Volume XII, Issue I

This volume is considered to be published in December 2022

Articles

 

Constitutional Guarantees for Indian Cinema: A Study of Film Censorship in its Lead up to the Cinematograph (Amendment) Bill, 2021

Kartikeya Anshu here explores the practice of film censorship in India, delving into its historical context and legal framework. He examines the clash between freedom of speech and expression and the regulations imposed on filmmakers, while also discussing the politicization of film censorship and proposing potential reforms to achieve a better balance between creative expression and reasonable restrictions.

 

Like Wheels to a Chariot: Exploring the Silentspring of ‘Business and Human Rights’ and ‘Corporate Social Responsibility’

Ajay Raj and Abhay Raj here explore the convergence and challenges between Business and Human Rights (BHR) and Corporate Social Responsibility (CSR). This article proposes a fusion model of BHR with CSR, emphasizing the need for an international framework convention and a corresponding domestic framework to establish a “duty to protect” human rights.

 

Compensation based on Circumstances in Investment Arbitration

Ahan Gadkari here talks about the importance of considering the economic and political conditions of a host state when determining investor claims in investment arbitration. This article highlights the challenges faced by tribunals, using recent cases involving Venezuela as examples. It also emphasizes the need for a comprehensive strategy that takes into account all relevant circumstances and risks, advocating for stringent legality differentiation in determining quantum.

 

Strategic Lawsuits against Public Participation in India –An Analysis in the Context of Indian Defamation Laws

Akshay Luhadia
and Istela Jameel here highlight the threat to free speech and expression in democracies, with state institutions being used to silence citizens through Strategic Lawsuits Against Public Participation (SLAPP). They discuss examples of SLAPP cases in India and the negative impact on democracy, particularly targeting minorities and women.

 

Big Data and Privacy in Digital Market: -A Future Roadmap for Indian Antitrust Authority

Mayank Gandhi here examines the role of data in digital businesses and its impact on competition and privacy. He argues for the intervention of the Competition Commission of India to address competition concerns related to big data, and propose solutions to effectively tackle these issues.