Legally Speaking

Digital constitutionalism and personal data protection

21 Oct 2020 09:31 AM IST

Knowing that social media and search engine websites have been at their superior best for tracking down individual behaviour, the new branch of constitutionalism, specifically digital constitutionalism, would not only be working against the state actor but would necessarily also work against the non-state actors such as Facebook and Google.

Protection of whistleblowers in India: A myth

20 Oct 2020 06:38 AM IST

A large number of whistleblowers have been RTI activists who believe that by doing this they can reform the government and end the malpractices that are present in the system.

FEMALE GENITAL MUTILATION: DEEPEST GASH IN THE HONOUR OF WOMEN

19 Oct 2020 07:04 AM IST

Ad infinitum, the first message a girl gathers about her body is that it is flawed – too fat or too thin, too dark or too freckled. But for some girls, the message is that, to be accepted by the wider community, their bodies must be cut, reshaped and altered

Surge in FGM amidst pandemic in Middle East, North Africa: Need for a coordinated approach

17 Oct 2020 08:27 AM IST

According to the UNFPA (July 2020 data), 98 percent of the women aged between 15 and 49 years has undergone FGM in Somalia and it is as high as 93 percent in Djibouti, 91 percent in Egypt and 88 percent in Sudan. The joint report released by Equality Now, End

BIT by BIT increase

17 Oct 2020 08:22 AM IST

It has been theorised that the cancellation of various BITs by India and the advent of sunset clauses in the same could see a large slew of arbitrations being initiated against the country by aggrieved investors.

The cruel cut: Female genital mutilation

16 Oct 2020 09:22 AM IST

FGM has always been a grave issue and will remain to be one until major steps are taken to cull it. This is not widely recognised as of yet but it will soon be. I was cut for my future husband. I remember the day clearly. My neighbour’s daughter said

Public morality, public opinion and policymaking

16 Oct 2020 09:11 AM IST

In a 2007 paper titled ‘How Policymakers View Public Opinion’, Prof Francois Petry, a political scientist, presumed that in a democracy ‘there ought to be a high degree of harmony or congruence between government policy and public opinion’. He examined whether this presumption was backed by empirical evidence and concluded

Legislative policies regulating foreign subsidiaries in Indian startups

15 Oct 2020 06:02 AM IST

Government has thought of an extensive approach on empowering new businesses/startups in India through various strategies and guidelines such as the Foreign Exchange Management (Borrowing or Lending in Rupees) Regulations 2000, Foreign Exchange Management (Borrowing or Lending in Foreign Exchange) Regulations 2000, Foreign Exchange Management (Transfer or Issue of security

Emoji and IPR

14 Oct 2020 05:57 AM IST

The word ‘Emoji’ originally meant pictogram, which was an acting symbol to convey meaning with physical object usually seen in computer icons. Before Emoji, Emoticons were used to express feelings by using a combination of punctuation marks.

Limitation under Insolvency & Bankruptcy Code: A tale of two judgements?

13 Oct 2020 04:47 AM IST

“…It was the best of times, it was the worst of times….” (Charles Dickens, a Tale of Two Cities, 1859) The Insolvency & Bankruptcy Code (IBC) was projected and portrayed as a mirage and a revolution in the law governing reorganisation and liquidation. Embodied as a self-sufficient code on the

Ram Janmabhoomi case: A glimpse into the contest of historic narratives emanating from court records

13 Oct 2020 04:41 AM IST

The Hindus were depending on the narrative of historians and archaeologists who based their opinions on Indian tradition of passing on history through Srutis (what is heard), Smritis (which is remembered) and Puranas (what is codified in tradition).

SPIRIT OF SECTION 156 (3) CRPC, 1973: SC’S INTERPRETATION

12 Oct 2020 07:54 AM IST

While drafting the Criminal Procedure Code (CrPC), 1973, the Authors had kept three considerations in mind, which were, an accused person should get a fair trial in accordance with the accepted principles of natural justice, every effort should be made to avoid delay in investigation and trial which is harmful

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Legally Speaking

Digital constitutionalism and personal data protection

Protection of whistleblowers in India: A myth

FEMALE GENITAL MUTILATION: DEEPEST GASH IN THE HONOUR OF WOMEN