Redefining Divorce Dynamics and Decoding Judicial Boundaries: Unravelling the Impact of Shilpa Sailesh v. Varun Sreenivasan

Introduction The case of Shilpa Sailesh vs Varun Sreenivasan marks a significant milestone in the annals of Indian family law, heralding a paradigm shift in the judiciary’s approach to marital disputes and the dissolution of marriage. The case originated from a deeply contested matrimonial dispute between Shilpa Sailesh and Varun Sreenivasan, both parties embroiled in Continue reading


Demystifying the Countervailing Jurisprudence on Provident Fund Dues

Abstract We often hear disclaimers and cautions against going headfast into jobs that seem to show meagre growth potential and unstable security. But do these risks limit themselves to the initial period of job hunting? Or do they stretch to situations where one might have to forsake their earnings simply because their company can no longer Continue reading


Trimex Industries Pvt Ltd v. Sathavahana Ispat Ltd: Conundrum of Exercising Judicial-Review at Pre-approval Stage

abstract The pre-approval stage of the resolution plan, which occurs before the NCLT accepts the plan, is a crucial stage and can make or break the entire resolution process. However, there is a lack of clarity regarding the tribunal’s power to intervene and adjudicate upon the issues arising at this stage, which has created uncertainty Continue reading


Are All the Amendments to the Medical Termination of Pregnancy Act Appropriate?

Abstract The article reviews the legislative changes to the Medical Termination of Pregnancy Act 1971. It first provides background to the construction of the Act and proceeds to enumerate the various changes it has undergone. The author then elaborates upon the transformation and metamorphosis the Act has undergone to offer a critique of its various Continue reading


The Draft Population Bill of Uttar Pradesh: A Critique from Disability Lens

The Draft Population Bill of Uttar Pradesh: A Critique from Disability Lens

The article examines the proposed The Uttar Pradesh Population (Control, Stabilization, and Welfare) Bill, 2021, through the lens of disability rights and argues that the draft law was prepared with complete insensitivity towards disabled people. 

The Bill aims to control the population by limiting government incentives and benefits to those who have two children and has received criticism for its regressive approach. The article suggests that the law should be reassessed and take into account the principles of UNCRPD, RPwD Act, and constitutional jurisprudence pertaining to disability law. The government should also consider the objections of relevant stakeholders and avoid promoting exclusionary practices and stereotypes.


Oblivisci and the Right to Be Forgotten in India

ABSTRACT This is the twenty-first Century and we live in the internet era where everything is transforming into digital, including an omnipresent, global, and hugely accessible media to almost 4.88 billion internet users. The internet allows us to access a wealth of information, including daily news that provides extensive details on various topics, locations, and Continue reading


ECtHR’s Deference to National Authorities: An Analysis in Relation to Exclusive Cases of Public Morality and Cases Involving Sexual Component

Abstract ECtHR is under an obligation to account for the national constitutional values and context of the state while adjudicating on the matters relating to freedom of expression. It is generally argued by the scholars that all the cases restricting freedom of expression circumscribing public morals are subject to deference to national authorities. However, the Continue reading


Glass Ceiling

Glass Ceiling In The Legal Profession —A Curse To The Indian Legal System

Beginning with the acceptance of Cornelia Sorabji into the Allahabad High court in 1921 to rehearse as an advocate, the Indian legal system has come up a long way since India’s independence. Officially, after the Legal Practitioners’ (Women) Act of 1923 was passed, the restrictions on Indian women practising law were abolished. At least on paper, allowing female advocates access to the Indian courts.


bail order

The Trend of Casual and Cryptic Bail Orders: Vice of Arbitrariness

It has been observed that in recent years, the High courts of India have been approving or refusing bail orders in a cryptic and arbitrary manner in an increasing number of cases. This phenomenon can have deleterious ramifications for society and has the potential to ultimately erode trust in a just, fair, and reasonable judicial system. The judges of the High Courts have developed a propensity to particularly make generic statements about how “the facts and the circumstances have been considered” in such rulings which allowed the grant or rejection of the bail.


Jharkhand

Should Constitutional Protection under the Ninth Schedule be extended to the Jharkhand Bills on Reservation and Land Reform?

The article attempts to test the constitutionality of the inclusion of the Jharkhand Reservation and Land Reform bills under the Ninth Schedule. Before answering the question, the article delves into the provisions of the Constitution which deal with Reservation. Although the Constitution grants reservation to several disadvantaged social groups, the paper constricts its scope to those articles which deal with the Reservation of Scheduled Castes, Scheduled Tribes and Economically Weaker Sections of the Society.