Fundamental Rights Archives | Law and Other Things

Phenolphthalein Test: An Anathema to Protection provided under Article 20(3)

On July 3, 2022 By Arjit Mishra In Constitutional Law, Criminal Law, Fundamental Rights

The phenolphthalein test is prevailingly used by the ACB for investigating a ‘corrupt’ public servant. However, the self-incriminating nature of the test attracts the vice of unconstitutionality under article 20(3) of the Constitution. In this blog, the author has argued that the test is very coercive & arbitrary and stands violative of the touchstones enumerated under article 20(3) of the Constitution.

Gig-Worker as The Archetypal Citizen-Subject

On June 4, 2022 By Amrita Vasudevan In Fundamental Rights, Governance, Labour Laws, Legislative Reform

Between 2019 and 2020 the Parliament passed four codes that re-organized the existing labour laws in India. The Code on Social Security, 2020, for the first time, introduced gig and platform-workers as distinct categories in …

Umar Fayaz Mir v. Union Territory of J&K: Analysing J&K High Court’s Delay in Disposing Habeas Corpus Petitions

On March 17, 2022 By Varun Ahuja In Criminal Law, Fundamental Rights, Jammu and Kashmir

Introduction On 29th December 2021, a Single Bench of the High Court of Jammu & Kashmir [“J&K High Court”] quashed the detention order of Umar Fayaz Mir on the ground that all documents relied upon …

The Standard of Assistance from Legal Aid Lawyers: An Indian Perspective

On February 20, 2022 By Mrityunjoy Roy and Saumya Khandelwal In Criminal Law, Discrimination, Equality, Fundamental Rights, New Scholarship

[As part of our New Scholarship section, we have been inviting discussants to respond to the public law-themed articles featured in Volume 5 the Indian Law Review. You can access all the posts in this …

Subsuming Sexuality Rights within the Nation’s Progress (Part II)

On November 11, 2021 By Arti Gupta In Constitutional Law, Fundamental Rights, Human Rights, Sexuality Rights

In part II of this two-part series, the author delves into the question of how granting of sexuality rights is underlined by neoliberalism.

Subsuming Sexuality Rights within the Nation’s Progress (Part I)

On November 9, 2021 By Arti Gupta In Constitutional Law, Fundamental Rights, Human Rights, Sexuality Rights

In part 1 of this two-part series, the author analyses the flipside of the affirmation of sexuality rights, through an analysis of pictures depicting the performance of these rights.

Addressing Intersectionality And Access To Justice: The Need For An Anti-Discrimination Legislation

On November 2, 2021 By Kavya Arora and Eishan Mehta In Constitutional Interpretation, Constitutional Law, Discrimination, Equality, Fundamental Rights, Legislative Reform

The present constitutional provisions that provide protection against different forms of discrimination fall short of recognizing and doing complete justice to the victims of intersectional discrimination. Therefore, an anti-discrimination legislation in terms of substantive equality, horizontal applicability and access to remedies is argued for.

Fair Trial in the Times of Tyranny?: A Case for Abolition

On August 27, 2021 By Ameya Bokil In Criminal Law, Fundamental Rights, New Scholarship

[Ed Note: Over the next few days, we shall be discussing Prof. (Dr.) Upendra Baxi’s article titled “Human Rights in the Administration of Criminal Justice: The Concept of Fair Trial” published in the Annual Journal of the National Human Rights Commission, Volume-19, 2020. This is the third response to the article by Ameya Bokil, co-founder of the Criminal Justice and Police Accountability Project. The introductory post and the links for responses from other commentators (Prof. Amita Dhanda & Prof. Jinee Lokaneeta) can be found here.]

Education Rights Trust v. Government of Karnataka: Need to Prevent Legislature from Diluting the Spirit and Object of the RTE Act

On August 3, 2021 By Kavya Arora In Fundamental Rights, Right to education

INTRODUCTION On July 14, 2021, the News Minute reported that admissions under the RTE Act in Karnataka have declined since 2019. One of the most prominent reasons suggested for this decline is Karnataka Government’s RTE …