“There is a view point that post retirement appointment is itself a scar on the judicial independence of the Judiciary. In fact this is valid and strong point.” – former Chief Justice of India (CJI) Ranjan Gogoi This was the obiter dicta of former CJI Ranjan Gogoi while hearing 18 petitions related to challenges to [...]
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Critical Analysis of India's Protection of Children from Sexual Offenses Act 2012
Content Warning – This piece discusses law and policy around child sexual assault. The Protection of Children from Sexual Offenses Act (POCSO) came into force on November 14, 2012, and was specifically formulated to deal with offences including child sexual abuse and child pornography. The Act through its 46 provisions increased the scope of reporting [...]
PM CARES Fund and PMNRF: Analyzing the Associated Legal Concerns
As the entire world is groped by the life threatening Coronavirus, our Prime Minister launched the PM CARES Fund through a thread of tweets on March 28, 2020 to gather public contributions to fight against the pandemic. Within the first 15 minutes of the launch of the fund, it began receiving huge donations. Within 25 [...]
US Secretary of Interior orders removal of the Mashpee Wampanoag Tribe's land from federal trust
The Mashpee Wampanoag Tribe’s chairman said Friday that the US Secretary of the Interior has issued an order disestablishing the Mashpee Wampanoag reservation and taking its land out of federal trust. The Mashpee Wampanoag Tribe’s land was taken into trust by the US Department of the Interior in September 2015. However, relying on the US Supreme [...]
India Supreme Court rules for Hindus in Ayodhya holy site dispute
The Supreme Court of India issued a unanimous ruling Saturday in the decades-long Ram Janmabhoomi Babri Masjid land case, finding for the Hindus. A small plot of land about 1500 square yards in the city of Ayodhya in the northern Indian state of Uttar Pradesh has traditionally been believed by Hindus to be the birthplace [...]
The upper house of India’s parliament approved a bill on Thursday to amend the Right to Information Act of 2005. The bill has already been passed by the lower house of parliament and will become law once it receives presidential assent. Amendments to the law proposed in the bill include changes to the fixed term [...]
India officials raid prominent human rights lawyers over alleged misuse of foreign funding
India’s Central Bureau of Investigation (CBI) raided the homes and offices of two senior human rights lawyers, Anand Grover, and Indira Jaising, on Thursday in an investigation into allegations of illegally receiving and misusing foreign funds for their NGO. The raids prompted criticism they were being targeted for political reasons. Federal officers conducted searches relating [...]
Is Unilateral Revocation of the Indus Water Treaty Permissible Under International Law?
Amid the perpetual political tension between India and Pakistan, the Indus water treaty (IWT) is perhaps the only international instrument which has proactively engaged both the countries in bilateral relationship. In fact, the treaty has been the most significant confidence building measure between India and Pakistan since 1960. Despite multiple wars and hostilities between the [...]
Supreme Court holds Congress may retroactively take property into trust for Native American tribes
A plurality of the US Supreme Court on Tuesday held that Congress possesses the legislative powers to retroactively immunize the Secretary of the Interior (Secretary) from suit for taking property into trust for the benefit of...
JURIST Guest Columnist Professor Monte Mills of the University of Montana's Alexander Blewett III School of Law discusses the Dakota Accesss and Keystone XL's joint impact on tribal treaty rights ... On March 23, Thomas A. Shannon, Jr. , the...