The Need to Legally Recognise the Right To, and the Right Not To: An Appraisal of the American Verdict Obergefell v. Hodges

The author posits that ‘rights-not-to’ must be construed along a private-public spectrum in the context of its social impact. The article illustrates this by comparing Prof. Nan Hunter’s more behavioural conception of the ‘right not to marry’ versus Justice Hansaria’s more socially significant recognition of the ‘right not to live’. As such, the article alsoContinue reading “The Need to Legally Recognise the Right To, and the Right Not To: An Appraisal of the American Verdict Obergefell v. Hodges”

Beyond Criminalization: How Criminal Law Marginalizes through Invisibility

Drawing on Professor B.B. Pande’s framework on marginalisation, the article explores how criminal law marginalises communities through their invisibility. It illustrates this through the ambiguity in the Transgender Persons (Protection of Rights) Act, 2019 which leaves the community without the protection of a provision that penalises rape. The post Beyond Criminalization: How Criminal Law MarginalizesContinue reading “Beyond Criminalization: How Criminal Law Marginalizes through Invisibility”

Press Note- The Courts and The Constitution Conference, 2023.

The Courts and the Constitution Conference, 2023 took place on March 11-12 at NALSAR University of Law, Hyderabad, in collaboration with Law and Other Things and Azim Premji University. This press note presents a summary of the ideas discussed at the conference, and has been prepared by the Rapporteuring Team comprising Eeshan Sonak, Harsh Jain,Continue reading “Press Note- The Courts and The Constitution Conference, 2023.”

Can Judges Deliver Marriage Equality?

The article examines the possibility of the Supreme Court of India legalising same-sex marriage. Through an analysis of the four legislations invoked by various petitioners: The Hindu Marriage Act, the Special Marriage Act, the Foreign Marriage Act and the Citizenship Act, Prof. Saptarshi Mandal finds the interpretive scope favoring such a reading to be slim.Continue reading “Can Judges Deliver Marriage Equality?”

Persecuted by Birth: The Status of DNTs After 70 Years of Being De-Notified

Netflix’s Delhi Crime Season 2 highlights the manner in which the De-Notified Tribes (“DNTs”) are perceived by different institutions of the Indian state and society. A re-examination of the condition of these tribes becomes all the more relevant after the COVID-19 outbreak, since the pandemic has disproportionately affected the most marginalised sections of the society.Continue reading “Persecuted by Birth: The Status of DNTs After 70 Years of Being De-Notified”

Registrations Open to Attend Courts and Constitution Conference, 2023

The Law and Other Things blog is delighted to invite interested students, professionals, and academics to this year’s Courts and Constitution Conference. The detailed programme and concept note for the same can be accessed here, and the registrations can be made by signing up this form. Please contact Sukrut Khandekar (+91 70454 20572) for anyContinue reading “Registrations Open to Attend Courts and Constitution Conference, 2023”

Criminalizing Rights and Policing Futures

In this piece, Arpitha Kodiveri reviews Wildlife Policing: The Reign of Criminalization in the Forests of Madhya Pradesh released by the CPAP drawing upon her work as a legal researcher on forest laws. She focuses on the need to prioritise rights of forest-dwelling communities over the policing of futures and deepening marginalization. The post CriminalizingContinue reading “Criminalizing Rights and Policing Futures”

Call for Applications for Job Opportunities at Centre for Communication Governance

The Centre for Communication Governance at National Law University Delhi has published the call for applications for below mentioned four positions:   1. Call for Applications for Administrative and Financial Assistant 2. Call for Applications for Community and Engagement and Strategic Development 3. Call for Applications – Researchers 4. Call for Applications for Program/Project Officer/AssociateContinue reading “Call for Applications for Job Opportunities at Centre for Communication Governance”