by Prasun Nabiyal Introduction Islam conceptualises marital union to be strictly contractual in nature;[1] thus, it is also subject to a breach of contract— amounting to the separation of the spouses. Such separation is grounded on the belief that the husband and wife cannot co-exist.[2] As marriage to non-Muslims is unlawful for Muslim women and … Continue reading Post-Marriage Conversion in Muslim Personal Law: Effect of Conversion on Marital Duties
Category: Law and Religion
Criminalising the Marriage : Interplay Of Utilitarianism and Love Jihad Laws
By Shivang Berry and Yash Tayal Introduction In the past, various Indian States have enacted Anti-Conversion statutes for curbing unlawful religious conversions with a view of “preventing the disruption of society and culture.”[1] Such statutes earlier provided for preventing religious conversions on the grounds such as force, allurement, or inducement.[2] However, they have been criticised … Continue reading Criminalising the Marriage : Interplay Of Utilitarianism and Love Jihad Laws
‘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?
The SC Ruling On 2020 Rath Yatra: Indicative Of The Juggernaut Conundrum Of Selective Judicial Evasion?
By Philip Oommen Introduction On 18th June 2020, the Hon’ble Supreme Court of India stayed the Rath Yatra at the Jagannath Temple in Puri stating that ‘Lord Jagannath will not forgive us if we allow this’,[1] indicating the health hazards involved in conducting the yatra amidst the Covid-19 Pandemic. However, on 22nd June, just four … Continue reading The SC Ruling On 2020 Rath Yatra: Indicative Of The Juggernaut Conundrum Of Selective Judicial Evasion?
Religious Congregation And The Posed Threat
By Abhinav Singh Chauhan Introduction The Supreme Court, on 18 June 2020, prohibited the procession of the annual Jagannath Rath Yatra in Odisha’s Puri amid the coronavirus pandemic.[1] The said prohibition was an attempt to avoid a mass gathering, spanning lakhs of people—during the festivities of the Rath Yatra, which continues for a period … Continue reading Religious Congregation And The Posed Threat
One True Answer? A Philosophical Perspective Of The Citizenship Amendment Act, 2019
- Prakhar Raghuvanshi Yuval Noah Harari once wrote ‘humans think in stories rather than facts, numbers or equations, the simpler the story the better.’[1]. Indeed when one discusses justice there are several stories, viz Utilitarian, Libertarian, Egalitarian and so on. One such story/theory is Communitarianism which, in contrast to the centrality of individuals, aims … Continue reading One True Answer? A Philosophical Perspective Of The Citizenship Amendment Act, 2019
Dissenting Opinion In Sabarimala Judgement Can Pave Better Contours For Religious Rights
By Apoorva Singh The Supreme Court (SC) in 2018 allowed entry of women, aged between 10-50 years, into the Sabarimala temple[1](Sabarimala Judgement). The majority judgement was given by 4:1, with Indu Malhotra J. as the only dissenting one on the bench. Recently SC referred the review petition filed against the Sabarimala Judgement to a … Continue reading Dissenting Opinion In Sabarimala Judgement Can Pave Better Contours For Religious Rights
The Triple Talaq Travesty: A Comment
By Vaishnavi Prasad The Muslim Women (Protection of Rights on Marriage) Bill, 2019 or the infamous ‘Triple Talaq Bill’ was passed in the Rajya Sabha on 30th June with 99 for and 84 against.[1] This Bill makes the declaration of all forms of Talaq as a method of divorce illegal, whether it be oral, written, … Continue reading The Triple Talaq Travesty: A Comment
Conversation with Flavia Agnes, Director, Majlis Legal Centre
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
The Journal of Indian Law and Society 