Indian Jurisprudence Research Articles

The palpable dichotomy between animal cruelty laws and implementation – Is there a way forward for Indian jurisprudence?

This article critically examines the dichotomy between India's existing animal cruelty laws and their practical implementation. It argues that the primary issue lies not in the lack of animal protection legislation but in the loopholes and inadequacies of the current laws, which often fail to hold perpetrators accountable for their actions. The article traces domestic legislation, highlighting its shortcomings in achieving the overarching goal of animal protection. It also explores the role of judicial precedents in shaping the interpretation of these laws. Despite the Supreme Court's recognition of animal rights, socio-cultural and political factors have led to judgments and ineffective jurisprudence contradictions. The article emphasizes the need to reform and restructure animal cruelty laws, addressing the shortcomings in judicial precedents to alleviate animal suffering and protect their legal rights. By adopting an animal-centric perspective, the article aims to give voice to the subaltern realm, referring to relevant legal provisions and judicial precedents, as well as comparative perspectives, throughout the analysis.

Care as a constitutional value

Abstract This article explores the potential of regarding care as a constitutional issue, rather than addressing it solely through legislation, the family, or the market. It is argued that care is best regarded as a constitutional value, reflecting the reality of our interdependence, and functioning as a crucial counterweight to the fiction that individual freedom can be constituted independently of our social relations. Care as a constitutional value should be regarded as complementing express constitutional commitments to freedom, dignity, and equality, recognizing that relationships are constitutive of the self, and that individuals are partly constituted by society. Just as freedom, dignity, and equality perform important expressive functions in a constitution, so the recognition of care, implicit or explicit, signals the foundational importance of care to everyone throughout our lives and to society’s ability to reproduce itself. Care as a constitutional value should permeate the interpretation of constitutional and other provisions, and enhance accountability for care-related decisions, encouraging decision-makers to pay attention to care, and prompting courts to interpret constitutional and legislative measures with the value of care in mind. In this way, the gaps in welfare law, labor law, and free market regulation can be addressed to face the challenges of care. Equally importantly, care as a constitutional value can act as a catalyst for political activism, legitimizing grassroots campaigns for better recognition of care. This article is normative and exploratory. At the same time, its propositions are tested against constitutional jurisprudence in India, South Africa, Canada, and the United Kingdom.

Dissent in the Aadhaar Judgement: Exploring Dimensions of the Future of Privacy Jurisprudence in India

Dissent in the Aadhaar Judgement: Exploring Dimensions of the Future of Privacy Jurisprudence in India

Privacy, Decisional Autonomy, and the Right to Intimate Association—Insights on the Cost of Being in Live-In Relationships in India Under New Legislation

ABSTRACT The trend of states actively policing intimate arrangements does not remain unseen in the context of illiberal democracies. The prioritization of societal morality has continuously been a consideration within the conservative fold, whether it is in the denial of marriage rights to same-sex couples or active state intrusion into the intimacies of interpersonal relationships. The passage of the Uniform Civil Code (“UCC”) Bill in the State of Uttarakhand in India forms a segment of this concerning trend. Being a part of the ruling Bharatiya Janata Party’s (“BJP”) lofty aspirations, the UCC brings about a peculiar requirement. Couples in live-in relationships are now required to undergo a ‘mandatory’ registration procedure. As the implementation of a nationwide UCC becomes more imminent, the mandatory registration of live-in relationships raises important constitutional questions regarding the extent of state interference in private decision-making. Indian jurisprudence around the concept of ‘decisional autonomy’ peaked in Justice K.S. Puttaswamy v. Union of India. (“Puttaswamy”) But in the backdrop of the newly reconceptualized ‘Right to Intimate Association’ in Supriyo@Supriya Chakraborty v. Union of India (“Supriyo”), the Registration of live-in relationships is yet another peculiar constitutional conundrum to be explored.

A critical analysis of the Animal Welfare Board of India v Union of India (Jallikattu II case): Evolution of animal rights jurisprudence in India

A critical analysis of the Animal Welfare Board of India v Union of India (Jallikattu II case): Evolution of animal rights jurisprudence in India

