The Dismal Reality of Deepfake Technology: A Bane to Human Rights Violation Cases
Harshita Sharma and Kirthana Shivakumar Consider travelling back in time to when eyewitness testimony was the only source of evidence, the time when word-of-mouth was the only source of information. That is precisely where the advent of deepfake technology is taking this society: to a time when we can no longer believe what is recorded and have to rely entirely on eyewitnesses. Disinformation campaigns have been the…
The Responsibility to Protect (R2P): Under what circumstances might the Security Council sanction an intervention to prevent or halt mass atrocities be justifiable, whether legally or otherwise?
Adity Rahman Shah The core principle of Responsibility to Protect (R2P) postulates that the state sovereignty implies responsibility,[1] i.e. the state is imposed with the primary responsibility to protect the population from persecution and when it is required, the responsibility even extends beyond the border. In other words, a state has an obligation, under certain circumstances, to protect the people under another sovereign authority. This principle…
Critiquing the Investor-Friendly Nature of Bilateral Investment Treaties: A Human Rights Perspective
Isha Khurana Introduction The credit for the success we see in international investment has been largely attributed to Bilateral Investment Treaties (hereinafter BITs). BIT’s have been used historically, as a means to promote foreign trade, especially for developing nations that were in dire need of funds after several wars. However, in doing so, they seem to have created an asymmetrywherein only the investor’s interests have been safeguarded.…
A Response to the Maximalist Approach to Criminal Law and the Problem of Over-Criminalization
An excessively maximalist approach contradicts the theory of criminalization, which states that the state can impose penal sanctions and that if it does not legislate within these limits, it leads to an explosion of criminal laws and an inconsistent, unreliable criminal justice system. Overcriminalization causes disproportionate sentences, jail congestion, and targeting marginalised populations, for instance, according to the NDPS.
DECRIMINALISATION: RESOLVING THE CONUNDRUM BETWEEN “SEX TRAFFICKING” AND “SEX WORK”
Aditi Gupta & Udai Yashvir Singh ABSTRACT This article attempts to discuss and address the hazards of conflating “sex work” and “sex trafficking”. It aims to shed light on how criminalization of sex work due to this conflation negatively impacts the lives of sex workers. Further the article analyses whether sex work must be criminalised or decriminalised and ends up suggesting the most suitable alternative for…
Indonesia’s New Criminal Code Proscribes Extramarital Sex: Ramifications on Sex Workers
Masad Khan INTRODUCTION The Indonesian parliament, or the People’s Consultative Assembly of the Republic of Indonesia, has passed a new Criminal Code (“Code”) on 6 December, 2022 which shall replace its existing Criminal Code, which was drafted during the Dutch colonial rule. Many provisions of the new Code fall foul to the international standards of human, civic and political rights. The new Code seriously undermines personal autonomy and privacy of…
Derisive Nature of International Law – national interest vs conventional action in light of the UK’s anti-refugee bill
Ashlesha Pandey Abstract The following article expounds in detail how the derisive nature of International Law, and lack of imposable sanctions and regulatory mechanisms have rendered various conventions, ineffectual, at least on paper. The discussion is undertaken in the light of UK’s recent Nationality and Borders Bill, dubbed the Anti-Refugee Bill, owing to its annihilation of refugee rights. It further discusses mechanisms through which accountability…
Lacuna in appellate court’s bail cancellation powers – the need to rethink perspective
Kamlesh Vishnoi Abstract There is a marked difference between the procedure for consideration of bail under Section 439, which is the pre-conviction stage, and Section 389 Code of Criminal Procedure, which is the post-conviction stage. An interpretation may also go that the proviso does not bar any person apart from the public prosecutor to approach the court seeking cancellation. However, whether such an application can…
An apt solution to the intensifying problem of domestic violence in India
Aneesh Raj Abstract Domestic violence against women is one of the worst forms of human rights violation. There are various statutes to prevent women from being abused within the household, but the harsh reality is that due to a lack of a proper mechanism, they face difficulty in taking suitable actions. The problem of domestic violence is so deeply enshrined in society that it can’t…
Thailand’s Dwindling Monarchy in Midst of Human Rights Crisis
Rishav Devrani and Poojan Bulani In response to calls for reforming the political structure, thousands of people have taken to the streets in protests that have3 occasionally resulted in violence among the protestors and the police over the last two years. Leaders of activist groups have faced charges like alleged defamation of the monarchy. Thailand’s “Section 112,” also known as the lese majeste law, makes it illegal to…
India & Internet Shutdowns During The Pandemic: A Curb on The Right to Education?
