Categories
Constitutional Law

Anti-Begging Laws: An Attack on Freedom of Speech?

By Akshat Bhushan Introduction In India, there are twenty states and two union territories that have enacted anti-beggary laws, criminalising the act of begging.[1] A 2018 Delhi High Court order struck down certain provisions of the Bombay Prevention of Begging Act, 1959 (that was extended to the union territory of Delhi) which criminalised involuntary begging […]

The Denial of LGBT Rights and Civil Liberties in India: A Comprehensive Critique

By Vikram Chandrasekhar Introduction India, as an apt example, has been a country which since the dawn of the Vedic liturgical tradition has accepted and harmonized with the notions of gender fluidity and queerness centuries before the Western world had even attempted to reconcile with these terms.[1] The crux of the gender inequality crisis, denial […]

Categories
International Law Rights Adjudication

Critically Assessing the Notion of Human Rights as ‘Universal’

By Anmol Ratan John F. Kennedy in his 1961 inaugural speech said, “the rights of man come not from the generosity of the state but from the hands of God”[1]. It is this presumption about the metaphysical origin of human rights that makes it problematic for this internationally recognised regime of law to claim absolute […]

Categories
Insolvency

Separate Legal Entity Principle: Friction Between Company And Insolvency Laws

By Shivangi Pandia and Prateek Charan Background The word company has no technical meaning attached to it. It simply means a group of individuals who have come together for a common goal. The individuals may associate themselves either for an economic or for a non-economic cause. Chief Justice Marshall defines company to mean that a […]

Categories
Constitutional Law

UAPA: The Predicaments of Interpreting a Manifestly Vaguely Worded Law

By Simran Kaur India’s constitutional mandate on its cherished promise of free speech has withstood several upheavals of time. The jurisprudence spanned over seven decades has been interpreted in the light of the principles of a democratic political society. The underlying basis of this entails exercising the fundamental right to free speech as a citizen, […]