Issue 1

1. Criminalization of Marital Rape in India

By Samparan Gupta

From Symbiosis Law School, Hyderabad

In the article entitled “CRIMINALISATION OF MARITAL RAPE IN INDIA”, the author will analyze the current condition of laws in the country regarding the offense of marital rape. The legal system of India has not yet considered marital rape as a criminal offense and getting married is considered as a form of consent given by the married women to their legal husbands to force them to involve in sexual/physical intercourse with them. This Short article analyses the current situation of Marital Rape followed by the Interference of the Judiciary to resolve the conundrum of Marital Rape in Indian Society. The Author has also used Data from the Various Indexed & reports to support his research findings in this Article.

2. A Critique on Radha Kanta Pal vs United Bank of India Ltd. [AIR 1955]

By Anurag Mondal

From National University of Juridical Sciences, Kolkata

This is a case of fidelity bond which means guarantying the performance of the debtor. This is related to Section 129 of the Indian Contract Act of 1872. This is a case of continuing guarantee where the performance of the employee who is employed is guaranteed. We could find a semblance in the fact scenario of this case with section 129 Illustration (a). In this case, we saw Rajani Kanta Pal now represented by Radha Janta Pal had guaranteed the performance of Nishi Kanta Pal and thus he had executed a bond as a surety. The matter of debate was whether United bank is entitled to the sum of Rs. 8,800 from the proceeds of the securities deposited with Comilla Banking Corporation Ltd. as well as from the outstanding balance from the provident fund of the second defendant Nishi Kanta Pal? And thus, this suit was filed before this hon’ble court.

3. Law as Means to Justice: The Right to Property

By Priya Sharma

From National Law University, Odisha

Law has various aims. One of them is the establishment or restoration of justice in society. The primary institution that delivers justice in society by upholding the law is the judicial system or judiciary. This paper discusses property rights, as a constitutional right, through the lens of justice. It begins with a brief discussion of law and justice (the relationship between them) and a brief history of the right to property in India. Thereafter, it discusses how justice is delivered through the constitutional provision of the right to property. Then, it discusses the right to property and its interpretation by the judiciary through time, focusing on the era after the removal of the right to property from the list of fundamental rights. At last, it discusses the shortcomings and ambiguities in the judicial interpretation of this right and how this affects the marginalized sections. It concludes with suggestions about how this void can be filled and a better system of interpretation can be created.

4. Analysis of Sexual Abuse of Children: An Indian Perspective

By Ishanvi Sehrawat

From Symbiosis Law School, Hyderabad

In the article, the author will discuss the reasons and consequences of child sexual abuse in the country, in addition to the current laws regarding the same. There are an estimated 42 million adult survivors of sexual abuse. One out of every ten minors is subjected to sexual abuse. There are various types of child sexual abuse, and they aren’t all physical. Sexual abuse refers to any sexual act between an adult and a child, or between two minors, where one individual has authority over the other. Exhibitionism, exposure to pornography, and voyeurism are examples of non-contact sexual abuse. Children can be sexually abused in a multitude of places and environments, including communities, schools, families, youth sports environments, as well as online, through youth pornography or sexual conversation over the phone or the internet.

5. Truancy of Refugee policy in India: Its Administration & Legality

By Rupesh Dutta

From Law Centre 1, Faculty of Law, University of Delhi

This article highlights the spine-chilling situational crisis India has started to witness in terms of the internal disturbances caused by the influx of refugees within its territory which is largely due to the absence of any concrete Refugee policy to regulate the inflow and existence of such population so that it does not trigger any type of geographical, demographical and ethnic clashes in the nation. The article narrows down the reasons as in why even if the lawmakers do not prioritize bringing up concrete legislation over it, there is still an urgent need to have a legal system where the problems occurring out of the refugee influx can be dissected for the remedial measure to prevent the nation from witnessing what a slew of European nations have undergone over a decade due to the rise in refugees from Africa and central Asian nations after the Arab upspring. The tip of administrative and legal problems in India over the matter can be better understood with the 2019 violence and protest within the country over the Citizenship Amendment Act (CAA) and lately the Myanmar coup followed by the brutal violence that has caused a lot of its citizens to escape to India to seek asylum, a matter on which India’s Union government and several Northeastern states bordering Myanmar have locked horns over polices and granting asylum. All such matters can strictly be dealt with a comprehensive coherent refugee policy.

6. Well-Off Men & The ‘Unfortunate’ Environment

By Adv. Shishira Pathak

From Practicing Advocate, Patna

Man has detached himself from the environment since the advent of ‘The industrial revolution’. The “revolution” was fundamentally based on the fleecing and victimization of the Environment and human surroundings. Industries flourished and the human population and settlements grew without having a thought for the precious environment; it is evident from the loss of natural forests. The early industrialists and tycoons were blinded by the glitter coming from the currency coins they minted. They were not able to see that by cutting down the forests to make way for industries and their establishments they were undoing the work of nature. Nature through the medium of trees sequestered or fixed carbons through the decades in the form of starch. The industrialists cut down trees to make papers and packaging materials, though biodegradable but still amounted to clearing of trees.

7. Drawing Parallels between Morality and Conflicts in the context of Russia-Ukraine War

By Piyush Raj & Souniya Dhuldhoya

From Gujarat National Law University, Gandhinagar

In war, what is ethically right and wrong? Despite decades of study into moral psychology and intergroup conflict psychology, it is commonly believed that social psychology still falls short on this topic. It is, nonetheless, a crucial issue since the conclusion will affect military activities, public policy, and international law. As a result, we analyze the current scenario of the Russian-Ukraine conflict, morality of war, combining the strengths of philosophical just-war theory with experimental methodologies and concepts established expressly for the psychological study of morality.