India

A duty to implement affirmative action/reservations for India and South Africa?

A duty to implement affirmative action/reservations for India and South Africa?

A recent Indian Supreme Court judgement, Mukesh Kumar & Another v State of Uttarakhand & Others, held that there is no right to affirmative action under Article 16(4) of the...
Dilution of the Presumption of Innocence Principle in India

Dilution of the Presumption of Innocence Principle in India

In two cases decided in 2019, the Bombay and Calcutta High Courts adopted diverging positions regarding the applicability of the reverse onus clause contained in Section 29 of the Protection...
Younger women, older men: The perpetuation of gender discrimination through minimum legal age for marriage

Younger women, older men: The perpetuation of gender discrimination through minimum legal age for marriage

In India, the minimum legal age for marriage is different for men and women. Section 4(c), Special Marriage Act, 1954 requires a male to have completed 21 years of age...
Comparative Human Rights Law Book Launch: Sandy Fredman in Conversation with Justice S. Muralidhar

Comparative Human Rights Law Book Launch: Sandy Fredman in Conversation with Justice S. Muralidhar

This is a special episode of RightsUp, which takes Sandy Fredman’s new book, Comparative Human Rights Law, as a starting point for global conversation around the role of law, lawyers,...
Equal Pay for Equal Work? Flaws in the Indian Law

Equal Pay for Equal Work? Flaws in the Indian Law

The Equal Remuneration Act 1976 (‘ERA’), a legislation in India dealing with equal pay for equal work for men and women, was repealed in August 2019, and replaced by the...
The sex discrimination argument for LGBTQ rights: Contrasting the US with India

The sex discrimination argument for LGBTQ rights: Contrasting the US with India

In October 2019, the United States Supreme Court heard arguments on a question of law that might shape the trajectory of LGBTQ rights for the years to come. The court...
The Communications Blackout in Kashmir: The Rebirth of a ‘National Security’ Court?

The Communications Blackout in Kashmir: The Rebirth of a ‘National Security’ Court?

On October 1st, the Indian Supreme Court heard petitions relating to the media and communications blackout in Jammu and Kashmir (J&K) following the government’s effective abrogation of Article 370 on...
Failure of the Indian Supreme Court to Protect the Rights of Dalits

Failure of the Indian Supreme Court to Protect the Rights of Dalits

The Indian society is characterised by a caste system, which is a hierarchical social stratification based on descent and occupation. Members of the scheduled castes, also referred to as Dalits...
Human Rights and Internet Shut-Downs in Jammu & Kashmir

Human Rights and Internet Shut-Downs in Jammu & Kashmir

The developments in Valleys of Jammu and Kashmir (hereinafter J&K or valley) has witnessed innumerable counts of pre-emptive internet shut downs. Amidst the recent political disruption, this is the 54th...
The Eroding Foundations of Freedom of Information in India

The Eroding Foundations of Freedom of Information in India

The right to information is often understood as essential for the effective exercise of the right to expression, including within the latter’s ambit, not just information disseminators, but also information...
Constitutionality of India’s Unlawful Activities (Prevention) Amendment Bill, 2019: India’s McCarthyism Moment

Constitutionality of India’s Unlawful Activities (Prevention) Amendment Bill, 2019: India’s McCarthyism Moment

In a chilling throwback McCarthyism in the United States, India’s Parliament has passed the Unlawful Activities (Prevention) Amendment Bill, 2019 which will allow the Central government to designate individuals as...
Non-abyssal and Ableist Indian Supreme Court: The Abyssal Exclusion of Persons with Disabilities

Non-abyssal and Ableist Indian Supreme Court: The Abyssal Exclusion of Persons with Disabilities

The famous critical thinker, Santos, has forcefully argued that critical theorists and social scientists have never acknowledged the existence of an abyssal line. The conception of an abyssal line draws...

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