NLS Archives | Poetry Night with R. Cheran, Poet, Playwright and Journalist

The NLS Law and Society Archives is organising an intimate poetry reading event with R. Cheran on ‘Poetry as Counter-Archives.’

About the Speaker

Dr. R. Cheran is a Tamil Canadian academic, poet, playwright and journalist. He is a professor at the University of Windsor in Canada. He has authored over fifteen books in Tamil, and his work has been translated into twenty languages and been widely anthologised. Several volumes of his work have been published in English translation including The Second Sunrise. Translated by Lakshmi Holmstrom. New Delhi: Navayana, 2010; You Cannot Turn Away. Translated by Chelva Kanaganayakam. Toronto: Mawenzi Publishers. 2011; In a Time of Burning. Translated by Lakshmi Holmstrom and Sascha Ebeling. Arc Publications, Todmorden: UK. 2013; Nirbajitha Kobita. Translated by Saubhik de Sircar in Bengali. 2018; Het verhaal van de Zea. Translated by Bhavani Thambirajah in Dutch. Assen: The Netherlands. 2018; Siembra Polo Palabras. Translated by Isabel Alonso Breto in Spanish. Barcelona: Navona Publishers. 2019; Kaatril ezuthal (Malayalam). Thiruvananthapuram: DC Books. 2020.

Related Works: Read R. Cheran’s well known poem ‘I Could Forget All This…‘ with commentary by noted translator Lakshmi Holmström.

City Events | Exhibition: Expressions of the (un)tamed

An exhibition titled ‘Expressions of the (un)tamed’ is being organised from Nov 14 to Dec 1, 2024 by the India Foundation for the Arts in partnership with Enfold and Beneathatree. The exhibition draws on material from the NLSIU-QAMRA archival project, and can be viewed at Beneathatree, Koramangala.

About the event

‘Expressions of the (un)tamed’ is a reflection on sexual and reproductive care and health through language that surrounds us. It reflects on the material that gets produced as public health messaging, and day to day conversations and lived experiences, these subtle ways in which they make and unmake our identities with our bodies. It aims to encourage critical conversations on the right to safety and dignity, and individual freedom for everyone.

This is an outcome of the Foundation Projects implemented by India Foundation for the Arts in collaboration with QAMRA Archival Project, NLSIU, Bengaluru, under the Archives and Museums Programme at IFA. The exhibition is facilitated by the Project Coordinator Komal Jain.

The exhibition began with a workshop on November 14m 2024, titled ‘Express and Create’ which involved sharing pains, joys, and healing journeys of our relationship with our bodies to create a personal sexuality guide for self.

Exhibits

The exhibition showcases nine exhibits and several must attend events that are free of cost and open to everyone above the age of 15. Here are some events by Enfold to look out for:

Impact of Criminalisation of Adolescent Consensual Sexuality: Protection vs Autonomy
By Shruthi Ramakrishnan, Associate Director-Research, Enfold
Nov 28, 24 | 2:30 – 4 PM
About the exhibition: The presentation explores the impact of the Protection of Children from Sexual Offences Act, 2012, on adolescents in consensual relationships, examining judicial trends, international norms, and responses of the higher judiciary.

Talk on Navigating the Diversity of Puberty
By Dr. Sangeeta Saksena, Co-founder, Enfold
Dec 1, 2024 | 4 – 5:30 PM
About the exhibition:
A talk on navigating the physical, sexual, and emotional aspects of development of the human body and mind. The talk explores the fallacy of gendering hormones, chromosomes and puberty and opens a window to the holistic process that puberty represents.

For more details on the exhibit and programme registration, click here.
Here is the exhibition brochure.

Faculty Seminar | Presentations by Aparajita Lath and Jai Brunner

There will be two presentations by NLS Faculty in this week’s seminar. The first presentation will be by Aparajita Lath, followed by Jai Brunner.

Presentation 1

Title: “The Indian Pharmacopoeia: Crafting A ‘Sovereign Function Exception’ Under Indian Copyright Law” by Aparajita Lath.

