Section 67 BNS; Jurisprudential Gateway To Recognition Of Marital Rape?

One of the most debatable issues in Indian criminal jurisprudence has been whether or not sexual intercourse without consent within a marriage is actionable. The Bharatiya Nyaya Sanhita 2023 (BNS) still includes the marital rape exception, despite many constitutional developments, which now acknowledge the dignity, privacy, bodily integrity and decisional autonomy. Thus, the debate has primarily centred on two options: Parliament as a lawmaker and the higher judiciary as a constitutional...

New Mining Law: Test Of Sustainable Federalism

The Mines and Minerals (Development and Regulation) Amendment Bill, 2026, which received Presidential assent on August 17, is easy to view as another technical amendment concerning mining taxation. That would perhaps be an incomplete reading. Mining sits at the beginning of several economic activities that we generally discuss separately—steel, cement, infrastructure, manufacturing, transport and, increasingly, the energy transition. What happens to the cost and availability of minerals does not...

Witch-Hunting In 21st Century- Constitutional Reckoning In Light Of Supreme Court's Latest Judgement

The Honourable Supreme Court of India recently in the case of Balku Oram v. State of Odisha upheld the culpability and subsequent conviction of the appellant by the Trial Court and High Court for the offences punishable under Section 302 read with Section 34 of the erstwhile Indian Penal Code. The appellant was convicted for the murder of the deceased, Puni Naik on the grounds that she practiced witchcraft that led to the death of a woman named Manobodha Naik. The appellant along with his...

Settlement And Dispute Resolution In Real Estate: Role Of RERA

The Real Estate (Regulation and Development) Act, 2016 (RERA) provides for dispute resolution mechanisms through specialized forums, including Conciliation Forums established under Section 32(g) and the Real Estate Appellate Tribunal (REAT) under Section 44. Under the RERA Act, the RERA authorities are not empowered to accept or enforce any settlement unless it has been passed through the Conciliation Forum established for dispute resolution. Ideally when a dispute arises between promoters and...

Beyond Law On paper: Why India's Legal Framework Fails Survivors Of Gender-Based Violence

“What good is a law if a survivor cannot safely access it?”India is described as having some of the strongest laws meant to protect women and children from violence. Its constitutional guarantees of equality and dignity, criminal laws covering sexual and gender-based offences, especially statutes such as the Protection of Children from Sexual Offences Act, 2012 (POCSO), and procedural safeguards for victims all point to a serious legal commitment to fighting gender-based violence. Yet violence...

MSME Amendment Bill 2026: Rewriting Two Decades Of Law

Parliament has recently passed the Micro, Small and Medium Enterprises Development (Amendment) Bill 2026 (“Amendment Bill”) in the current monsoon session. The Rajya Sabha passed the Amendment Bill by voice vote on 3 August 2026, and the Lok Sabha followed on 7 August 2026. The Bill now awaits the assent of the President.The use of conciliation and arbitration under the Arbitration and Conciliation Act, 1996 (“Arbitration Act”), with a limited timeline of 90 days and interest compounding at...

Fast-Track Courts: India's Repeated Promise Of Speedy Justice

The Union Government's recent assurance that cases arising out of paper leak scandals would be tried through fast-track courts has understandably been welcomed by students and parents alike. Competitive examinations determine the future of millions of young Indians. When examination papers are leaked, the damage extends beyond a single recruitment process; it undermines public confidence in the integrity of institutions themselves. Those responsible deserve to be prosecuted, and they deserve to...

Adoption And Equality: Landmark Shift In Motherhood Rights

Supreme Court affirms that motherhood is about care, not just childbirth.“An adopted child is no different from a so-called 'natural' child.” With these powerful words, the Supreme Court of India delivered a landmark judgement, one that reshapes how we understand motherhood, equality and workplace rights.In March 2026, a Bench comprising Justice J. B. Pardiwala and Justice R. Mahadevan ruled that adoptive mothers are entitled to 12 weeks of maternity leave, regardless of the child's age at...

Can 'Culture' Justify Religious Rituals At State Functions? Constitutional Examination Of Bhumi Pujan Ceremonies

The participation of government and constitutional functionaries, such as the Prime Minister, Judges, Chief Ministers, Governors, and Ministers in bhumi pujan, havan, coconut-breaking ceremonies, Vedic chanting, and other Hindu religious rituals before the stone-laying foundation or inauguration ceremonies of public infrastructure has become so common in India that it rarely attracts serious constitutional scrutiny. Be it laying of foundation stones for highways, bridges, hospitals, educational...

When State Defeats Its Own Case: Police Lapses, Procedural Safeguards, And Crisis Of Criminal Justice

When the State's own procedural failures begin to threaten an otherwise sustainable prosecution, the question is no longer whether constitutional safeguards are too protective of the accused. It is whether the institutions enforcing criminal law are capable of complying with the law themselves. The Raja Raghuvanshi murder case brought the constitutional question of communicating the grounds of arrest into sharp focus. The Supreme Court subsequently clarified that an inadequacy in communicating...

Section 74 Of Indian Contract Act And Its Application To Earnest Money: An Endless Saga

'Earnest money or deposit' is some amount given at the execution of the contract, which serves two purposes- (a) it acts as a guarantee that the contract will be honoured by the person who gives it and is forfeited in case he defaults; (b) it also serves as part- payment if the contract goes through. The issue which needs consideration is whether section 74 of the Indian Contract Act, 1872(ICA) is applicable to forfeiture of earnest money or not?Position of English law regarding forfeiture of...

Crowd, Database And Citizen: Protest And Preventive State

What the Jantar Mantar protests reveal about citizenship, protest and the preventive StateIn a participative democracy, can the State treat protesters differently based on their criminal records, when nothing has been alleged about what they did at the protest itself? The events at Jantar Mantar in July 2026 force the question.Delhi Police registered 13 FIRs in connection with NEET protests and the events that followed. While the protest was on, facial recognition vans identified 2,873...