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. Vrinda Chaturvedi, Tuvalu: A Sinking Definition of Floating Statehood. (Tuvalu, a Pacific island nation, plans to transition into a Digital Nation as rising sea levels threaten its physical existence. This piece examines the legal basis for this move under the Montevideo Convention’s criteria for statehood and explores its implications for international law.)

2. Rishit Soni, Hear the Other Side: Critiquing Prisoner’s Right to Procreate From the Spouse’s Perspective – Part – I & Part – II. (Several High Courts have recognized prisoners’ right to procreate as part of “personal liberty.” This article critiques the lack of clarity and arbitrariness in such decisions, emphasizing the need to consider the rights of prisoners’ spouses.)

3. Prabhash Pandey and Praseem Patel, Preserving Democratic Integrity: Analyzing Electoral Bonds Judgement in Light of Ely’s Judicial Review Framework – Part – I & Part – II. (John Hart Ely established a framework for judicial review in his seminal work ‘Democracy and Distrust’. Utilizing this framework, the article analyses the recent Electoral Bonds judgment and demonstrates its applicability in this context.)

4. Anshul Dalmia, A Case for Intellectual Bias as a Ground for Recusal: A Rejoinder. (The article responds to Sarthak Sahoo’s critique of intellectual bias as a ground for judicial recusal, offering a counter-perspective. It also revisits the author’s earlier views on intellectual prejudices in the Indian judiciary.)

5. Rajyavardhan Singh, On Calcutta High Court’s Refusal to Restrain Media (Trials): A Case for Limiting Article 19(1)(a). (The article critiques the Calcutta High Court’s decision in Sandipan Ghosh v. Union of India to allow media trials, arguing that they threaten the presumption of innocence. It calls for balancing media freedom under Article 19(1)(a) with the right to life and dignity under Article 21.) 

Podcasts:

1. Milan Vaishnav and Arvind Subramanium, The Future of India’s Fiscal Federalism, Grand Tamasha (Milan and Arvind discuss the foundations of the GST, its implications for India’s federal design, and its revenue implications. Plus, the two discuss growing resentment among India’s prosperous states over fiscal transfers)

2. Medha Deo,What are the problem with the bail system in India, In Focus by the Hindu (discusses the incarceration of G.N Saibaba and the problems associated with accessing bail in Indian legal system)

3. The Times of India Podcast, Caste behind bars, (Journalist Sukanaya Shantha speaks with Alka Dhupkar and Arun George about how caste determines what you do in jails, why these practices still exist, and the challenge with ending them.)

4. Shekhar Gupta, CutTheClutter: Good or bad, popular or controversial, but always consequential legacy of CJI Chandrachud’s tenure (discusses the legacy of CJI chandrachud in an increasingly polarised times)

Opportunities

1. 1st DSNLU- BMC Blog Writing Competition 2024. The last date for Submission is December 5, 2024.

2. 2nd NLUJ Right to Education Paper Presentation and Discussion. The last date for registration is November 21, 2024.

3. Call for submission by Journal for Legislative Drafting and Parliamentary Research of NLIU. The last date for submission is December 10, 2024.

4. 7th GNLU Essay Competition on Law & Economics. The last date for submission is December 13, 2024.

5. 1st National Essay Writing Competition 2024 by CCAL, GNLU. The last date for submission is November 21, 2024.

6. Call for Papers by National Law School of India Review Volume 37(1). The last date for submission is February 2, 2024.

7. Call for abstract, International Conference on “Navigating the Future: Industrial Policy and Global Competitiveness” by NALSAR [17th – 19th January 2025] | SCC Times

8. Call for papers by NLSIU’s Socio-Legal Review (SLR) Journal.  The last date for submission is 30 January 2024.

Academic Articles

1. Vandita Khanna, The development of indirect discrimination law in India: Slow, uncertain, and unsteady, Indian Law Review (analyzes the evolution of indirect discrimination law in India with a focus on the landmark case Lt Col Nitisha v Union of India (2021), arguing that while Nitisha marked a key recognition of indirect discrimination, subsequent judgments reveal that the concept remains ambiguous, with judicial interpretation progressing at a slow and uncertain pace).

2. Alok Prasanna Kumar, Gig Workers under the POSH Act, Economic and Political Weekly (analyzes the High Court of Karnataka’s recent judgment affirming gig workers as “employees” under the POSH Act, marking a pivotal judicial intervention that could expand labor law protections for gig workers in India, though the ruling remains stayed pending further proceedings).

3. Rahul Mohanty, The Tightrope Walked by the ICJ: Provisional Measures in South Africa versus Israel, Economic and Political Weekly (analyzes the ICJ’s provisional measures in South Africa v Israel, focusing on the court’s balancing of humanitarian, legal, and legitimacy concerns under the Genocide Convention amidst the ongoing Gaza conflict).

4. Shikha Silliman Bhattacharjee, Contesting Caste: Institutionalized Oppression and Circumventive Legal Resistance, Cambridge University Press (examines how Dalit women in north and northwest India employ “circumventive legal resistance” to combat caste-based forced labor practices like manual scavenging, bypassing formal legal mechanisms where institutional support is lacking).

5. Anchita Berry, The Impact of Global Climate Change Agreements on Indian Environmental Statutes, National Journal of Environmental Law (analyzes how international climate treaties, from the Stockholm Conference to the Paris Agreement, have influenced Indian environmental laws and policies, with a focus on the Environment Protection Act 1986 and India’s National Action Plan on Climate Change, while highlighting both progress in renewable energy and gaps in domestic law implementation).

Blogs

1. Hany Babu and Surendra Gadling, How Long is Too Long? – On the Maximum Period that an Undertrial Prisoner can be Detained, Constitutional Law and Philosophy Blog

2. Abhinav Sekhri, The Supreme Court’s Criminal Law, The Proof of Guilt Blog

3. Abhinav Sekhri, The SC Order in Fahad Shah Case, The Proof of Guilt Blog

4. Sarthak Sahoo, To Breathe Life Back in Constitutional Amendments and the Doctrine of Revival, Law School Policy Review

5. Debanshu Mukherjee and Neha Lodha, One Nation, One Pension System, Vidhi Legal Policy Blog

6. Alka Nanda Mahapatra and Harshita Gupta, Institutional Privacy, Personal Autonomy, and the Conundrum of Restitution as a Remedy, Vidhi Legal Policy Blog

7. Birsha Ohdedar, India’s New Climate Right: Boon or Bane for Climate Justice, Socio-Legal Review

8. Samrridhi Kumar, Throwing Free Consent Under the Bus: Situating the Pay-or-Consent Model in the Global South, CCG NLUD Blog

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