The Meld Model: The Holy Grail of Indian Corporate Jurisprudence
January 26, 2022
Is a model of a theory of Indian corporate jurisprudence effable? This paper posits that jurisprudence of Indian corporate law is desirable and possible. Given the relative nascence of the Companies Act 2013, Insolvency &…
Cartel Leniency Program in India: Why No Race Here?
December 21, 2021
This study analyses the implementation of the cartel leniency program by the Competition Commission of India using comprehensive data and finds a distinct lack of a ‘race’ to the agency. It specifically focuses on why…
Is Platform Work Decent Work? A Case of Food Delivery Workers in Karnataka
December 8, 2021
This study is a contribution to the understanding of jobs in platform economy or gig economy. It attempts to examine the earnings of platform workers and explores their experiences on the job in Bengaluru. The study documented below the minimum wage earnings despite long work hours well beyond 8 hours on average per day for most platform workers engaged in various food delivery platforms in Karnataka.
Gender, Human Rights and Law : 2021 : Vol. 10
October 1, 2021
The Mental Health Care Act, 2017 is a recent legislation, repealing the earlier law on the topic, that is, the Mental Health Act, 1987. The 2017 Act is a legislation introduced to upgrade the legal…
Gender, Human Rights and Law : 2020 – Vol. 9
September 1, 2021
Gender morality is explored in “The Hindu Widow” by Ananya Hassan Satish as well as rights of sex workers by Himani Chauhan Areas of family law are explored through succession laws, Muslim personal law reforms…
Legal Barriers to Accessing Safe Abortion Services in India: A Fact Finding Study
August 16, 2021
The article authored by Aparna Chandra, Mrinal Satish, Shreya Shree and Mini Saxena, is a result of a collaborative exercise between Center for Reproductive Rights, National Law University, Delhi and NLSIU. The report documents legal barriers faced by women in accessing safe abortion services, and the harm caused to women due to such barriers. Based on its findings, the report suggests measures for rights-oriented law reform.
The History of the New Labor Codes in India
July 1, 2021
The article aims to enrich reflections on the impact that labour law and the combination of sectoral policies can have on sustainable economic growth. Against a formalist approach, the intent is understanding how labour law can contribute to preserving and raising living standards and the planet’s health by introducing environmental issues (which are still conceived exclusively as universal) into local and corporate labour policies.
The Journey of Labour Regulation
February 28, 2021
More than 95% of working women are engaged in informal work. There is a similar over-representation of socially and economically marginalized groups – Dalits, Adivasis, Muslims, and OBCs. In the light of the recent presidential grant to three acts – the Code on Social Security, Industrial Relations Code and the Occupational Safety, Health and Working Conditions Code, this article seeks to understand its impact.
Feminism and its Discontents: Punishing Sexual Violence in India
January 25, 2021
Mapping the responses of feminist groups to the J. S. Verma Committee, this article underscores inconsistencies between the positions on defining sexual offences on the one hand and suggesting appropriate punishments on the other. It argues that the absence of engagement around complex issues of criminal law and sentencing not only left feminists divided on the outcome in Mahmood Farooqui’s case but also revealed unintended consequences of the newly introduced law on rape.
Penological Justifications as Sentencing Factors in Death Penalty Sentencing
January 20, 2021
When the Supreme Court of India upheld the constitutionality of the death penalty in Bachan Singh v. State of Punjab in 1980, it also laid down a sentencing framework for subsequent sentencing courts. This article argues that it is not within the mandate of sentencing judges to invoke penological theories as separate sentencing factors in individual cases when deciding between life imprisonment and the death sentence.
Consumer Protection in Electronic Commerce and Online Dispute Resolution Through Mediation
November 28, 2020
This chapter focuses on consumer protection in E-Commerce in India and the success of online dispute resolution through mediation initiative carried out by National Law School of India University, Bengaluru.
The Evolution of the Right to Property in India: From a Law and Development Perspective
November 19, 2020
Looking at Article 31 and its initial amendments from a “law and development” perspective provides a critique of the current narrative of “conflict” and offers an alternative interpretation of its history. The paper argues that rather than arising from the pursuit of either authoritarian socialist planning or an egalitarian social revolution, the travails of the Article came in the context of India’s quest for economic modernity through a process of “passive revolution”.