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The concept of ability breeds discrimination. On the basis of empirical evidence and other intangible aspects of human existence, the authors submit, that the theory of centrality governs the understanding of canons of criminal jurisprudence asymmetrically more than the theory of marginality. It is in this light that the insanity defence needs substantial, if not total, reconstruction. The article characterises mental disability with reference to the concept of responsibility in criminal law underlining the essential variance in the perception and construction of the defence.  The authors, on one hand, highlight the quandary of the present-day approach by underlining the invasion of the most basic rights such as that of equality, non-discrimination and the right to access justice and self-determination, while on the other hand, dwell on the glaring inconsistencies in the law and procedure in this area. Finally, the authors reason that the critical disability viewpoint requires us to avoid adopting any exclusionary action, more so on the basis of rationality that the majority commands. The focus must not be to place people beyond criminal adjudication but to improve rehabilitation services and expand the understanding of subjective defences of mens rea. This is what the disability discourse stands for.

The advent of mainstream genres in music has given rise to a plethora of copyright claims, pitting top artists against each other. For instance, The Hollies’s claim of infringement against Radiohead over ‘Creep’, which followed Radiohead’s own claim relating to the track against Lana Del Ray. The note aims to assess whether such concerns pertaining to infringement are overstated, especially in light of various factors that propel the composition of music today. First, many mathematical studies indicate that the number of harmonies that may be constructed on a given number of bars are finite. Second, ‘pop’ or ‘rap’ music artists today show a trend of utilising similar scales, chords, time signatures and beats (i.e., easier scales on smaller and repetitive bars that could be popularised amongst the audience due to their ease of making ‘covers’, amongst other methods). Third, the creation of marketable music draws on the pre-existing corpus for inspiration, which is the reason why one witnesses the amount of remixing and sampling of music as done today. The author understands that the basis of copyright lies in the recognition of an individual’s creative efforts. However, this may be offset by the increasing commercialisation of tunes in the twenty-first century. This note proposes to explore arguments furthering the above-mentioned statements, essentially to determine whether courts should be taking such claims of copyright infringement as seriously.

Under the Protection of Children from Sexual Offences Act, 2012, (‘the Act’) a minor cannot consent to sexual acts. This has brought minors in consensual relationships in conflict with the law by restricting their sexual autonomy and criminalising innocent juveniles.  This paper examines the rationale for this law and explores its consequences on minors’ relationships. It argues that the judicial interpretations of the Act have distorted the notion of a minor’s consent, leading to adverse consequences for minors in conflict with the law. To address these issues, it proposes a novel approach to a minor’s consent. It shows that the existing law creates an overinclusive and rigid ‘rule’, and a standard grounded in the minor’s competence to consent is desirable vis-à-vis the existing rule. This paper justifies this standard by demonstrating how it better accomplishes the objectives of the Act while preventing consenting minors from falling afoul of the law. It then lays down the parameters and psychological underpinnings of this standard. To demonstrate its potential for just outcomes that align with the objectives of the Act, the paper applies this standard to case laws and offers alternative decisions.

Provisions in the Indian Constitution are capable of an ‘ecdysis’. That is, they may completely shed their skin to don another. Their text may acquire a new legal meaning without any formal change whatsoever. This provokes a unique concern: Constitutional provisions may get pitted against one another. The conflict is a given due to the presence of the ‘basic structure’ doctrine. It demands that all under the Constitution be ever-compliant with fixed Constitutional mores. Only select provisions carry this essence of indispensability. They constitute the core around which the Constitution thrives and was born for. Dynamism denotes that provisions outside of the core may don an unpalatable meaning. Basic provisions may conflict with the circumstantial ones. The concern only deepens from thereon. Even the essential text may not be eternal for posterity. That is, the core provisions may themselves switch meanings. As such, the circumstantial and static provisions may again be in a conflict with the core. This time, obsolescence is the latter’s undoing. Either way, interpretive fluidity heightens the risk of an inter-provisional conflict. A surgical scrutiny of the doctrine helps construct the conceptual aftermath. It was initially forged for unconstitutional amendments that attacked the core.  Time has wrought on it details that enable an enhanced function. It now tackles all forms a threat may shapeshift into.  The basis of this assertion is the doctrine’s design. It is best justified as a manifestation of ‘living-originalism’. This theoretical underpinning makes for a unique occurrence. India’s Constitution may cauterise its own text for self-preservation.

