By Manas Agrawal On May 5, 2021, the Supreme Court struck down the Maharashtra State Reservation for Socially and Educationally Backward Classes Act, 2020(‘Marathas Reservation Case’).[1] The Constitution Bench hearing the matter framed six questions.[2]For the present article, the first and the second questions are pertinent. These two questions were based on the 50% cap … Continue reading Marathas Reservation Case, Rawls, and Equations – Affirmative Action Jurisprudence in India
Category: Equality
Exploring the Indirect Discrimination Dilemma Through Lt. Col. Nitisha v. Union of India
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
Casteism in Prisons Of India : A “Violent” Ecosystem
- Priyam Mittal Introduction In December last year, a two-judge bench of the Rajasthan High Court (“HC”) took suo moto cognisance of the caste-based allocation of jobs in prisons after The Wire published an investigative piece on such practices throughout India’s prisons.[1] The HC directed the Additional Advocate General to undertake a complete overhaul of … Continue reading Casteism in Prisons Of India : A “Violent” Ecosystem
Promoting Equal Citizenship in All its Manifestations: A Case for Inclusive Inheritance Rights for Transgender Persons
By Keshab Roy Choudhury Introduction The Transgender Persons (Protection of Rights) Act 2019 was enacted by the Legislature to protect the rights and welfare of trans persons in line with the Supreme Court’s (‘SC’) decision in National Legal Services Authority (NALSA) v Union of India.[1] Briefly, the Court in NALSA unequivocally held that the non-recognition … Continue reading Promoting Equal Citizenship in All its Manifestations: A Case for Inclusive Inheritance Rights for Transgender Persons
The Age of Marriage Debate in India: Continuities and a Need for Change
By Sanya Sethi Introduction The debate on the “age of marriage” is one such debate which has existed in India since a long period of time and still continues to be a reason of controversy. The Age of Consent Act which was enacted in the year 1891 further added to the complexities of this debate … Continue reading The Age of Marriage Debate in India: Continuities and a Need for Change
‘Converting’ Love into Marriage: State, Society and Religion
By Shikhar Aggarwal and Tanishka Goswami On November 28 last year, Uttar Pradesh (“UP”) Governor, Anandiben Patel, gave assent to the UP Prohibition of Unlawful Conversion of Religion Ordinance, 2020 (“the Ordinance”). The Ordinance intends to prohibit unlawful conversion from one religion to another through misrepresentation, force, undue influence, coercion, allurement, fraudulent means, or by … Continue reading ‘Converting’ Love into Marriage: State, Society and Religion
Minority Rights For The Majority?
By Priyam Mittal Introduction On September 15, 2020, two PILS were filed in the High Courts of Gauhati and Meghalaya, challenging the 1992 Notification that nationally recognised Christians, Sikhs, Buddhists, Muslims and Parsis as minorities,[1] and to which Jains were also added in 2014.[2] The petitioners have requested that minority status be determined at the … Continue reading Minority Rights For The Majority?
‘Socio-Economic Disadvantage’ as a Protected Characteristic in Indian Anti -Discrimination Legislation
By Rajat Maloo Introduction Presently, India lacks a comprehensive law to address several forms of discrimination prevalent in the society. Although, the Constitution guarantees equality to all, cases of discrimination continue to be witnessed in all spheres of social, economic and political life even. Existing constitutional protections against discrimination under articles 14, 15, 16 and … Continue reading ‘Socio-Economic Disadvantage’ as a Protected Characteristic in Indian Anti -Discrimination Legislation
Interview Series 07 – Reforms in Legal Education : In Conversation with Danish Sheikh
(This is the seventh in the series of Interviews that JILS will publish as part of its Interview Series on Reforms in Legal Education) Danish Sheikh is a PhD Candidate at the Melbourne Law School and a member of the Institute for International Law and the Humanities. His research is located at the intersections … Continue reading Interview Series 07 – Reforms in Legal Education : In Conversation with Danish Sheikh
India’s Battle against Child Marriage – A Conflict of Laws
By Yash More and Shailendra Shukla Introduction The Supreme Court in Shafin Jahan v. Asokan K.M (hereinafter Shafin Jahan) while adjudicating upon the validity of the marriage of a 24-year-old Muslim convert girl Hadiya with Shafin Jahan, created an inadvertent legal complexity.[1] Justice Chandrachud, in his concurring opinion, while discussing the necessary conditions for a valid … Continue reading India’s Battle against Child Marriage – A Conflict of Laws
The Journal of Indian Law and Society 