By Parva Kaushal Khare and Siddharth Sonkar On October 11, 2017, in Independent Thought v. Union of India, the Supreme Court held sexual intercourse with a girl below eighteen years of age to be rape, regardless of her marital status. It did so by reading down the Marital Rape Exception. However, the Bench refrained from … Continue reading READING DOWN THE MARITAL RAPE EXCEPTION: FROM THE TOP OF AN IVORY TOWER?
by Abhijeet Singh Rawaley Background In Rajesh Sharma & Ors. v. State of Uttar Pradesh & Anr., a division bench of the Supreme Court of India, comprising Justices A. K. Goel and U. U. Lalit, was asked “whether any directions… [were] called for to prevent the misuse of Section 498A, IPC.” The provision is intended … Continue reading Has the ‘new’ S. 498A IPC Become Cruel to Women?
Ms. Flavia Agnes is a lawyer who has worked in the field of women's rights for over two decades. She is a co-founder of Majlis Legal Centre, Mumbai, that provides socio-legal support to women and children on issues of matrimonial rights, domestic violence, sexual abuse, etc. She has several publications to her credit and is a … Continue reading Conversation with Flavia Agnes, Director, Majlis Legal Centre
by Priyattama Bhanj As surrogacy in India continues to grow by the day, the proposed law to regulate it continues to remain in incipient stages. The present guidelines are a consequence of those originally framed by the Indian Council of Medical Research (ICMR). However, these do not have any legal sanctity and are not binding. … Continue reading The Assisted Reproductive Technologies (Regulation) Bill, 2010: A Case of Misplaced Priorities?
by Stella James Sometimes the most difficult things to write about are also the most essential. I feel this is especially true when many people, much more scholarly than oneself, have already said and written a lot around the issue, and yet your own experience does not seem to fit into the wide net that … Continue reading Through my Looking Glass
by Ayani Srivastava and Priyattama Bhanj This is the first of a two part series by the authors discussing the changes in the legal system which need to be made in order to ensure that rape laws do not remain ineffective in providing any security and protection to the rape victims. Part I deals with … Continue reading Beyond the Noose…
(Admin's Note: Last December's Delhi gang rape and murder had triggered nation-wide protests and ultimately resulted in the passing of the Criminal Law Amendment Act, 2013. Now, yet another gang rape, this time of a young photojournalist in Mumbai, has shocked the Nation and has brought back into focus the country's laws on sexual offences. … Continue reading Justice at Last for Women?
by Samyak Sibasish Last November, we witnessed the death of a 31 year old Indian woman, Savita Hallapanavar, in Ireland, after doctors refused to give her an abortion 17 weeks into pregnancy, which created quite a huge furore in the Indian and Irish media. The reason for such a hue and cry was the reason … Continue reading The issue of Reproductive Rights in India: How is it different from other societies?
by Saptarshi Mandal What began as a debate on whether getting a divorce should be made easy, has in a welcome move, transformed into one on how to assess the wife’s contribution to the marriage. In 2010, the government introduced a Bill to amend the law of divorce for the Hindus and those married under … Continue reading Marriage as an Economic Partnership