The preconceived notion that arises due to the constitutional validity of exception (ii) of section 375 of IPC (marital rape), lays out an important aspect in the cases of divorce in family law. What it does is that it proposes that it is not a wrong at all and therefore there is no cruelty either. Although, marital rape has been accepted as a ground for divorce, it has been recognized under cruelty. This article argues that irrespective of the constitutionality of the said section, there is a need for marital rape to be an exclusive ground for divorce.
In this article, the author critiques the CUTS report on Economic Impact of Judicial Decisions through a cost-benefit analysis. The author argues that the report has a flawed methodology, its recommendations do not pass muster on weighing the costs and benefits and the separation of powers doctrine is being violated. The core contention of the author is that the report favours ease of doing business over adherence to environmental regulations and its recommendations are myopic when a balancing of costs and benefits is done.
In the context of the recent USSC judgment overturning Roe v Wade, this piece looks at the use of textualism as employed by the bench therein and contrasts it with the Indian use of Textualism as a tool for Constitutional interpretation. Having often been at the receiving end of most criticism, Textualism, this piece argues can be revived as a valid and legitimate tool of interpretation.
Vanshika Arora Introduction The regulation, protection, disclosure, and transfer of personal data in India, is not governed by a robust, broad-gauge, and comprehensive law. The recently retracted Personal Data Protection Bill, 2019, was expected to change the law of the land in this respect; however, what awaits the Data Protection policy of India is a […]
Virtual Courts: A Reality
Manan Daga & Siddharth Pankaj Tiwari India is going through testing times due to the COVID-19 pandemic, and almost every industry, institution and sector has been adversely affected. However, the employment of videoconferencing in court proceedings is proving to be a boon for the Indian judiciary. The Supreme Court was able to hear over 15000 cases […]
Sakshi Jain & Adithya K S Introduction Traditional Knowledge (TK) means a unified collection of knowledge that has evolved and come into existence and has been preserved over the ages by the sustained effort of indigenous, local, or native communities passed on through generations, to such an extent. This sphere of knowledge becomes an undeniable […]
Adesh Sharma & Saksham Shrivastav As the world adjusts to a faceless pandemic, India has introduced a major overhaul of its direct taxation regime by erasing physical interface along with jurisdictional boundaries and introducing a faceless tax assessment and appeals system in its place. On August 13th, the Prime Minister launched the new Transparent Taxation […]
Geeta Kanwar Introduction Can a state-owned educational institution mandate recital of shlokas from Hindu scriptures? This question has emerged in the recent petition filed by Advocate Veenayak Shah in the Supreme Court. The plea challenges the constitutional validity of Rule 92 of Revised Education Code of Kendriya Vidyalaya Sangathan (Education Code) as violative of Article […]
Abhijeet Kashyap Introduction At a time when the whole world is facing the brunt of the deadly coronavirus, citizens of Hong Kong are facing the gravest form of human rights violation. Since mid-2019 the protests in the region have been in the media’s spotlight across the world. These protests are nothing new for a nation […]
Abhiraam Shukla Introduction In a recent judgment, the Supreme Court reiterated that members of the Bar cannot earn their livelihood by any other means. The judgment was delivered during the suo moto proceedings in a case concerning financial difficulties being faced by lawyers, who are at a loss of work, amid the COVID-19 pandemic. Time […]