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Savings Clause under Hindu Succession Act- a Tussle between States and Centre

Introduction The Hindu Succession (Amendment) Act, 2005 is a significant piece of legislation which brought in major changes to the Hindu system of devolution of property. The core intent of the legislation was to bring the status of Hindu women on par with that of Hindu men, by abolishing discriminatory customs and practices of the …

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Unravelling the Layers: A Critical Analysis of the Mediation Act of 2023 -Navigating Opportunities and Challenges in Alternative Dispute Resolution

Abstract With the recent passing of the Mediation Act, there is a belief of getting relief since there would be regulation of the process of meditation leading to more preferring to resolve their dispute in Mediation cells, giving a relief in the already 4.7 crore pending cases, yet if delved deep into it there are …

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Gender-Neutral Rape Laws in India: Limitations of the BNS

INTRODUCTION Gender-neutral rape laws address the legal considerations for ensuring that rape laws are applicable to all individuals, irrespective of their gender. The traditional framework of rape laws in India has a gendered perspective, often conceptualising the victim as female and the perpetrator as male. This approach overlooks instances where the victim is male or …

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Human Rights and Humanitarian Law Under Contemporary Context

Abstract  International Humanitarian Law (IHL) and Human Rights play pivotal roles in safeguarding individual’s rights and preserving their dignity. Despite their shared goal of protecting human well-being, misconceptions often blur the distinctions between the two. This article aims to clarify these differences and shed light on the International Criminal Court’s (ICC) role in implementing humanitarian …

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Balancing The Scales: Examining POCSO Provisions In Light Of Teenage Autonomy

Abstract A three-judge bench, headed by Chief Justice of India D.Y. Chandrachud, had asked the central government about its stance on the application of “Romeo-Juliet law”. This was in response to a Public interest litigation (PIL) filed by Advocate Harsh Vibhore Singhal to decriminalize consensual sex among teenagers. This article will first look at why …

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Freebies, Manifestos and the Indian Socio-Legal Conundrum

Introduction: It all started in Ashwini Kumar Upadhyaya v. Union of India where the Apex Court recommended the formation of an expert panel for evaluating the scenario of freebies. In this suit’s aftermath, a debate sparked in the country as to the rationale behind Freebies and their controversial implementation. It further faced criticism on grounds …

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A Comparative Analysis – Attaining Gender Equality In India And South Africa

Introduction The term ‘equality’ as a strong aspiration has contributed much more than raising reformative actions and revolutionary movements. It has remarked on epochs of the social, political, and economic revolutions with the transformation of millions of lives in and around the world. Today, the reflections of these historical movements can be seen in countries …

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Forms Of Social Injustice: Exploring Remedies And Identifying Legitimate Claims

Introduction  How is the identity of a person or group formed? For Charles Taylor, it is partly formed by the presence or absence of recognition by others (1). But what is recognition? In the article “Politics of Recognition”, Charles Taylor defines “recognition” as the acknowledgment of the inherent dignity and worth of individuals or groups, …

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Debasing the Deceased: Examining Necrophilia from Judicial Lens

“People have different attractions. Mine just happens to be corpses.”                                                                                                            — Hayden[1] ABSTRACT Necrophilia, paraphilia is a sexual attraction to the departed souls. It is deviating from the normal sexual behaviour accepted by the society.  The journey of Necrophilia has evolved differently in the past many centuries, it being equated from a religious practise …

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Truth Commissions in Post-Colonial Transition: A Viability Assessment for Contemporary Transitional Justice

Introduction In the contemporary global discourse, post-colonial nation-states occupy a space replete with challenges and paradoxes. Having emerged from the shadows of colonial oppression, these nations grapple with the residue of entrenched institutionalised injustices, communal rifts, and socio-political schisms. Indeed, the very essence of “’post-colonial” suggests an existence that is forever tethered, albeit oppositionally, to …

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The Hijab: A Veil of Ignorance, a Breach of Uniformity, or a Constitutional Right?

“To be or not to be.” Much like Hamlet in Shakespeare’s timeless play of love and loss, who was faced with a life-changing dilemma where he contemplated his right to choose whether to live or not, multitudes of Muslim women across the globe find themselves contemplating their rights on whether to veil themselves or not. …

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Women as Weapons: Exploring Mob Behaviour in Manipur and its Devastating Impact on Human Rights

Introduction In the troubled state of Manipur, India, women have tragically fallen victim to sexual violence, wherein rape is employed as a weapon to instil terror and exert control over communities. This distressing practice not only violates fundamental principles of humanity but also undermines the very fabric of society. The systematic use of sexual assault …

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Staying Online: Hostellers’ right to access Mobile Phones and the Internet

Abstract: This blog deals with the fundamental issue of students, right to access mobile phones and the internet through court judgements, international guidelines and fundamental rights. This blog emphasises the importance of granting students this right in a reasonable manner while also maintaining discipline in hostels. The author aims to encourage hostels authorities and associated …

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Does the Hindu Law of Succession Permit One to Constitute Two Coparcenaries ?

  Introduction Prior to 1956, in the absence of any codified personal laws, the Hindu Community was guided by Mitakshara and Dayabhaga digests on Smritis i.e., customary law. To bring uniformity in personal pursuits of Hindus which were guided by their religion, the Parliament of India brought the Hindu Code Bills in 1950s codifying the …

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Surname, Autonomy And Gender Equality:analyzing The Italian Court’s Judgement

Introduction Family is the main pillar of patriarchy, a patriarchal unit within a patriarchal whole, it serves as a reflection of and a link to the greater society (1). The concept of surname is essential to the institution of family, as surname denotes and, in a way, carries forward the family name and in the …

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Secularism and Christianity: A Critical Analysis

Abstract This article examines the relationship of Christianity with Secularism through a study of its History and Philosophy. It also analyzes the unique model of Indian Secularism, often called ‘Nehruvian’ Secularism, in light of the history of Secularism and the State. The article does not advance a particular ideological viewpointbut merely presents the reader with …

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