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...
Caste Discrimination in Indian Prisons Case – Part 1 (Division of Manual Labour)
This two-part blog series delves into the pervasive issue of caste discrimination within Indian prisons, analysing the recent Supreme Court judgement in the case of Sukanya Shantha v. Union of...
Prisoners’ Right to Procreate as a Ground for Parole in India: A Platform for Discrimination?
Indian courts have recognized that prisoners possess procreative and marital rights under Article 21 of the Constitution, allowing parole to exercise these rights. However, granting parole on this basis undermines...
“The Parent Knows Best”: (Over)Protection of Children in the Data Protection Framework in India
In 2023, the Indian Parliament passed the long-awaited Digital Personal Data Protection Act (DPDPA), which, under Section 9 makes provision for the regulation of the personal data of minors. According...
Two Roads Diverged Within Disability Jurisprudence In India, The Supreme Court Took The One Less Travelled By
While ‘disability’ has not been mentioned as a ground of discrimination in the Indian Constitution, the promulgation of the Right of Persons with Disabilities, 2016 has assisted in preventing disability...
Decisional Autonomy: Unrealised Right under India’s Abortion Law?
Legislative discussions surrounding the 2020 Amendment Bill to amend the Medical Termination of Pregnancy Act (‘Act’) stated that it is an effort in ensuring autonomy for women who desire to...
Upholding the Dignity of Prisoners: The Indian Supreme Court’s Stand Against Caste-based Discrimination in Prisons
On 3rd October 2024, the Supreme Court of India in Sukanya Shantha v. Union of India & Ors. addressed the issue of Caste-based discrimination in the Indian prisons. India has...
