08 October 2024
The Bombay High Court Dismisses the Ministry of Truth
In 2023, the Indian central government established a Fact Check Unit to monitor online content related to ‘any business of the Central Government’ and order the takedown of any information that it considered ‘fake or false or misleading.’ The FCU itself was envisaged as a public body and a part of the central government. As it seems, the Indian central government wanted to depart from existing liability rules protecting platforms in all cases of online criticism of the Indian State. As the FCU would be the last arbiter of what could be said online in India about the central government, the amendment instituted what could be called a ‘Ministry of Truth’. This was struck down by the Bombay High Court. Continue reading >>
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29 August 2024
Lights, Camera, Inclusion?
On July 8th, 2024, the Supreme Court of India ruled on a case challenging the movie "Aankh Micholi" for allegedly reinforcing harmful stereotypes about disabilities. The Court declared that “disabling humor” which demeans persons with disabilities would not be fully protected as freedom of speech. While the judgment provided an in-depth analysis of creative freedom and the rights of persons with disabilities, it stopped short of issuing binding directives, thus lacking the teeth necessary to effect meaningful change in how disabilities are portrayed in media. Continue reading >>
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19 April 2024
The Right to Education and Democratic Backsliding in India
Since the election of the Bharatiya Janata Party (BJP) to power in the federal elections in India in 2014, the country’s performance in key indicators of democratic quality has suffered. Over the course of its two terms in power, the party has sought to subvert key institutions for accountability, enact an ethno-cultural majoritarian electoral agenda, and use federal law enforcement agencies against their political opponents. While there is extensive literature on the erosion of civil-political rights in the past ten years, the effects of the BJP government on social rights like education and healthcare remain under-explored. Therefore, in this post, I explore three striking dimensions of primary educational policy under the BJP government. Continue reading >>
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17 April 2024
India’s Push-and-Pull on Reproductive Rights
For a piece mapping India’s push-and-pull on reproductive rights – the expanse of its protection and the edges it comes up against – history is a good place to start. Rights in the reproductive sphere are relatively new to India. While India enacted a seemingly liberal abortion legislation as early as 1971, concerns about women’s rights were hardly the drivers behind it. Women’s bodies were a means to achieve the State’s end of population control. It is difficult to justify if women were truly seen as rights-holders. Did this change in recent years? Continue reading >>
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15 April 2024
The Fabulous and the Fascist
The last ten years have witnessed the gradual collapse of democracy and constitutionalism in India. Where do LGBT rights figure in all this? I contextualize the wins and the losses and discuss why LGBT rights in India are not “under attack” as they have been under authoritarian governments elsewhere. Continue reading >>12 April 2024
Gender, Equality, and the Predicaments of Faith
In the context of the rise of the global right, feminist debates on gender and sexual rights can and have at times slipped into a left and right ideological divide. In reflecting on the ways in which gender equality has been addressed in the context of Indian constitutional law over the past two decades, what emerges is a more complex picture. Continue reading >>
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11 April 2024
The Digital Public Square meets the Digital Baton
The value a society and its laws place on protecting free speech is arguably most keenly felt where that speech takes a critical turn. Which is why the history of this field is littered with prosecutions and penalties being levied against problematic speech, inviting courts to draw the lines between what is protected and what is not. The past ten years in India demonstrate that when faced with speech that is critical of government policy or state action, the state has become increasingly hesitant to let it remain on air. What is perhaps most alarming for the health of democracy is that, in most cases, there is often a synergy across the three arms of the State that curbing problematic speech is the best course of action to follow. Continue reading >>
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07 April 2024
Reimagining Indian Federalism
As India’s new dominant party system coalesced after 2014, the country entered a phase of centralisation. India has always had federalism with a strong centre, but from the late 1980s to the mid-2010s, political and economic regionalism and national coalition governments encompassing national and regional parties produced an appearance of deepening federalisation. Since 2014, when the Bharatiya Janata Party (BJP) became the first party in over 25 years to win an outright parliamentary majority, the twin pillars of political centralisation under a dominant party system and economic concentration, have once again drawn attention to the contested nature of India’s federal contract. Continue reading >>
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06 April 2024
Civil Society and its Engagement with the Constitution
The Indian Constitution is as much a culmination of the ideas of the freedom movement against colonial powers as it is of the achievement of a social revolution through law. Our Constitution, which was inspired by the Universal Declaration of Human Rights, thus, not only provided for political freedom from foreign rule and established a democratic republic, but it also provided a road map to undo the deeply entrenched hierarchies, inequalities, and social exclusions in our society and therefore for a social transformation. Much of the civil society interventions of the last seven decades have been to work for redeeming the promise of the constitution inside and outside courts. Continue reading >>
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06 April 2024