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Safer cities are a product of technology, policing, community participation, education, and planning and architectural design. In the policy frame, focus should be on inclusive development, participatory approaches, identity mainstreaming, and sustainable urban development to create a more equal and tolerant urban society.
Major Leetul Gogoi was commended when he broke the law by taking a Kashmiri civilian hostage. Now, the army is holding a second court of inquiry for another alleged act of indiscipline or worse.
Can New Delhi use new trade agreements to fix its abysmal record on contract enforcement?
The Eastern Corridor is a crucial highway for global trade flows, where any disruption could severely affect the global economy. The route comprises some of the world’s most vulnerable Sea Lanes of Communication (SCLOs), with potential flashpoints such as the South China Sea. For years, these SLOCs have been characterised by tensions in South Asia and Southeast Asia; the more recent years are seeing a heightening of both intent and capacity for
Economic Dependence Will Make New Delhi Forever Vulnerable to Beijing
Over the years, India has attempted to find political as well as legal solutions to its border dispute with China; these efforts have met with little success. This paper argues that the reason a resolution to the India–China border issue remains elusive is the inadequate understanding—and enforcement—of International Law. It examines the sustainability of China’s position, as well as its general approach to International Law, its interpre
The verdict delivered in July by an international tribunal on the South China Sea case in The Hague is a stunning defeat for China. The Tribunal has upended the maritime claims of a number of nations in the South China Sea, but China is most affected, as its claims were also most extensive. As China had already rejected the verdict even before it was pronounced, the world sits at a juncture of two possible paths — China could become more assert
This brief discusses the status of Gorkhas who have joined the Russian Army and the Wagner Group as civilians, combatants, and mercenaries. Would Gorkhas, who otherwise constitute part of the regular armed forces in the United Kingdom and India, enjoy the same status if they join an ongoing conflict without entering into any bilateral agreement between the states? If not, what will the Gorkhas' status be under the prevailing international law reg
The Cobrapost Paytm story highlights, perhaps more importantly, the inadequacy of the legal system in place when requesting data from online companies that collect vast quantities of information about their users.
By creating a “hub and spoke” model to counter international terrorism, the US today has a veto on its legal regime, its proscribed actors and use of military force.
Encrypting communications enhances privacy and the security of information services. This, in turn, incentivises innovation in the ICT sector and contributes significantly to the growth of the internet economy. India’s (now withdrawn) Draft National Encryption Policy was single-minded in its approach. It sought only to prescribe standards that would enable law enforcement agencies to access encrypted data. There are, however, multifarious conc
What India needs to understand is that legislation or institutions by themselves do not bring about social change. Countries of Europe or the United States, too, had a history of political corruption. But over the years they have cleaned up their act considerably because of popular sentiment, as well as institutions and laws.
India and the European Union (EU) share a deep political and strategic relationship that pivots around democracy, global rule of law, security, and trade. While the depth is obvious on paper, however, the partnership has delivered short on dividends expected by both sides. Yet diplomatic engagement remains robust, and in recent times is moving towards greater mutual understanding of the challenges of terrorism and the potential counterterrorism s
Far-right parties are on the march in Europe as identity issues become complicated and traditional values are seen as under attack
Ensuring contestability and fairness in India’s digital market—one of the world’s most prominent—is critical to ensuring consumer welfare. This paper outlines a legal and regulatory framework that can ensure contestability and fairness in the Indian digital market. The paper identifies the following elements of this toolkit: (i) competition law; (ii) ex-ante regulation for digital gatekeepers; (iii) laws for increased transparen
In February 2004, President George Bush outlined his new nuclear non-proliferation approach, in his ¿seven points¿ speech at the National Defense University. It include the setting up of proliferation security initiative which will control and monitor not only shipments and nuclear transfer of material/technology but also will be empowered to take direct action against the violators of the law.
The European Union (EU) stands at a critical junction in its institutional evolution. The European sovereign debt crisis in 2009, the Brexit decision in 2016, and the success of anti-European populist parties in many member states have triggered intense discussions about necessary reforms in the Union, which only intensified after Emmanuel Macron became president of France in 2017. His vehemently pro-European outlook and ambitious suggestions for
The key is to achieve peace within the Islamic Republic of Afghanistan — a system that is defined by its core values related to human rights, women’s rights, democracy, rule of law and political inclusion.
Despite the optimism surrounding the potential dividends from India’s youth population, demographic ageing is underway. All but five of India’s 28 states have fertility rates below replacement levels, with the share of older adults growing faster than all other age cohorts. However, existing policies, laws, and schemes targeting older adults have fallen short. Poor drafting, limited implementation, and a disproportionate focus on youth needs
US lawmakers have sought to make several commendable moves but their plan still comes up short
At a decisive meeting on the future of LAWS, countries such as Pakistan and Cuba have called for a pre-emptive ban, while others like US, Germany and Russia disagree.
We can turn blue in the face discussing the importance of the rule of law but more than its imposition, isn’t it the responsibility of every citizen to follow the law, both in letter and spirit?
In March 2019, the Ministry of Road Transport and Highways (MoRTH) rolled out the Bulk Data Sharing Policy for its databases. The policy states that organisations must pay an annual fee of INR 3 crore, and research and education 1 institutions INR 5 lakh, to access the databases in four data dumps. In the absence of a data protection law, sectoral regulators and ministries are issuing their own data 2 policies. Though the policy claims that the d
Baiting Pakistan into increasing its duplicity in its dealings with Nato, India has effectively provided the West with a convenient scapegoat. Come 2014, the historical narrative will more likely focus on betrayal rather than the reality of the West's bad homework and flawed assumptions.
