Tag: Fundamental Rights

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In Protecting the Few, Are We Punishing the Free? The Unintended Consequences of Changed Marriage Registration Rules in Uttar Pradesh

In this article, the authors delve into the repercussions of the revised Marriage Rules implemented in the state of Uttar Pradesh. They underscore that while the initial objective was to mitigate the prevalence of fraudulent marriages and prevent underage marriages, the interim orders have inadvertently exacerbated the difficulties faced by runaway couples. Moreover, these orders infringe upon their fundamental rights enshrined in Articles 14, 21, and 19 (a) and (c). They further propose a shift towards rights-based measures that will align the framework with the Constitutional principles. Continue reading In Protecting the Few, Are We Punishing the Free? The Unintended Consequences of Changed Marriage Registration Rules in Uttar Pradesh

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Constitutional Law

Fundamental Rights on Road

In this article, the author examines the judicial evolution of the fundamental right to road, tracing its transformation from anti-discrimination access to a broader conception encompassing safety and accessibility under Article 21. By analysing cases across the Supreme Court and High Courts, the author highlights the risks of rights expansionism, where administrative failures are increasingly constitutionalised. The article proposes the doctrine of constitutional avoidance as a pragmatic approach to balance administrative efficacy with fundamental rights, ensuring that infrastructural issues are addressed without overstretching the constitutional framework. Continue reading Fundamental Rights on Road

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Constitutional Law

From Commodity to Fundamental Right: Is Denial of Access to Electricity a Violation of Article 21?

In this article, the author examines the critical role of electricity in modern life and its evolving recognition as a Fundamental Right under the Indian Constitution. It explores the legislative and judicial developments that have transformed electricity from a taxable commodity to an essential service, culminating in its acknowledgment as a basic necessity under the Right to Shelter and Right to Life (Article 21). Through an analysis of key statutes and landmark judgments, the author argues for a rights-based approach to electricity access, emphasizing its indispensability in ensuring equal opportunities, socio-economic development, and a dignified standard of living for all citizens. Continue reading From Commodity to Fundamental Right: Is Denial of Access to Electricity a Violation of Article 21?

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Privacy

Equity & Privacy- A Delicate Balance

In this article, the author Isabel Roy aims to critique the concept of privacy against a feminist background. In Indian society, privacy, discretion, and personal space are notions that are supposedly borrowed from Western ideologies. The paper argues that though privacy embraces autonomy and non-interference, the nature of privacy caters to the experiences and margins created for and by a specific gender group and has a disproportionate effect on the rest of the population. It also explores the idea of gender equity to be inculcated within the concept of privacy as an appropriate solution. Continue reading Equity & Privacy- A Delicate Balance

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labour law

Working Hours And The New Labour Code: The Need To Reconsider

In this article, the authors analyze the codification of the labour codes as has been initiated recently by the labor ministry of the country and the combination of the present legislations into such codes. The codes have been examined on lines of international legislations and conventions prevalent in this regard and compares the same with the provisions of the code as has been envisioned in the codes. The codes also have been analysed on the yardsticks of how well they are fair in terms of the basics of labour laws and the rights of labour that needs to be respected and kept intact while drafting the codes. Continue reading Working Hours And The New Labour Code: The Need To Reconsider

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