Abstract

Standardization of drugs and access to standards are important levers for effective drug regulation. In India, the Indian Pharmacopoeia is the official book of standards for drugs prescribed by the Central Government under the Drugs and Cosmetics Act, 1940 (D&C Act). The Indian Pharmacopoeia is legally-binding and enforceable. These law-like standards form part of the D&C Act and are necessary for its effective implementation. The standards are also government created. The Indian Pharmacopoeia Commission (IPC), described as an ‘autonomous’ organisation of the Department of Health and Family Welfare (Central Government), has a legal monopoly of creating and publishing the Indian Pharmacopoeia. However, unlike other laws, the Indian Pharmacopoeia is not openly and freely published. Instead, the Government has exploited a gap in Indian copyright law to restrict access. Indian copyright law does not put ‘government works’ or ‘government-funded works’ in the public domain. As a result, the IPC claims exclusive rights over determining the mode and manner of publication. Today, the Indian Pharmacopoeia must be purchased from the IPC.

In this context, this article questions the Government’s policy of restricting access to law-like standards such as the Indian Pharmacopoeia. It does so from the dual lens of public law considerations of access to laws and copyright incentives. The article proposes the creation of a ‘sovereign function exception’ under copyright law to force certain categories of government works into the public domain. A sovereign function exception will appropriately resolve the tensions between public interest in access to government works and the State’s interest in limiting such access.

Parts: Part II traces the history of the establishment of the Indian Pharmacopoeia and the IPC. Part III outlines the key characteristics of the IPC, and analyses the extent of State intervention in its management, financing and operations. This examination is central to understanding whether the IPC is an autonomous organisation and whether the Indian Pharmacopoeia is ‘sufficiently law-like’. To put the Indian approach of standard-setting in perspective, Part IV discusses international standard-setting approaches, using the United States and Japan, as contrasting models. Part V analyses legal and policy concerns from the dual lens of access to laws and copyright protection. Part VI recommends the creation of a ‘sovereign function exception’ under Indian copyright law.

Presentation 2

Title: “The Promise of Substantive Equality? Transplanting the Indirect Discrimination Test into India” by Jai Brunner.

Abstract

In 2021, the Supreme Court of India expressly applied an indirect discrimination analysis for the first time in Lt. Cl. Nitisha v. Union of India. Directly borrowing the test formulated by the Canadian Supreme Court in Fraser v. Canada, the Court held that the Indian Army’s recruitment practices indirectly discriminated against certain women officers, in violation of Article 15(1) of the Constitution. In laying down the test of indirect discrimination, the Court emphasised that its overarching aim was to further substantive equality, in particular a version of substantive equality formulated by Sandra Fredman. However, as Vandita Khanna has shown, the Court lays down standards that fall short of this stated aim, thus risking ‘[to dilute] substantive equality…to rhetorical flourish’. How could the judgment have so fatally undermined itself? I ask whether the Court’s conceptual confusion is symptomatic of an underlying flaw in the Court’s reasoning? I examine the Court’s method for formulating the test of indirect discrimination – legal transplantation. I argue that the judgment engages in a type of comparative reasoning that is highly formalistic and abstract. The Court transplants Canadian doctrine into India in a manner that presumes that law is universal, irrespective of social context. The Court’s comparative method is divorced from what Mari Matsuda calls the ‘concrete realities of social life’. I argue that to completely abstract law out of the social context within which law exists, is not consistent with the mandate of substantive equality. Thus, though the Court sets forth to develop anti-discrimination doctrine with the stated aim of furthering substantive equality, it undermines itself by using a method of comparative law that is inconsistent with substantive equality.

Kannada Rajyotsava Celebration

The NLSIU student community is celebrating Kannada Rajyotsava through a series of activities on campus this November. The occasion marks the formation of Karnataka on November 1, 1956, through the merger of Kannada-speaking regions under the States Reorganisation Act. As a celebration of rich culture, heritage, and unity, here are the events being organised by the students:

Events

Movie Screening | ‘Paramathma’ (2011)

When: Wednesday, 13th November ,2024 | 4:00 PM to 7:00 PM

Where: NAB

Film: Paramathma, directed by Yogaraj Bhat, is a Kannada romantic comedy starring Puneeth Rajkumar and Deepa Sannidhi. Celebrated for its unique, metaphorical narration, the film has gained cult status.

Ethnic Day  

When: Friday, 15th November, 2024 | 10:50 AM to 11:10 AM

Where: OAB Quad

Activities: A flash mob, followed by the singing of Naadageethe, the state anthem of Karnataka. The State anthem, Jaya Bhārata Jananiya Tanujāte, Jaya Hē Karnāṭaka Māte, composed by Rāṣṭrakavi Kuvempu, celebrates the pride, strength, and heritage of Karnataka and has been the official state anthem since 2004.

