By Priyam Mitra I. Introduction The exploitation of Indian surrogates as the subjects of unregulated, commercial surrogacy, from the early 2000s to the mid-2010s, cannot be overstated. The reason for India being the most attractive option for foreign nationals was the extremely cheap rate prevalent in the country as opposed to other major nations offering … Continue reading An Unfulfilled Promise: Banning Commercial Surrogacy under the Surrogacy (Regulation) Act, 2021
Category: women’s rights
The Utilitarian Paradox: Essentialism and the Woman Question [Part II]
By Nidhi Agrawal This is the second part in the 2-part post by Nidhi Agrawal. The Utilitarian Paradox: Essentialism and The Woman Question It’s pertinent to note that these tools of governmentality, such as the Foucauldian exercise of Biopower and Necropower are essentially concerned with the welfare of the populace. This has been lately drawn … Continue reading The Utilitarian Paradox: Essentialism and the Woman Question [Part II]
The State of Exception: Dalit Women and the Law [Part I]
By Nidhi Agrawal This is the first part in the 2-part post by Nidhi Agrawal. Introduction Contemporary Dalit feminist literature highlights the two-fold discrimination of Dalit women by locating their discrimination at an intersection of gender and caste hierarchies.[1] I seek to argue that this discrimination is not merely two-fold but involves an additional player … Continue reading The State of Exception: Dalit Women and the Law [Part I]
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
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
Critiquing the Regulations for Female Inter-Sex Athletes in Sports Competitions: an Indian Perspective
By Abhinav Gupta Introduction Rules and regulations of sports competitions separate participants into various categories and prevent them from competing against participants from other categories in competitions and events. For instance, participants are segregated in boxing and wrestling on the basis of their weight and competitions at junior levels are segregated on the basis of … Continue reading Critiquing the Regulations for Female Inter-Sex Athletes in Sports Competitions: an Indian Perspective
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
A Critical Analysis of the Indian Framework Governing Menstruation
By Tanvee Kanaujia In a laudable move, the Scottish Parliament has recently passed a landmark Bill, the Period Products (Free Provision) (Scotland) Bill,[1] considering menstrual rights as important for people’s dignity. Through the Bill, Scotland aims to end period poverty by offering sanitary products free of cost.[2] This makes Scotland the first country in the … Continue reading A Critical Analysis of the Indian Framework Governing Menstruation
Female Genital Mutilation/Cutting Among the Dawoodi Bohra Community in India and Human Rights Law
By Shreya Jaipuria Introduction Female Genital Mutilation/Cutting [“FGM/C”] has been a widely discussed women’s rights issue worldwide. There is a body of literature, discussing the human rights implications of it, and evaluating the practice in the universalism-cultural relativism context. However, there is insufficient public discourse on the practice of FGM/C in India.[1] Even though it … Continue reading Female Genital Mutilation/Cutting Among the Dawoodi Bohra Community in India and Human Rights Law
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 