Marital Rape in India: Will the Kerala HC Judgment Usher Any Change?
Despite how consistent and common marital rape in India is, the idea of gender equality falls flat on its face when marital rape is given a subtle nudge from law, society and customs. The immunity to marital rape, too, like many other parts of the Indian code, is a British legacy, which can be traced back to the Jurist Mathew Hale, who laid the grounds for ‘marital immunity’. Aeshita Singh understands the recent Kerala High Court Judgment, which treats marital rape as a ground for divorce and then traces back to laws and social morality.
How Far Are We From Granting Adoption Rights for Same-Sex Couples in India?
Among everything else against same-sex love in India, adoption rights for same-sex couples is a utopia. Although the institution of marriage is blotted with patriarchal notions of society, it is necessary to access certain rights. Hence, it is a non-negotiable and compulsory contract with the self and the state. Unfortunately, however, India hasn’t recognised same-sex marriage yet, let alone adoption rights for same-sex couples. Rhythm Kalra asks when will India confer adoption rights to same-sex couples in India.
Glorification of Harassment in Bollywood Movies: Can the Censor Board Undo It?
‘Tera Naam’, ‘Toilet: Ek Prem Katha’, ‘Ranjhana’ are a few examples of glorification of harassment in Bollywood movies. Most of these movies and their perspectives are marked by a patriarchal mindset and masculine lens, often romanticising the victim’s trauma as an act of ‘falling in love’. Tejaswi Shetty studies such performances of stalking and harassment potent in contributing to crime against women. She also understands the role of the Central Board of Film Certification (CBFC) and how they could be effective.
Legal status of Live-in Relationships in India: Mapping Indian Jurisprudence
The legality of live-in relationships in India is quite muzzled. While there’s no legislation defining live-in relationships in India, the judiciary hasn’t been averse to the idea. So even though it’s pretty common now, no legal protections are extended to couples as the state does not legally recognise the relationship. The subject offers a conundrum for the couple and often act as an impediment to access social security. Alekhya Sattigeri writes about the legal status of live-in relationships in India, detailing the judiciary’s stance on the same.
How the Colonial and Post-colonial Morality Invisibilise Sex Workers in India?
Indian colonial and post-colonial legislation and society together tried to push sex workers in India outside the domain of the ‘normal’. Even after independence, the shadow of moral chastity reflected on the drafting and interpreting laws that continued to create exclusionary spaces for sex workers in India by further invisibilising them. From criminalisation to victimisation, Shivangi Banerjee describes the derogation of sex workers in India.
How British Imposed Their Idea of Sodomy? History of Homosexuality in India (Part II/III)
In Part II of a three-part series, the article talks about the infiltration of colonial morals and how the anglicisation of selective religious text polluted the connotation of same-sex love in India. Thus, further inscribing British orthodox morality into the constitution and elsewhere. Deepanshi Mehrotra writes how S. 377 was implemented as a tool of disciplining desire. And even after independence was used for harassment by the police and society alike.
Yours Queerly: The Meaning of Queer and Its Significance Today
To find the meaning of queer as we know of it today, and locating its beginning is nearly impossible. Like language, the purpose of ‘queer’ and its significance has only evolved. From an idea to identify and finally becoming activism, ‘queer’ is not limited to how one defines themselves. It extends beyond the gender and sexuality paradigm; it presents marginalisation and change. Srinithi Sreepathy traces the beginning of the Stonewall movement, the making of pride and the evolution of the word ‘queer’. She also looks at the significance of the word in the Indian context.
The Pre-Colonial History of Homosexuality in India: Why Love Is Not Western (Part I/III)
This article is part of a three-article series that will discuss the history of homosexuality in India in pre-colonial and colonial times and the decriminalisation of Section 377. Historians often reference back to the pre-colonial times when speaking about same-sex love and its prevalence in mythology, vernacular literature and religious text. But many oppose homosexuality based on the reasoning that it subscribes to a western form of living. Deepanshi Mehrotra, in this article, as part of three-article series, will debunk the ‘western idealogy’ argument, countering literary and graphic evidence smothered across India’s monuments and scriptures.
