A fortnightly feature inspired by I-CONnect’s weekly “What’s New in Public Law” feature that addresses the lacuna of a one-stop-shop public law newsletter in the Indian legal space.

What’s New at LAOT

1. Talha Abdul Rahman, India’s Communal Constitution: Response by Talha Abdul Rahman (as part of the book discussion on Prof. Mathew John’s latest book, India’s Communal Constitution: Law, Religion and the Making of a People, Adv. Talha Abdul Rahman shares his critical views on the book following the discussion by Alok Prasanna Kumar so far as can be found here).

2. Ritesh Raj, Dissecting Legal Overlaps: The Redundancy Of Section 4 Of The Partition Act In Light Of Section 22 Of The Hindu Succession Act – Part I (examines the redundancy arising from the overlap between Section 4 of the Partition Act, 1893 and Section 22 of the Hindu Succession Act, 1956 and argues that applying both provisions to HJF Property creates unnecessary dual protection for dwelling houses, amounting to a complete bar on alienation of the property).

3. Ritesh Raj, Dissecting Legal Overlaps: The Redundancy of Section 4 of The Partition Act in Light of Section 22 of The Hindu Succession Act – Part II (builds on Part I and argues that the redundant provisions additionally create a loophole around the Limitation Act, and adversely impact the right of the owners to alienate the property, and hence, must be amended accordingly).

4. Cynthia Farid, Democracy in Bangladesh: Ouster of an Autocrat and an Uncertain Future – Part I (in the aftermath of Sheikh Hasina’s fall following a mass movement led by students in Bangladesh a variety of issues in the administration has been exposed. This commentary examines the constitutional question of the legal status of the interim government).

5. Cynthia Farid, Democracy in Bangladesh: Ouster of an Autocrat and an Uncertain Future – Part II (builds on Part I by discussing the bureaucratic considerations, failure of institutions and NGO-ization of student politics as part of the issues identified in the aftermath of the fall of Sheikh Hasina).

6. Cynthia Farid, Democracy in Bangladesh: Ouster of an Autocrat and an Uncertain Future – Part III (builds on Part I and Part II by discussing the possibility of a new Constitution for the country in light of new politics emerging in the country).

7. Krishna Ravishankar, Lawyers’ Exemption from the Consumer Protection Act: A Misadventure in “Judicial Cosmopolitanism”? (critiques the concurring opinion of Justice Mittal in Bar of Indian Lawyers v. DK Gandhi which exempted lawyers from the applicability of the Consumer Protection Act, 1986, through the lens of judicial cosmopolitanism).

 

Lately in Academic Articles 

1. Alok Prasanna Kumar, Judicial Discipline and Judicial Authority, Economic and Political Weekly (discusses the trend of lower courts and tribunals disregarding Supreme Court orders, attributing it to the Supreme Court’s diminishing moral authority. The article calls for the Court to restore its credibility by asserting itself against the political executive to safeguard judicial discipline across the country).

2. Nishith Prakash et al., When Criminality Begets Crime: The Role of Elected Politicians in India, The Journal of Law, Economics, and Organization (analyses the impact of electing criminally accused politicians on crime in India. Using an instrumental variable approach, it reveals that an increase in such leaders correlates with a rise in crime and negatively affects female labor force participation).

3. Mohit Yadav et al., Balancing Equitable Enforcement and Property Rights: Revisiting Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 of India, Statute Law Review (evaluates section 23 of the MWPSC Act, focusing on its interpretation, judicial reasoning, and implications for property rights. The article advocates for a balanced approach to enforce maintenance obligations while safeguarding third-party interests, drawing comparisons with international jurisprudence).

4. Andrew Chubb & Kirsten Roberts Lyer, Transnational Human Rights Violations: Addressing the Evolution of Globalized Repression through National Human Rights Institutions, Journal of Human Rights Practice, (analyses transnational human rights violations, such as digital surveillance and coercion, and proposes the creation of Transnational Rights Protection Offices within National Human Rights Institutions to address these issues and support affected individuals).

5. Oleg Yaroshenko et al., Protection of Athletes’ Rights in International Sports Organizations, Statute Law Review (discusses protecting athletes’ rights in international sports organizations, covering aspects such as dignity, health, equality, and accountability. The article reviews international standards, challenges, and practical cases to propose improvements for a fair and ethical sporting environment).

 

Listen Up

1. Jobs Beku, Reservations Beda! by All Things Policy by All things policy (discusses the Karnataka State Employment of Local Candidates in the Industries, Factories and Other Establishments Bill, 2024 and argues that such policies are detrimental to both the economy and society)

2. From IPC & CrPC to BNS & BNSS: Navigating India’s New Criminal Justice Landscape by All Things Policy (discuss the transition from the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC) to the Bharatiya Nyaya Sanhita (BNS that marks a pivotal shift in India’s criminal justice system.

3. Do Confidentiality Clauses Benefit Survivors of Sexual Harassment? with Nico Bernardi by Feminist Law (discusses about the impact confidentiality clauses (also known as NDAs) can have on survivors of sexual harassment, particularly in the workplace.

4. ‘Call me Gafoor’. This is an unapologetically personal reminiscence of AG Noorani – by the print (Discusses the life and memorable incidents from the life and legal career of AG Noorani)

5. Here’s why a Supreme Court ruling on royalty is set to hurt mining companies  by ThePrint (States can recover past tax dues but not for period before 1 April 2005 while tax arrears can be paid over a staggered period of 12 years, top court clarifies)

 

Opportunities and other things

1. Call for Papers by RGNUL Social Science Review. The last date to submit is 15 September.

2. Call for Papers by Indian Journal of Arbitration Law, NLU Jodhpur.The last date to submit is 30 September 2024

3. Call for Papers by MNLUA Aurangabad Student Law Review.The last date to submit is 15 October 2024

4. The IXth CIPR Essay Writing Competition 2024. The last date to submit is 30 September

5. Call for submission by NALSAR by First M.K. Nambiar Memorial Essay Competition. The last date to submit papers is 15 October.

 

Blogs

1. Nidhi Sharma, The Synergy of the Electoral Bonds Case and the Right to Information of Voters in Indian Democracy, IACL-AIDC Blog.

2. Sarthak Gupta, Lights, Camera, Inclusion?, Verfassungsblog.

3. Apoorva Singh, Personality Rights and the Digital Personal Data Protection Act: Safeguarding Individual Identity in the Digital Age, Centre for Communication Governance NLU Delhi.

4. Sarthak Gupta and Tarun Agarwal, Beyond the ‘Pin Drop’: Rethinking Tech-Enabled Bail Conditions, The Proof of Guilt Blog.

5. Abhinav Sekhri, Retrospective Application of BNSS and the Supreme Court Order in 1382 Prisons, The Proof of Guilt Blog.

6. Bratati Lahiri, Surpassing Tradition: Law as an Agent of Acceptance, The Journal of Indian Law and Society Blog.

7. Shreyas Sinha, De-gendering Workplace Sexual Harassment, The Journal of Indian Law and Society Blog.

8. Abhilipsa Naik and Shreya Jayakumar, Consent to Die: A Right or a Risk?, Constitutional Law Society NLUO.

9. Saumya Ranjan Dixit, Countering Non-Consensual Deepfakes: Proposing a Legal Solution, Law School Policy Review.

10. Kieran Correia, The Supreme Court’s Sub-Classification Judgment, Indian Constitutional Law and Philosophy.

 

 

This initiative was started by the Law and Other Things Student Team with the guidance of Surbhi Karwa and Anubhav Kumar.