A Sign of Obsoleteness: Marital Rape exception in the Bhartiya Nyaya Sanhita

The marital rape exception (referred to as the ‘MRE’ by the Delhi HC) has been a contentious issue in the legal world. The introduction of new criminal laws, that have come into effect on 1st July, have fuelled the debate further. The Bhartiya Nyaya Sanhita (hereinafter referred to as the ‘BNS’), as the ruling government claims, intends to wipe out archaic traces of the colonial era embedded in the IPC. However, marital rape being retained in the new law, as an exception to the rape offence, has attracted criticisms that question the very purpose of the criminal law overhaul in the country. This article aims to evaluate judicial views on this matter while making a strong case for deleting the MRE to uphold individual liberty.

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Steering the ‘Menstrual Leave Policy’ Debate in a Legal Direction

The long-standing debate regarding menstrual leave policy (hereinafter referred to as ‘the policy’) has erupted once again since the Supreme Court dismissed a petition seeking menstrual leave, on 8th July 2024. A three-judge bench consisting of CJI DY Chandrachud and Justices J.B. Pardiwala and Manoj Mishra stated that the court cannot take up policy matters that fall clearly within the executive’s domain and in turn, directed the government to frame a policy for the same. A concern flagged by CJI DY Chandrachud while dismissing the petition revolves around gender representation as it is feared that recruiters will have lesser preferences for women due to the ‘paid leave’ factor.

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The Three New Criminal Laws: A Woman’s View

The Indian criminal law system has been overhauled by the three criminal laws namely the Bhartiya Nyaya Sanhita (BNS) act, Bhartiya Nagarik Suraksha Sanhita (BNSS) act and the Bhartiya Sakshiya act (BSA) which seek to supersede the Indian Penal Code, 1860, the CrPC, 1973 and the Evidence Act, 1872 respectively. Since then, the changes introduced by these laws and their implications on the society have been a matter of discussion in the legal and political world. In addition to carrying the colonial baggage, the old penal code is premised on archaic notions of womens’ role in the society, which hindered their social progress and further rendered gender equality a far-fetched goal.

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Core Values of Democracy Under Threat: Analysis of the Sanction of Prosecution Against Author Arundhati Roy Under UAPA in 2010 Case

Arundhati Roy, a renowned author, awardee of the Man Booker Prize for Fiction (1998) for her outstanding debut novel The God of Small Things and the one who was awarded the Lannan Cultural Freedom Award in 2002, the Sydney Peace Prize in 2004, and the Sahitya Akademi Award from the Indian Academy of Letters in 2006 in recognition of her outspoken advocacy of human rights is in news these days as she is to face the prosecution under Section 13 of Unlawful Activities (Prevention) Act, 1967 (UAPA) for allegedly delivering ‘provocative speeches in public’ in connection with a 2010 case. Here is a brief account of the controversy and its overall effect on the democratic values of the nation.

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नई संसद : परंतु क्या महिलाओं के लिए भी कुछ बदलेगा?

बीते रविवार को हमारे प्रधानमंत्री नरेंद्र मोदी ने विवादों को दरकिनार करते हुए नया संसद भवन देश को समर्पित कर दिया और इतिहास में अपना नाम दर्ज करवा दिया। नया संसद भवन बनाने के पीछे सबसे बड़ा कारण ये बताया गया है कि वर्ष 2026 में देशभर में सीटों का परिसीमन होना है और निश्चित तौर पर सांसदों की संख्या बढ़ेगी जो लोकसभा और राज्यसभा की कुल मौजूदा संख्या 788 से बढ़ाकर 1200 से ज्यादा होने की संभावना है, परंतु फिलहाल संसद के दोनो सदनों में लगभग 800 के आसपास ही सीटें है। इसलिए समय रहते ही यदि नए सांसदों के बैठने की जगह का प्रबंध न किया जाता तो ये विश्व की तेजी से बढ़ती अर्थव्यवस्था वाले देश भारत के लिए विश्व पटल पर अच्छा संदेश नहीं माना जाता। ये हमारे प्रधानमंत्री की दूरदर्शिता का ही परिणाम है कि भविष्य की जरूरत को ध्यान में रखते हुए दोनो सदनों में कुल 1272 सीटों के साथ नए भव्य संसद भवन का निर्माण रिकॉर्ड समय में कर दिखाया।

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When Will the Feminist Movement Become Intersectional?

White feminism focuses on achieving white female equality at the expense of women of color. Although many may consider it an issue of the past, white feminism is extremely visible today through its modern incarnation of the “girlboss”, which focuses on female empowerment through capitalist means and disregards the needs of lower-income women of color. In order to understand how the feminist movement can become more inclusive, we need to look back at both the history of the feminist movement and Black women’s historical crusades.

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The Future of Socially Responsible Investing: Why Female Leadership Matters

Socially responsible investing has been gaining traction as more and more investors seek to put their money where their values are. And as the industry evolves, a trend has emerged: women are taking the lead. Studies have shown that women are more likely to consider environmental and social factors when making investment decisions, and to invest in companies with diverse leadership and strong corporate social responsibility practices. These traits make women natural leaders in the socially responsible investing space.

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Bharat Mata : Not An Idea Supported By The Constitution

The Constitution of India doesn’t provide for a gender for ‘Bharat’. The very first Article of the Indian Constitution states that ‘India, that is Bharat, shall be a Union of States’ (Article 1). So why not let ‘Bharat’, just be ‘Bharat’, one which as per the Preamble – we, the people of India (‘all’ the people of India), have given to ‘ourselves’? Why add the suffix ‘Mata’, and does this add any value to our understanding or how we relate to our Nation?

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