By Shefali Chawla Introduction During my visit to the shelter being run by the Earth Saviours Foundation at Bandhwari village, on the outskirts of Gurugram, India, I came across various senior citizens, mentally/physically disabled people and persons suffering from incurable diseases who had been abandoned and left on the streets by their respective families and … Continue reading The 12-60 Age Bracket and the Absence of Any Legal Recourse against Abandonment
Category: Society
Should There Be a Fundamental Right to Work?
By Anurag Singh and Rashi Jeph For the purpose of this article, “right to work” is to be interpreted as bearing a positive obligation on the State to ensure employment for everyone. Introduction In a nation like India, unemployment is endemic, and so is the demand for the ‘fundamental right to work’ as a solution … Continue reading Should There Be a Fundamental Right to Work?
Cash v. Capabilities – Negotiating Maternity Costs and Solutions
By Kopal Mital Introduction A perusal of Article 42 contained in Part IV of the Indian Constitution would reveal that one of the goals of the state is to provide maternity relief.[1] While the provision of maternity relief will continue to be an ongoing goal, India needs to make significant progress when providing these reliefs … Continue reading Cash v. Capabilities – Negotiating Maternity Costs and Solutions
A Long Road to Universal Legal Capacity for Persons with Disabilities: A Legislative Lip-Service
By Abhineet Maurya Introduction The year 2022 marks the 15th anniversary of the signing of the United Nations Convention on the Rights of Persons with Disabilities (“UNCRPD”). Of the many promises of human dignity, autonomy, participation in policy, and access to opportunities of the Convention, one was a particular highlight, representing a break from the … Continue reading A Long Road to Universal Legal Capacity for Persons with Disabilities: A Legislative Lip-Service
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
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
The UP Two-Child Policy: An Act of Social Closure and State Intrusion into the Private Sphere
By Rupal Dugar and Shamik Datta Introduction Recently, the Uttar Pradesh State Law Commission proposed the draft The Uttar Pradesh Population (Control, Stabilisation and Welfare) Bill, 2021 (hereinafter ‘the Bill’), in an effort to control the state’s population and promote sustainable development.[1] The Bill disincentivises people not adhering to the two-child policy through a ban … Continue reading The UP Two-Child Policy: An Act of Social Closure and State Intrusion into the Private Sphere
Decline of Matriliny in the Indian Tribes
By Varda Saxena Introduction The inherent nature of the Indian community was never completely patriarchal and patrilineal. There were Southern regions and North-eastern states which had indulged in matriliny and matriarchy since their origination.[1] However, the imposition of Victorian morality by British courts and legislation on the Indian Society has alienated the communities from their … Continue reading Decline of Matriliny in the Indian Tribes
Constitutionality of Population Control Laws: An Economic Perspective
By Harsh Dugar and Udit Prajapat Introduction Our generation is experiencing one of the most profound population growths in the history of humankind. Many believe increasing population growth is characterised by low per capita income, low rates of savings and investments, low industrial output and so on. This thinking stems from the now-debunked theory presented … Continue reading Constitutionality of Population Control Laws: An Economic Perspective
Smothering the Individual’s Rights Under the Blanket of Improving Public Health by Mandating Vaccine
By Gangesh Aggarwal and Sangita Sharma Introduction Amidst the battle against COVID-19, various states across the country are ensuring and contributing to improve the public health of their citizens. However, in doing so, the government authorities have occasionally taken excessive measures in the guise of public health improvement. One such immoderate measure is making vaccination … Continue reading Smothering the Individual’s Rights Under the Blanket of Improving Public Health by Mandating Vaccine
The Journal of Indian Law and Society 