India

Should the Indian Supreme Court Scrap the Marital Rape Exemption?

Should the Indian Supreme Court Scrap the Marital Rape Exemption?

Judges always have at the ready some doctrinal basin to wash their hands of moral complicity.
The Unconstitutionality of the Marital Rape Exemption in India

The Unconstitutionality of the Marital Rape Exemption in India

The marital rape exemption reinforces the patriarchal stereotype that women have no sexual freedom or autonomy ...
Intersectional Inequalities and Reproductive Rights: An India-Nepal Comparison

Intersectional Inequalities and Reproductive Rights: An India-Nepal Comparison

Recent judgments from India and Nepal are steeped in an intersectional understanding of inequality as a necessary ...
The Right to Privacy and Access to Abortion in a Post-Puttaswamy World

The Right to Privacy and Access to Abortion in a Post-Puttaswamy World

The new right to privacy could address the cultural and economic realities that exist within India which affect ...
A Common Denominator: The Role of the Anti-Exclusion Principle in Freedom of Religion Cases

A Common Denominator: The Role of the Anti-Exclusion Principle in Freedom of Religion Cases

The anti-exclusion principle is helpful as a common denominator for considering cases of conflict between ...
An Equal Right to Freedom of Religion: A Reading of the Supreme Court’s Judgment in Sabarimala

An Equal Right to Freedom of Religion: A Reading of the Supreme Court’s Judgment in Sabarimala

Religious denominations cannot exercise their autonomy in a manner that degrades basic human dignity.
Comparative Bicameralism: A Survey of Global Approaches

Comparative Bicameralism: A Survey of Global Approaches

Bicameral relations are not static and the longer-term trend has been for upper houses to become less influential.
Proportionality and Constitutional Review

Proportionality and Constitutional Review

There is a temptation to think that issues of normative choice and balancing are more complex in public than ...
Reinvigorating Bicameralism in India

Reinvigorating Bicameralism in India

The bicameral structure of government was constitutionally designed to serve functions that enhance the autonomy ...
Proportionality in India: A Bridge to Nowhere?

Proportionality in India: A Bridge to Nowhere?

The Indian Supreme Court's invocation of the structured proportionality test is a bridge to nowhere.
The Judicial Role in the Surveillance State

The Judicial Role in the Surveillance State

The courts' responsibility to check abuses of power is heightened in a context where secrecy reigns.
The Surveillance State, Privacy and Criminal Investigation in India: Possible Futures in a Post-Puttaswamy World

The Surveillance State, Privacy and Criminal Investigation in India: Possible Futures in a Post-Puttaswamy World

With a strong conception of privacy focussed on individual liberty after Puttaswamy, there is now a starting point ...

Become A Contributor To The Blog