Fundamental Rights Archives | Law and Other things

Profession and Privacy: Critiquing the Surrogacy Bill

On September 20, 2020 By Vibha Nadig In Constitutional Law, Fundamental Rights, Privacy

In this article, the author critiques the proposed surrogacy law on the touchstone of fundamental rights. First,that commercial surrogacy is an occupation under Article 19(1)(g). Second, it argues that the Bill infringes on the right to privacy of individuals undergoing surrogacy.

Response to ‘The Sound of Constitutional Silences: Interpretive Holism and Free Speech under Article 19 of the Indian Constitution’ by Arpita Sarkar

On September 8, 2020 By Arpita Sarkar In Constitutional Law, Equality, Free Speech, Fundamental Rights, New Scholarship

[Ed Note: As part of our New Scholarship Section, we have been inviting discussants to respond to specific articles. This Response Piece is part of a series of posts indexed here discussing the public law themed articles …

Orissa HC Judgment Highlights the Challenge of Protecting Privacy of COVID-19 Patients

On August 21, 2020 By Suman Bhattamishra and Rangin Tripathy In Constitutional Law, Editor's Choice, Fundamental Rights, Privacy

Profs. Rangin P. Tripathy and Suman Bhattamishra of analyse the Orissa HC judgment on privacy of Covid-19 patients and its application of the Puttaswamy decision to completely prohibit the disclosure of patients’ identity. They also critique the judgment for not attempting to establish a threshold of proportionality in relation to specific disclosures by the State.

Indian Journal of Constitutional Law, NALSAR releases Vol 9 (2020) | A Mélange of Scholarship on Indian and Comparative Constitutional Law Issues

On August 19, 2020 By Dayaar Singla In Announcements, Comparative Law, Constitutional Interpretation, Constitutional Law, Courts, Criminal Law, Federalism, Fundamental Rights, Judgment Analysis, Legislative Reform, New Scholarship, Scholarships, Separation of Powers

[Ed Note: We are happy to report the release of IJCL’s Vol. 9 (2020). This Volume of the Journal seems quite promising with 11 pieces in the form of 7 Articles, 2 Essays and 2 …

Terrorism Trials & Reflections on Fundamental Rights | Talk by Justice Abhay M. Thipsay | Centre for Criminal Justice Reform and Research, NALSAR

On August 18, 2020 By Dayaar Singla In Fundamental Rights, Webinar

The Centre for Criminal Justice Reform and Research, NALSAR has recently started a lecture series. For the second lecture, we have Justice (Retd.) Abhay Thipsay. Titled ‘Terrorism Trials and Reflections on Fundamental Rights’, the talk …

The Courts and The Constitution

On June 21, 2020 By Dayaar Singla and Gayatri Gupta In Courts and Constitution, Editor's Choice, Fundamental Rights, Law and Other Things, Supreme Court of India

This section will be a one-stop platform for all announcements related to the Conference. It will bring together Panel-by-Panel reports as well as a compiled publication developed from the proceedings of the Conference. We also invite response pieces, critically analyzing and engaging with the released publications

The Citizenship Amendment Act and ‘Persons Belonging to Minority Communities’

On December 28, 2019 By Douglas McDonald-Norman In Comparative Law, Constitutional Law, Discrimination, Equality, Fundamental Rights

The Citizenship Amendment Act alters the definition of ‘illegal immigrant’ for the purposes of the Citizenship Act 1955. It provides that ‘persons belonging to minority communities, namely, Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from …

The Criminalization of PUBG in Gujarat: A Frivolous Affair?

On October 18, 2019 By Tanishk Goyal In Comparative Law, Constitutional Interpretation, Constitutional Law, Free Speech, Fundamental Rights, Madras High Court, Supreme Court of India

In our latest piece, the author highlights the criminalization of PUBG in Gujarat with special focus on Section 37(3) of the Gujarat Police Act, 1951. The author discusses this in the light of the Blue Whale precedent, while further drawing parallels between the deontological and consequentialist approaches to free speech.

CLPR hosts 3rd edition of Transform, the International Conference on Transgender Rights and the Law on 13th and 14th September

On September 5, 2019 By Law and Other Things In Announcements, Conference, Constitutional Law, Fundamental Rights, Madras High Court, Right to Equality

In September 2018, the Indian Supreme Court passed the landmark verdict in Navtej Singh Johar v. Union of India which decriminalised same sex relations between consenting adults. This momentum was followed by the Madras High Court …

Life without Remission: An Irreviewable and Unconstitutional Punishment

On September 4, 2019 By Himanshu Agarwal and Amartya Kanjilal In Comparative Law, Constitutional Law, Death Penalty, Editor's Choice, European Court of Human Rights, Fundamental Rights, Madras High Court, Supreme Court of India

In this piece, the authors look at the new trend in the Indian judicial system, of remitting death sentences to life sentences, but without the option of further remission under any circumstances.