Wrecking Prejudices: This Is How the Madras HC Judgment Rethinks Transformative Constitutionalism
On June 7, Justice N. Anand Venkatesh of the Madras High Court wrote a progressive judgment, setting new precedents for all cases that deal with LGBTQIA+ persons’ rights. The judgment is deemed exceptional for several reasons, but one of the many is his attempt to understand the processes he seeks to undo. Justice N. Venkatesh, through his actions, attempts to fully realise what it means to be queer in a heteronormative society. Vershika Sharma explains how Justice N. Venkatesh made an effort to overcome his biases to understand same-sex relationships. She argues that the same shifts how we see transformative constitutionalism. She argues that this movement is a progression from Navtej Johar judgment in implying the concept of ‘transformative constitutionalism’.
The Barbaric Reality of Conversion Therapy in India: Why Is It Vicious?
From 2001 to Pride month 2021, it’s only unfortunate that we bring you an article on ‘conversion therapy’, a brutal practice that continues to be in force in the country and worldwide. Deepanshi Mehrotra uncovers the history of conversion therapy and its abuses on LGBTQIA+ persons. Needless to say, the only thing abnormal about homosexuality is its unacceptance in Indian society.
Social, Legal and Ethical Analysis: How Do We View Abortion in India?
While the Medical Termination of Pregnancy (Amendment) Act 2021 garnered praise, abortion in India is still a question of morality concerning many religions. Even though India promulgated the Medical Termination Act in 1971, it was fraught with issues that were left unaddressed. Is the amendment successful in undoing the fallacies of the principal Act? What has been the role of the Indian Judiciary in this respect? Rujuta Joshi writes about the history of legalising abortion in India. She moves from the making of the MTP Act 1971 to the promulgation of MTP (Amendment) ACT 2021.
She also discusses the role of the Indian Judiciary, society and several administrative issues, which kept India from realising a woman’s choice and agency over her own body.
Moral, Social and Legal Lens: The Rights of LGBTQIA+ Community in India
Even after Section 377 was decriminalised in India, homosexuality continues to be a taboo subject. And the LGBTQIA+ community continues to face social ostracization, one that is offered from within and outside the family. The present commentary by Disha Pathak briefly discusses society’s obsolete lens on homosexuality and the judiciaries’ own flaws in realising the 2018 Judgement.
The Forgotten Princess: Life and Work of Rajkumari Amrit Kaur
Among the fifteen women in the Constituent Assembly, Rajkumari Amrit Kaur has a mighty little chance of being recalled. To be fair, she does have more search results on Google. Perhaps because of her title or her association with Gandhi. Both of these aspects were very much her, none less than the other. But she was certainly more than just it. Astha Jain lays down a lucid and detailed account of Rajkumari Amrit Kaur who was much more than her title and her Gandhian philosophy.
Mandatory Appointment of Woman Director under Companies Act, 2013: A Feminist Critique
Though Section 149 (1) of the Companies Act, 2013, is touted for its progressive stance. But can a mandatory provision exhaust the patriarchal climate of the boardroom? Gayathri Balasubramanian asks some pressing questions on the efficacy and implementation of the provision. And if it will affect overall gender disparity and stereotypes in the workforce.
Women in Constituent Assembly: Reasserting the Agency of Dakshayani Velayudhan
In a special series on the women in the Constituent Assembly, we revisit the making of the first Dalit women, Dakshayani Velayudhan. By revisiting her through the Constituent Assembly Debate Archives, we wish to enunciate her experiences and platform her agency.
It’s Time to Ban Female Genital Mutilation in India: Here’s Why
By Prerna Murarka, fourth-year law student, ILS Law College, Pune.
Maternal Mortality in India
Digvijay Singh Editor’s Note: In developing countries like India, maternal mortality ratio is still very high. Different socio demographic factors are responsible beside the medical
Man: A Legally Disabled Race
By Pranav Gupta, Symbiosis Editor’s Note: The author believes that some of the present laws in India discriminate against men. More specifically, the author discusses Section