Despite their growing usage in armed conflict, artificially intelligent unmanned combat systems raise questions of law, ethics and accountability
The Parliamentary Standing Committee's (on Personnel, Public Grievances, and Law & Order) decision to consider the possibility of recommending 'concurrent' or 'simultaneous' elections to the Lok Sabha and all State Assemblies across the country is a suggestion worth serious consideration, like very many other aspects of electoral reforms.
Legitimising Taliban is a global risk
Pakistan President Pervez Musharraf, in his five years as the martial law administrator, has never faced challenges of the magnitude he is grappling with now. Internally, Pakistan is faced with a crisis on many fronts. Despite a stable Government for over five years, and scores of promises, there is no sign of democracy.
India has become the largest and fastest-growing producer of audio-visual (AV) content in the world, with the highest number of hours of content every day. This brief discusses issues of intellectual property (IP) and competition in the AV content sector. Under India’s Copyright Act 1957, the owner of AV content is accorded exclusive copyright over their work, which includes the right to monetise. Effective copyright protection incentiv
Awake my Punjab, Pakistan is ebbing away, Baloch poet, philosopher and Left Wing activist lawyer, Habib Jalib wrote, "Our Dreams have faded now, Pakistan is ebbing away, / Sindh, Baluchistan, have been weeping for ages.
The Bharatiya Janata Party (BJP) has been raising the issue of illegal immigration from Bangladesh for a long time now, identifying itself with the “anti-foreigners agitation” in Assam in the 1980s. The party has recently amplified its position, twin-tagging the issue of illegal immigration from Bangladesh with a promise to update the National Register of Citizens, and amend the Citizenship Act to grant citizenship to Hindus, Buddhists, Sikhs
In the 'Bhullar case', the Supreme Court could now be construed to have applied the 'reasonable restriction' theory in the larger application of Article 14 of the Constitution, promising 'equality before law and the equal protection of the laws'.
Nepali political leaders have missed a self-imposed deadline for promulgation of the country's new Constitution. Last year, in the wake of the election to the second Constituent Assembly (CA), the lawmakers had kept January 22 as the deadline.
With the US already having made a strong base to deal with terrorist activities from external sources, it is time the US, and other countries develop mechanisms that tackle home-grown groups with vigour, but without endangering the principles of 'rule of law'. This is particularly important as the elements of home-grown terrorism are, in fact, the citizens of the respective countries.
In the last few years, the European Union has been developing alternative ways of digital governance. This 'European way' could represent a shared model for new players worldwide, or else, herald the beginning of the fragmentation of the World Wide Web. These developmentsfrom rulings of the European Court of Justice on 'the right to be forgotten' and on safe harbour, to record-breaking sanctions for violations of competition law, to standard�
India’s medical devices sector is poised to grow from a US$11-billion industry to US$50 billion by 2030. This expansion, however, hinges on regulatory reform, investment in innovation, and improved accessibility. Historically governed by drugs-centric laws, India’s medical devices sector now falls under the purview of dedicated frameworks such as the Medical Devices Rules (2017). Yet it continues to face policy uncertainty, and there are pers
In July 2024, United States (US) President Joe Biden signed into law a bill espousing the Tibetan people’s right to self-determination. The spirit of this law, ‘Promoting a Resolution to the Tibet-China Dispute Act’, stands in contrast to historical US recognition of Tibet as a part of China. This brief examines the evolution of US policy towards Tibet, beginning in the 1950s when its primary concern was the alleged human rights violations
Politics of appeasement must be done away with and New Delhi should extend all the anti-corruption laws of India, especially the Prevention of Corruption Act, 1988, in Jammu and Kashmir.
The labour laws certainly represent a small step but the introduction of even small reforms in labour legislations was long awaited to keep at bay the rising discontent among domestic as well as foreign entrepreneurs from India's manufacturing sector.
The electoral system of India has flaws and there is an 'anti-democratic conspiracy of silence' to hide it, Uttar Pradesh Congress Committee chief Mr. Salman Khurshid said during a talk on 'Has the Indian Electoral System Failed?' organized by the ORF Mumbai chapter of Observer Research Foundation on January 24,
Corruption has plagued India’s political and corporate landscape since Independence. In the United Kingdom (UK), Deferred Prosecution Agreements (DPAs) have proved to be an effective measure in combating corporate corruption. In the context of parallels between British and Indian laws, this report seeks to analyse the feasibility of applying a DPA system in India. It examines DPAs and their potential in India, and highlights the challenges in i
The United States and Luxembourg have adopted domestic space laws granting certain legal rights to space mining companies. These moves have initiated a debate on the future of this industry, as well as the passing of relevant laws governing outer space and its resources. This paper makes an assessment of commercial space mining activities in the broader context of the emerging space economy. It finds that entrepreneurs are increasingly looking at
The Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC) appears to be gaining momentum in formulating collective strategies to combat non-traditional security threats in the subregion. This brief describes how BIMSTEC had focused on bilateralism or trilateralism from its inception in 1997 until 2015, thereby failing to pursue a more comprehensive and long-term approach to addressing the common threats to their
Senior Supreme Court lawyer and ORF trustee Lalit Bhasin moots a comprehensive law to replace the obsolete Aircraft Act of 1934