Ankita Malik The Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017, were formed to regulate the temporary suspension of telecom services in times of public emergency or public safety situations. However, these rules have been used for restricting fundamental rights as citizens are plunged into digital darkness with no access to the internet. Further, the Covid-19 pandemic has led to a…
The Conundrum of Rights in the Gig Economy
Swaroop Nair Abstract The gig economy is blooming all around the world and even in India. It brings convenience to consumers, makes money for companies and also creates employment opportunities. However, on the surface what may look like a positive deviation from traditional employment opportunities, has in actuality become a forum for growing digital platforms to exploit their workers. Workers who were earlier promised good…
Institutionalised Prejudices & Human Rights Violation: Bleak future of Queer Community in Uganda
Sarthak Gupta Abstract In Sub-African nations, South Africa is recognized as the most transformative and progressive nation concerning queer rights. However, there exist prejudiced nations which continue to adopt a heteronormative attitude in society. In this article, the author argues on Uganda’s anti-queer frame of mind and analyzes how the Ugandan authorities instrumentalize the Covid-19 pandemic to place the queer community into more vulnerable space…
Blue Burqas’ Destiny walking on Sword of Damocles: US Cry off, Taliban Darken Afghanistan’s Door, and Déjà vu of the Prejudices
Sarthak Gupta Abstract The United States promised to withdraw all troops from Afghanistan within 14 months following making a peace agreement with the Taliban in February 2020. All American forces departed from Afghanistan on August 31, 2021, causing havoc on Afghani women’s rights. The most echoed question is; can we trust the Taliban on women’s rights? The reaction which was once “negative,” and doesn’t seem…
Forced Evictions: Violation of Human Rights in Assam
Ankita Raghunath Forced evictions have become a grim reality for the residents of Darrang in Assam. The eviction drives conducted by the State Government in Assam violate the right to shelter under Article 21 of the Constitution. This article attempts to delve deeper into the context surrounding the recent evictions. The flagrant human rights violations committed by the State Government during these eviction drives are discussed within a legal context. The article also attempts to…
UN’s recognition of the right to a healthy environment: A defining moment in the fight against climate change.
Anushka Srivastava Notwithstanding a momentary drop in carbon dioxide emissions due to the COVID-19 outbreak, UNEP’s study shows that the world is still on track for a potentially devastating 3.2°C temperature rise this century, far surpassing the Paris Agreement targets of maintaining global warming well below 2°C and aiming for 1.5°C. The United Nations Human Rights Council’s official acknowledgement last week that the right to a healthy…
Hungary’s New Anti-LGBT Legislation: Implications Under International Human Rights Law
Sriansh Jaiswal and Ananya Kumar Introduction On June 15, Hungary approved a homophobic legislation that prohibits the dissemination of any homosexual content for individuals under the age of 18, including sexual education, movies, and cartoons. The legislation has drawn stark criticism from human rights activists and global leaders, accusing it of discriminating based on sexual orientation. Sixteen Countries of the European Union condemned the bill…
Texas Abortion Law: A Tussle between Women Rights and Child Rights
Aditi Singh Abstract Abortion has been intricate and interesting subject of study. The main aim is to balance women’s right over their own bodies and a child’s right to live. The recent abortion law passed in Texas, creates an unruly imbalance. Prohibiting abortion as early as 6 weeks into pregnancy puts the rights of women at jeopardy. The article explores the facets of abortion law,…
Actualization of Digitalized Human Rights
Bandita Abstract As the societies have modernized over the period of time, the concept of human rights has widened meaning hereby human rights have evolved over the period of time. Today, in the times of pandemic most of us people are conducting their lives online and that’s possible because of digitalization. Digitalization has become a necessity but with it comes the concerns related to certain…
Data Protection Legislation in India: A Need for Change
Diya Agrawal & Aditi Gupta In India, enactment of a privacy protection law is urgently needed to safeguard users from exploitation. The hazardous potential of these platforms to collect vast amounts of data from the users without their knowledge or permission, as well as the users’ ignorance and uncaring attitude in this respect, is what privacy advocates are most concerned about. In this article, we…
