Brazil’s ‘fake news’ bill threatens to harm internet freedom and individual rights
The Brazilian Senate approved a bill to fight fake news on 30 June 2020. The bill now goes to the lower house and will need the President’s approval afterwards. This...
Rethinking Patients’ Privacy in light of the Coronavirus Epidemic in India
The past months have truly tested our global healthcare systems with over 5,240,000 confirmed cases of the novel coronavirus (COVID-19). Many countries are at the stage of ‘community outbreak’ with...
Should the Indian Supreme Court Scrap the Marital Rape Exemption?
Judges always have at the ready some doctrinal basin to wash their hands of moral complicity.
The Unconstitutionality of the Marital Rape Exemption in India
The marital rape exemption reinforces the patriarchal stereotype that women have no sexual freedom or autonomy within marriage.
Intersectional Inequalities and Reproductive Rights: An India-Nepal Comparison
Recent judgments from India and Nepal are steeped in an intersectional understanding of inequality as a necessary approach to realise women’s reproductive rights....
The Right to Privacy and Access to Abortion in a Post-Puttaswamy World
The new right to privacy could address the cultural and economic realities that exist within India which affect women’s access to reproductive healthcare....
Comparative Bicameralism: A Survey of Global Approaches
Bicameral relations are not static and the longer-term trend has been for upper houses to become less influential.
Proportionality and Constitutional Review
There is a temptation to think that issues of normative choice and balancing are more complex in public than private law. This should be resisted.
Reinvigorating Bicameralism in India
The bicameral structure of government was constitutionally designed to serve functions that enhance the autonomy of the individual.
Proportionality in India: A Bridge to Nowhere?
The Indian Supreme Court’s invocation of the structured proportionality test is a bridge to nowhere....
The Judicial Role in the Surveillance State
The courts’ responsibility to check abuses of power is heightened in a context where secrecy reigns....
The Surveillance State, Privacy and Criminal Investigation in India: Possible Futures in a Post-Puttaswamy World
With a strong conception of privacy focussed on individual liberty after Puttaswamy, there is now a starting point for insisting on judicial oversight of surveillance.
