Structured Legal Framework Must Protect Indigenous Intellectual Wealth

World | Indigenous Rights | Intellectual Property

Unlike tangible artefacts that can be physically transported back to their place of origin, intellectual property theft is a deeply insidious crime, often veiled under legal loopholes, creative expression, media wordplay, globalisation, and the pervasive influence of multinational corporations, writes Gajanan Khergamker.

The recent return of stolen artefacts worth millions from the United States to India marks a commendable step towards repatriating tangible heritage. However, it is but a fragment of a much larger issue that looms globally—one that involves the theft, exploitation, and misappropriation of intellectual property from indigenous peoples and cultures.

India's Trans Community Struggles Despite Sec 377 Repeal

India | Gender Rights | Law

Once seen as an outdated relic that criminalised same-sex relations, Section 377 gradually evolved, through judicial interpretation, into a protective tool for those on society's margins, writes Gajanan Khergamker.

In the corridors of justice, the spirit of the law often collides with its literal meaning, particularly when that meaning undergoes profound change. The Bharatiya Nyaya Sanhita (Indian Justice Code), which came into force in July 2024, marks a major shift by removing Section 377 from the Indian Penal Code.

India, That Is Bharat - Law | Policy | Perception | Practice

India | Asia | Democratic Processes

Within the legal framework of India, provisions exist to facilitate a transition from India to Bharat. It is plausible for this transition to occur, contingent upon political resolve and a societal climate conducive to change. All talk, till it converts into action, remains empty, writes Gajanan Khergamker

The roots of “Bharat”, “Bharata”, or “Bharatvarsha” are traced back to Puranic literature, and to the epic Mahabharata. The Puranas describe Bharata as the land between the “sea in the south and the abode of snow in the north”.

Breaking Speed, Even The Law

India | Public Space | Law

Installed at whim randomly by locals in violation of the law, with the authorities looking the other way, speed breakers harm more than help, writes Gajanan Khergamker

The most customary method for regulating traffic remains the use of traffic calming devices, commonly referred to as vehicle speed reducers. These calming mechanisms aka speed breakers are employed to prevent accidents and often turn into the cause of accidents, injuries and loss of life, if employed incorrectly. 

Sadly, in India, speed breakers are installed at the sweet whim of vociferous residents enjoying the patronage of local political leaders while giving the law a miss.

Trial Brings France Tryst With Femicide Back in Focus

France | Domestic Violence

Vallerie Bacot, mother of four was sentenced to one year in prison for killing her husband after decades of sexual, physical and psychological abuse starting when she was an adolescent. The verdict allowed her to walk free, as she has already served time in preventive detention. The trial revealed the degree of control and influence Polette — 25 years older than Bacot — had over her.

East Turns Stumbling Block For ‘Un’Civil Society

Indo-China | Diplomacy
“Doing good work does not give Civil Society groups immunity from laws,” said Finance Minister Arun Jaitley while defending the Indian government’s crackdown on foreign-funded NGOs. This, simply put, summed up the mood of the moment: That India, under the present-day Modi government, was no longer going to put up with illegality.

Implementation, Viable Alternatives Need Political Will For Plastic Ban To Succeed

India | Environment
The lack of alternatives to plastic for packing goods sold at stores across Maharashtra have led to the first major backtracking move by the State government which has relaxed the ban on plastics for general and grocery stores. Several shopkeeper associations had approached Maharashtra’s Environment Minister Ramdas Kadam and complained about the situation.

Elephanta Island Gets Powerful, Finally

India | Development
Elephanta Island aka Gharapuri is in the news and for all the wrong reasons. That the Elephanta Island, known for housing UNESCO World Heritage Site Elephanta Caves and receives more than 20 lakh footfalls of tourists annually, was shrouded in darkness every night for years on end – 70 in all - dashing all hopes and aspirations of progress for the 1,200 islanders living in three villages on the island didn’t quite qualify as news for the mainstream media.

Law On Rape Of Minors Is Populist, Must Be Inclusive

India | Gender
Of all offences, it’s the crime of rape that fires public sentiment the most, eliciting an outrage that exceeds the seemingly worst felony of all - murder too. It has probably more to do with the offence and associated gory details staying, even being replayed ruthlessly in memory with continual mention and recall that compound its severity. It’s this outrage that offsets any chance of the very objectivity needed to tackle the issue. The Kathua crime followed by the most recent Ordinance on ‘child’ rape, being a case in point.

Slow But Steady Upgrades In Gender Law

India | Gender
The recent rape incidents in Kathua and Unnao in Jammu & Kashmir and Uttar Pradesh respectively, have once again brought the issue of women’s safety in India to the forefront. These incidents garnered global attention, albeit negative, of national and international media with some groups allegedly even donning T-shirts across the world warning women to not visit India. The Kathua rape and murder case, in particular, brought back memories of the Nirbhaya rape case and triggered widespread protests.

Stunned By Law Mine, Goa Govt Treads Gingerly

India | Policy
In a breather for the mining industry, the Supreme Court on April 4, 2018, allowed the export of iron ore from loading points on river jetties while disposing a joint special leave application filed by Vedanta Resources and another local mining company. The Apex Court bench of Justice Madan Lokur and Justice Deepak Gupta maintained the iron ore for which royalty has been paid to the state government and has been extracted on or before March 15 this year, should be allowed to be transported. Senior advocate Shyam Divan and Kapil Sibal, appearing for the firms, had argued those ores were excavated prior to March 15 and firms had statutory approvals for export.

Legislature, Judiciary at Loggerheads

India | Law
The legislature in India often finds itself in a Catch22 situation with having to contend with the judiciary’s interpretation of a situation. Like the union government’s concern for ‘drunken driving and road safety’ issues. A Supreme Court (SC) order swiftly struck down a union government ‘Model Policy’ created to put into place rules to assuage the central government’s concern for public health, while dodging clear of states’ excise earnings. The SC said, there is no Fundamental Right under Article 19(1)(g) to trade in liquor: Liquor has been regarded as res extra commercium as decided in several judgements that include State of Bihar v Nirmal Kumar Gupta (2013), and a series of others.

Denial, Willed In Life, Is Not Suicide

India | Law
The Supreme Court’s recent ruling on the right of a person to make a Living Will, while hearing a petition by a registered society ‘Common Cause’, has underlined the inevitable. The petition concerned the right of a person to decide on the chain of events that would determine the future course of treatment should that person become incapable of making such a decision.

Inability To Prove 'Public Good' Will Fetch Damages, Punishment

India | Censorship
The headline of the article in question based on a single statement from Mr Guha Thakurta’s source and the circumstantial evidence used to support it simply didn’t seem to justify it. The article is broadly based on two arguments: Changes to customs duties over the years and APL’s false submissions before the Gujarat High Court, both of which seem based on errors.