Seminar by Centre for Labour Studies | Shaping the Future of Work: Strengthening Protections for Gig and Platform Workers in India

The Centre for Labour Studies (CLS) at NLSIU is organizing a day-long seminar at its campus, as well as online, on November 16, 2024. The event will feature panel discussions exploring various aspects of gig and platform work, with the aim of collaboratively developing recommendations for stronger labour protections.

The seminar will also be streamed online. You can watch the seminar via this Zoom link
Zoom Meeting ID: 970 9289 4199
Zoom Passcode: 861007

Concept Note 

In July of 2024, the Karnataka Government released to the public for comments ‘The Karnataka Platform Based Gig Workers (Social Security and Welfare) Bill,’ a draft legislation intended to regulate working conditions of gig and platform workers across the state. With the introduction of this bill, Karnataka became the third state in the country after Rajasthan and Jharkhand to legislate on matters concerning gig and platform workers rights. Since then, states including Kerala and Telangana, have expressed their intention to introduce comparable laws. Additionally, the central government has recently appointed a committee to explore extending social security and welfare benefits for gig and platform workers nationwide.

This surge in legislative efforts is significant, especially as gig and platform work becomes a dominant source of livelihood for many in India’s workforce. As per a 2022 Niti Aayog report, gig and platform workers are likely to expand to over 23.5 million by 2029-30. While platform work has emerged as a dominant alternative to traditional work, it is also plagued by precarious working conditions including in relation to pay, hours of work, freedom of association and new challenges such as algorithmic and AI-related discrimination engendered by specific nature of platform work.

In this context, recent government efforts to regulate this sector are a welcome development. However, there has been limited in-depth analysis of the scope, content, or practical benefits of these different legal frameworks for workers. Furthermore, public discussions on what constitutes ideal worker protections for gig and platform workers in India — especially in comparison to evolving international standards and recent developments in Europe — have been lacking.

To address these gaps, the Center for Labour Studies (CLS) at NLSIU is organizing a seminar from 10 AM to 5:45 PM at its campus. The event will feature panel discussions exploring various aspects of gig and platform work, with the aim of collaboratively developing recommendations for stronger labour protections. With many of the proposed laws still in draft form, CLS hopes that the insights and recommendations from the seminar will prove beneficial for gig and platform workers, their unions, and civil society organizations advocating for stronger and more effective worker protections in their states and with the central government.

Related Publications

Schedule

Timings Panel
10:00 AM to 10:15AM Welcome and Introduction to seminar

Saurabh Bhattacharjee, Center for Labour Studies, NLSIU

10:15 AM to 11:30AM Panel 1: Situating Working Conditions of Platform Workers

Despite narratives of flexibility and high pay, platform work has come to be increasingly characterized by precarious and uncertain conditions. In 2021, the International Labour Organization (ILO) reported that platform workers in India earn 60-80% less than those in traditional labour markets. More recent studies have revealed alarming working conditions, including perilously long working hours, physical and mental health issues and workplace violence. This panel will feature insights from recently released reports offering in-depth analyses of the labour conditions faced by gig and platform workers across the country.

Panelists: 

1. Balaji Parthasarthy, Fairwork India

2. Vinay Sarthy, Karnataka United Food Delivery Partners Union

Moderator:

Madhulika, Center for Labour Studies, NLSIU

11:30 AM to 11:45 AM Tea/Coffee Break
11:45 AM to 1:00 PM Panel 2: Misclassification and Definitional Challenges

The central issue at the heart of regulating platform work globally has been the question of whether individuals engaged in gig and platform work can be legally recognised as workers.

This panel will delve into global jurisprudence on this topic, including the recently enacted EU Platform Work Directive and various court rulings from the United Kingdom and other jurisdictions. Additionally, the panel will examine how the legal definition of a “worker” has been interpreted in the Indian context and will explore various legal approaches and tests to tackle the complex challenge of defining “worker” status for those engaged in platform-based work in India.

Panelists:

1. Gayatri Singh, Senior Advocate, Bombay High Court

2. Saurabh Bhattacharjee, Center for Labour Studies, NLSIU

Moderator:

Madhulika, Center for Labour Studies, NLSIU

1:00 PM to 2:00 PM  Lunch
02:00 PM to 3:15 PM Panel 3: Earnings and Social Security 

Across India, recent legislative efforts — from the 2023 Rajasthan Act to upcoming bills in Karnataka and Jharkhand — are focused on extending social security to gig and platform workers. Complementing these state initiatives, the central government’s Code on Social Security also aims to bolster protections for this workforce.

