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‘An assault on the constitution’

On a cold and snowy January night, an army contingent cordoned off a house in a sleepy village in Kashmir, the northernmost Himalayan territory embroiled in decades of conflict. The house belonged to...

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„Ein Angriff auf die Verfassung“

In einer kalten und verschneiten Januarnacht riegelte ein Armeekontingent ein Haus in einem verschlafenen Dorf in Kaschmir ab, dem nördlichsten Himalaya-Gebiet, das seit Jahrzehnten in einen Konflikt...

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The Hijab Ban in India has nothing to do with Secularism

In February 2022, educational institutions in the town of Udupi (in Karnataka, India) decided to ban the wearing of Hijabs by Muslim students in a college. This ban is unconstitutional. It is not in...

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The Development of Surveillance Technology in India

The Mumbai terror attack of 26 to 29 November 2008 (“26/11”) is etched in the minds of Indian citizens, who can never forget the loss of life and destruction they witnessed in those three days....

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The Rule of Law in a Reign of Terror

“You know, my younger sister was born in that house. Our house is as old as my younger sister, in some sense. And it was our space: we could be ourselves; we could be free… Of course, it is happening...

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Challenging Censorship

India’s online censorship laws have, since they were framed, been entirely lacking in transparency, and have consequently shielded the Indian government from any and all form of accountability. A writ...

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Throwing the Delegation Doctrine to the Winds

In early-November, 2022, the Indian Ministry of Electronics & Information Technology published the draft Digital Personal Data Protection Bill, 2022 (‘the 2022 Bill’), which represents the Indian...

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Kashmir in Turmoil

The beautiful landscapes of Kashmir have made it into several romantic Bollywood movies. In the films, lovers dance and sing in front of snow-covered mountains, turquoise lakes, and green valleys....

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Constitutional Patriotism for the Marginalized

Constitutions depict social realities, tell stories, reflect on people and culture. They are the embodiment of a state reality, matured by a national history, admonishing and guiding politics and the...

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The Politics of Internet Shutdowns

Frequent internet shutdowns in the Indian region of Kashmir provide a valuable case study for how technology governance can become a tool of political control. The Indian government leads the world in...

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“We Know Where You Live”

„We know where you live“ is one of the most dreaded and threatening statements a Kashmiri can hear from the state armed forces. It can mean a number of things to an ordinary Kashmiri, including “we...

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Suppressing Political Dissent

The administrative preventive detention law Jammu and Kashmir Public Safety Act, 1978 (PSA) is one of the most stringent laws to uphold in what is referred to as  the “security of the state and the...

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Suppressing Political Dissent

The administrative preventive detention law Jammu and Kashmir Public Safety Act, 1978 (PSA) is one of the most stringent laws to uphold in what is referred to as  the “security of the state and the...

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Constitutional but Criminal

In the last two years, India has witnessed significant changes in the legal regulation of abortion. In 2021, Parliament comprehensively amended the Medical Termination of Pregnancy Act, 1971 (“MTP”...

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The Indian Supreme Court Collegium Picking its Battle

In an unprecedented move, the collegium of the Supreme Court of India on the 17th and 18th of January, 2023, passed resolutions calling out the executive’s delay in the judicial appointments of five...

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On the Road to Censorship

Freedom of expression is in peril in India. To be fair, the Indian Supreme Court has never been a devout protector of freedom of expression. When presented with the option, it has often leaned towards...

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The Janus Face of Fetal Citizenship: A Tool of Inclusion or a Threat to...

Should citizenship status be conferred upon an unborn child? In a 2022 landmark decision, Pranav Srinivasan v. Union of India, the Madras High Court answered this question in the affirmative....

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Rahul Gandhi’s Disqualification and the Future of Political Opposition in India

With the general elections scheduled for early next year and several crucial state elections lined up for later this year, the ruling party’s onslaught on their opposition continues in India. The...

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50 Years of Kesavananda Bharti

India is celebrating the 50th anniversary of the landmark Kesavananda Bharti decision this year, which concretized what we now call the ‘basic structure doctrine’. The doctrine emerged in a very...

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