MISUSING PREVENTIVE DETENTION IN SECURITY LEGISLATIONS: A HISTORICAL ANALYSIS FROM THE LENS OF PERSONAL LIBERTY

Preventive Detention is an extraordinary instrument used during times of crisis to prevent the commission of criminogenic behaviour by curtailing individual liberty on the apprehension of a criminal act, in the interests of national security. However, within Indian law, this extraordinary power holds a peculiar position in the sense that it is applicable during peacetime as well, an anomaly from the juristic position that it occupies in other jurisdictions. The historical roots of this power are traceable from the colonial era, wherein it was used as a means to silence dissent against the colonial State, yet, even after independence, it was given constitutional recognition and included and incorporated into the constitutional mechanism within Article 22. This is perhaps attributable to the exceptional circumstances surrounding the birth of this nascent nation, yet, over the past seven decades, it has been used as a means of silencing dissent and curtailing the voices of opposition, primarily due to its loose, imprecise, and vague connotation, as well as the blanket power that has been constitutionally granted on the State to exercise preventive detention. Curiously, although the judiciary has historically been an avowed protector of individual liberty and freedom, petitions challenging the validity of preventive detention legislations have often fallen on deaf ears, with the judiciary repeatedly valuing the principles of national security that these legislations envisage to protect over the individual rights of liberty and freedom. Thus, over the past seven decades, the misuse and abuse of preventive detention have become a dark spot in Indian legislative and judicial history. Against this backdrop, this paper is interested in examining the historical development and application of preventive detention laws in India, starting from the colonial period and expanding the discussion to the present, to understand the reasoning for its implementation during the British era, its subsequent inclusion within the constitutional framework, its use and misuse over the decades and the judicial opinion towards its imposition, to try and understand the nuances that this extraordinary power has carried in Indian jurisprudence.

Teaching Ancient Indian Jurisprudence in Our Time A Heterodox Approach to Orthodoxies

Ancient allures the postmodern social subject trapped in the strangeness of time—the time after the end of history. For that time-beaten subject ancient is the unconscious of coherence, predictability, and certainty. Or perhaps that ancient is a glory fled. Whatsoever, ancient is generally sacralized—irrespective of the type of socialization that happened in the past—and journey to the ancient is often deemed to be a pilgrimage. When ideas of the ancient in their individuality and totality inter alia become the natural intellectual resource for rebuilding postmodern societies, discriminative ingenuity becomes an essential faculty. Any uncritical reverence of the ancient becomes antithetical to modern social and political values, inviting the risk of reproducing inequities of the past. This article problematizes such uncritical dependence on the ancient using Ancient Indian Jurisprudence, which has been looked up on as a repository of moral and legal values, as a case in point. It meditates from the experiences and perspectives of an imaginary ‘teaching subject’ on the many pitfalls and possibilities of the ancient as it builds a framework of teaching and learning, and a representative scheme of evaluation for Ancient Indian Jurisprudence.

Unveiling the Phenomenon of Media Trial in Indian Jurisprudence (A Critical Analysis)

Unveiling the Phenomenon of Media Trial in Indian Jurisprudence (A Critical Analysis)

Legal Complications Relating to Things Outside Commerce: A Overview from Past to Present. Based on the Lottery Case in the State of Mizoram

Abstract: “Res Extra Commercium” is a Roman law doctrine that translates to “things outside commerce”. In State of Bombay v R.M.D. Chamarbaugwala , Justice Das introduced this doctrine into the Indian jurisprudence. The doctrine was introduced to constrict the scope of freedom of trade and commerce, a fundamental right, guaranteed under Article 19(1)(g) of the Indian Constitution. It constricts the scope by excluding certain “immoral” or “noxious” trade activities from the scope of Article 19(1)(g) and thereby, depriving them of Constitutional protection. The doctrine of res extra commercium seeks to exclude certain activities from the ambit of freedom of trade and profession guaranteed under Articles 19(1)(g) and 301 of the Constitution of India. Tracing back the origin of the doctrine to Roman Law has commented to the effect: The res extra commercium doctrine traces its conceptual roots to Roman law. Res in commercio, in Roman law, were things capable of ownership and hence, the subject of property rights, while res extra commercium were things incapable of ownership. In light of this, the doctrine applies to those things that are not objects of commerce i.e., they are extra commercio. In Justinian’s Institutes of Roman Law, only three classes of entity are conceptually treated as res extra commercium:

Evolution of Indian Jurisprudence: From a Caste and Gender Perspective

Evolution of Indian Jurisprudence: From a Caste and Gender Perspective

Concept of Law and Evolution of the Indian Jurisprudence

Concept of Law and Evolution of the Indian Jurisprudence

The Role of Sanatan Dharma in Indian Jurisprudence

Abstract: The article to aims to be written in the introductory approach and it intends the end of brief surveys of the Indian Jurisprudential theory. It seeks an oriental call form the development of the Hindu legal institution an examine the school of Natural Jurisprudence in comparison to the natural law. The article specifically focuses on the analysis of ancient Hindu thought to the common school of Jurisprudential issue the once which deal with the administration of the state ; the law and the rule of law and the Punishment and the Procedure

The Tussle Between Artistic Creativity and Commerce in the Realm of Copyright Law; Exploring Copyright Existing in the Work of Director of a Film

The Indian film industry, renowned for its diversity and prolificacy, stands as a testament to the creative process of its directors. This paper delves into the intricate realm of copyright law as it pertains to the director's work in Indian cinema. In a country where filmmaking is both an art form and a thriving industry, the protection and regulation of the director's creative contributions are of paramount importance. This analysis examines the legal framework governing copyright in directorial works, encompassing elements such as screenplay, cinematography, choreography, and overall visual aesthetics. It sheds light on the Indian Copyright Act of 1957 and its subsequent amendments, elucidating the rights granted to directors and the duration of their protection. Furthermore, the abstract explores notable cases and legal precedents, showcasing the evolving nature of copyright jurisprudence in India. It also discusses the challenges faced by directors in asserting their rights, including issues related to authorship, moral rights, and disputes with producers and studios. The comparative study of the UK Copyright Law provides number of new jurisprudence which can find a place in Indian ecosystem. By navigating the intricate legal landscape and addressing emerging challenges, this paper aims to present a more comprehensive understanding of the evolving copyright paradigm in India's dynamic film industry. Keywords: Copyright, Economic Interest, Joint Authorship, Director, UK CR Law.

