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Women and Law

Woman’s Right to Shared Household under the Domestic Violence Act
Women and Law

Woman’s Right to Shared Household under the Domestic Violence Act

INTRODUCTION: India is a developing nation. Developing not only economically but also socially. With the country’s evolving history, these developments are almost necessary. These changes impact a lot of other things like the standard of living to an extent it even creates an impact on how the judiciary delivers a judgement. Over the years there have been several landmark judgements been passed that has created an impact on the Indian society, one such judgement that broke new grounds was the verdict pronounced in Satish Chander Ahuja v. Sneha Ahuja.[1] THE ACT OF DOMESTIC VIOLENCE: Recently the Supreme Court ruled certain provisions in favour of women facing domestic violence in a shared household. It’s now time to shed some light on the Domestic Violence, an inhumane act that h...
Daughter’s Equal Right on Ancestral Property
Women and Law

Daughter’s Equal Right on Ancestral Property

Introduction In India, personal laws regulate the inheritance of ancestral properties. Succession among Hindu families is dealt with by the Hindu Succession Act, 1956. This Act gave restricted property rights to Hindu women, and sections such as section 6 and section 23 of the Act were primarily patrilinear. However, major revisions to the Act were introduced in 2005. In August 2020, in the case of Vineeta Sharva v. Rakesh Sharma & Ors, the Supreme Court ruled that the daughters of the Hindu father must have the same rights to ancestral property as the son who eventually gave equal rights to women. Property rights under Hindu Law There are two major schools of thought for the Hindus, Mitakshara and Dayabhaga. Since Mitakshara was approved and acknowledged by the majority of I...
Custodial Rape
Women and Law

Custodial Rape

INTRODUCTION: Rape, it is the most heinous crime inflicted upon the human race by themselves without any gender partiality. Innocent animals too are falling prey to this gruesome act nowadays. Custodial rape is one of its kind. Taking advantage over a vulnerable person, being exploited sexually by another person who has sovereign power over that said person when taken into custody amounts to custodial rape.Custodial rape maybe committed by a police officer, public servant, person on the management or staff of a jail or a remand house or other place of custody for women and children, or by one on the management or staff of a hospital.[1] Custodial rape, which is as serious and cruel as custodial deaths went highly unreported for so many decades until a young tribal girl was raped by two...
A New Era of Surrogacy in India
Women and Law

A New Era of Surrogacy in India

INTRODUCTION Marriage is one of the universal social institutions. The marital commitment between a man and a woman, they claim is consummated by a single purpose, which is expressed by “fulfilling together the behavioral conditions of procreation”[1]. But throughout its trace in history, the sole goal of martial relationship was to produce offspring in context with many of the cultures around the world and the reason behind that practice was to foster the population growth as there was increasing infant mortality rate and for cultural practices. But an infertility couple couldn’t fulfill the desire. The government were morally obliged to fix this issue by enacting adoption laws. However, this has been historically a national issue and gave an entry to Infertility treatment. The develo...
Leave to Bleed: The Menstrual Leave Policy Debate
Women and Law

Leave to Bleed: The Menstrual Leave Policy Debate

“Fairness does not mean everyone gets the same. Fairness means everyone gets what they need.”Rick Riordan. Even in the 21st century, a majority of the rapidly progressing society of India shies away at the mention of menstruation commonly referred to as ‘Periods’. Despite having a Sex Ratio at 108.176, i.e., 108.176 males per 100 females in 2020[1], only 12-20% of women have access to sanitary pads while remaining women use unhygienic items. As India develops, there has been a trend of decline in the rates of women in the workforce. Although this indicates a higher trend in women pursuing higher education, it is pertinent to note that increasing women’s labour force participation by ten percentage points could add $770 billion to India’s GDP by 2025.[2]  Amid a plethora of issues ...
Sex Workers In India: A Socio-Legal Perspective
Women and Law

Sex Workers In India: A Socio-Legal Perspective

1. Introduction: Prostitution or sex work is most often euphemistically stated as the worlds oldest profession. In a colloquial sense, it probably would have not originated as a profession per se rather it would have begun as a way which man used to satisfy his sexual needs. However, it got commercialised and have acquired a shape of contemporary slavery, gender discrimination, a reflection of male supremacy, misogyny and a patriarchal society. Albeit the grounds such as westernisation and active sex culture for the rise in prostitution, social stigma is attached. Though it is because of the voluntary interest of women due to financial constraints and personal interest that they get into this profession, there are multiple havoc caused to the women indulging in such activities as they ...
Baby Manji Case Analysis and Surrogacy in India
Women and Law

Baby Manji Case Analysis and Surrogacy in India

1. Introduction For several years since its inception in India, commercial surrogacy has been considered a taboo, a social wrong and a practice to be ashamed of. It is quite hard to imagine the birth of babies, a concept considered sacred and holding a strong emotional connect, as a subject matter of commercial activity. Feminist arguments against surrogacy as the objectification of a woman’s womb and the religious arguments against surrogacy as it being unethical and noxious to age-old customs have long persisted in the political debate surrounding surrogacy. Commercial Surrogacy or “wombs for rent” still continued to be a growing business in India. It has been popularly described as the “baby booming practice” or “parenthood by proxy” by critics.[1] India is currently the no.1 hub fo...