Law School Policy Review
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LSPR is run by a group of students from the National Law School of India University, Bangalore. We aim to use our legal expertise and analytical skills to present novel arguments on domestic and international issues that affect our daily lives.
Law School Policy Review
3d ago
Shrutanjaya Bhardwaj*
Article 19(1)(a) of the Indian Constitution guarantees a fundamental right “to know”. But what information does a citizen have a right to know? The Supreme Court’s Electoral Bonds judgment lays down an unsatisfactory test: that the information should be necessary for participatory democracy. The Court gives no reasons for laying down this test, except saying that it emerges from a reading of the Court’s previous judgments. But this is factually incorrect, and the Court overlooks some key judgments which contradict its articulation of the test. In doing so, the judgment ..read more
Law School Policy Review
5d ago
Manmayi Sharma* and Somya Jain**
The newly launched PM-eBus Sewa Scheme by the Union Government aims to deploy 10,000 e-buses in non-metropolitan cities of India. However, the absence of accessibility features in a significant number of these buses excludes a vast majority of persons with disabilities and others facing mobility challenges. This will contravene basic equality and accessibility mandates reflected in law and reinforced by the judiciary. Therefore, this article undertakes a critical examination of the e-bus tenders issued under the PM-eBus Sewa scheme in relation to disability l ..read more
Law School Policy Review
1w ago
Raghav Pandey* & Reyyi Sameera**
A moratorium, or statutory stay, represents a vital component within insolvency proceedings, whether they pertain to resolution or liquidation, constituting a cornerstone of the Insolvency and Bankruptcy Code (IBC) framework. Nonetheless, as per the IBC regime, certain transactions, agreements, and arrangements may be excluded from the purview of the moratorium by the government if it is deemed desirable. Recently, the Central Government, through a notification dated June 14, 2023, exercised this authority by exempting contracts, exploration licenses, and ..read more
Law School Policy Review
2w ago
Arnav Mathur & Maitreyee Mane*
The recent G20 Summit saw Indian cities experience a so-called ‘beautification’ initiative, which resulted in slum residents being enveloped with enormous green sheets and plastic materials. This article delves into the root causes of India’s housing poverty crisis, critically examining the housing policies enacted in the past 20 years. The authors argue that these policies fail to address Amartya Sen’s capabilities approach to development, perpetuating poverty and social exclusion cycles. They ultimately urge for sustainable solutions prioritising equitabl ..read more
Law School Policy Review
3w ago
Nikhil Naren*
The emergence of AI-generated creations has spurred debate surrounding the need for special rights tailored to these unique works. Unlike traditional intellectual property concepts, such as copyright or patent law, AI-generated creations challenge conventional notions of authorship and ownership. This article aims to explain why sui generis rights could offer a specialised legal framework to address the complex nature of AI-generated content, acknowledging the role of both human creators and AI systems in the creative process. Such rights would foster innovation, incentivise in ..read more
Law School Policy Review
3w ago
Dylan Sharma*
It is a practice that goes unnoticed – a popup on a website, fine print on an invoice or an advertisement in the middle of a video. What most consider a “nuisance”, the consumer protection authorities of various countries consider “dark patterns”. These are deceptive practices used by companies to drive sales by influencing consumer decisions. To ban such practices, the Indian Government released the Guidelines for Prevention and Regulation of Dark Patterns, 2023. These guidelines provide a clear definition of “dark patterns” as well as a comprehensive list of practices that wi ..read more
Law School Policy Review
1M ago
Rishit Soni & Akshay Sriram*
The Indian Parliament in the Winter Session last year witnessed a record number of suspensions like never before. In the meantime, various integral laws were debated and passed by the Government in the absence of several opposition MPs. The overwhelming rhetoric in this backdrop was the ‘unconstitutional’ tag being attached to these legislations by several journalists and critics, who demanded an inquiry into the procedural validity of such enactments. Through this piece, the authors argue that such enactment of legislation is not only procedurally valid, but ..read more
Law School Policy Review
1M ago
Sahajveer Baweja* & Vansh Bhatnagar**
UNODC
This article highlights the urgent need for a dedicated human smuggling law in India while scrutinizing the nuanced disparities between the crimes of human smuggling and trafficking, despite their apparent similarities. The article delves into examining Punjab’s status as a smuggling epicentre and critiques the implementation flaws of the Punjab Human Smuggling Act, 2012. The analysis advocates for legislative reforms, awareness campaigns, and enhanced enforcement to combat this pervasive issue effectively. Ultimately, the article calls upon the ..read more
Law School Policy Review
1M ago
Ansruta Debanth and Shubham Singh*
The paper provides a critical examination of India’s ‘Guidelines for Prevention and Regulation of Dark Patterns 2023’, highlighting issues of enforceability and contradiction within the framework. It proposes integration with the Digital Personal Data Protection Act, emphasizing the need for a comprehensive approach to address both consumer rights and data privacy concerns. Drawing comparisons with global practices, it suggests incorporating fiduciary obligations, establishing collaborative regulatory bodies, and enhancing enforcement mechanisms. Urging for ..read more
Law School Policy Review
1M ago
Aliza Khatoon*
Business Standard
The Cinematograph Amendment Act 2023 aims to combat piracy by prohibiting unauthorized recording and exhibition of films, receiving praise for its efforts. However, it falls short in addressing the complexities of online piracy, leaving loopholes such as mirroring servers and jurisdictional challenges unresolved. To tackle these issues effectively, comprehensive legislative amendments are needed, encompassing judicial, legislative, and international reforms. While the 2023 Act is a step in the right direction, it does not serve as a complete solution to the on ..read more