The Limitations of Solving Crime through Human DNA Profiling : An analysis of the recent DNA Technology Bill

By Anamika Kundu and Abhinav Gupta   Introduction The DNA Technology (Use and Application) Regulation Bill, 2019 (‘The Bill’) was tabled in the Lok Sabha (‘LS’) on July 8, 2019.[1] The Bill was first tabled in the LS in August, 2018, but had lapsed.[2] It was then passed by the LS in January, 2019,  failed …

The Removed Child and his Trauma

By Insha Rahman The protection of children, and their ‘best interests’ has come to acquire immense significance in the recent past.[1] Propounded by the Convention on the Rights of the Child, 1989[2] along with the Hague Convention, 1980,[3] the ‘best interest’ principle places the child’s needs at the center of any and all possible disputes …

The Collegium Conundrum : Legal Issues behind Justice Tahilramani’s Controversial Transfer

By Ritwik Sharma The recent decision of the Supreme Court Collegium to transfer the Chief Justice of the Madras High Court to the Meghalaya High Court has once again put the Collegium system under the scanner.[1] Justice Tahilramani’s transfer from the Madras High Court which houses 75 judges and covers 32 districts including the Union …

Rethinking The Traditional Approaches to The Defence of Entrapment in Indian Law and Society : Lessons from America (Part II)

By Chandrika Bothra   III. Analysis of approaches to the defence of entrapment Traditionally, there have been two approaches to the defence of entrapment: subjective and objective.[1] These approaches have been evolved by the federal courts in the USA but are relevant to the discussion in the context of India. In the case of Rajat …

Rethinking The Traditional Approaches to The Defence of Entrapment in Indian Law and Society : Lessons from America (Part I)

By Chandrika Bothra The jurisprudence of the Indian criminal law is not explicit with its stance on state entrapment or the defences concerning it. However, the use of entrapment to create a crime where none would have existed has largely been seen as contrary to the principles of public policy. A holistic and well-rounded approach …

Substantive Equality and Right to Education in India

By Neelabh Bist A recent decision[1] of the Karnataka High Court, against which a petition has been filed in the Supreme Court of India, highlights an ill-conceived vision of substantive equality. The decision upheld the constitutionality of Rule 4 of the Karnataka Right of Children to Free and Compulsory Education Rules, 2012,[2] which provides that …

Corporate Social Responsibility: A Volition Or An Imposition

By Ananya Agrawal What started off as a voluntary contribution by business houses, has now become an imposition post the Budget Session, 2019 of Parliament.[1] It passed the Companies (Amendment) Act, 2019 (‘the Amendment’),[2] withholding one provision for further review. The amendment sought to criminalise the non-compliance of Corporate Social Responsibility (‘CSR’) provisions, attracting a …

The Triple Talaq Travesty: A Comment

By Vaishnavi Prasad The Muslim Women (Protection of Rights on Marriage) Bill, 2019 or the infamous ‘Triple Talaq Bill’ was passed in the Rajya Sabha on 30th June with 99 for and 84 against.[1] This Bill makes the declaration of all forms of Talaq as a method of divorce illegal, whether it be oral, written, …

A Case For Reformation Of Narcotics Law In India

By Shreevatsa Lakhotia and Harishankar Raghunath  International pressure forced India to hastily conform to a global regime on drug control and formulate laws that focused on penalisation. This resulted in a drug policy that was not tailor-made for the country and left open significant loopholes in the statute, which subsequent amendments either partially addressed or …

Interview with Catharine A. MacKinnon

* Interview taken by Archismita Raha, Debomita Sadhu, Siddharth Sonkar, and Shivani Kabra As we live in the internet era, some people do not want to identify themselves as feminists even though they support women’s rights. In fact, there is even positive backlash in the form of pages like MensXP. Why do you think this …