Consent in Medical Treatment in India: Ethical and Legal Perspectives
Consent forms the ethical and legal cornerstone of medical practice, reflecting respect for patient autonomy and the right to self-determination. In the Indian context, consent in medical treatment is governed by a combination of statutory provisions, constitutional principles, ethical guidelines, and judicial interpretations. This article examines the concept of consent with particular emphasis on its […]
Judicial Approach to False Complaints under the POCSO Act 2012: An Analysis of Recent Indian Case Laws
The Protection of Children from Sexual Offences (POCSO) Act, 2012, prescribes stringent measures like special courts (Section 28) and presumptions of guilt to protect adolescents under the age of 18 from sexual abuse. However, Section 22 punishes false accusations by non-children with up to six months imprisonment or fine, granting immunity to the minors while […]
Representation of Women in the Indian Legal System: Barriers, Progress, and Pathways for Gender Parity
The Indian Judiciary & Legal Bar display grave discrepancies in gender parity, where women account for merely 2.9 -3.1% of Judges in the Supreme Court, 14% of Judges in the High Courts, and 15% of the legal bar, whereas the Indian Constitution, through Articles 14, 15, and 16, guarantees equality. Through this doctrinal & empirical […]
A Review of Sikkim Succession Act, 2008: A Human Rights Perspective
Sikkim’s unique constitutional status under Article 371F allows for the preservation of old laws and customs. However, this often creates a conflict with Part III of the Indian Constitution. The Sikkim Succession Act, 2008 was considered as a positive move towards codifying property rights in a state governed by customary laws. While it aimed to […]
India’s Journey Towards Becoming a Global Arbitration Hub with Special Reference to Institutional Growth and International Credibility
The Indian arbitration ecosystem has undergone revolutionary evolution through purposive institutional development, progressive legislative amendments, and judicial restraint, positioning the country to emerge as a global arbitration hub, similar to Singapore, London, and Hong Kong. The exponential growth of flagship arbitration institutions like NDIAC, MCIA, and DIAC saw MCIA report a 48% increase in caseloads […]
Doctrine of Public Trust Superimposes Secularism: Discourse with Reference to the Covid-19 Mass Deaths in India
The mass deaths in COVID-19 persuaded the human race to align their actions for the protection of environment and human health as a part and parcel of it. In India, the lack of resources and water in the river for the performance of ‘final rites’ ceremony of the deceased disgruntled the economically weaker sections of […]
Bail as a Human Right: A Critical Examination of Bail Reforms under BNSS
Bail occupies a pivotal position in the criminal justice system, mediating the State’s coercive power to arrest and detain against the constitutional presumption of innocence and the protection of personal liberty. Traditionally perceived as a procedural mechanism to secure the presence of the accused at trial, bail has, through evolving constitutional jurisprudence, acquired the character […]
An Analysis of Puttaswamy: The Supreme Court Privacy Verdict with Reference to Aadhar Card
This paper discusses the Supreme Court’s framing of the fundamental right to privacy in Justice K.S. Puttaswamy (Retd.) v. Union of India (2017) and what that means for the Aadhaar program in the 2018 Aadhaar verdict (Puttaswamy II). The nine-judge court, by its judgment in 2017, held that privacy is vital to life and personal […]
The Constitutional Duty to Forget: Indefinite State Retention of Personal Data After Puttaswamy, NATGRID, and the Personal Data Protection Act, 2023
The acknowledgement of informational privacy by the Supreme Court in Justice K.S. Puttaswamy (Retd.). v. Union of India suggests the positive duty of being able to forget personal information implicitly after the initial purpose of such information is satisfied. However, the Central Identities Data Repository (Aadhaar), CCTNS, NATGRID and the Central Monitoring System will have […]