Articles
Liberty To Bleed: Menstrual Leave Policy
The Government of Karnataka has recently issued a Government Order (G.O.) granting 12 days of menstrual leave per year to working women. The operative portion of the G.O. states that women employees aged 18 to 52 working in factories, shops and commercial establishments, plantations, beedi units, and motor transport undertakings are entitled to one paid leave day per month on account of menstruation. Bihar was the first state, introducing a long-standing policy in 1992 that grants two days of...
Beyond The Uniform: Why SSC Officers Deserve Pension And Post-Service Opportunities
The structure of Short Service Commission system was designed to infuse young and dynamic talent in Indian Armed forces. The Short Service Commission is certainly a very significant scheme to individuals who would not wish the defence services to form their permanent profession and also to meet the military shortage of officers in the three services. Over a long time before the year 2006, SSC was eligible to stay a period of 5 years after which it could be extended to a period of another 5...
Jurisdictional Maze Of Commercial Courts Act, 2015: A Critical Analysis Of Definition Of 'Commercial Dispute'
The Indian judicial system has long struggled with a backlog of civil cases. This often results in litigation dragging on for decades. This delay acts as a significant deterrent to foreign investment and domestic economic dynamism. The Commercial Courts Act, 2015, was enacted to address this systemic inefficiency by creating a specialised class of courts equipped with distinct procedural mechanisms such as mandatory pre-institution mediation, case management hearings, summary judgments, and...
Erosion Of Educational Federalism: The Battle For University Vice-Chancellors
The appointment of a Vice-Chancellor in India is an area of relentless constitutional conflict. Many state university acts have provisions placing the Governor acting as the Chancellor of the state universities Today's minister or office bearer of the party in power at the Centre is a Governor tomorrow, and vice versa. The power of selection of VCs by the Chancellor, who happens to be the Governor, a political appointee of the Centre, is the substance of the dispute in Vice-Chancellor...
Investigating Extraterritorial Offences – Is A Sanction Necessary?
The nexus between crime and punishment has traditionally been spatial. The universally recognised territoriality principle grants every sovereign the exclusive right to investigate and punish offences committed within its borders, a rule crystallised in India under Chapter XIII of the CrPC, 1973 (now chapter XIV in BNSS, 2023).Globalisation however, has rendered territorial boundaries porous. Enhanced mobility, digital interconnectedness, and transnational networks have normalised a phenomenon...
Decoding The Debate On Electoral Reforms
The winter session of Parliament has reopened an expansive debate on electoral reforms, with the Opposition repeatedly stressing that reform must strengthen not weaken the institutional foundations of Indian democracy. As members flagged concerns about voter roll revisions, the functioning of the Election Commission, and broader issues of electoral integrity, it became clear that reform cannot be confined to isolated procedural adjustments. Instead, India now stands at a juncture where questions...
Air Emergency – The Only Way Forward
It is winter of 2025 and still, like a B Grade movie, the same scenes are playing out. The AQI levels are alarming, doctors are sounding warning bells, parents are clamouring for schools to be closed or go virtual, our policy makers are continuing their blame game and yet we are nowhere near a solution anytime in the near future? Is it the lot of the present generation kids to grow up with health issues affecting their lungs, their brains and/or their lives? As a nation, we should frankly hang...
When 'Cruelty' Is Saying No But 'Crime' Isn't Forced Sex
The debate over criminalising marital rape in India has once again taken centre stage after Congress MP Shashi Tharoor introduced a private member's bill in the Lok Sabha seeking to recognise non-consensual sex within marriage as a criminal offence. His argument that India must move from the principle of “no means no” to “only yes means yes” reflects a larger constitutional aspiration to uphold bodily autonomy, dignity, and equality for all citizens, irrespective of their marital status. Yet,...
Autopsy Of Truth: How Neutral Doctors Perform Postmortem On A Living Child's Testimony
In the prosecutions under the Protection of Children from Sexual Offences Act, 2012, the testimony of the child victim constitutes the primary evidence, while medical evidence is intended to play a corroborative role. Section 29 of the Act further strengthens this position by introducing a statutory presumption against the accused once foundational facts are proved.Despite this legal framework, trial courts repeatedly witness prosecutions falter, not because of the child's testimony becoming...
Section 36 After 2015 Amendment: Security As Price Of A Stay
It has been a decade since the Arbitration and Conciliation (Amendment) Act, 2015 (2015 Amendment) came into force and fundamentally altered arbitration in India. One of the most important changes the 2015 amendment brought in was the insertion of a new section 36, which removed automatic stays of awards upon the filing of a challenge under Section 34.Post the 2015 amendment, unconditional stays of arbitral awards are rare, especially when the award directs payment to the successful...
How 2025 Reshaped Boundaries Of Resolution Estate Under Insolvency And Bankruptcy Code 2016
November 2025, brought with it major advancements into the debt restructuring ecosystem of India that reshape the contours of India's resolution estate under the Insolvency and Bankruptcy Code, 2016 ('the Code')[1].First is the circular dated 4th November 2025 ('the Circular') issued by the Insolvency and Bankruptcy Board of India ('IBBI') which permits insolvency professionals to seek restoration of assets attached under the provision of Prevention of Money Laundering Act, 2002 ('PMLA')[2],...