This panel will explore the scope and impact of these social security measures, evaluating their adequacy, identifying potential gaps, and discussing the future of just social security protections for workers in India’s evolving platform economy.

Panelists:

1. Professor Mohan Mani, Center for Labour Studies, NLSIU

2. Roopa Madhav, Vidyashilp University

Moderator:

Sathyanand Mukund, All India Trade Union Congress (AITUC)

3:15 PM to 4:30 PM Panel 4: Freedom Of Association and Collective Bargaining

The atomised nature of platform work poses significant barriers to building collective power, often hindering unionisation efforts. Gig and platform workers, classified as self-employed, frequently face legal obstacles to organizing and engaging in collective bargaining.

This panel will examine these challenges and explore innovative regulatory frameworks that promote freedom of association and support the growth of worker power in the gig and platform economy.

Panelists:

1. Professor Babu Mathew, Center for Labour Studies, NLSIU

2. Clifton D’Rozario, All India Central Council of Trade Unions

Moderator:

KV Bhat, All India United Trade Union Centre (AIUTUC)

4:30 PM to 5:45 PM Panel 5: Algorithm and Conditions of Work 

Contrary to the myth of “being your own boss,” platform workers face intense surveillance and workplace monitoring through opaque algorithmic management systems that control their pay, work hours, and overall working conditions. These systems introduce new forms of discrimination, extensive data capture, and uncertainty, tightening corporate control over workers’ lives.

This panel will examine how the algorithmic black box impacts workers and explore ways they can fight back to retain control over their lives in the workplace.

Panelists:

1. Nandini Chami, IT for Change

2. Devyani Pande, NLSIU

3. Elisa Pannini, University of Greenwich

Moderator:

Vijetha Ravi, Center for Labour Studies, NLSIU

About Centre for Labour Studies, NLSIU 

Centre for Labour Studies (CLS) is an autonomous Centre within the National Law School of India University (NLSIU). It has been set up as a multidisciplinary Centre to be able to address various issues that define regulation and governance in employment relations. It seeks to primarily engage with five issues: labour law and regulation; trade unions and collective bargaining; labour law governance, with focus on the Karnataka Labour Department; understanding employment relations and structure of industry in select sectors of informal and formal employment; precarious work and forced labour.

About Rosa Luxemburg Stiftung

The Rosa Luxemburg Stiftung (RLS) is a German-based foundation working in South Asia and other parts of the world on the subjects of critical social analysis and civic education. It promotes a sovereign, socialist, secular, and democratic social order, and aims to present members of society and decision-makers with alternative approaches to such an order. Research organisations, groups working for social emancipation, and social activists are supported in their initiatives to develop models that have the potential to deliver social and economic justice.

This seminar is sponsored by the Rosa Luxemburg Foundation e.V. with funds of the Federal Ministry for Economic Cooperation and Development of the Federal Republic of Germany.

Featured in the press

Deccan Herald | Lawyers, activists and scholars moot equal pay for equal work for gig workers

Talk on ‘Bangalore: the IT city that could (but doesn’t)’ | HUPA Chair on Urban Poor and the Law

NLSIU’s HUPA Chair on Urban Poor and the Law is organising a talk titled ‘Bangalore: the IT city that could (but doesn’t)’, being delivered by Dr Padmini Ray Murray.

About the talk

Despite the ubiquitous moniker of being the “IT city” there is very little evidence of how digital technology can be meaningfully beneficial for Bengaluru’s citizens. Even in times of crisis, such as the pandemic, citizens scrambled to create their own digitally mediated informal responses such as WhatsApp groups and websites: but despite the city’s much vaunted technological readiness, very little of the state’s resources could be harnessed in service of citizen needs. In this talk, Dr Padmini Ray Murray describes how access to technology by citizens, especially those on the margins and disenfranchised such as gender and sexual minorities as well as the disabled, is not sufficient and meaningful unless the city itself imagines itself as an interface for citizens to benefit from state resources, and will discuss recommendations for the same.

