By Saiesh Kamath Access to Justice Access to justice is a principle which has come to be recognised as a human right in international law.[1] Access to justice is traditionally considered as “access to the formal judicial system for dispute resolution.”[2] In its fundamental sense, ‘access’ is used to denote the right to recourse to … Continue reading Court Fees and Access to Justice: A Re-Examination
‘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
Customs & Cultures: Sources Or Stumbling Blocks For Law?
By Bhishm Khanna Customs and cultures are perceived as traditional, which are not amenable to change or challenge. Change is associated with laws, evident from the preoccupation to understand law as an instrument of social change. However as argued in this article, the perception that customs are ridden with orthodoxy on one hand and law … Continue reading Customs & Cultures: Sources Or Stumbling Blocks For Law?
Inviting submissions for the 2nd Edition of JILS Vernacular Blogs Initiative
This 21st of February, 2021, shall mark the 22nd year of observing the International Mother Language Day, which aims to promote linguistic and cultural diversity and multilingualism. To celebrate the same, JILS Blog is bringing back its Vernacular Initiative after a successful run last year. The initiative aims to publish a series of Legal Blogs … Continue reading Inviting submissions for the 2nd Edition of JILS Vernacular Blogs Initiative
Tiptoeing Religious Freedom in India [Part II]
By Astha Upadhyaya and Anant Sangal In the first part of this two-part commentary, we established the infirmities underlying the decision of the Court in Afzal Ansari. We argued that the Court fails to identify the primary concern the petitioner brought before it. In this part, we will argue against the very method the Court … Continue reading Tiptoeing Religious Freedom in India [Part II]
Tiptoeing Religious Freedom in India [Part I]
By Astha Upadhyaya and Anant Sangal This is the first part in the 2-part post titled "Tiptoeing Religious Freedom in India". On 15th May 2020, a two-judge bench of the Allahabad High Court (‘Court’) issued its judgment in Afzal Ansari & Ors. v. State of Uttar Pradesh & Ors.[1] (Civil Misc. Writ Petition PIL No. … Continue reading Tiptoeing Religious Freedom in India [Part I]
Euthanasia: Viewed From the Rights Framework
By Ankit Kapoor The unending advances in medical technology and unprecedented numbers of aging population, alongside global legal developments,[1] render the debate on euthanasia extremely relevant and important. Euthanasia is the practice of intentionally taking someone’s life, so as to relieve them of pain and suffering.[2] Its practice is traceable as far back as 400 … Continue reading Euthanasia: Viewed From the Rights Framework
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
Judicial Stereotyping: Times When Lady Justice is Not Blindfolded
By Simran Upadhyay Introduction Recently, the in-house probe panel dismissed sexual harassment allegations instituted against the former chief justice of India, Rajan Gogoi.[1] The Supreme Court, without adequate reasoning, alluded that it did not find any substance in the matter.[2] The judiciary also seemed to have bought into the societal inclination of disbelieving the victim, … Continue reading Judicial Stereotyping: Times When Lady Justice is Not Blindfolded
Revisiting Surrogacy (Regulation) Bill, 2019 from Fuller’s Perspective
By Kirti Meena Introduction The legislation has been trying to increase individual’s access to alternative means of reproduction, when they are unable to biologically reproduce due to any reason.[1] One such development in this regard, has been the Surrogacy (Regulation) Bill, 2019 (Hereinafter referred to as “Surrogacy Bill”). Surrogacy is a means through which an … Continue reading Revisiting Surrogacy (Regulation) Bill, 2019 from Fuller’s Perspective
The Journal of Indian Law and Society 