The Broken State of Capital Sentencing in India’s Trial Courts
Project 39A at National Law University, Delhi analysed judgments of all capital cases (215 in total) across trial courts of three Indian states, Delhi, Madhya Pradesh and Maharashtra, decided over...
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 marital rape exemption reinforces the patriarchal stereotype that women have no sexual freedom or autonomy within marriage.
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 approach to realise women’s reproductive rights....
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 women’s access to reproductive healthcare....
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 religious autonomy and equality claims.
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
Bicameral relations are not static and the longer-term trend has been for upper houses to become less influential.
Proportionality and Constitutional Review
There is a temptation to think that issues of normative choice and balancing are more complex in public than private law. This should be resisted.
Reinvigorating Bicameralism in India
The bicameral structure of government was constitutionally designed to serve functions that enhance the autonomy of the individual.
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 courts’ responsibility to check abuses of power is heightened in a context where secrecy reigns....
