Articles
Women's Day Special | Punjab & Haryana High Court's Landmark Rulings On Women Empowerment
Despite 77 years of independence, the harsh reality remains: women are still in need of transformative justice and societal upliftment. The progress we celebrate has yet to bridge the gap between equality and empowerment. The debate over whether women need positive discrimination to ensure equal rights as men cannot be deemed redundant, especially when considering that, the majority (67%) still reside in rural regions, where women continue to face discrimination and gender-based violence. Even...
The Carceral Seductions And The Unfinished Struggles Of Legal Feminism In India
Every March 8, legal feminists in India are reminded of their uneasy tryst with the law—a rendezvous filled with triumphs, betrayals, and lingering questions. The International Women's Day has become a tableau of state-sponsored empowerment rhetoric, one in which feminist struggles are neatly packaged as victories of progressive legal reform. The grammar of rights, codified into statutory provisions, is recited as a kind of constitutional catechism, where the very structures that once sought to...
A Dangerous Precedent For Denial Of Bail In Cases Involving Sexual Offences
In a recent case of 'X v. State of Rajasthan,'[2] the Supreme Court observed that courts should refrain from entertaining bail applications in serious offences such as rape, murder, dacoity once the trial has commenced.The case involved a petition filed by the prosecutrix challenging the High Court of Rajasthan's (“High Court”) decision to grant bail to the accused. The accused was charged under Section 376-D and Section 342 of the Indian Penal Code, 1860 (“IPC”). Relying on an earlier order...
The Law Of Dying Declarations In India: Bad In Law?
A dying declaration is an oral or written statement by a person on the point of death concerning the cause of his death according to the Oxford English dictionary. Dying declarations have lost relevance and admissibility in many common law countries, all except India. The law concerning dying declarations in India could earlier be found in Section 32(1) of the Indian Evidence Act which reads, “When it relates to cause of death. - When the statement is made by a person as to the cause of his...
Doctrine Of 'Forum Non-Conveniens' And Tort Claims: A Comparative Analysis Between India And United States
Understanding the Doctrine of Forum Non ConveniensThe common law doctrine of 'forum non-conveniens' is a latin term for 'inconvenient forum'. In Black‟s Law Dictionary, forum conveniens has been defined as the court in which an action is most appropriately brought, considering the best interests and convenience of the parties and witnesses. The concept of forum conveniens fundamentally means that it is obligatory on the part of the court to see the convenience of all the parties before it. The...
A World Reimagined: Flipping Perspectives on What Disability Truly Means.
Have you ever wondered how hard it would be to exist in a world that wasn't designed for you ? Recently, we came across this thought-provoking video on disability sensitization. It was one of those rare narratives that stay with us with challenging perceptions and inspiring introspection. The video carried a powerful message, “disability is not about an individual's limitations but it arises when the world isn't designed for everyone.” This profound insight inspired us to translate the...
Jamshedji Kanga-A Sesquicentennial Tribute
Sir Jamshedji Behramji Kanga was one of the most outstanding members of the Bombay Bar, who was universally loved and respected. With his tall frame-he was six feet four inches in height and stood erect even in his nineties- black coat and white priestly turban, he was a notable and distinguished figure who by his sheer presence reduced all around him to less than life size. Said Nani Palkhivala, his illustrious junior, “If a man were to go by chance into the court and hear Sir Jamshedji Kanga...
Sanction For Prosecution Of Public Servants – The Shift In The BNSS
Public servants are treated under the law as a special category, with a view to protect them from frivolous, malicious and vexatious prosecutions. It is imperative to protect public servants from retaliatory, revengeful and frivolous prosecutions so that they could discharge their official duties honestly, fearlessly and efficiently. The principle of immunity protects all acts which a public servant has to perform in exercise of the functions of the State. However, there is an exception....
Same-Sex Marriage: Still A Pending Wish In 2025?
As New Year resolutions soar for many, homosexual individuals in India remain denied the basic right to marry. Despite constitutional guarantees of equality, judicial and legislative roadblocks continue to marginalize LGBTQIA+ individuals. The question lingers: is marriage equality still an unfulfilled promise in 2025?The Long Road to RecognitionIndia has made significant strides in recognizing LGBTQIA+ rights, but progress has been uneven. In 2018, the Supreme Court's landmark ruling in Navtej...
Clearing The Slate: Right To Be Forgotten After Acquittal In Digital Age
In an era dominated by digital platforms and the ubiquitous presence of the internet, the concept of the 'right to be forgotten' has emerged as a critical legal and ethical debate. This right, broadly defined as the ability of individuals to control the dissemination of personal information about themselves online, seeks to balance the preservation of privacy with the freedom of expression and public's right to information. In India, the jurisprudence surrounding the 'right to be forgotten' is...
To Speak Or Not To Speak: Understanding TheThin Line Between Free Speech And Obscenity
The YouTube Show, India's Got Latent, has been embroiled in a major controversy because its host Samay Raina, podcaster Ranveer Allahbadia, and other fellow panellists have been booked by the Maharashtra Cyber Police for allegedly transmitting content which is putative to be vulgar and obscene. After the Assam police filed a complaint against the duo on February 10, this is the second FIR lodged against them since their clippings got viral. Allahbadia has now petitioned before the Supreme...