Sonarekha Ray Introduction Comedian Kunal Kamra filed a petition before the Bombay High Court, flagging several legal flaws and challenging the constitutional validity of the amendments that were passed to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (‘IT Rules’) in April 2023. In response to the petition, the clarifications that […]
Author: nualslj
Siddharth Chaturvedi Introduction In recent times, the proliferation of Directed Energy Weapons has increased significantly throughout nations. As the name suggests, Direct Energy Weapons use energy instead of other technology, such as bullets or missiles. This kind of energy can be in the form of lasers, electromagnetic impulses, high-power microwaves and so forth. Several countries […]
Snigdha Ghose and Durlabhya Singh Introduction India is home to the world’s largest film industry, with a market size of more than 182 billion rupees. In spite of annually producing around 1500 to 2000 films, as per the “Deloitte Report on the Indian Film Industry”, of September 2016, the revenue of the Indian film industry […]
Ishita Ayala Introduction The death penalty is defined as the legal punishment of death for a criminal action. It has existed as a means of punishment for many millennia, and the arguments for retention and abolition have remained constant. The retentionists have argued that the death penalty serves as a deterrent. Certain crimes are grossly […]
Existing and upcoming neuro-technologies have grown enough to manipulate the human nervous system which can either empower or even oppress the ability of self-determination. In the absence of a right to cognitive liberty, this impact shall be detrimental to several rights of the people. This article, therefore, aims to analyze the impact, legal insufficiency, and possible scope for inclusion in the Indian legal system.
Archisman Chatterjee Introduction Difficulties faced by small-scale enterprises while carrying out their operations in a heavily competitive market prompted the Indian government to introduce the Micro Small Medium Enterprises Development Act, 2006 (‘MSME Act’). It was done with an aim to promote and facilitate their growth and consolidate the regulations they are subjected to. Section […]
Rajdeep Bhattacharjee and Dhaval Bothra Introduction The appraisal rights of minority shareholders have been a contentious tussle in several jurisdictions across the globe, especially in the case of reverse mergers wherein private companies merge/takeover companies that are listed. This poses a plethora of regulatory challenges and obligations and to deliver the minority shareholders their dues […]
The preconceived notion that arises due to the constitutional validity of exception (ii) of section 375 of IPC (marital rape), lays out an important aspect in the cases of divorce in family law. What it does is that it proposes that it is not a wrong at all and therefore there is no cruelty either. Although, marital rape has been accepted as a ground for divorce, it has been recognized under cruelty. This article argues that irrespective of the constitutionality of the said section, there is a need for marital rape to be an exclusive ground for divorce.
In this article, the author critiques the CUTS report on Economic Impact of Judicial Decisions through a cost-benefit analysis. The author argues that the report has a flawed methodology, its recommendations do not pass muster on weighing the costs and benefits and the separation of powers doctrine is being violated. The core contention of the author is that the report favours ease of doing business over adherence to environmental regulations and its recommendations are myopic when a balancing of costs and benefits is done.
In the context of the recent USSC judgment overturning Roe v Wade, this piece looks at the use of textualism as employed by the bench therein and contrasts it with the Indian use of Textualism as a tool for Constitutional interpretation. Having often been at the receiving end of most criticism, Textualism, this piece argues can be revived as a valid and legitimate tool of interpretation.
NUALS Law Journal 