The ‘Indigenous’ Tribe – A Socio-Legal Analysis and Rethinking India’s Indigeneity Debate
March 15, 2023The strength of the global indigenous movement over the past few decades has led to the globalization of indigenous rights (Conklin & Graham 1995) and increased indigenous political activism in pursuit of expressions of indigenousness in nations other than settler colonies. India is not exempt from the valorization of tribal indigeneity (Baviskar 2006). The notion that tribal people and indigenous peoples can be interchanged in an era characterized by the “struggle for recognition” (Fraser, 1996) has sparked debate in both the academic and political worlds (Stavenhagen 2013). If one wants to make India a candidate for dialectical and historical materialism,…
A Flight of Fantasy – Legal and Regulatory Compliance in the Aviation Industry and the Role of International Conventions
Aviation law is the law that regulates the air. Aviation laws were a need after traveling in the air by humans became possible and popular. As travel through the air started to commercialize the requirement to regulate…
Human Organ Transplantation and the Legal Situation – Inhuman Business in Human Law
Technology development and application will undoubtedly be a major driving force in the evolution of world society in the first decades of the twenty-first century. New technologies promise unprecedented improvements in our lives in medicine, agriculture, material…
Intellectual Property Rights and Anti-Trust Law – Similar goals in comparison to Opposite Viewpoints
Let’s say John & Co., a popular packaged food brand invents two recipes that may give a competitive advantage and can increase its profits and expand its market. It does not want its competitors to manufacture the…
Not all disputes are amenable to the jurisdiction of the Electricity Commission – PPAs cannot be terminated during a Moratorium
The Hon’ble Supreme Court in its order dated 08.03.2021 in the matter titled Gujarat Vikas Nigam Limited vs. Mr. Amit Gupta & Ors., while upholding the order of the National Company Law Appellate Tribunal (NCLAT) held that…
Court Boycott by the Guardians of Law – A Conundrum
Law and lawyers have been an integral part of society for a long time which helps in the overall development of society. Lawyers who are considered guardians of law have a great role in ensuring justice to…
Should Freedom of Speech prevail over the Right to Privacy?
Freedom of speech is the essence of the active existence of human beings as a social unit. Everyone is entitled to express their own thoughts, opinions, and views which broaden an individual’s perspective on various matters and…
The Body Business – The Odious Face of Prostitution, Slavery and Human Trafficking
Prostitution is the act of selling one’s body for money. It is a type of practice that entails money in exchange for sexual participation. Because of its profit motive, it is frequently referred to as commercial sex.…
Riding the Roughshod – Is it time to ratify UNCAT?
The General Assembly of the United Nations adopted the Convention against Torture and other Cruel, Inhuman, or Degrading Treatment or Punishment (UNCAT) on December 10, 1984. India signed the UNCAT on October 14, 1997; however, it has…
Walking the Plank – Piracy, Law of Seas, and International Conventions
The constant expansion of global trade has necessitated a directly corresponding expansion of commodities transportation across the world’s huge oceans. The necessity to secure this flow of trade against seafaring pirates has long been acknowledged by the…
Judicial Encroachment into Executive Domain – A Word of Caution on Judicial Overreach
The Constitution of India has imbibed within its ambit the structure of governance and the realignment of diversified social forces, as a result in providing a fabricating democratic republic that has been structured on the constitutional values…
A Study on the Transfer of Property by an Ostensible Owner
The researcher in the present study has broadly dwelled into the provision of Section 41 (Transfer of Property by Ostensible Owner) of the Transfer of Property Act by examining its applicability with the aid of various landmark…
Advanced Certificate Course on Enforcement of Fundamental Rights
It is with profound pleasure, humility, and anticipation that we launch our Advanced Certificate Course on Enforcement of Fundamental Rights. In order to assure a well-designed framework and comprehensive knowledge, our Content Board collaborated with renowned scholars…
Excessive Litigation in South Africa for Medical Malpractice
An article stated that “South Africa is witnessing a sharp increase in medical malpractice litigation as patients increasingly become aware of their rights in a setting of an overburdened health system with limited resources.” This view is…
The Theory of Broken Window and Crimes in India – A Socio-Legal Analysis
The human psyche influences every aspect of an individual, from physical to mental attributes, and the psychology of every person is a result of the environment they grow up in and spend a considerable time inhabiting. Hence…
Equal Pay for Equal Work – A Pipe Dream for the time being
India being a developing nation is home to millions of people. It is the second-most populous country in the whole world and has the second-largest labor force around the globe. Having such a huge labor force makes…
