Legal Studies – Page 9 – NICKELED AND DIMED

Assessing the State’s Role in Ensuring the Accessibility of Menstrual Rights.

In a country where over one third of the Indian menstruating population lives in period poverty, it is astounding to see that even with progressing times, menstrual rights have not been established to protect them and their rights. Menstrual rights as a legal concept is not acknowledged in the country and it has had a…
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Recognizing Sex Work As A Profession

The Supreme Court bench of Justices of L Nageswara Rao, BR Gavai, and AS Bopanna held that sex workers have the protection of fundamental rights under the Indian Constitution and this protection extends to the children of sex workers. The judgement was hailed as a remarkable victory by the liberal gurus in the media, however,…
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Understanding ‘Buy Now Pay Later’ Industry Regulations by RBI

Reserve Bank of India has recently provided guidelines to regulate Digital Lending infrastructure in India, more specifically the BNPL (Buy Now Pay Later) industry. The regulator through the Master Direction has banned Non-banking Institutions from loading Prepaid Payment Instruments (hereinafter referred to as ‘PPI’ ) with credit lines. This article aims to understand the growth,…
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Changing Familial Relationships: Transcending Heteronormativity

This article looks at the recent Supreme Court judgment in the case of Deepika Singh v Central Administrative Tribunal & Ors. The ruling broadened the definition of family to include atypical families and guaranteed them the same rights as conventional heteronormative ones.
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Access to safe abortions: Medical Termination of Pregnancy Amendment, 2021

The article focuses on the relationship between unsafe abortion practices and abortion laws in light of the Medical Termination of Pregnancy Amendment, 2021. We focus on the correlation between abortion laws and safe abortions while understanding how restrictive as well as liberal abortion laws impact maternal health.
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Evolution of queer literature: from Lihaaf to Shikhandi

Although Ismat Chugtai’s Lihaaf is often cited as a beacon of queer indian literature in the early 20th century, a close scrutiny of its sub-texts and narrative shows how this attribute may not be entirely suitable to its premise. Several instances and inter-personal relationships, created by Chugtai, demonize queerness as exploitative, undesireable, and ugly. It’s…
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Space Laws: What Governs Intellectual Property Rights in Outer-Space?

This article seeks to explore the current IPR regime, how it applies to outer space law, and how it may be adapted to be a better fit for the same. It seeks to do this through an analysis of the current IPR regime (by the means of various articles of international treaties and their inadequacies…
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AUDI ALTERAM PARTEM AND THE MARITAL RAPE EXCEPTION : THE NEED TO LISTEN TO THE OTHER SIDE – PART I

Despite widespread scholarly opinion endorsing the unconstitutionality of the marital rape exception within the IPC, as well as its deplorability in a egalitarian society, neither the Judiciary nor the Legislature have yet wielded their constitutional powers to eradicate it.
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Just Mercy and the Reality of Wrongful Convictions

Destin Cretton’s Just Mercy is a steadfast journey through the real-life story of a black-man and how he is wrongfully sent to death-row for a murder he didn’t commit. The movie exposes the persistent racial injustice in the criminal justice system in the USA.
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Gender and Law: Reproductive Rights in Indian Jurisdiction

This article describes the recognition of reproductive rights as essential for women’s equality and has called for respect for women’s rights to autonomy and decision-making concerning pregnancy. The Indian Jurisdiction has developed a robust definition for ‘reproductive rights’ which reflect the term human right standards.
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Is Capital Punishment Ethical?

The article will describe the status of capital punishment pre and post Independence era and will also discuss the question surrounding capital punishment as a necessity. Additionally, it will discuss the landmark judgment ‘Bachan Singh vs State of Punjab’ wherein the Supreme Court discussed the status of capital punishment and the legislation governing it
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Fluid Moralities and Navigating Crisis: An explication of Fullerian Natural Law

The school of thought that presumes an intimate relationship between Morality and Law is regarded as Naturalists with Lon Fuller as one of their key proponents. However, the position of the sovereign-state in Fuller’s conception of the law is undermined, and the severe Covid-19 Pandemic measures taken by different sovereigns have only established the ascendency…
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