Rehabilitation and Vaccination of Beggars in Covid 19: A Duty of The State
Anmol Agarwal & Harshal Kumar Introduction On 27th July 2021, the Supreme Court in the matter of Kush Kalra v. Union of India and Ors.[1] asked the Central Government and the Government of NCT Delhi to ensure that proper rehabilitation, as well as vaccination programs are provided for people involved in the avocation of begging. In July, state administration claimed that over 21,000 homeless people…
The Juxtaposition Between The Right of Residents to A Clean Environment and Feeding of Stray Dogs
Komal Parnami and Pritesh Raj In this article the authors have delved into the rights of animals with particular emphasis on stray dogs. The thought of granting legal rights to animals emerges from the well-intentioned concept of animal welfare and protection. The authors have also mentioned the existing legal regime regarding the protection of animal and prevention of cruelty against animals. Furthermore, the recent Judgment…
Anti-Patriarchy and Equality Speaking: Muslim Women have the Right to Invoke Extra-Judicial Divorce in India
Abhay Raj Recent years have witnessed an unprecedented level of attention on the tenet of equality. The most recent addition to this arena could be the decision of the Kerala High Court in X v. Y, where the court interpreted the right of Muslim women to invoke extra-judicial divorce. This piece critically analyses the implications of the decision in order to ascertain how the court’s…
Human Displacement in Protected Areas vis-a-vis Bringing Down Walls of Forest Conservation
Manikanda Prabhu J and Santhiya KS The debates and discourse surrounding Environmental protection and Conservation of flora and fauna have not given adequate attention to the human angle to environmental issues. The Ministry of Environment, Forest and Climate Change (MoEFCC) has answered a query filed under the Right to Information Act, 2005 that a total 18,493 families in 215 villages across Protected Areas (PA) in…
Information Technology Rules, 2021 – An Emerging Threat to Human Rights in India?
Tanvi Rahim As per the Central Government, the Information Technology Rules, 2021 were introduced with the noble aim of preventing social media misuse and enhancing transparency in the functioning of Internet intermediaries. However, a bare reading of these Rules will be sufficient to infer the vagueness with which they’ve been drafted. This ambiguity arms the Executive with unbridled power that may culminate in arbitrary actions…
Does Preference To State Sovereignty Over Individual Rights Jeopardize The Relevance Of Human Rights?
Khushal Gurjar Relationship between a state and individual has been the driving force behind the idea that enforces rule of law and pillars of justice in a society. A major part of this relationship is attached to the idea of state being the protector of human rights of individuals as described in various theories explaining formation of state including social contract of individuals with Hobbes’s…
The Question of Right to Self-Perceived Gender Identity in Transgender Persons (Protection of Rights) Rules, 2020
Sarthak Gupta On September 25 2020, in India the Ministry of Social Justice and Empowerment issued a notification about the draft of the new Transgender Persons (Protection of Rights) Rules, 2020 (“Rules 2020”) removing some of the facets which infringed the fundamental rights of Transgender individual such as, the requirement of medical examination as it was mentioned in Transgender Person (Protection of Rights) Rules, 2019.…
Another SCOTUS Decision: Limiting applicability of Alien Tort Statute?
Akshay Dhekane and Basant Vijay Sagar This piece focuses on how the US Supreme Court decision in Nestlé USA, Inc. v. Doe would have an impact on human rights and international law claims brought by foreigners/aliens to the US. It explores the history of the Alien Torts Statute, which is the primary law under which foreigners can bring in claims in the US courts. Then it moves…
A Cry for Help in Tigray: When the Line of Defense Becomes the Perpetrator
Akshay Sharma This blog piece focuses on how the institutions in the Tigray region of Ethiopia, that are vested with the legal and moral obligation to protect civilians and maintain peace & tranquility, are doing the exact opposite of what they are expected to do by law. As it is evident from the regional and international organization’s reports, there are various incidents of human rights violations and…
Should Liberalism consider Torture to be morally acceptable in exceptional circumstances?
