The author in the article comments on a recent judgement of the Madras High Court (Sunitha v. Additional Chief Secretary) which has highlighted the callousness with which the state misuses preventive detention provisions in the law. Further, the article analyses the compensatory jurisprudence of the Court in constitutional tort cases and the need to develop a legislative framework for the same.
Analyzing the Pattern of Arbitrary Visa Revocation of Non-Citizens by the Indian Union Government
The authors in this piece argue that there is an emergence of trend by the Union Government of denying renewal of visas or out-rightly revoking visas of non-citizens without providing an opportunity of being heard, providing any reasoned order, or listing out substantial reasons for the same. The authors have also analysed the legal position under the Passports Act and provisions of the Indian Constitution guaranteeing fundamental rights in light of established judicial precedents to argue that the pattern is arbitrary and needs to be rectified.
Examining the Constitutionality of the Criminal Procedure (Identification) Act, 2022
This piece examines the Constitutional validity of the Criminal Procedure Identification Act of 2022 and argues that the Act is ultra vires on grounds of excessive delegation of powers. The author also argues that the Act poses serious concerns to privacy rights of people who have been either convicted or arrested under any law.
Revisiting Air India v. Nergesh Meerza – From a Feminist and Intersectional Prism
This piece revisits the 1981 case of Air India v. Nergesh Meerza and argues that while the final judgement upheld the Right to Equality in terms of employment for Air India hostesses, the judgment left a glaring error while narrowly interpreting the scope of Article 15 to only classify sex discrimination and not expressly recognizing gender discrimination.
Constitutionality of Tracking Web Searches Vis-A-Vis Right to Privacy: An Analysis
The piece anatomizes and critiques the recent steps implemented by the Uttar Pradesh Police to curb the use or watching of pornography by implementing mechanisms which include tracking web-searches as well as storing private data. The author has analyzed these steps in light of Constitutional provisions and former judicial precedents to highlight that not only are these measures unconstitutional, but also go beyond the scope of permissible State action in stymieing individual autonomy of citizens.
Gujarat Freedom of Religion (Amendment) Act 2021: A Critical Analysis of its Constitutional Validity
The piece analyses the recent amendments to the Gujarat Freedom of Religion Act in light of Constitutional provisions and former judicial precedents to argue that the recent amendment transgresses private rights and individual autonomy.
Can ‘Right To Life’ Be Denied To Married Individuals In A Live-In Relationship?
The authors in this article analyse the debate surrounding the recognition of the domestic cohabitation between married and unmarried individuals by the Supreme Court of India and applicability of Article 21 to such a relationship.
Right To Oxygen And Pandemic Management: Lessons For The Future
This piece analyses the measures adopted by the Indian Judiciary while dealing with the challenges posed before the nation due to the scarcity of oxygen at the peak of the COVID-19 pandemic. The author in this piece argues that over-centralization of power, aggravated the persisting problems and that, an Integrated Health Policy must be equipped to better handle future exigencies.