Fundamental Rights Archives | Page 2 of 7

Dignity and Due Process under Siege by the Police

On September 29, 2020 By Rahul Machaiah In Constitutional Law, Fundamental Rights, Police Reform

The article analyses the awful practice of the police parading the accused before the media and compelling the accused to pose for photographs. The author argues that this induces shame, creates stigma and is a grave violation of dignity and due process, apart from being violative of the Supreme Court’s orders.

En Masse Suspension of Labour Laws vis-à-vis Ordinance Making Power and Fundamental Rights

On September 27, 2020 By Prakhar Raghuvanshi In Constitutional Law, Fundamental Rights, Labour Laws

In this article, the author analyses the validity of ‘ordinance-making’ in the country through the lens of the recent ordinances passed by the Uttar Pradesh government that curb various labour rights in the state. Furthermore, he also analyses the various fundamental rights violations associated with it.

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.