About the speaker

Dr Padmini Ray Murray is a feminist researcher, maker and the founder of Design Beku — a collective of researchers, artists, technologists and designers who work towards making design and digital practice more locally rooted, community-led, contextually relevant and ethical. Her research and practice focuses on challenging acts of infrastructural and algorithmic violence, and creating alternative digital spaces and imaginations that are characterised by feminist values, specifically an ethics of care. Design Beku has partnered with a range of community based organisations and NGOs such as Enable India, Point of View, Sangama, Maya Health, and Janastu on projects which range from feminist digital interventions, public health, and digital self determination for people with disabilities.

Gallery

NLS Faculty Seminar | Towards a Pluralistic and Engaged Legal Education: Insights from UVic Law

(Source: University of Victoria Law School)

In this week’s faculty seminar, guest speaker Prof. Andrew Newcombe from the University of Victoria, Canada, will give a talk titled ‘Towards a Pluralistic and Engaged Legal Education: Insights from UVic Law.’

Abstract

This presentation will explore the evolving regulatory framework shaping legal education in Canada and examine how Canadian law schools — especially UVic Law — are responding to these changes. With the Federation of Law Societies of Canada updating the national requirement for the common law degree, provincial law societies introducing new competency frameworks, and a series of reports criticizing legal education in Canada, there is pressure for change. Canadian legal education must address the country’s colonial legacy, the treatment of Indigenous peoples and the resurgence of Indigenous legal orders.

Since its founding, UVic Law has led the way in innovative approaches to legal education, adopting a critical, interdisciplinary, and policy-oriented perspective that views law as a dynamic and contextual process. UVic Law aspires to provide a pluralistic and integrated legal education that is interdisciplinary, experiential, and deeply engaged with community. This commitment is evident in both its common law JD program and its ground-breaking joint degree programs in Canadian common law and Indigenous legal orders (JD/JID). The presentation will highlight the Faculty’s existing curriculum and discuss potential innovations for the future.

About the Speaker

Professor Andrew Newcombe has been a faculty member at the Faculty of Law, University of Victoria since 2002. In 2022, he was appointed Associate Dean, Academic and Student Relations. Before joining the faculty, he articled and practised as an associate with a midsize law firm in Vancouver. After pursuing his LLM, he worked with the International Arbitration and Public International Law groups at Freshfields Bruckhaus Deringer in Paris.

Professor Newcombe teaches Contracts, International Arbitration and International Trade Law. He is an internationally recognized scholar in international investment law and arbitration. In 2004, he created  ita (investment treaty arbitration): a leading international research website focused on international investment treaty law and arbitration. Amongst other publications, he is the co-author of a leading treatise, Law and Practice of Investment Treaties: Standards of Treatment, and co-editor of Sustainable Development in World Investment Law. In addition to his academic work, he has advised governments, investors and non-State actors, and acted as counsel and arbitrator in international arbitrations.

Book Talks@NLS Library | Ambedkar’s Political Philosophy: A Grammar of Public Life from the Social Margins

The NLSIU Library Committee is organising a book talk at the NLS Library by Valerian Rodrigues on his book ‘Ambedkar’s Political Philosophy: A Grammar of Public Life from the Social Margins.’ The talk will take place from 5 pm to 6:30 pm. This is the first public discussion of Prof. Valerian’s book.

Panelists:

Valerian Rodrigues, Former Professor, Centre for Political Studies, JNU (Author of the book)
Shruti Kapila, Professor of History and Politics, University of Cambridge, and Visiting Professor, NLSIU
Arvind Narrain, President, PUCL, Karnataka

Moderator: Chandrabhan Pratap Yadav, Assistant Professor, Social Science, NLSIU

This event is open to the public and registration for members outside of the NLSIU community is mandatory to attend the event. To register, click here.

About the book

This study is organized around a set of key concepts that Ambedkar, the Indian thinker and leader of the socially marginalized, proposed to reconstruct public life, factoring in oppression and degradation. This framework conceived human beings as endowed with a distinct set of attributes entitling them to consideration as moral equals despite other differences among them. It also accorded a procedural priority to consciousness in human understanding. Ambedkar deployed this framework to contend against social institutions of caste, untouchability, and other forms of marginalities and to interrogate texts, traditions, and modes of social dominance. Ambedkar regards justice as foundational to modern societies. It called for ‘initial equality’ across its members while recognizing desert. All differential accomplishments, however, cannot be rewarded or compensated. Democracy is an essential requirement to resolve competing claims. As a self-governing mode of rule, democracy affords access to its members to multiple avenues of reach, learning, and enablement. Nationalism, a distinctive bond that precipitates with the entry of the masses into the political arena, is justiciable only if it has a definitive tilt towards democracy. Social relations, however, are caught in trappings of power across levels of a social ensemble. Control over state power is an indispensable condition to undermine dominance and enable the commons. The representational, constitutional, and institutional architecture of power must be geared to this end. Such a pursuit needs to be secured through an apt moral anchor shored up through religious sanctions. In Ambedkar’s view only Buddhism can measure up to this demand.
(Source: Oxford University Press)

