THE GHOST IN THE CLASSROOM: WHY INDIA’S DIGITAL DIVIDE IS A LEGAL CRISIS, NOT A TECH GLITCH
The COVID-19 pandemic did not create India’s educational inequality — it simply made it impossible to ignore. When schools shut in March 2020 and learning moved online, millions of children from marginalised communities found themselves on the wrong side of what this paper terms the “silicon curtain.” This article examines the digital divide in India […]
THE RIGHT TO DIE WITH DIGNITY: FROM JUDICIAL COURAGE TO SIMPLIFIED REALITY
There is a particular kind of constitutional question that courts tend to circle rather than answer — not because the law is unclear, but because the answer requires saying something that the institution has not been ready to say. For much of independent India’s legal history, the question of whether a dying person could lawfully […]
Digital Strip Searches and Constitutional Silences: Examining Data Privacy Gaps and Investigative Modernization under the Bharatiya Nagarik Suraksha Sanhita, 2023
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), in its intent to bring about a paradigm shift in the criminal justice system in India by incorporating the advances of technology in the investigative process, has led to an unprecedented constitutional conundrum in the context of the seizure of electronic items, which is now coming to be […]
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 […]