New Beginnings: Indian Rights Jurisprudence After Puttaswamy

Puttaswamy v Union of India was a watershed judgment in Indian rights jurisprudence. This Special Edition of the U of OxHRH J explores the impacts of Puttaswamy and considers, as Atrey and Bhaita, argue if this is the beginning of Constitutionalism 3.0. Guest Editors, Shreya Atrey and Gautam Bhatia have pulled together leading scholars and practicioners in India and around the world to reflect on India’s constitutional rights jurisprudence. Each article is accompanied by a short response that reflects back on Indian case law through a comparative law lens.

A special thanks to Guest Editors, Shreya Atrey and Gautam Bhatia for the tireless efforts in producing this special edition! They hope that reader will be “able to appreciate the immense potential in Puttaswamy for serving as an emblem of resistance for struggles of individual freedom and social justice”

Special Edition of U of OxHRH J-New Beginnings: Indian Rights Jurisprudence After Puttaswamy

Shreya Atrey and Gautam Bhatia-‘New Beginnings: Indian Rights Jurisprudence After Puttaswamy’ (2020) 3(2) U of OxHRH J 1

Vrinda Bhandari and Karan Lahiri, ‘The Surveillance State, Privacy and Criminal Investigations in India: Possible Futures in a Post-Puttaswamy World’ (2002) 3(2) U of OxHRH J 15

• Cora Chan, ‘The Judicial Role in the Surveillance State’ (2020) 3(2) U of OxHRH J 47

Aparna Chandra, ‘Proportionality in India: A Bridge to Nowhere’ (2020) 3(2) U of OxHRH J 55

• Paul Craig, ‘Proportionality and Constitutional Review’ (2020) 3(2) U of OxHRH J 87

Malavika Prasad and Gaurav Mukherjee, ‘Reinvigorating Bicameralism in India’ (2020) 3(2) U of OxHRH J 96

• Anthony Mughan, ‘Comparative Bicameralism: A Survey of Global Approaches’ (2020) 3(2) U of OxHRH 117

Suhrith Parthasarathy, ‘An Equal Right to Freedom of Religion: A Reading of the Supreme Court’s Judgment in Sabarimala’ (2020) 3(2) U of OxHRH J 123

• Lucy Vickers, ‘A Common Denominator: The Role of the Anti-Exclusion Principle in Freedom of Religion Cases’ 3(2) U of OxHRH J 151

Severyna Magill, ‘The Right to Privacy and Access to Abortion in a Post-Puttaswamy World’ (2020) 3(2) U of OxHRH J 160

• Mara Malagodi, ‘Intersectional Inequalities and Reproductive Rights: An India-Nepal Comparison’ (2020) 3(2) U of OxHRH J 195

Agnidipto Tarafder and Adrija Ghosh, ‘The Unconstitutionality of the Marital Rape Exemption in India’ (2020) 3(2) U of OxHRH J 202

• Byran Dennis Gabito Tiojanco, ‘Should the Indian Supreme Court Scrap the Martial Rape Exemption’ (2020) 3(2) U of OxHRH J 236