Tag: Fundamental Rights

Marital Rape Within Prohibited Child Marriages

By Sumit Kumar Suman, CNLU INTRODUCTION A judge in India has officially confirmed that rape laws do not apply to married couples — once you’re legally wed, forced sex is no longer a crime.[i] Historically, “Raptus”, the generic term of rape was to imply violent theft, applied to both property and person. It was […]

Other Authorities under Article 12 of Constitution

By Dipti Khatri, UPES Dehradun Editor’s Note: Whilst enacting the Fundamental Rights in Part-III of our Constitution, the founding fathers showed that they had the will, and were ready to adopt the means to confer legally enforceable fundamental rights. The question that was required to be answered is as to against […]

Judicial Activism Under Article 21 And Personal Laws

By Mounica Kasturi, Symbiosis Law School, Pune “Editor’s Note: India is a nation with diverse communities that are governed by different personal laws according to their religion. These personal laws often come into conflict with the principles enshrined in Part III of the Constitution. The courts have generally been reluctant […]

In Re Ramlila Maidan Incident: Case Analysis

By Mounica Kasturi, Symbiosis Law School, Pune “Editor’s Note: Fundamental Rights are the most integral part of any democratic Constitution. These rights have been enshrined in Part III of the Indian Constitution. Along with rights bestowed, citizens are expected to conform to certain duties, known as Fundamental Rights, imbibed in […]

Right to Bear Arms as a Constitutional Right: Comparitive Stand-point of the Law in the United States of America and India

By Ivana Chatterjee, Christ Law College ” Editor’s Note: Constitutionality of any law is important as it is closely related to the Fundamental Rights of people. One of the most sacred  fundamental rights is the Right to Life. Inherent in the Right to Life is the right to defend oneself because […]