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British Colonialism and Imperialism
No full textOxford Bibliographies provides faculty and students alike with a seamless pathway to the most accurate and reliable resources for a variety of academic topics. Written and reviewed by academic experts, every article in their database is an authoritative guide to the current scholarship, containing original commentary and annotations. This bibliography focuses on the relationship between British colonialism in India and the development of modern Hinduism
Is right to repair one’s own good a Consumer Right? An analysis of the changing dimensions of consumer rights in India.
No full textThe “Right to Repair” is a novel and non - traditional legal concept that addresses granting of the right to fix a damaged product, such as a car or smartphone, or to make any changes to such a device by the owner, the maker, or a third-party repair store. A growing global movement, the “right to repair” promotes consumers’ independence by allowing them to perform maintenance and repairs on their own equipment rather than being limited to the manufacturer’s service options. Countries throughout the world including United States and the United Kingdom have enacted laws by way of protecting citizens’ “right to repair,” However, “India” has not yet codified the “right to repair” into law. This research thus focuses on the importance and necessity of such a law in “India.” To accomplish the above purpose, data was collected through various secondary sources which include books, journals, articles and reports related to the topic. The research results backed up the idea that “right-to-repair legislation” is needed in India. Although the concept of the “right to repair” is not formally recognized in “India,” it did make progress with the “Competition Commission of India’s ruling in Shamsher Kataria v Honda Siel Cars India Ltd.” Enactment of a law on the right to repair will help eliminate monopolies, put an end to planned obsolescence, give consumers greater choice, protect the environment, and stimulate local economies. For the past few years, the “right to repair” has been the focus of extensive study, particularly in the “United States, the United Kingdom, and the European Union.
Rule of Law – A Basic and Eternal Principle
No full textExerpt: The expression \u27Rule of law\u27 is difficult to define but easy to understand. It postulates that a country must be governed by legal principles that are just, equitable and apply equally to all persons who are similarly placed. The rule of law, like important legal principles such as \u27due process\u27, “natural justice”, \u27essential functions of legislatures\u27 are incapable of a comprehensive definition. But this difficulty is actually their strength because it makes them basic, elastic and eternal
There May Be a Silver Lining in the Supreme Court’s Marriage Equality Judgement
No full textThe Indian Supreme Court\u27s recent judgment denying marriage equality to queer couples has disappointed India\u27s queer community by affirming that only heterosexual marriages are legally valid. However, the minority opinions in the judgment suggest the possibility of re-imagining matrimonial entitlements such as succession rights and adoption beyond the institution of marriage. This opens up new avenues for legal recognition and rights for queer couples
Evaluating the Indian Refugee Law Regime: How Has the Judiciary Responded to Refugee Claims in Light of International Law Obligations, and How Can It Do Better?
No full textSince India has no established refugee regime, most developments in this sphere have arisen from judgments. However, the lack of relevant applicable law means that these developments are piecemeal and humanitarian at best, failing to make true advances in jurisprudence, and anti-refugee at worst. This article argues that through recourse to international law, these hurdles can be surmounted to ensure more robust protection to refugees. Further, it is argued that constitutional and international law obligations binding India mandate that the Indian judiciary refer to these international law instruments. Doing so would ensure significantly stronger protection for refugees and less deference to the executive’s ad hoc stance
Have Social Policy Responses to COVID-19 Been Institutionalised?
No full textCountries adopted a variety of social policy responses to reduce the social risks exacerbated by the COVID-19 pandemic, which in some cases took the form of institutional reforms. The study of the institutionalisation of emergency responses is relevant to understanding if and how a critical juncture, like the one opened by the pandemic, can generate path dependencies or changes that expand or retrench social protection. This state-of-the-art article offers an overview of how social policy responses to the pandemic have translated to institutional reform across the globe under various types of welfare systems. By conducting a systematic literature review of thirty-nine peer-reviewed journal articles in two leading bibliographic databases (Scopus and Web of Science), this article reviews the available evidence on the responses to the pandemic and their institutional consequences. We find four underlying research clusters regarding the degree of institutionalisation of the social policy responses implemented during the pandemic
Introduction: Social Policy Responses and Institutional Reforms in the Pandemic
No full textThis is an introduction to a themed section titled \u27Social Policy Responses and Institutional Reforms in the Pandemic\u27
Claiming the City Between Two Laws: The Street Vendors Movement in Shillong
No full textAfter a long drawn legal battle, the Meghalaya High Court in 2022 repealed the contentious Meghalaya Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014 and ordered the implementation of the central Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014. This paper examines the replacement of the State Act with the Central Act and briefly delves into the social and urban historical context of Shillong to situate the role of law and rights of vendors. In view of the developments in the last decade on street vending regulation and a movement for reform led by street vendors in Shillong, Meghalaya, this paper raises questions that require further enquiry and research. Thus, the paper provides a preliminary glimpse into intersections between the right to livelihood, urban spatial governance, and legislative intervention in the specific geographical historical context of north-east India. The aim of the paper is to introduce an urban context of street vendors’ mobilisation and legal battles that are not documented in academic literature on the subject. The paper points to the specific context of Shillong as a borderland urban centre, with a complex demographic and social history. The paper argues that street vendor mobilisation in Shillong towards the replacement of the State Act with the Central Act opened the possibility of an inclusive and progressive politics that challenged mainstream ethnic and caste based politics that marks the city
