An Ocean of Equality: Analyzing Constitutional and Statutory Rights of Women under Indian Law
This blog provides a comprehensive analysis of the legal framework governing women’s rights in India, highlighting the intersection between constitutional guarantees and statutory protections. The Constitution of India serves as the bedrock of gender equality, with Article 14 establishing formal equality, Article 15 prohibiting sex-based discrimination, and Article 15(3) empowering the State to enact affirmative […]
Decoupling Women’s Reservation from Delimitation: Exploring Constitutional Pathways for Immediate Implementation in India
Women’s political representation in India remains at a critical crisis point. Despite constituting 48% of the country’s population, women occupy only 15% of Lok Sabha seats (80 out of 543 MPs). The Constitution (106th Amendment) Act 2023 passed unanimously in Parliament, reserving 33% of seats for women. However, Article 334A delays implementation until “after delimitation […]
MATERNITY PROTECTION AND THE PURSUIT OF WORKPLACE EQUALITY: Bearing Life, Bearing Rights
The Code on Social Security, 2020 represents a progressive consolidation of India’s labour welfare regime with respect to maternity protection. Despite its forward-looking mandate, significant structural and practical obstacles continue to prevent the legislation from delivering substantive equality to working women. Women of childbearing age face discrimination in hiring, obstruction of career advancement, the persistent […]
From Prohibition to Protection: NOTA, India’s Organ Trafficking Crisis, and the Imperative for a Harmonized International Legal Framework
The global shortage of transplantable organs has produced a shadow economy in which the bodies of the poor are converted into spare parts for the affluent. This paper examines that economy through India, a country whose transplantation law was, from its inception, modelled on the prohibitory logic of earlier statutes such as the United States’ […]
RACHANA GANGU & ANR. V. UNION OF INDIA & ORS.
The emergence of the novel coronavirus (COVID-19) pandemic in Wuhan, China, towards the end of 2019 led to its rapid propagation worldwide. In order to overcome the public health crisis, states have been implementing mass vaccination drives. The case of Rachana Gangu & Anr. v. Union of India & Ors. is concerned with the constitutional […]
Prison Walls Cannot Silence the Constitution: Revisiting Sunil Batra and the Evolution of Prisoners’ Rights in India
The Indian Constitution guarantees dignity, equality, and personal liberty to every individual, including those convicted of crimes. For decades, however, prison administration remained largely insulated from meaningful judicial scrutiny, permitting custodial violence and arbitrary disciplinary practices to persist. In Sunil Batra v. Delhi Administration, the Supreme Court of India fundamentally transformed this constitutional landscape by […]
The Criminalisation of Marital Rape in India: Need for Legal Reform
For decades, the legal architecture of Indian criminal law has shielded a profound violation of bodily integrity behind the sanctity of the wedding vow. When India replaced its colonial-era Indian Penal Code (IPC) with the Bharatiya Nyaya Sanhita (BNS) in 2024, the nation missed a critical opportunity to fix one of its most glaring human […]
Bio-Constitutionalism in India Establishing a Legal Framework for Cognitive Liberty and Mental Integrity
This article explores the need for a bio-constitutional framework to protect cognitive liberty, mental integrity, and psychological privacy in the age of neurotechnology and artificial intelligence. Drawing on Articles 21, 20(3), and 19(1)(a) of the Constitution, it argues for the constitutional recognition of neuro-rights and proposes a legal framework to address emerging challenges posed by […]
Consumer Law Deconstructing Dark Patterns and the Protection of Digital Consumers in India.
This article examines the rise of dark patterns in digital commerce and evaluates India’s legal framework for protecting consumers. It analyses the Consumer Protection Act, 2019, the CCPA Dark Patterns Guidelines, 2023, and the Digital Personal Data Protection Act, 2023, highlighting gaps in enforcement and consent regulation. It argues for stronger design-based regulation to safeguard […]
Is My Brain My Client The Rise of Neuro-Evidence in Criminal Defence
Neuro-evidence is transforming criminal defence by introducing brain imaging and genetic evidence into the courtroom. This article examines how such evidence challenges the traditional concept of mens rea, influences sentencing decisions, and raises concerns about free will, privacy, and AI-driven predictions of criminal behaviour. It argues that while neuroscience can inform legal decision-making, it should […]