Learnings at The Policy Troupe: Almora Deliberation (28th-29th July, 2018)

By Tanya Chandra, Founder, LexQuest Foundation.

When you enter Almora, the District Headquarters of the Kumaon region, you will see prosperity, abled infrastructure and globalization all wrapped into one, amidst the serenity of the green hills that envelop this Himalayan town. Old colonial buildings, streets swarmed with traditional local delicacies and a whole lot of well maintained government offices, well kept government schools, scattering of ill-conceived primary private schools and a large number of public toilets; all on the same street that caters to the outsiders with its endless hotels, modest eateries and a trail of noisy vehicles. (more…)

The Untold Story of India’s Sold Brides

By Sajith Anjickal, National Law School of India University, Bangalore.

Bride trafficking is an unlawful activity wherein brides are bought and sold against their will only to be subjected to sexual and domestic slavery. It is one of those pervasive yet indiscernible crimes that affect women. India is home to a rather massive, organized and lucrative bride trafficking network. Women trafficked on the pretext of marriage are oppressed, deprived of basic rights, sold again as maids and eventually abandoned. The proliferation of the bride trafficking network can be attributed to the gender imbalance prevalent in majority of the States in India. And to make things worse, India lacks an effective statutory framework to curb the social evil of bride trafficking. (more…)

Atal Bhujal Yojana: Rejuvenating India’s Groundwater

By Sajith Anjickal, National Law School of India University, Bangalore.

“Water, water, everywhere….nor any drop to drink.” These musings of Samuel Taylor seem nothing less than a foretelling of the looming water crisis in the current century. Water scarcity as a grave concern should be a wake-up call to the world, especially with Cape Town in South Africa doomed to become the first city in the world to hit an irremediable drought-like situation. And unfortunately, many cities like Sao Polo and Bengaluru are next in line in this rather sombre list. (more…)

Oath Taking Ceremony: A Mockery of the Constitution

By Rabia Mohamed Ismail Abdul Rahim, NUALS Kochi.

On the 18th day of May, 2018, B. S. Yeddyurappa was sworn in as the Chief Minister of Karnataka. What happened after is no secret. Having sworn in, Yeddyurappa was the Chief Minister on the day of the floor test. He was also the Chief Minister when he walked out while the National Anthem was being played.

Yes, undoubtedly, the provisions of the Prevention of Insults to National Honour Act, 1971 will apply to this situation. But I would like to analyse this situation in light of a different fact. (more…)

Bails and Anticipatory Bails: Part I

By Adv. Shriya Maini and Ms Chethana Venkatraghavan

This write-up is for those students who have realized that they have a law exam tomorrow and are looking for a source which discusses the practical and theoretical aspects of law in a deliberately simple form. This is also for those lawyers who are struggling to fill the gaps between the books of procedure and the law in practice. We write about what we have learnt through our trials and errors. Unlike other websites, we hope to engage you at multiple levels – the theoretical aspect of the law which we learn as students and the practical approach of law which only an Attorney at Law can provide.  (more…)

From the Lens of Humiliating Stares and Jockstrap Jibes: The Laws Governing Prostitutes in India

By Adv. Shriya Maini.

Co-Authored by Pooja Jasani, Gujarat National Law University.

2017 saw the release of an exciting Bollywood flick based on the contentious subject of sex workers in India and their argumentative profession of prostitution. Begum Jaan revolved around a group of prostitutes struggling for survival amidst humiliating stares and jockstrap jibes. The female protagonist of the film ran the reigns of the brothel business and was essentially what one could call the Manager tawaif, kothewali or devdasi (glorious desi synonyms for a prostitute). Though I thoroughly enjoyed watching the film, what essentially provoked me was that prostitution was still viewed as an unlawful societal hazard, when all that the profession entailed was having consensual sex with another consenting adult, that too, behind a closed door. What truly struck me was when the shackled tawaif professed: “Sahab, humaare dhandhe mai aurat ko kabhi azaadi nahi milti.” (more…)

Institutions of Eminence in the age of Academic Hype

By Qamar Ali Jafri, Dr. Ram Manohar Lohiya National Law University, Lucknow.

Everyone dreams of studying in a premiere world institute. No country ever feels that it can do without a world-class university. Now, in the age of academic hype, who decides what is ‘world-class’ or  ‘premiere’ or ‘flagship’ or for that matter, who decides upon the ‘institutions of eminence (IOE)’? The phrase ‘institutions of eminence’ caught the limelight in a recent policy decision made by the Indian government. UGC rolled out a scheme for providing regulatory structure to enable 20 Indian Institutions to become world class teaching and research institutes. For the same, the government constituted an empowered expert committee (EEC) under the leadership of N. Gopalaswami with an aim to give these institutes the IOE tag, and further project them on the global platform. However, the creation of this special IOE category is a passive admission on the part of the government that the Indian universities have failed to establish a place among the top-ranked institutions in the world. (more…)

Gandhi’s Harijans: The Misunderstood Sect

By Anmol Kaur Bawa, Symbiosis Law College, Pune.

HARIJANS AND THEIR SOCIAL DISABILITIES:

The term “harijan” is not Gandhi’s coinage. The name was suggested by several untouchable correspondents who contended the usage of the word “asprishya” meaning literally “untouchable” in the pages of “Navjivan”.  Harijan means “man of god”. All the religions of the world describe God pre-eminently as the friend of the friendless, help of the helpless and protector of the weak; hence the word aptly demystifies the condition of the untouchables in India as the most helpless, weak and friendless men in the society and according to Gandhi, they belong to the community of untouchables. (more…)

Dovetailing Livelihood with Literacy

By Annapurna Sinharay, Symbiosis Law School, Pune.

Karl Marx vilified the education system as an instrument in the hands of the evil capitalists to train a pliant labour force. However, the widespread unemployment plaguing the country today has reduced the system to one of a much benign nature, hopefully to Marx’s liking. Among the many reasons behind this unemployment is the growing mismatch between skills (owing to education) and occupations. As India marches towards evolving into a ‘knowledge economy’, it becomes increasingly imperative to focus on imparting skills relevant to the upcoming economic environment. The discrepancy between skills and employment is particularly acute in the inaccessible terrains of the country, specifically the hilly regions. This article dives deep into the problem and explores possible solutions for it. (more…)