Astha Tripathi Literary works across the globe have sought to denounce the barbarity that is torture. However, some have also argued in favour of torture as an emergency exception in extreme circumstances. The ticking bomb hypothetical is often used as a simplistic scenario aimed at depicting the extreme cases where torture may be justified, and as the war on terrorism gains traction in the world,…
Poland’s New Abortion Law: A Step back for the Rights of Women
Shriansh Jaiswal Introduction On October 22, 2020, the constitutional tribunal of Poland passed a controversial ruling which barred abortion in case of fetus abnormalities. The rationale behind the ruling was that such abortions violated the constitutional right to life of the fetus. Therefore, now the only exceptions to the law against abortion are in cases of rape, incest, or where a mother’s life is threatened.…
NHRC’s Advisory for Protecting the Rights of the Dead and the Question of its Enforcement
Mohit Kumar Tanwar The second wave of the COVID-19 pandemic has wreaked havoc in India. With thousands of deaths being reported every day, it has given birth to a human rights crisis concerning the rights of the dead. The gravity of the situation is evident from the media reports of mistreatment of the bodies of Corona victims. To address this issue, the National Human Rights…
The Covid Situation In India: A Crime Against Humanity?
Priyansh Priyadarshi This article deals with the mismanagement of the covid situation in India. The purpose of this article is to analyse whether or not, as alleged by many, the act(s) of the govt. of India amid the covid crisis, amounts to violation of human rights and various obligation under international law and can such act(s) qualify as a crime against humanity under the current…
The Role of Law in Subjugating a Child’s Marital Liberty: Faulty Provisions and Misconceived Developments
Vaibhav Yadav The issue of child marriage stands in direct contrast with a child’s control of his/her life. Society gives priority to parental consent and the law upholds it by some of its provisions. The Hindu Marriage Act still lacks a clear recognition of situations where parents have consented to the marriage of a child. As a result, the earlier unjust provisions of the act…
Venezuela’s Migration Crisis and Latin American Regional Co-operation
Priyal Sepaha The Bolivarian Republic of Venezuela (hereinafter Venezuela) was known for its democratic structure and economic stability. Today, the country is facing one of the most grave humanitarian crises in the world, with over 4.5 million refugees and migrants, fleeing from Venezuela to neighbouring countries. Owing to Nicolas Maduro’s authoritarian rule and the consequent constitutional crisis, Venezuela’s economy has collapsed, leaving the population to fight social…
The Supreme Court’s Pushback of Rohingyas Contravenes Everything it Once Stood For
Samaya Khanna and Umang Misra The Supreme Court on the 8th April 2021 found in favour of the state in a writ petition filed by Adv Prashant Bhushan and Colin Gonsalves seeking an interlocutory order to stop the deportation of 168 Rohingya Muslims being conducted by the Union of India. The Supreme Court’s refusal to grant protection to Rohingya Muslims not only violates India’s International…
Human Rights Perspective of Corporate Accountability via Legally Mandated Corporate Social Responsibility
Anushka Rungta Government-mandated Corporate Social Responsibility for the protection and development of human rights in society is adding meaning to the evolving nature of social responsibility. The continuous contribution of trans corporations via CSR (keeping in mind their contribution to the growing abuse of these rights) is the need of the hour. This accountability regime is also impacting the functioning of businesses and in turn.…
Griming Hope for Recognition of Ecocide under International Law Jurisprudence: France’s proposed Ecocide law
Shelal Lodhi Rajput With the advent of climate crisis, there is a recognition to a newly formed crime and that is crime against the environment. It is an international crime against the environment commonly known as Ecocide. For the first time any nation tried to incorporate under its Jurisdiction. This piece unravelled the recent legal development on ecocide and new bill that is proposed ion…
A Case against Chemical Castration
Nikhil Erinjingat Introduction The debate over chemical castration as a form of punishment has resurfaced post the Pakistan government’s recent approval of chemical castration for rape convicts. A recent article titled ‘Chemical Castration of Sexual Offenders in India – A Need for Reformation in Indian Anti-rape Laws’ (referred to as ‘article’) published in the NLU Jodhpur’s Criminal Law Blog also argues for chemical castration and…
Maharashtra Shakti Criminal Law Amendment Bill of 2020: A not so Shakti Bill
Anmol Agarwal The augment in offences against children and women has called out the Maharashtra government to introduce laws tackling such acts. However, the very question concerning the implementation and reliability of such laws within the pragmatic world is being critiqued in this article. The aim of the laws should not be to curb one aspect of human rights just to negatively affect another aspect…
