Privacy, Aadhaar, Data Protection: Statist Liberalism and the Danger to Liberty

I have a new essay on the privacy discourse in India up at the LEAP Blog. I am reproducing the essay below:   Kings will be tyrants from policy when subjects are rebels from principle. - Edmund Burke, Reflections on the Revolution in France Edmund Burke wrote these lines in a scathing critique of the demise... Continue Reading →

Capital controls against FDI in aviation: An example of bad governance in India

When the coercive power of the State is wielded by the executive, this should be accompanied by appropriate checks and balances. Good practice in regulatory governance requires that when regulators wish to make changes to regulations, and thus affect the rights of private parties, the regulators must furnish reasons for making those changes. This increases transparency, predictability, and accountability.

Sex Work and the Law: A Case for Nuanced Debate

The debate over legalization vs decriminalization of prostitution is in the public domain with reports that the National Commission for Women has recommended legalization to the Supreme Court appointed panel for rehabilitation of sex workers. The panel, formed in 2011 when the Supreme Court suo motu converted a criminal appeal relating to a murder of a sex worker into... Continue Reading →

Protecting the Harassed and the Harasser

The Supreme Court recently passed a controversial judgment condemning ‘automatic’ arrests by police in dowry harassment cases against husbands and in-laws. The judgment has received a mixed response. While its supporters praise the Court’s strong statement against misuse of this law by women, others raise concerns over the rights and safety of victim women. While... Continue Reading →

Post on revising the regulatory framework for FDI and capital controls

I have a co-authored post on the reforming the FDI regulatory framework in India on Ajay Shah's blog here. The post was published on April 21, 2014, and has been co-authored by me, Ajay Shah, and Arjun Rajagopal. The post is being reproduced below.    Capital controls against FDI in aviation: An example of bad governance... Continue Reading →

Putting Carts Before Horses. And How?

This post was first published by Humorlessindianlawyer.blogspot.in on April 8, 2014. Imagine, living in India with a Parliament that makes laws, an executive that implements these laws and a court system that interprets these laws. Now, imagine Parliament making the following law: Right to regulate all Economic Activities Completely Act, 2014 Section 1. This Act... Continue Reading →

Foreign direct investment in railways: Does national security matter?

This post has been written by Mr. Pratik Datta. Background Present Indian laws ’prohibit’ foreign direct investment (FDI) in railways (other than mass rapid transport system). Of late there has been growing expectation that the Indian Government might allow 100% FDI in construction and maintenance of railway projects (but not in operations). Suddenly the optimism... Continue Reading →

AAP Governance:The dangerous and regressive fight over Electricity pricing

1 Introduction The Aam Aadmi Party led Delhi Government has (link) slashed power tariffs in Delhi, and is in the midst of an ongoing tussle (link) with Reliance owned discom BSES over the supply of electricity in certain parts of Delhi. The AAP, even before taking the reins of the Delhi Government had long accused the Delhi discoms of overcharging... Continue Reading →

Interesting reads: Media, merit vs. communism, and elections 2013

Some good stuff to read this week: Vinod K. Jose in Caravan on the lack of a larger philosophical framework for the Indian media to operate within: "Habits of Mind" Nobel Laureate physicist Walter Kohn remembers one-time partner, Indian physicist Chanchal Kumar Majumdar in "A master and his protege". Pratap Bhanu Mehta's engaging piece on... Continue Reading →

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