Rethinking the POSH Act in India: Expanding sexual harassment to include sex-based harassment at the workplace
In India, the primary legislative instrument aimed at creating safe and dignified workplaces for women is the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (‘POSH...
A Critical Analysis of the Indian Supreme Court’s Ruling on Same-Sex Marriage
On October 17, 2024, the Supreme Court’s five-judge Constitution Bench ruled that same-sex couples do not have an unconditional right to marry, stating it is a matter for Parliament, and...
Can’t Fathers Feed their Babies? Critiquing the Indian Supreme Court’s order on gendered infant-care in public
In February 2025, the Supreme Court of India passed a landmark order in Maatr Sparsh, An Initiative by Avyaan Foundation v. Union of India, acknowledging the intertwined legal rights of...
Discarding the Marital Rape Exemption: From Fundamental Rights to Vulnerability Theory
Recently, in Gorakhnth Sharma v. State of Chhattisgarh, the Chhattisgarh High Court acquitted a man, who allegedly forced anal intercourse on his wife resulting in fatal injuries, of all charges...
India’s Fight Against Sexual Harassment: SHe-Box’s Big Promises Leaves Bigger Gaps
SHe-Box (Sexual Harassment electronic-Box), launched in 2017 under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (“PoSH Act”), was envisioned as a centralized platform to...
Balancing Progress and Rights: India’s Struggle with Working Hour Norms Amid ILO Conventions
The International Labour Organization’s (ILO) first convention in 1919 established an eight-hour workday and 48-hour workweek, aiming to balance productivity with worker welfare. A century later, India, an ILO founding...
Commercial or Altruistic Surrogacy: The Indian Supreme Court Finds Middle Ground
Governance of surrogacy in India has been multi-faceted. Whereas commercial surrogacy was previously allowed, the current legislation is focused on altruistic surrogacy. The Surrogacy Regulation Act 2021 as defines ‘altruistic...
How the Supreme Court of India continues to flout the ‘Bail Is Rule, Jail an Exception’ Principle
The Supreme Court of India (SCI) has consistently held the cardinal principle of criminal law that ‘bail is the rule, jail an exception’, even in special statutes such as the...
‘The Private is Political’: Horizontality of Fundamental Rights as an Antidote for Trans Discrimination in India
The Indian Supreme Court’s issuance of notice on January 2, 2024, in response to a petition by a transwoman dismissed from two private schools due to her gender identity underscores...
Reforming Bail Jurisprudence: An Imperative for India
The fundamental objective of judicial administration is to establish uniformity and certainty in the decisions of the court, which fosters legitimacy in the legal system. When persons accused of the...
Widening the class of complainants and respondents under the Sexual Harassment of Women at Workplace Act, 2013
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, (‘POSH Act’) was introduced in India in 2013 to prevent and redress complaints of sexual harassment made by...
Caste Discrimination in Indian Prisons Case – Part 2 (Discrimination against Denotified Tribes)
This blog continues Part 1 of the exploration of Caste Discrimination in Indian Prisons Case (Sukanya Shantha v. Union of India). The Supreme Court’s judgement marks a significant turning point...