The Balance between Free Speech and the Rights of the Media
Gaurangi Media trial exists in India since the twentieth century, be it the Jessica Lal, Aarushi Talwar case, or the recent media trial encompassing “Sushant Singh Rajput’s” unfortunate demise – the function of media in moulding the perception of the population countrywide is undeniable. It is appropriately said that media is the “fourth pillar of democracy”, acting as a watchdog over the government’s administrative exercises,…
COVID-19 and Rights of Prisoners
Hitesh Nagpal The coronavirus pandemic has brought normal life to a standstill by mercilessly affecting all sections of the society and with more than fourteen million cases and over one hundred seventy-seven thousand deaths, India is one of worst affected countries. While the rest of the country is attempting to combat the crisis by maintaining social distancing, personal hygiene, etc., the overcrowded prisons in India…
The ‘Guardian of India’s Constitution’ is relinquishing its duty: Failure of a Constitutional Court
Sushant Kumar This article is based on the unprecedented conduct of the Indian Supreme Court over a period of time in failing to fulfil its constitutional responsibility and siding with the Executive on important matters concerning civil rights. Deferring hearing and failing to pronounce on matters involving constitutional infringements, the Apex Court of the world’s largest democracy is failing to live up to the standard…
The Precarious Position of Child Marriages in India
Samriddhi Chatterjee Child marriages have been a problem in India for a very long time. Every year, numerous children, especially girls, are denied basic rights such as that of education, bodily autonomy, privacy, etc, that are attributable to the social evil. India is one such country that has always remained in the top countries known for contributing to this menace. There are laws in place…
Execution is not the Solution
Abhishek Ranjan and Akshaya Akriti In the month of January, former US President Donald Trump and his Department of Justice finalized a total of 13 death penalties which ended a 17-year federal death penalty hiatus in the States. Justice Sonia Sotomayor recalls that the number of death penalties carried out can be referred to as an “expedited spree of executions” and is more than three…
Sexual and Reproductive Health Rights in India: Government Policies and Statutory Laws
Vaibhav Gaur and Gaurav Yadav Sexual and Reproductive Health and Rights are essential for human rights but more often ignored effortlessly. Along with that, a layer of shame and silence has gradually developed around the topic. It is extremely important to be aware of the existing government policies and the laws which try to move ahead of the taboos and shame and give people the…
Extraterritorial Jurisdiction on Corporate Human Rights Violations
Raghav Bedi and Aman Kumar Singh In this blog, we tried to explore the extraterritorial jurisdiction of the corporate giants in context with the violation of human rights. The blog discusses the need for extraterritorial jurisdiction regulation on corporate entities. The blog further discusses the challenges and ways to overcome those challenges while regulating the extraterritorial jurisdiction of corporate entities. In relation to this, the…
The Hong Kong Conundrum: Jeopardising the Freedom of Expression and Assembly
Bhawna Lakhina On 30th June 2020, China imposed the new National Security Law (“NSL”) on Hong Kong. It primarily criminalises four types of acts, namely: secession, subversion, terrorism, and collusion with foreign forces. Introduction The NSL has been criticised worldwide, predominantly due to being agnostic to the basic human rights of the people of Hong Kong. It incorporates provisions that deny a fair trial, undermine…
Uniform Protocol To Handle Dead Bodies: A Way To Tackle Mass Graves
Shivang Yadav and Shailee Mishra Mass graves generally contain hundreds of secrets from which human right abuses, tortures and extrajudicial executions are some of the evidences. A thorough excavation using archaeological methods to recover the bodies for identification is needed. The article outlines existing legal duties towards mass graves and why these should be protected. Introduction Mass graves have always been a burning issue and…
The Plight of Chinese Uighurs – A Story of Structured Minority Cleansing
Nyamat Sekhon and Sukhman Sandhu George Orwell in his acclaimed novel ‘1984’ and Margaret Atwood in her piece, ‘The Handmaid’s Tale’ talk of a dystopia created by the exercise of complete power by the Government in all matters of an individual’s existence. The story paints a grim picture of what life would be, if the government were to wield unchecked and unabridged control over its…
Body Art Controversy: Nudity is Obscene
