Constitution
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Carceral Justice And Conjugal Rights: Addressing The Systemic Neglect Of Women Prisoners
Marriage has been upheld since time immemorial as the primary social institution, with conjugal rights forming its foundation. These rights, consisting of emotional companionship, cohabitation, and procreation, are considered key to the sanctity of marriage. But then arises the question as to whether the conjugal rights exist within the four walls of a prison cell.…
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Intersecting Inequalities: Right to Education and Minority Identity in India’s Legal Framework
India’s legal system is founded on constitutional morality and social justice, and is concerned with balancing competing claims of individual rights and collective identities. Education, as a constitutional right[i] brings together many facets of identity (caste, religion, gender, language, and socioeconomic status), making it a site of valuable reconciliation. This blog examines how intersectionality shapes…
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A Case for Recognizing Gendered Caste Discrimination under the ICERD and the Indian Law
A week before the whole world was about to celebrate the International Women’s Day, ironically with many people and national leaders in India even posting about it on social media, a court in Uttar Pradesh, released the three men accused of the brutal gang rape and murder of a 19-year-old Dalit girl in Hathras in…
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Justice Under Duress: The Imperative For Anti-Torture Legislation In India
Every year thousands suffer in silence behind closed doors, as those entrusted to protect become the perpetrators, shattering lives and undermining justice. As India prepares to celebrate more than 75 years of its Independence, a pressing question of human rights comes to the forefront: the persistent custodial torture and abuse in the national discourse. This…
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A Slow Liberation For The District Judiciary | Prashant Reddy Thikkavarapu writes
Prashant Reddy Thikkavarapu is the Co-author of ‘Tareekh Pe Justice: Reforms for India’s District Courts’, published by Simon & Schuster, India. In the last month, there have been two judgments from two different High Courts, which have shone a bright light on the unfortunate manner in which the independence of the district judiciary is being…
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Constitution as a Proponent of Women Empowerment in India
The framers of our Constitution have incorporated certain provisions within the Constitution to ensure the enforcement of Fundamental Rights; the most important of which is the Right to Constitutional Remedies under Part III, which has been made a Fundamental Right. This is the most unique feature of our Constitution. A citizen has the right to…
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India’s Slow March Back to ADM Jabalpur
50 Years Later, What Have We Learned? This year marks the 50th anniversary of the National Emergency imposed by Prime Minister Indira Gandhi under Article 352 of the Indian Constitution. This 21-month period is often touted as the “blackest era” in India’s democratic history. During this phase, several constitutional provisions and laws such as the…
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“Scandalising The Court”: A Colonial Relic In The 21st Century
In the world’s largest democracy, the judiciary occupies a revered position as the sentinel of constitutional values. Yet, its enduring authority to punish for criminal contempt, particularly through the archaic and amorphous doctrine of “scandalising the court”, invites renewed scrutiny in 2025, a year marked by both institutional introspection and public unease. Under Section 2(c)(i)…
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Constitutional Disruptions And Institutional Amnesia: A Study Of India’s Democratic Fragility
Abstract “If I see the constitution being misused, I shall be the first to burn it.” This is a well-renowned quote from Dr. B.R. Ambedkar, which incorporates the essence of possible misuse of the constitution and the chances of constitutional breakdowns. India is widely accepted as the largest among democracies and a country that incorporates…
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The Journey of Right to Information in India
Right to Information (hereinafter RTI) can be referred to as a tool to ‘Empower the General Masses of the country. ‘It is a surprising fact that in such a vast country like India, which is also the world’s largest democracy, there was no any prescribed way through which the general public could access the information…