By Atharv Gupta Even former Supreme Court (‘SC’) Judges feel that uncertainty continues to exist during the sentencing phase in death penalty cases. In this post, I shall argue that the application of the ‘criminal test’ in its current form is highly unjust. I will further argue that as a first step towards evolving guidelines … Continue reading Capital Sentencing and Execution Impact Evidence in India
By Arbina Dey I. Introduction The dictionary meaning of the term ‘vagrancy’ connotes—being in a constant state of idle wandering without any visible means of support. Most anti-vagrancy statutes draw a presumption of lawlessness against those who exhibit such a state of vagrancy. This then goes on to form the basis of the entire anti-vagrancy … Continue reading Revisiting Anti Vagrancy Laws from a Post Colonial Perspective
By Anusha Peri and Ramya Chandrasekhar In the second piece of this two-part post, we look at UBI as a subsistence right, and its value in a moral economy. IV. An unconditional minimum income as a subsistence right In light of the above, we argue that an unconditional minimum income scheme like UBI is in … Continue reading UNIVERSAL BASIC INCOME: A CASE FOR ITS RECOGNITION AS A HUMAN RIGHT – PART II
By Anusha Peri and Ramya Chandrasekhar In the first of a two-part post, we look at the threat of automation and its impact on the labour force. The threat of rapid redundancy of manual and unskilled labour as a result of technological unemployment is imminent, warranting immediate state action. In the current era of artificial … Continue reading UNIVERSAL BASIC INCOME: A CASE FOR ITS RECOGNITION AS A HUMAN RIGHT – PART I
By Mihika Poddar and Archismita Raha In August 2016, the Central government introduced the Transgender Persons (Protection of Rights) Bill, 2016 (‘the Bill’), in Lok Sabha. It aims to provide for a comprehensive framework for the protection of transgender persons, in pursuance of the affirmation of their socio-political rights by the Supreme Court’s NALSA judgement … Continue reading THE TRANSGENDER PERSONS (PROTECTION OF RIGHTS) BILL, 2016 – POLITICAL EYEWASH?
We are extremely proud to announce to our readers that the JILS Blog has been ranked as one of the Top 40 Indian Law Blogs, published by Feedspot. This list is based on, among others, the quality and consistency of posts, social media presence. The entire list can be accessed here. We are extremely grateful to … Continue reading JILS BLOG RANKED AS ONE OF THE TOP 40 INDIAN LAW BLOGS
By Saurabh Bhattacharjee The announcement of the flagship National Health Protection Scheme [NHPS] by the Finance Minister. Mr Arun Jaitley in his budget speech earlier this week has led to renewed attention on the direction of public healthcare in India. Branded by some as the ‘Modicare’, the scheme promises to provide an insurance cover uptoRs. … Continue reading WHY ‘MODICARE’ IS NOT A GAME-CHANGER: NATIONAL HEALTH PROTECTION SCHEME AND HUMAN RIGHT TO HEALTH
By Shivani Kabra and Anirudh Krishnaa There is no doubt that patriarchy is widely prevalent in society – at home, at work, and even in educational institutions. One always looks towards the pillars of justice, guardians of constitutional values – the courts – for a reprieve from these ordeals. However, patriarchy is so pervasively entrenched … Continue reading KEEP YOUR THEOLOGY OFF MY BIOLOGY
By Parva Kaushal Khare and Siddharth Sonkar On October 11, 2017, in Independent Thought v. Union of India, the Supreme Court held sexual intercourse with a girl below eighteen years of age to be rape, regardless of her marital status. It did so by reading down the Marital Rape Exception. However, the Bench refrained from … Continue reading READING DOWN THE MARITAL RAPE EXCEPTION: FROM THE TOP OF AN IVORY TOWER?
by Saurabh Bhattacharjee Labour reforms has been a part of the election manifesto of the Bharatiya Janata Party (BJP) for several General Elections now. Not surprisingly, the BJP-led National Democratic Alliance (NDA) Government tried to flag off the process of labour reforms soon after it assumed office in 2014. As part of this process, the … Continue reading A New Era or A False Dawn: A Comment on the Code on Wages Bill 2017