About the author

Valerian Rodrigues is currently a Jawaharlal Nehru University Fellow, Nehru Memorial Trust, New Delhi, and former Professor, Centre for Political Studies, Jawaharlal Nehru University. He has taught at Mangalore University, Karnataka (1982-2003) and Jawaharlal Nehru University (2003-2015). Rodrigues has been National Fellow of the Indian Council of Social Science Research (ICSSR) (2015-17) and Ambedkar Chair, Ambedkar University, Delhi (2017-2018). He has also been Visiting Scholar and Professor at Erfurt University (2012), Wuerzburg University (2011, 2015), and Simon Fraser University (2019), and Fellow of St. Antony’s College, Oxford University (1989-1991), Indian Institute of Advanced Study, Shimla (1999-2001), and Max Weber College, Erfurt (2012).
(Source: Oxford University Press) 

Excerpts from the talk

On ‘frames’ of thinking

“A thinker has a kind of substratum on which he builds up his positions. What is that substratum? People have called it different things. You could call it ‘epistemic,’ you can call it ‘frame’. Say for example, Professor Amartya Sen calls it a ‘frame’. You can call it whatever term that you use. I was interested, what is the frame of thinking that this man [Ambedkar] employs to take up the kind of stances that he takes? And that remains invariant over the changes.”

The Ambedkar-John Dewey connection

“How does he [Ambedkar] go about thinking? … Recently there have been a lot of people who have been writing the connection between the American philosopher, John Dewey, and Babasaheb Ambedkar and some of them even have reduced Ambedkar into a footnote of John Dewey. I thought that these are claims that are not warranted.”

‘Being’ vs ‘Consciousness’

“Ambedkar thinks that ‘consciousness’ is primary for understanding and rejects the central Marxist thesis of primacy of ‘being’ over ‘consciousness.’ Ambedkar just reverses it and begins to say ‘consciousness’ is before and ‘being’ is defined by ‘consciousness.’ But this is not a two way process, but deeply interactive processes wherein consciousness undergoes changes but the nature of being also undergoes changes because you don’t merely think but you also act.”

Ambedkar’s idea of the ‘human’

“I think the idea of the ‘human’ is quite central to Ambedkar and, Ambedkar begins to begin to dwell extensively on that. The concept of ‘rights’ are dependent upon the idea of the ‘human’ and Ambedkar comes very strongly to argue the concept of ‘human dignity,’ that there is a unique dignity that people have and that dignity goes into making them as equal … The idea of ‘conscience’ is also quite central to Ambedkar and he also critiqued the tradition by invoking this idea. Ambedkar rejects the idea of ‘God’ and man and I hope, you know, an argument which he makes in ‘The Buddha and His Dhamma,’ I put it there in the idea of the human because he thinks eventually humans have to take charge of their own lives. They have to take charge, they have to be responsible and the idea of ‘God’ and the idea of the ‘soul,’ etc., do not allow human beings to take charge of themselves.”

NLS Faculty Seminar | The Foral of 1526 and the Politics of Land in Goa

We begin the new term with a faculty presentation by guest speaker Dr. Rochelle Pinto from Azim Premji University.

Abstract 

This essay revisits the historiography around the Foral of 1526, the initial document that embedded the Portuguese colonial state within the gāuṇkārī, a form of agrarian landholding in Goa. In the centuries that followed, complaints about revenue arrangements concerning the gāuṇkārī held the state accountable to the terms of the Foral as a pact that had been violated. These complaints appeared frequently enough to be an impetus to reread the document. The essay suggests that while these invocations of the Foral may have disingenuously over-read its pact with the gāuṇkārs, the issuing of the document implied a political relation between the monarch and the gāuṇkārs that tends to be elided in economic histories. Rereading the Foral against both, other kinds of sixteenth-century documents issued by the state in Goa, and against prior forais, helps revisit the political connotations and structures that the document may have introduced to its codification of the claims of the gāuṇkārī.

