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Article 44 of The Constitution of India, provides that 'The State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India.' Even after more than six decades, this anticipated code has not been developed or implemented. This book...
Land ownership in India has always been a risky proposition. The hitherto unfettered power of acquisition and the refusal of the Parliament to recognize the right to own property as a fundamental one, had emboldened the state to stake claim on any land it saw fit....
In 2012, the Bombay High Court celebrated the 150th year of its existence. As one of three high courts first set up in colonial India in 1862, it functioned as a court of original and appellate jurisdiction during the British Raj for over 80 years, occupying the topmost...
Intellectual Property Rights (IPRs)—the idea of knowledge as property—and its role in human society is being increasingly discussed across nations and borders. Involving legal, political, cultural, and ethical issues, debates on IPRs continue to be complex and...
A just, fair, reasonable, and purposeful exercise of arrest and detention powers by the State is both in the interest of the individual and the society at large. However, very often individual rights are impinged by arbitrary and illegal exercise of State power to...
According to some estimates, there are around 20 to 60 million people with disability in India. For long this invisible minority went without any kind of protection or even legislation aimed at recognizing their basic rights. It was only in 1995 that the government...
This book approaches contested secession and the more Western concept of consensual secession from a political theory perspective. In particular, it focuses on the Kashmir issue as a form of contested secession and examines whether the Kashmiri people have a ‘right’ to...
The civil rights of Indian citizens are guaranteed both in the Indian Constitution and through the State's international commitments. Despite these guarantees, the civil rights framework encounters numerous challenges from the State—problematic counter-terrorism laws,...
This book aims to expand our understanding of the role of institutions, norms, and key players in shaping the evolution of child rights in India. It traces the evolution of the child rights discourse in post-Independence India, suggesting that there are different and...
The malaise of corruption has become deeply embedded in the political and social fabric of the Indian society.The increased frequency and scale of corruption have had deleterious effects on a wide range of issues. Corruption, therefore, must be viewed not just as an...
The writing of history in India has been fraught with controversies. From the storm over textbooks in the 1970s, and the furore over the Babri Masjid in the 1990s, to the flaring up of religious sentiments over 'beef-eating' and the Ram Sethu, this book provides a...
Despite the critical role played by the Supreme Court of India, the lives of the judges have never been studied before. This seminal book presents biographical essays for each of the first ninety-three judges who served on the Court from 1950 through mid-1989. The...
The Indian state till recently denied information about its functioning and decision-making to its citizens, ironically, using laws made during the colonial period. Apart from being an anomaly in a democratic set-up, it created an adverse impact on the quality of...
Family law in India has a complex legal structure where different religious communities are guided by their own personal laws, each of which historically evolved under various social, religious, political, and legal influences. In two comprehensive and lucid volumes,...
The basic strucure doctrine articulated by the Indian Supreme Court in 1973 made it amply clear that the basic features of the Constitution must remain inviolable.The doctrine has generatd serious debates ever since as it placed substantive and procedural limits on the...
The Indian telecommunication sector has seen far-reaching changes in the last two decades due to increasing globalization, rapid pace of technological innovations, and rising consumer demands. Myriad and complex problems have arisen as a result of these developments....
Contributing to the ongoing debates on citizenship, this book traces the Citizenship Act of India, 1955 from its inception, through the various amendments in 1986, 2003, and 2005. It includes detailed studies of other significant laws and judgments including the...
This major work, a sequel to the acclaimed The Future of Human Rights, brings together reflections on human rights theory in the contemporary human condition delineated by the discourses concerning 'development', 'terror', and the emergent 'posthuman'. While...
This book presents a study on a postmodernist analysis of classical Hindu law, which has become neglected due to the modernist assumptions about the increasing irrelevance of ‘religious’ legal systems. The book is split into three parts. The first part focuses on the...
This book, strongly grounded in primary sources, makes an important contribution to the intellectual history of early modern Bengal. It brings to light the complex interpenetration of diverse interests, opinions, and ideologies articulated by various social groups...
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