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Family Courts and Women: Examining its Unintended Consequences
Read more: Family Courts and Women: Examining its Unintended ConsequencesBy : Manav Chakraborty Abstract The Family Courts Act of 1984, was introduced in India to provide a specialised and sensitive forum for resolving family disputes with a focus on gender justice and the welfare of women. However, its implementation has revealed significant unintended consequences. This paper critically examines how the Act’s objectives—such as prioritising…
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MEDITARI, MEDITATIO, MEDIATION: Tackling Non-Starter Cases —Lessons from the Italian Model
Read more: MEDITARI, MEDITATIO, MEDIATION: Tackling Non-Starter Cases —Lessons from the Italian ModelBy : Anandi Katiyar Abstract Mediation in commercial disputes is a cost-effective alternative to litigation, yet India’s framework faces significant hurdles, particularly the issue of non-starter cases where parties fail to engage meaningfully. This paper explores how India can address this challenge by adopting Italy’s successful “carrot-and-stick” approach. Italy’s mediation reforms of 2023 incentivise participation…
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The Doctrine of Temporal Unreasonableness: Unravelling the Contentious Dissent in In re: Section 6A of the Citizenship Act, 1955
Read more: The Doctrine of Temporal Unreasonableness: Unravelling the Contentious Dissent in In re: Section 6A of the Citizenship Act, 1955Last year, the Supreme Court, In re: Section 6A of the Citizenship Act, 1955, upheld the constitutionality of Section 6A of the Citizenship Act, 1955 by a 4:1 majority. The dissenting opinion rendered by Justice Pardiwala deployed the doctrine of temporal unreasonableness to argue that the provision has outlived its purpose and thereby ought to…
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Witness Protection in India: Recent Initiatives by the Government and the Impact of New Criminal Laws
Read more: Witness Protection in India: Recent Initiatives by the Government and the Impact of New Criminal LawsThe role of witnesses in criminal trials is indispensable in ensuring the administration and efficacy of the criminal justice system. However, the Government of India and investigating agencies have sometimes fallen short in providing adequate protection to witnesses against the frequent threats, intimidation and coercion which they face. In this article, we examine how this…
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RECLAIMING THE FOUNDATIONS: A RETURN TO QUR’ANIC CONJUGALITY
Read more: RECLAIMING THE FOUNDATIONS: A RETURN TO QUR’ANIC CONJUGALITYIslamic feminists highlight the gender egalitarian and socially just nature of Islam and its founding principles. They have continued to argue their interpretation in line with what the religion provides for. They interpret the tenets without deviating from the fundamentals of Islamic principles, posing a challenge to the authority of patriarchal interpretations of the rights…
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The Criminal Reality Of The Metaverse: A New Avenue For Gendered Atrocities
Read more: The Criminal Reality Of The Metaverse: A New Avenue For Gendered AtrocitiesThe metaverse, a virtual reality space for social interactions, mirrors real-world inequalities and crimes, particularly gender-based violence. A range of crimes from virtual sexual harassment to virtual rape is no more just cyberbullying but a rather heeded incident given the immersion involved in virtual reality. Technologies are often unregulated when developed and put in the…
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Balancing Justice: The Introduction of ‘Trial in Absentia’ in India’s New Criminal Code
Read more: Balancing Justice: The Introduction of ‘Trial in Absentia’ in India’s New Criminal CodeThe introduction of the provision for ‘Trial in Absentia’, under section 356 of the Bhartiya Nagarik Suraksha Sanhita [“BNSS’] marks an essential juncture in the Indian Criminal Justice system, aimed at providing speedy trials and preventing undue delays caused by absconding accused individuals. While the inclusion of this provision is a landmark step towards enhancing…
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Tackling the contemporary “Aaya Ram Gaya Ram”
Read more: Tackling the contemporary “Aaya Ram Gaya Ram”There’s a popular phrase “Aaya Ram Gaya Ram” and let’s just say Nitish Kumar is the modern-day embodiment of it. Are there laws to stop elected politicians like him? Yes, an anti-defection law exists in our Constitution. Then why doesn’t it apply to Nitish Kumar and many other politicians like him? This is exactly what…
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Anwar’s Aftermath: A Retrospective Reassessment
Read more: Anwar’s Aftermath: A Retrospective ReassessmentIn this article, I examine the jurisprudence following Anvar and how the Courts have treated the operational applicability of the ruling, arguing that a retrospective application is the only position good in law. I further submit a more radical vision, suggesting a return to the position in Navjot Sandhu, which recognised that Section 65-B must…
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REFORMING OR REPEATING? THE INTENDED OR UNINTENDED CONSEQUENCES OF INDIA’S CRIMINAL JUSTICE REFORMS
Read more: REFORMING OR REPEATING? THE INTENDED OR UNINTENDED CONSEQUENCES OF INDIA’S CRIMINAL JUSTICE REFORMSThe overhaul of India’s criminal justice system through the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam has been criticized for failing to achieve ‘decoloniality’. Despite claims of indigenization and democratization of the criminal justice system, these new laws either retain most of colonial-era provisions or make them more terrorizing…
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Restorative Justice Approaches in Sexual Offense Cases: Potential and Pitfalls
Read more: Restorative Justice Approaches in Sexual Offense Cases: Potential and PitfallsLegislation on sexual offences is designed to address and mitigate crimes such as rape, sexual assault, and harassment, ensuring that victims receive justice and perpetrators are held accountable. This article examines the effectiveness of these laws in achieving procedural justice for victims and in assessing how well current legislation aligns with the principles of procedural…
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Political Integrity vs. Individual Rights: The Debate on Anti-Defection Laws
Read more: Political Integrity vs. Individual Rights: The Debate on Anti-Defection LawsBy Nethra Katikaneni Abstract The objective of this paper is to provide a comprehensive analysis of Anti-Defection laws inIndia, focusing on their historical development, legal framework, and implications fordemocratic governance. Anti-Defection laws were introduced to address the issue of politicaldefections, where elected representatives switch parties, often for personal gain, destabilizinggovernments and undermining the electorate’s mandate.…
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