Jyotishka Guha Since its inception, the Law of Obscenity has remained a hindrance to an artist’s creativity. People like Oscar Wilde, D.H. Lawrence, Maqbool Fida Hussain and many more have all been victims of this at some point of time due to their creations. One of the main reasons for its misuse is that the law is vague which gives wide discretion to the judge.…
Anti – Interfaith Marriage Ideologies in India: A Restriction on Right to Love
Sukhman Sandhu Interfaith and inter-caste marriages have been an ongoing topic for debate in India. However, under the rule of the current government, the topic of interfaith marriages is being used to propagate political agenda, while undermining the rights of religious minorities. On the other hand, the legal standpoint time and again upholds Individual Rights over the excessive restrictions posed by the State. There is…
The Legal Conundrum around Menstrual Leaves in India
Rashi Choudhary and Kruti Kachhwaha The present article is based on the debate surrounding menstrual leaves in India. It deals with the history and origin of menstrual discrimination in India and the changing views of the society on the same. It examines the ideological issues around menstrual leaves and discusses the position of law in India with respect to this policy change. It briefly covers…
The Corporate Responsibility for Human Rights Impacts through the ‘Due Diligence’ Standard
Ajay Raj Recently, the Open-Ended Intergovernmental Working Group has published its Second Revised Draft Treaty for Business and Human Rights. Pursuant to Article 6(2)(b) of this Draft Treaty, ‘due diligence’ is required for discharging corporate responsibility towards human rights impacts. A perusal of the Draft Treaty, however, reveals that there exists no threshold for interpreting the due diligence requirements. This is despite the fact that…
An Analysis of Recent Reproductive Rights Landscape: A Legal, Human Rights, and Policy Perspective
Abhilash Roy This article will discuss the current position of abortion rights in India, the obligation of the state to remove policy and framework barriers in the way of women’s access to safe abortion, and the future of reproductive rights in the Indian context. To facilitate this discussion, an analysis of The Medical Termination of Pregnancy (Amendment) Bill, 2020 with special emphasis on its refreshing…
Talks Swept under the Carpet – Scanning the History of the Agricultural Market Reforms
Yashi Bajpai Farmers in India have been protesting vehemently ever since three controversial farm bills were passed without necessary debate in Parliament. Farmers are claiming that these bills shall work to their detriment. Amidst all the debates going on in respect of the same, the author, through this post seeks to dive into the history of the farming sector, what has happened of the previous…
Surge in Cases of Domestic Violence – Is the Government Equipped for the “Unlock”?
Navya Saxena As the world continues to remain gripped in the clutches of the novel Coronavirus, an equally devastating pandemic has parallelly and stealthily crept into the countries simultaneously. This pandemic of domestic violence is not new to any society; at least not to every third woman in India. The nationwide lockdown, imposed following the COVID-19 pandemic, led to a 100 per cent increase in…
Juxtaposition of Migrant Welfare vis-à-vis Transgression of Rights in the COVID-19 Context
This article is authored by Tamanna Gupta, a fourth year B.A. LL.B. (Hons.) student at Rajiv Gandhi National University of Law, Punjab. While the COVID-19 outbreak has led to breakdown of economies all over the world, it has also brought to the fore several parallel repercussions, such as violation of human rights of millions of people, especially the poor and the downtrodden sections of society. Migrant…
Review & Release: Failure in Implementation of the Jadhav Judgment
This article is authored by Shruti Prasad Dhonde, a third year B.A. LL.B. (Hons.) student at Maharashtra National Law University, Mumbai. It has been a little more than a year since the Jadhav Judgment, but its implementation has still not been seen through. This article, not only briefly revisits the case but also takes into account the very recent developments with respect to implementation; in…
A Crossfire between Autocracy and Political Freedom: Hong Kong’s New Security Law
This article is authored by Rishabh Sen Gupta, a fifth year B.A. LL.B. (Hons.) student at National Law University and Judicial Academy, Assam. As China went on to become the world’s second-largest economy, the same came at the cost of economic, social, and environmental imbalances. One of the areas in which it is lagging is in the realm of human rights. Matters of growing concern…
When will the Domino Effect of George Floyd’s Movement hit India?
This article is authored by Ruchika and Shubra Sharma, fourth year students pursuing B.A. LL.B.(Hons.) from Symbiosis Law School, Noida. What happens when the protector turns into the perpetrator? The collective celebration for the immediate take on injustice in “Disha’s” case is still vivid in our memories. The showering of flowers, embracing the errant police behaviour and the immediate measures for instant justice conveniently blurs…
Can the International Community prevent a Famine in Yemen?