About the Speaker

Rochelle Pinto teaches English at Azim Premji University, Bangalore. Her interests include nineteenth century land disputes, and the relation between ethnography and the colonial novel. Her two books are Between Empires – print and politics in Goa (OUP, 2007) and Translation, Script and Orality – becoming a language of state (Orient BlackSwan, 2021). She was research fellow at the L’Institut d’Études Avancées, Nantes, 2019-20, the Nehru Memorial Museum and Library, New Delhi, 2015-2017, and CSDS, Delhi, 2014-2015. She taught English at Delhi University, and at CSCS, Bangalore, where she co-directed a project, ‘Archive and Access’, between 2009-2011.

NLS Faculty Participate in the 10th International Conference on International Law by ISIL

Faculty members of NLSIU will be participating in the 10th International Conference on International Law being organised by the Indian Society of International Law (ISIL). The conference is taking place from October 25 – 27, 2024 at the India Habitat Centre, New Delhi, India. The keynote address is being delivered by the NLSIU Vice-Chancellor, Prof. (Dr) Sudhir Krishnaswamy.

Dr. Govindraj G. Hegde, Associate Professor of Law, NLSIU, will be chairing sessions at the conference, while two panels will feature the following NLS faculty members:

Panel 1 – Teaching International Law 

Dr Akhila Basalalli, NLSIU Bangalore
Dr Ashna Singh, NLSIU Bangalore
Dr Srinivas Burra, South Asian University
Ms Rohini Sen, Jindal Global Law School
Ms Dhanushka Medawatte, Colombo University, among others.

This panel examines the dominant narratives and teaching pedagogy of international Law.

  • Akhila Basalalli traces a pattern of inward-looking normativity of international law and examines if the teaching pedagogy in global south is oblivious to the growing integration between the international and domestic legal systems.
  • Ashna Singh argues that the teaching of critical international law through a well-articulated TWAIL framework exists but doesn’t yet properly account for the material and epistemological dimensions of caste.
  • Srinivas Burra approaches the pedagogy of international law navigating between mainstream and critical.
  • Rohini Sen uses two feminist pedagogical techniques – standpoint theory and relational analysis to unpack the category of ‘expert’ and ‘expertise’ in the domain of international legal knowledge-making through teaching.
  • Danushka S. Medawatte argues that the pedagogues of international law are situated in the heart of a crisis which puts in juxtaposition international laws’ moral authority that decays through its double standards for the global south and north; and, international laws’ rejections within the socio-legal spheres of the global south.

Panel 2 – Challenges in Dispute Settlement in International Economic Laws 

Dr Harisankar Satyapalan, NLSIU Bangalore
Mr Arnav Sharma, NLSIU Bangalore
Ms Ronjini Ray, NLSIU Bangalore
Dr Saravanan, IIM Ahmedabad, among others.

This panel deals with issues related to settlement of disputes in the area of international economic laws, including international commercial arbitration, international investment arbitration and international trade law.

  • Dr. Sathyapalan explores how various jurisdictions have applied the ‘commercial’ element in international arbitration to include or exclude ‘investment’ treaty arbitration from the scope of jurisdiction of national courts.
  • Dr. Saravanan A examines the impact of amicus curiae submission on outcome of international investment awards while focusing on the development of transparency and public participation within India’s Model BIT.
  • Ms. Ronjini Ray analyses the impact of EC Enforcement Regulation (No 2021/167) on trade disputes involving developing countries at the World Trade Organisation (WTO) in the absence of the Appellate Body.
  • Mr. Arnav Sharma explores an Indian approach to dispute settlement in Free Trade Agreements with respect to sustainability issues, specifically looking at labour and environment chapters.

About ISIL

The Indian Society of International Law (ISIL), a premier national institution for teaching, research and promotion of international law in India was established in 1959, primarily due to the efforts of the late V.K. Krishna Menon, Former Defence Minister. Inaugurated by Pandit Jawaharlal Nehru, the first Prime Minister of India, ISIL has carved a niche for itself among the community of international lawyers throughout the world. This would not have been possible but for the hard work of giants like Judge Nagendra Singh, Dr K. Krishna Rao, Mr. G. S. Pathak, Justice R. S. Pathak, Mr. Ram Niwas Mirdha, Prof. M. K. Nawaz, Prof. Upendra Baxi, Prof. R.P. Anand, Prof. Rahmatullah Khan and a host of others.