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Personality Rights: A Legal and Social Conundrum
Read more: Personality Rights: A Legal and Social ConundrumBy — Srisoniya Abstract Personality rights safeguard an individual’s identity against unauthorised commercial use. Personality rights attach to an individual, particularly someone well-known in the public eye, such as a celebrity, whose identifiable traits may be misused for monetary gain. This article explores the scope of personality rights through perusing the existing statutory framework and…
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Cultural Commodification or Legal Empowerment? WTO’s GI and India’s TKDL
Read more: Cultural Commodification or Legal Empowerment? WTO’s GI and India’s TKDLBy – Srisoniya Subramoniam Abstract Geographical Indications (GIs) are important tools within the World Trade Organization’s framework, as they protect products linked to origin and tradition. While the intention was to safeguard indigenous heritage, debates persist over whether such measures have inadvertently transformed culture into a commercial asset. This article examines this dual nature of…
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Production Linked Schemes(PLI) and Competitive Neutrality: A Trade and Competition Law Analysis of India’s Industrial Policy
Read more: Production Linked Schemes(PLI) and Competitive Neutrality: A Trade and Competition Law Analysis of India’s Industrial PolicyBy – Gurram Sai Ruchitha Abstract India’s Production Linked Schemes (PLI) are designed to revolutionize India’s manufacturing sector by increasing domestic production, attracting investment, and promoting exports. This article analyses the economic, trade, and competition law implications of PLI, questioning its exemption from WTO scrutiny and how its high investment thresholds and selective criteria may…
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Beyond Retribution: Rethinking Victim Satisfaction through Mediation in Criminal Justice
Read more: Beyond Retribution: Rethinking Victim Satisfaction through Mediation in Criminal JusticeBy — Srisoniya Subramoniam Abstract The criminal justice system often lacks the humanity that is required of it. In the Indian context, wherein criminal prosecutions have in rem proceedings, the victim often is put at a secondary position, with the State becoming the Primary Prosecuting Party. This disregard for the victim during the trial is…
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Granting Anti-Arbitration Injunction in Foreign Seated Arbitrations: Analysing Delhi High Court’s Decision in the Engineering Projects Case
Read more: Granting Anti-Arbitration Injunction in Foreign Seated Arbitrations: Analysing Delhi High Court’s Decision in the Engineering Projects CaseBy – Malvika Nambiar Abstract To what extent does the power of Indian courts extend in relation to arbitration, especially when the arbitration is seated abroad? The Delhi High Court in the recent case of Engineering Projects (India) Ltd v. MSA Global LLC gave power to the courts to intervene in the case of a…
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Investment Treaty Arbitration in India: The Commercial Reservation and Renewable Energy Risks
Read more: Investment Treaty Arbitration in India: The Commercial Reservation and Renewable Energy RisksBy – Gurram Sai Ruchitha Abstract India’s ambitious renewable energy ambitions rely on continued foreign investment, making effective dispute resolution mechanisms crucial for maintaining investor confidence. This article examines the enforcement of investment treaty arbitration (ITA) awards in India, with a focus on the challenges posed by the Arbitration and Conciliation Act, 1996, and India’s…
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Green Dispute Resolution: The Role of ADR in Climate Change Litigation
Read more: Green Dispute Resolution: The Role of ADR in Climate Change LitigationBy — Aasmi Bali Abstract Climate litigation has become one of the most acute issues of contemporary legal discussion. With states, corporations, and civil society actors struggling with the burden of climate change mitigation and adaptation, conflicts over environmental damage and regulatory imperatives are proliferating. Conventional litigation is slow and aggressive, which can worsen the…
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The Constitutional Boundaries of Mercy Power and the Mandate for Timely Disposal
Read more: The Constitutional Boundaries of Mercy Power and the Mandate for Timely DisposalBy – Mani Meghana Godavarthi Abstract The article explores the constitutional boundaries of executive mercy powers under Articles 72 and 161 of the Constitution of India. It emphasises the imperative for their timely exercise by considering Article 21 (the right to life). It focus is on the implications of procedural delays on the fundamental rights…
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Reform or Kill: The Irreconcilability of the Death Penalty and Reformative Justice
Read more: Reform or Kill: The Irreconcilability of the Death Penalty and Reformative JusticeBy – Malvika Nambiar Abstract The death penalty is the most rigorous form of punishment that can be awarded by the criminal justice system. It is reserved for the most heinous crimes in the ‘rarest of rare cases’. However, in today’s times, this penalty is awarded in a manner that is largely arbitrary and judge-dependent.…
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Whose Verdict Counts? Examining Jury and Judicial Discretion in Death Sentences
Read more: Whose Verdict Counts? Examining Jury and Judicial Discretion in Death SentencesBy – Srisoniya Subramoniam Abstract The Indian Constitution guarantees fundamental rights, which foremost protect the life of an individual. Article 21 highlights that ‘no person’ shall be denied such protection unless it is warranted by a ‘procedure established by law’. Here, a dilemma arises – what if such a procedure established by law is itself…
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Death Beyond the Gallows: The ‘Living Death’ of Death Row Inmates and the Right to Life under Article 21
Read more: Death Beyond the Gallows: The ‘Living Death’ of Death Row Inmates and the Right to Life under Article 21By – Gurram Sai Ruchitha Abstract: This article explores the psychosocial impact of death row incarceration in India through the lens of Article 21 of the Constitution, which guarantees the right to life and personal liberty. While the death penalty remains legally permissible in the “rarest of rare” cases, this article argues that the prolonged…
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Death by Discretion: Arbitrary Sentencing and the Indian Constitution
Read more: Death by Discretion: Arbitrary Sentencing and the Indian ConstitutionBy – Aasmi Bali Abstract This article examines the extent of judicial discretion in India’s death penalty sentencing and questions how justice may truly be served when the results are so indeterminate. It attempts to analyse the constitutional tensions generated by such sentencing procedures, which cut across Articles 14 and 21, the rights enshrining equality…
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