NLS Bangalore is pleased to announce that we are collaborating with the JSW Law School of Bhutan to launch its inaugural summer school program in June this year. The third partner in this venture is the Centre for Asian Legal Studies at the National University of Singapore. The JSW School of Law is very proud […]

The post NLS-JSW-NUS Summer School in June-July 2023 appeared first on Law and Other Things.

This explainer analyses the case of Sameena Begum v. Union of India, which primarily questions the constitutionality of the practices of nikah halala and polygamy.

The post Constitutional Bench Explainer Series: Sameena Begum v. Union of India appeared first on Law and Other Things.

With reservation being made an enabling provision in the latest jurisprudence in Mukesh Kumar, this article argues that the provisions of the Constitution in fact place a “power plus duty” upon the state to provide them. By reiterating the position of reservation as part of the extended right to equality, the article argues that the State would be duty bound to take all measures to operationalise this right.

The post Reservation under Article 16(4) of our Constitution: Placing a ‘Power plus Duty’ upon the State appeared first on Law and Other Things.

The piece critically analyses the Kaushal Kishore judgment and points out its inadequacies and flip-flops with respect to balancing Art.21 and Art.19(1)(a) rights. The author also points out the error in the Court’s interpretation of the Sakal Papers judgement and critiques the Court’s holding that Art.19 and 21 rights can be enforced even against persons other than the State or its instrumentalities.

The post Restricting Free Speech: Kaushal Kishore and the Increasing Confusion appeared first on Law and Other Things.

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 also critiques the remarks on singlehood in Obergefell, in terms of its understanding of the right not to marry.

The post The Need to Legally Recognise the Right To, and the Right Not To: An Appraisal of the American Verdict Obergefell v. Hodges appeared first on Law and Other Things.

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 Marginalizes through Invisibility appeared first on Law and Other Things.

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, Ishika Garg, Mariyam Mayan, Prakruthi Jain, Rashika Bodh and Utkarsh Mani Tripathi. Stay tuned for a detailed report on the conference which will be published soon!

The post Press Note- The Courts and The Constitution Conference, 2023. appeared first on Law and Other Things.

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.

The post Can Judges Deliver Marriage Equality? appeared first on Law and Other Things.

Speakers and Schedule of the Fourth Edition of the Court and Constitution Conference, 2023 at NALSAR University of Law, Hyderabad.

The post The Courts and the Constitution Conference, 2022 in review: Speakers and Schedule appeared first on Law and Other Things.

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. In this explainer, the author shall explain the existing legal provisions and related policies with respect to DNTs, and attempt to display the manner in which they have been deprived of their fundamental rights, in the context of the new series.

The post Persecuted by Birth: The Status of DNTs After 70 Years of Being De-Notified appeared first on Law and Other Things.