise of indigenising laws – insincere at best and dangerous at worst – would only bring about a surface-level change of the imaginary through a spectacular show of rejecting the colonial inheritance while harbouring no aspirations for freedom at the structural and systemic level of the symbolic order itself
Another Hole in India’s Data Tapestry
No full textThis article argues that the government’s decision to exclude anaemia as an indicator of women’s and children’s health from the National Family Health Survey, 2023–24 creates a ‘gender data gap’
Sovereignty Before Law
No full textBook review: Violent Fraternity: Indian Political Thought in the Global Age, by Shruti Kapila, Princeton, Princeton University Press, 2021, 328 pp., $37.00/£30.00, ISBN 978069119522
Navigating Unfair Contract Terms: Drawing Insights From Australia In Addressing The Legal Conundrum In Malaysia
No full textIn Malaysia, the regulation of unfair contract terms within business-to-consumer contracts falls under the jurisdiction of Part IIIA of the Consumer Protection Act 1999. This regulatory framework is overseen by the Ministry of Domestic Trade and Living Cost. However, the effectiveness of Part IIIA is hindered by certain gaps, resulting in its infrequent utilization for determining unfair terms in consumer contracts. One of the primary challenges lies in interpreting key terms such as “harsh,” “oppressive,” “unconscionable,” and “adequate justification.” These ambiguities often remain unresolved until legal proceedings take place. Complicating matters, doubts persist regarding the applicability of the Consumer Protection Act, 1999 to financial contracts, which predominantly consist of standard-form contracts. This ambiguity can partly be attributed to the divergence in the definitions of “consumer” as outlined in the Consumer Protection Act, 1999 and the Financial Services Act 2013, as well as the Islamic Financial Services Act 2013 and the Development Financial Institutions Act 2002 which includes small businesses as well. While these laws empower the Central Bank of Malaysia to establish standards related to consumer protection, including unfair contract terms, such regulatory guidelines have yet to be introduced. Thus, inconsistency prevails, leading to divergent judicial interpretations and verdicts concerning cases involving unfair contract terms. Employing doctrinal and comparative legal research methodology, this study examines the position of unfair term laws in Malaysia and Australia for benchmarking purposes. Based on the comparative analysis, some recommendations are proposed to enhance Malaysia’s current legal position governing unfair terms in consumer contracts. The significance of this study lies in its aim to improve the legal regime concerning unfair terms, thereby fostering greater predictability. The suggested reform is poised to bolster safeguards for consumers who find themselves at a disadvantage in contractual negotiations with corporate entities
Book Review: 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 textBook Review: Taxation in the Digital Economy: New Models in Asia and the Pacific, edited by Nella Hendriyetty, Chris Evans, Chul Ju Kim, and Farhad Taghizadeh-Hesar
Street Vendors and Social Solidarity Economy: Reimagining Credit and Social Security
No full textEfforts to advance a strong legal framework to protect informal worker rights in India have tread a convoluted path, fraught with numerous challenges. The long struggle for the legal recognition of street vendors has involved many landmark court rulings, but the implementation of these rulings has been problematic. The problems of implementation include the issues of regulatory design of the Street Vendors Act 2014 and the institutional resistance to enabling informal livelihoods. Government measures to support the most vulnerable street vendors have been inconsistent, particularly at the local level, where confusion and resistance persist. While the pandemic further complicated these issues, it also prompted the Central Government to introduce the PM Street Vendor’s Atma Nirbhar Nidhi (‘SVANidhi’) scheme which provided microcredit to street vendors and accelerated their identification and enumeration in some cities. This paper examines how the SVANidhi scheme adds a new dimension to the legal battle for street vendors by reimagining them as entrepreneurs eligible for credit. The paper highlights the conflicting perspectives of policymakers and law enforcers—while national policies view street vendors as creditworthy, local authorities often see them as nuisances. The paper argues for a more cohesive multi-level governance model that aligns central and local policies. It also advocates for reframing credit for street vendors through the lens of the Social Solidarity Economy (‘SSE’), which the United Nations defines as “a broad set of organisations and enterprises that are specifically geared to producing goods, services and knowledge, while pursuing economic and social aims and fostering solidarity.” By adopting the SSE approach, street vendors can be re-envisioned as entrepreneurs, better addressing their credit needs and social security. Accordingly, the paper ultimately calls for a policy shift in how credit for street vendors is perceived and implemented, promoting worker cooperatives to design their credit solutions within the SSE framework