Inclusive education has been embedded into Goal 4 of sustainable development. The Sustainable Development Goals (‘SDGs’), 2030, developed by the United Nations and agreed upon by all its member States, explicitly integrate persons with disabilities and their voices, unlike the erstwhile Millennium Development Goals. In this paper, we assess the compliance and compatibility of India’s legal and policy framework for education of children with disabilities with the goals enumerated under SDG 4 on education. In order to make such an assessment, the paper focuses on the Rights of Persons with Disabilities Act, 2016, the Right to Education Act, 2007, and the National Education Policy, 2020. Data sources, studies, and ongoing litigations in India reveal that the needs of children with disabilities continue to be inadequately met by the State. Therefore, the government’s present policy initiatives towards early childhood interventions, school-going age initiatives, and integration into higher education are mapped and analysed in this paper. Lastly, the paper provides certain suggestions that could facilitate holistic and inclusive education of children with disabilities and ensure our achievement of SDG 4 on education.

Over one billion people worldwide suffer from a disability. Equal access in education and employment for this community of people is a  primary focus of the disability rights movement. The barriers to achieving this are compounded in developing nations, where jurisprudence on this issue remains lacking. Foremost among these barriers is the definition of disability adopted in varying jurisdictions, which often focuses on the medical, rather than social, model of disability. One of the most significant ways to combat discrimination against persons with disabilities remains the right of reasonable accommodation, first proposed in the United States of America (‘USA’) in the landmark Americans with Disabilities Act, 1990. This paper adopts a cross-jurisdictional approach to the issues of defining disability and adoption of the right of a reasonable accommodation in the spheres of education and employment, comparing the construct of the Americans with Disabilities Act, 1990 against the (Indian) Rights of Persons with Disabilities Act, 2016, with the aim of providing suggestions to fortify Indian jurisprudence in this area of law. 

Promise to marry cases involves instances where the prosecutrix alleges that her consent to sex is vitiated since it was given under a belief of the misrepresentation made by the defendant that he would marry her in spite of him having no such intention to do so from the start. This note adds to the discourse surrounding false promise to marry cases by assessing the harms inflicted by such deceptive acts and exploring whether a civil remedy could effectively center women’s agency within this context. The note challenges the prevailing notion that ‘vitiation of consent’ should serve as the litmus test for addressing these cases as this criterion falls short in capturing the nuanced dynamics inherent to such situations and perpetuates harmful stereotypes and outdated norms. Furthermore, a careful analysis of Clause 69 within the proposed Bharatiya Nyaya Sanhita Bill, 2023, reveals potential shortcomings associated with criminalisation, such as intrusive legal proceedings and the possibility of misuse. The note then looks at the possibility of a civil remedy highlighting certain advantages and disadvantages. The overarching aim remains the elevation of women’s subjectivity in both the perception of such conduct and the ultimate outcomes of these cases.

One can ponder whether blockchain technology can provide a viable new-age solution to the age-old growing concerns surrounding corporate governance. This paper argues that the integration of blockchain technology has the potential to revolutionise the way corporations manage their governance processes. It highlights how the issue of agency costs, information asymmetry and lack of shareholder activism can be addressed by the lightning quick, secure, transparent, and immutable records of transactions on the ledger, thereby making it an ideal tool for improving corporate transparency and accountability. The ability to lower shareholder voting costs and the organisation costs for companies, including holding of an annual general meeting benefits both the company and the erstwhile forgotten shareholders. Further, through the introduction of tokens, and its uniquely malleable nature, blockchain provides the company with an opportunity to get creative with its capital raising while allowing a tokenholder to reap such benefits over a similarly placed shareholder. Lastly, the paper showcases that by reinstating oversight over the managerial role in hands of those directly impacted by a company’s actions, blockchain allows us to call for the wringing back of control. Hence, the enhancement in a company’s overall efficiency allows us to eliminate corporate governance concerns through the implementation and integration of blockchain technology.

On January 24, 2023, shockwaves reverberated through the Indian stock market as the Hindenburg Research unveiled their report on the Adani Group. The report’s allegations of stock manipulation and fraudulent accounting against the Adani Group arrived just as the conglomerate prepared for a monumental INR 20,000 crore further public offer (‘FPO’) the following week. Swiftly responding to these allegations, Adani framed the accusations as an assault on the nation’s economic fabric, an assertion that disrupted the FPO, causing a seventy-percent collapse in Adani stocks and rattling retail investors. Adani’s counter also shed light on Hindenburg’s advantageous short selling tactics. This seismic event prompted a regulatory flurry, prompting three public interest litigations demanding a Supreme Court investigation, with both the Reserve Bank of India and the Securities and Exchange Board of India launching independent inquiries into the allegations against the Adani conglomerate. In this paper, the authors undertake a comprehensive analysis of the Adani-Hindenburg saga and the broader implications it carries. The authors navigate the intricate legal, regulatory, and ethical landscape to critically evaluate the existing mechanisms designed to safeguard investor interests from the finfluencers and research analyst organisations such as Hindenburg. By examining the strengths, gaps, and opportunities for improvement within these mechanisms, this paper seeks to provide a nuanced understanding of how the financial ecosystem can better shield investors against unforeseen market turmoil and manipulative practices.