BofaxeCurrent Developments

India’s mosque that was and temple that will be

On the issue of minority land rights in international law

“Mandir mein, masjid mein tu aur tu hi hai imaano mein” [You’re there in the temples, in the mosques, and in all belief]. These lyrics, performed in a musical ode to the eternal sentiment of love as part of the famous 1960 Indian film “Mughal-E-Azam”, echoe the quest for inter-religious harmony in the subcontinent. This theme was at issue in the Indian Supreme Court’s landmark judgment of 9 November in …

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Current Developments

Manual scavenging: outlawed, yet persisting

The stinking legacy of suffocation and stigma captures the degrading practice of Manual Scavenging in India. Twenty-six years after this repulsive practice has been outlawed by the Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, there are still 182,505 manual scavengers across India, with 740,048 households using the services of manual scavengers for clearing out human excreta. Alarmingly, this number does not include septic tanks, public sewers, and railway …

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BofaxeCurrent Developments

Land and identity

On India’s revocation of Jammu & Kashmir’s special constitutional status

“There will be chaos if our identity is compromised”. This statement by Mehbooba Mufti, former Chief Minister of the Indian State of Jammu and Kashmir (J&K), shows that the long-simmering conflict over the region (see also Bofax Nr. 517E “Trading Blows”) has once again reached boiling point. Juxtaposing the interplay of land and minority identity in Kashmir with the current ascendancy of land rights in international law, we see that …

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Current Developments

India’s anti-satellite missile test

Another reminder of the gaps in the 1967 Outer Space Treaty

In a much-publicized address on 27th March, India’s Prime Minister Narendra Modi announced that the country successfully tested its anti-satellite (ASAT) missile by destroying a live mini-satellite placed in Low Earth Orbit (LEO), 300 kilometres from the earth’s surface. Codenamed “Operation Shakti”, the ASAT missile has been developed indigenously by the Defence Research and Development Organisation (DRDO). Reportedly, an interceptor missile was used, which was part of the DRDO’s ongoing …

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DiscussionResponse

A BIT of resistance

A response to Prof. Prabhash Ranjan’s plea for embedded liberalism

In our current framework of post-truth/factual/reality politics, much of the debates surrounding crucial issues of both domestic and international governance are invariably couched in an inflexible, partisan and for most parts, in parochial terms. There is either utter disdain towards opposing perspectives or deliberate display of ignorance for plausible and varying rationalities. Nothing has been as vehemently contested as the role of the state in the economy, financial intermediation and …

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Global South in Comparative Constitutional LawSymposium

Access to Justice for Socio-Economic Rights: Lessons from the Indian Experience

This is a cross-post shared with  the blog of the International Association of Constitutional Law as part of a collaboration between Voelkerrechtsblog and the IACL Blog. Professor David Bilchitz in a recent blog considered obstacles concerning access to justice for litigating socio-economic rights in South Africa and potential solutions to overcome these obstacles. He argued that South Africa should (i) empower individuals to enable them to make claims and (ii) expand its current …

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SymposiumThe Promises of International Law and Society

Juridification of the right to development in India

In my paper for the legal sociology conference in Berlin, I argue that the right to development, though a non-legally binding declaration, is indirectly implemented in the Indian legal system through case law – a process which I interpret as a juridification of the right to development (for the term juridification see Blichner and Molander 2008). This argument challenges the distinction between legally binding treaties and non-legally binding instruments in international …

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