Category: Volume I (2021)

a-defense-of-rule-stuart-gray

Book Review: A Defense of Rule: Origins of Political Thought in Greece and India by Stuart Gray (Published by Oxford University Press, 2017)

Aakash Singh Rathore

By Aakash Singh Rathore
The majority of human history’s 7000 or so years has witnessed state formations not legitimized by constitutions but instead by metaphysical ideas like god or nation or else simply by dominance. The legitimizing constitution of the democratic state, flourishing only some 70 years or so, is rare and precious because it interrupts the long-standing priority of the natural right of the dominant to rule, replacing it with the inalienable dignity of the human person. In the Preamble to the Indian Constitution, the dignity of the individual is even lexically prior to the unity of the nation. Important things follow from this.

Case Comment : Aparna Bhat and Others v. State of Madhya Pradesh and Another: Solemnizing Masculinity Through Rape the Quest for Justice

Dr. Gireesh Kumar J & Arjun Philip George

Dr. Gireesh Kumar J & Arjun Philip George Cite as : Kumar J G and George AP, “Aparna Bhat and Others v. State of Madhya Pradesh and Another: Solemnizing Masculinity Through Rape the Quest for Justice” (2021) I DNLU Student Law Journal <https://dnluslj.in/aparna-bhat-and-others-v-state-of-madhya-pradesh-and-another-solemnizing-masculinity-through-rape-the-quest-for-justice-by-dr-gireesh-kumar-j-arjun-philip-george/>.

Regulating the Unregulated Video-on-demand Platforms in India

Ravi Singh Chhikara & Abhinav Arora

Ravi Singh Chhikara & Abhinav Arora The exponential growth of popularity of video-on-demand platforms has brought a new regulatory challenge for the legislature. This paper ultimately advocates that it is high time that the government of India takes a paternalistic role and enacts a different pre-publication regulatory framework for video-on-demand platforms. The paper first clarifies Continue reading

Divesting Female Professionals of Their Righteous Future: Implication of Maternal Penalty and Strive Between Equity- Equality

Amisha Raghuvanshi & Vidushi Keshan

Amisha Raghuvanshi & Vidushi Keshan This article provides a comprehensive view of the struggle of pregnant women and mothers in workplaces by drawing a comparison to the male employees. It reflects on the existing inequalities against pregnant women in the workplace with few of the instances that have been brought to light. As most of Continue reading

The Comparative Jurisprudence of Secularism in France and India With Reference to the Enactment of Anti-separatism Law and the CAA

Deep Dighe & Tulsi Mansingka

Deep Dighe & Tulsi Mansingka The liberties provided by the principle of secularism in France and India are quite distinct from each other. The 1905 law i.e. laicite is a result of hard fought rejection of Catholic Church in the governance of the State and that has been the prevailing norm in France ever since. Continue reading

Heckler’s Veto and the Threat to Cinematic Freedom in India

Aisiri Raj

By Aisiri Raj
Freedom of speech and expression, including creative & artistic expression, is an inherent right. However, this right has been subject to two modes of censorship, i.e., limitations imposed by statutes and restrictions by public opinion. The restrictions to an individual’s fundamental right to speech and expression by a group of people who believe it be against their ideals gives rise to Heckler’s Veto. The paper provides an overview of the evolution of the doctrine of Heckler’s Veto in the United States and seeks to provide a proposition for its

Pandemic & Section 144: Unravelling the Debate Between Freedom of Speech and Suppression of Fake News

Deepnainee Kaushal

By Deepnainee Kaushal
The Constitution of India entitles right articulate speech and expression under the dominion of article 19(1)(a). The debate between the extent of such freedom and the restriction posed by the government was recently resurrected in the arduous time of COVID- 19 pandemic when the Mumbai Police Commiserate came up with a circular to control the propagation of fake news and hate messages. The order however, categorically made sharing of messages that criticizes the State Government, a crime. The paper analysis the philosophical viewpoint and Indian legal position with regards to the freedom to speak and express freely of discourse and articulation. The freedom encompasses right to criticize the government within its ambit. The research critiques on use of Section 144 of the Code of Criminal Procedure, 1973 to put a curfew on fundamental rights. Social media has emerged as an important platform of sharing information. However, lately it has been robotically hijacked to promote political propaganda. The outpour of misinformation during Covid-19 pandemic has increased to an extent that it has posed a threat on the doctrine of free speech. In this backdrop, there is undeniably a desideratum for comprehensive analysis of how the freedom operates as an instrument of Constitutional bulwark and to examine how democratic is social media. The paper provides in depth analysis of the gag order and concludes that the principle of proportionality needs

Treaty Shopping: Abuse of Double Taxation Avoidance Agreement (DTAA): Special Focus on the Case Study of India’s DTAA With Mauritius and the MLI Framework

Mohak Thukral

By Mohak Thukral
The essay is an attempt to explain the concept of ‘Treaty Shopping’ and traces the response of the Indian Government in tackling this form of Treaty Abuse. The paper will analyse India’s DTTA obligation with Mauritius, trace the trajectory of steps taken by the government including passing of GAAR rules and the judicial decisions starting from the Azadi Bachao Andolan Case to the recent Vodaphone Case while dealing with Treaty Shopping. The essay also briefly explains the recent developments in the international tax regime, including the ratification of the Indian Government of ratifying the Multilateral Convention (MLI), and its potential impact on the Indo-Mauritius Tax Treaty. 

Understanding Commercial Surrogacy: The Pact Between Barren and Broke

Sasthibrata Panda and Sanskar Jain

By Sasthibrata Panda & Sanskar Jain
Commercial surrogacy is, an agreement between intended couples and a surrogate mother, which is currently legal in India. The objective of the paper is to support the practice of commercial surrogacy and criticizes the draconian provisions of the Surrogacy (Regulation) Bill, 2019, which intends to prohibit commercial surrogacy. It argues that because commercial surrogacy paves the way to give a genetically related child to the infertile couples in return for consideration to the poor surrogate mother for her service. The paper resolves the conflict of parenthood and talks about the certainty of parenthood with the help of surrogacy contract within the purview of intention based and genetic relation based arguments.

An Evaluation of Effectiveness of BEPS Action Plan in Coeval Time

Shalini

By Shalini
Base Erosion and Profit Sharing is a strategy of tax avoidance in which the taxpayer makes an arrangement to shift profits from high tax countries to lower ones. The non-uniformity of rules in different jurisdiction creates a gap which is utilised by the taxpayers to minimize the tax payment which the jurisdiction would be entitled to receive. After the arrival of the report, OECD members and G20 countries formulated a BEPS Action Plan. To give effect and implement the plan, the countries went ahead and on each item a report was prepared called BEPS Action Reports.The endeavour in the present paper is to analyse the plan in the light of requirement of adequate tax framework in the international tax system. To accomplish this, the researcher would initially understand the compelling reasons to bring BEPS into action. For this, the Pre-BEPS era is described then there is brief discussion on action plans. Further to this, the researcher attempts to analyse the short-coming and appraisals of the introduced plan. The researcher also describes the position of India in implementation of the BEPS Action Plan. The researcher has also presented certain arguments