By Navya Bhayana Introduction The Supreme Court, through its recent division bench judgement in Lt. Col Nitisha v. Union of India, marked the first occasion to pronounce indirect discrimination to be violative of the Constitutional provisions of equality.[1] It was recognised that the criterion for the grant of Permanent Commission (hereinafter ‘PC’) to women army … Continue reading Exploring the Indirect Discrimination Dilemma Through Lt. Col. Nitisha v. Union of India
Month: October 2021
The Two-Finger Test, the Failure of Forensics and the Predicament of Indian Rape Victims
By Debayan Bhattacharya and Dhaval Hemesh Sheth Introduction Recently, an IAF officer filed a police complaint, alleging that she had been subjected to the illegal and dehumanising two-finger test after reporting rape.[1] The two-finger test also known as the Per Vaginal (P/V), is an invasive test used by medical practitioners to assess the laxity of … Continue reading The Two-Finger Test, the Failure of Forensics and the Predicament of Indian Rape Victims
Critiquing Anti-Conversion Laws Through Sen’s Theory of Justice
By Athman Khilji Introduction While arguing for equality of capabilities, Sen emphasized on the importance of ensuring that we do not restrain ourselves by viewing justice through a “unifocal view of equality”.[1] Instead, he urged to pedestalize the demand for “fair processes”[2] and ensure procedural mechanisms in the justice system remain unbiased, unadulterated, and fair … Continue reading Critiquing Anti-Conversion Laws Through Sen’s Theory of Justice
The Journal of Indian Law and Society 