This article is written by Sahibnoor Singh Sidhu, a student pursuing B.A. LL.B. (Hons.) from O.P. Jindal Global University, Sonipat. Yemen is facing the worst humanitarian crisis in its history with close to 50% of its population at an imminent risk of starvation. This famine is largely a result of the political turmoil that has engulfed Yemen since 2011, with different parts of the country…
Prejudiced Position of Supplementary Health Workers in lieu of Prospective Labour Reforms
The article is authored by Aaryan Mohan, a third year B.A. LL.B. (Hons.) student at Symbiosis Law School, Noida. The Government of Uttar Pradesh has passed the Uttar Pradesh Temporary Exemption from Certain Labour Laws Ordinance, 2020, which aims to enforce a blanket suspension of almost all labour laws in the state, for a period of three years. The same was readily followed by the states…
Transparency and Accountability amid COVID-19
The article is authored by Aarushi Gupta, a first year B.A. LL.B. (Hons.) student at Dr. Ram Manohar Lohiya National Law University, Lucknow. Availability of information on decisions which affect the public is the right of an individual which has been severely undermined during the pandemic. The article has been written in light of the steps adopted by the government which do not ensure transparency in the…
Disability Rights during a Pandemic: Need for Paradigm Shift in Status Quo
This article is authored by Tamanna Gupta, a student currently pursuing B.A. LL.B. (Hons.) at Rajiv Gandhi National University of Law, Punjab. “How a society treats its disabled is the true measure of a civilization” -Chen Guangcheng While the novel coronavirus pandemic has toppled economies world over, and affected millions of persons, the COVID-19 pandemic is especially dangerous for the differently abled, since several are…
Coronavirus Pandemic: A ‘Remediable’ Humanitarian Cataclysm
This article is authored by Ritik Gupta, a student currently pursuing B.A. LL.B. (Hons.) at Fairfield Institute of Management and Technology, GGSIP University, New Delhi. The article merely points out the egregious human rights contraventions transpiring amid coronavirus pandemic, and critically analyses them. The author is arguing that why the human rights have become so privileged for the deprived, why should the presence of wealth…
The Tussle between IHL and IHRL in light of the Galwan Valley Clashes
The article is authored by Sonal Okhade, a third year B.A. LL.B. (Hons.) student at National Law University, Nagpur. The Galwan Valley clashes have brought to the forefront the issue of the overlap and co-existence of International Humanitarian Law (‘IHL’) and International Human Rights Law (‘IHRL’). The unprovoked attacks against the Indian military raise a germane issue in the fields of IHL and IHRL regarding…
The Domestic Violence Act, 2005 and the Coronavirus Pandemic – A Legislation Enmeshed with Patriarchy
This blog is authored by Shreya Jha and Lavanya Jha, students of Amity Law School, Indraprastha University, Delhi and West Bengal National University of Juridical Sciences respectively. Domestic violence has been a long drawn concern for women in Indian households. The ongoing Coronavirus pandemic has now worsened the situation, with statistics showing an exponential rise in the number of cases recorded. The Domestic Violence Act,…
Indian Judiciary’s Inclination towards an Online System of Justice Facilitation: A Gift of COVID-19
This article is authored by Divyansh Bhardwaj, a student at National Law University, Odisha. This article aims to highlight the rapid surge in human rights violations during the ongoing pandemic and how the current situation has added to the already existing burden of unreported and unheard cases in India. It then talks about how the judiciary is moving towards an online system of justice facilitation.…
GPS Tracking to Monitor an Accused Released on Bail- A Violation of Right to Privacy
This blog is written by Nishtha Nikhil Gupta, a second-year student at NALSAR University of Law, Hyderabad. This article reviews the judgment passed by the Delhi High Court which allowed for GPS tracking of the undertrial prisoners. This was a step taken after the courts decided to release undertrials on bail when the threat of the pandemic engulfed the entire nation. However, it is argued through…
Denial of Dignified Burial to COVID-19 Patients: A Gross Violation of the Right to Die with Dignity
This blog is written by Amol Verma, a third-year B.B.A., LL.B. (Hons.) student at Chanakya National Law University, Patna. The Covid-19 pandemic has not only presented a health and financial crisis but also highlighted a crisis of faith in the last rites of a Covid-19 patient. In a tragic incident in Puducherry, the government workers were seen throwing the body of a deceased Covid-19 patient…
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