Indian Journal for Research in Law and Management
Advancing Law and Management
ISSN No. : 2583-9896
ISSN No. : 2583-9896
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GENDER, AUTONOMY, AND THE CONSTITUTION: A CASE COMMENTARY ON ANUJ GARG V. HOTEL ASSOCIATION OF INDIA
Abstract
The relationship between protective legislation and substantive equality has long troubled Indian constitutional jurisprudence. Laws enacted with an ostensibly benevolent purpose — to “protect” women from workplace hazards — have historically operated to exclude them from public life altogether. Anuj Garg v. Hotel Association of India represents one of the most significant judicial interventions on […]
Abstract
Although everyone is guarantee of equal protection under the Constitution, numerous laws discriminate against persons based on their gender. This raises a crucial legal question: When does gender-specific law become discriminatory, and when is it necessary? This argument is important because certain legislation may unintentionally reinforce old gender stereotypes, while others correct historical inequalities. This […]
Abstract
In recent past we have witnessed India’s mineral sector being reshaped into a competitive commercial market, instead of its traditional image as a discretionary licensing system. The repeatedly amended Mines and Minerals (Development and Regulation) Act, 1957, with the recent amendments of 2015 and 2023, presently allocates mineral franchise largely through auctions, and has made […]
Abstract
Plant varieties’ exclusion from patentability under the Patents Act, and their relocation to the sui generis regime of the Protection of Plant Varieties and Farmers’ Rights Act , (PPVFR Act) is now, a settled theorem amongst Indian IP scholars. Analysis on genetically modified (GM) crops time and again restates this divide and concludes with Monsanto […]
Abstract
On the 3rd night of December 1984, a toxic gas leaked from the Union Carbide plant into the atmosphere of Bhopal resulting in one of the worst industrial catastrophes in the history of India. Four decades later, the waste it left behind remained at the site. In December 2024, the Madhya Pradesh High Court denounced […]
Abstract
In 1997, almost 30 years ago, India signed the United Nations Convention Against Torture (UNCAT). Till date, India has not ratified it. In the interim, the country witnessed one Bill passed by a House of Parliament, a comprehensive Law Commission Report with a prepared draft statute, and a Supreme Court petition asking the judiciary to […]
Abstract
The Constitution of India is the supreme law of the land and establishes a framework of limited government in which State power remains subject to constitutional restraints. Fundamental Rights guaranteed under Part III serve as essential limitations on governmental authority and provide individuals with enforceable protections against arbitrary State action. Judicial review enables constitutional courts […]
Abstract
Artificial Intelligence (AI) is increasingly being integrated into policing, welfare administration, employment, credit, education, healthcare, judicial and legal systems, and public administration. Algorithmic systems may improve efficiency, consistency and the processing of large quantities of information, but they may also reproduce or amplify discriminatory patterns embedded in historical data and institutional practices. Where governmental decisions […]
Abstract
Introduction: Human rights are generally understood as rights inherent to every human being by virtue of being human. They are not conceived as privileges granted by the State or as entitlements dependent upon citizenship, social status, nationality, religion, or cultural identity. This conception received its most influential international articulation through the Universal Declaration of Human […]
Abstract
Article 21 of the Constitution of India has evolved from an innocuous provision guaranteeing life and personal liberty to a catch all entry entrenching various substantive rights. Since Maneka Gandhi v Union of India, the interpretation of Article 21 has been expanded to encompass dignity, privacy, livelihood, health, education, environment and individual autonomy. While the […]