Should consumers be prohibited from storing card data on the internet?

ABSTRACT In March 2020, the Reserve Bank of India’s guidelines on Payment Aggregators and Payment Gateways prohibited merchants from storing data on cards used by customers. This paper argues that such a prohibition on card data storage impacts upon the ease of transactions for consumers, and effectively tilts consumer preference towards other payment instruments. This runs the risk of technological choices in the industry being made or substantially shaped by the regulator. The documents released lack a cost-benefit analysis of this prohibition and do not demonstrate that the chosen intervention is the best one. This raises concerns in the light of emerging Indian jurisprudence on the standards of regulatory governance to be met by statutory regulatory agencies. We show alternative approaches to address concerns relating to breaches of card information stored by consumers on the internet. These include better security standards and liability frameworks.

Climate Change and Renewable Energy Consumption Obligations: Response of the Indian Judiciary

Climate change accounts for many of the natural disasters in India. Despite India being one of the top five greenhouse gas emitters in the world, policy and legal framework have not so far considered the issue of climate change in perspective. The constitution of India guarantees fundamental rights to its people through Article 21 and the article covers innumerable rights under its grab including right to health, pollution free air and water, sanitation rights, right to food, clean environment etc. India has ratified United Nations Convention on Climate Change (UNFCCC) and the Kyoto Protocol and has now obligations under the Paris Agreement to cut greenhouse gas emissions intensity of its gross domestic product 33% to 35% by 2030. India’s’ target is laudable and ambitious in this regard. The judiciary in India has assumed its primary responsibility towards the individuals to safeguard their interest relating to environmental protection by combating climate change. There are remarkable judgments passed by the higher courts and the Green Tribunal relating to climate change. In Abhimanyu Rathore v State of H. P considering the Kedarnath and Srinagar tragedies the court has pointed out the ecological destruction due to climate change and declared that every citizen has the right to potable drinking water and breath pollution free air. There were also circumstance when the court has ruled in favour of development at the cost of environmental damage that is in the Sardar Sarovar dam project where a dam project with the reservoir level height up to 455 height was permitted by the Supreme Court, The Indian judiciary has wide powers to protect and safeguard the environment and contributed considerably towards the development of environmental jurisprudence in India. This paper is an attempt to analyse the judicial response towards renewable energy obligations and the paper will delve into the various aspects of the same and find out the recent trends.

Concept of Law and Dharma in Indian Jurisprudence

Abstract: This research paper titled “concept of law and dharma in Indian jurisprudence” aims to explain the meaning of jurisprudence and its nature, and jurisprudence and the connection of dharma in the Indian jurisprudence which includes the origin of the dharma in jurisprudence with the help of legal evidence behind the topic.

Compensatory Jurisprudence in India: A step Forward to Rehabilitate the Victims of Various Acts and Crimes

Compensatory Jurisprudence in India: A step Forward to Rehabilitate the Victims of Various Acts and Crimes

Tracing environmental Jurisprudence in India

Tracing environmental Jurisprudence in India

The Possibilities of Anti-Colonial Constitutionalism – Commentary on State of West Bengal v. Anwar Ali Sarkar and others AIR 1952 SC 75

The case of Anwar Ali Sarkar has been a founding precedent for equality jurisprudence in India and elsewhere. The case is most cited for the two-step reasonable classification test. Yet over the years, it has become increasingly clear that there are limitations to the test as a doctrinal framework to adjudicate equality. This article is a comment on Tarunabh Khaitan’s accompanying rewritten judgment on Anwar Ali Sarkar, which seeks to offer a more robust doctrine of equality grounded in the anti-colonial character of the Indian Constitution. In this piece, I locate the original judgment in its historical and socio-political context to understand the possibilities of building an anti-colonial jurisprudence of equality for and of the Indian Constitution, and to evaluate the differences between the original and rewritten judgments. I argue that the rewritten judgment offers a more robust defence of equality, in line with strands of anti-colonial ideas that shaped the framing of the Indian Constitution, as well as offering a restrained method for judicial interpretation that acknowledges historical context while centering the interpretation of law and rules.

Shift from Production Forestry to Sustainable Forestry in Assam, India: An Analysis of the Regulation on Forests under Indian Jurisprudence

Shift from Production Forestry to Sustainable Forestry in Assam, India: An Analysis of the Regulation on Forests under Indian Jurisprudence