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Showing posts from September, 2018

Aadhaar: Techno-Capitalism, Constitutionalism, and Patriarchy

Law, technology, capitalism, and patriarchy make for a potent combination which, if not handled carefully, may become toxic. The Aadhaar project, which could conceivably be used as an instrument with which to enforce patriarchy on steroids, if care is not taken to avoid such an eventuality, exemplifies this. At the moment, it seems reasonably clear that privacy concerns related to Aadhaar aren't entirely unfounded. What isn't clear is the extent to which Aadhaar-related privacy concerns are valid and how they could manifest. In a troubling judgment where the majority and the minority disagreed not only on matters of law but on basic issues of fact, the Supreme Court largely upheĺd the constitutional validity of Aadhaar and effectively mandated that each individual’s Aadhaar number be linked to their PAN card and be mentioned in their IT returns which, along with requiring an Aadhaar number to avail of government subsidies, likely means that almost everyone will have to partici...

IPC Section 377 and Publishing Explicit Content

In India, the legality of publishing explicit content hinges on three factors : obscenity, privacy, and consent. Focusing on consent in the wake of the IPC Section 377 judgment: Without the consent of persons featuring in explicit content, it is generally illegal to film, photograph or otherwise record such content, or to disseminate it in any manner. An exception to this general rule (which makes legal recording and disseminating more difficult) is indicated by Section 377 of the Indian Penal Code which criminalises 'carnal intercourse against the order of nature with any man, woman or animal'. This Section makes the acts which fall within its scope illegal, so it follows that regardless of the consent of those who engage in such acts, it would be very questionably legal to disseminate content featuring the acts as they are illegal and engaging in them cannot be legalised by consent. Except for a brief interval from 2009 to 2013, since the time it was introduced into t...

Monographs & Essays

The Bollywood Amendments (2010-2012)

An examination of the provisions of the 2012 amendments to the 1957 Indian Copyright Act which affect the film and music industry. The paper takes into consideration the factual background in which the amendments were made and explores whether they are likely to realise their objectives.

Last revised: 2013
(Available here: SSRN)

Art and Indian Copyright Law: A Statutory Reading

A look at how the Indian Copyright Act, 1957, as amended in 2012, interacts with art (other than films and sound recordings), and, in particular, with Indian art. The first part of this text comprises a feminist and post-colonial reading of the Indian copyright statute while later parts focus on interpreting the provisions of the statute in relation to art.

Last revised: 2017
(Available here: SSRN)

Indian Music: Ancient Traditions, Contemporary Rights

This essay on copyright and creativity discusses cultures of musical borrowing in the realm of Indian music from ancient times to the present day, and examines the effect of the introduction of colonial copyright law in India. It posits that the Western paradigm on which contemporary copyright law is based cannot be easily integrated with Indian musical practices, and argues for the decolonisation of the law.

Last revised: 2023
(Available here: SSRN)

About

IN Content Law is a personal blog which contains the views of its author, Nandita Saikia, alone unless otherwise explicitly stated. The author of the blog may have advised clients on subjects relating to those dealt with in this blog. However, the contents of this blog are not intended to reflect the opinion or position of any person (other than the author) unless otherwise explicitly stated. The posts on this blog relate to copyright and content law from an Indian perspective. They are not professional advice, and should not be considered or construed as such. No action should be taken or omitted on the basis of the contents of this blog. This blog neither creates an attorney-client relationship between the author and any visitor(s) or any other person(s), nor does it seek to do so. The material contained herein is solely for the purpose of academic reflection, and is accessible on an as-is basis. No representations or warranties are made as to accuracy, impartiality or fitness of the material on this blog for any use, and the author shall not be liable in any manner to any extent for the consequences of any action taken on the basis of any material herein. Further, no representations or warranties of any nature are made regarding any material which may be linked to from this blog, and the author shall not be responsible for the contents thereof. Revisions: The posts on this blog may be revised from time-to-time for editorial or other purposes without each revision being marked in the post itself. Privacy: "This site uses cookies from Google to deliver its services and to analyse traffic. Your IP address and user agent are shared with Google, together with performance and security metrics, to ensure quality of service, generate usage statistics and to detect and address abuse." (Learn more.)