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RLC Law Review Blog

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Latest Posts

Mar 10, 2024

CRIMINALISATION OF MARITAL RAPE UNDER INDIAN PENAL CODE

Mohammed Affan Ahmad

The abstract delves into the multifaceted issue of marital rape within the context of India's legal system and societal norms. It examines the exemption of spouses from the definition of rape in the Indian Penal Code, scrutinizing the absence of rationale behind Exception 2 and its implications. The profound psychological and health repercussions of marital rape, including PTSD, depression, physical trauma, and reproductive health consequences, underscore the urgent need for comprehensive legal reforms and societal awareness. The abstract also outlines arguments both for and against the criminalization of marital rape, highlighting the complexities of balancing marital sanctity, individual autonomy, and combating gender-based violence.

Mar 10, 2024

ARUNA RAMCHANDRA SHANBAUG VS UNION OF INDIA AND ORS: NAVIGATING THE COMPLEXITIES OF PASSIVE EUTHANASIA IN INDIA

Zumrah Shaikh

Aruna Shanbaug vs Union of India is a landmark case that highlighted the complexities of euthanasia and discussed the right to die with dignity in India. The court affirmed the illegality of both suicide and active euthanasia. The petition filed by Ms. Pinki Virani to end Aruna’s life was rejected and KEM hospital was declared as an appropriate surrogate. Aruna passed away in 2015 by succumbing to death naturally. The court allowed passive euthanasia under strict guidelines and defined who can act as the surrogate during absence of the patient's autonomy. It also posed a question on deletion of Section 309 of IPC and sparked several debates regarding the laws and the ethical and religious values surrounding end-of-life dilemmas. This article also discusses how euthanasia impedes scientific development.

Mar 12, 2024

VEIL UNVEILED: UNDERSTANDING THE PRINCIPLE OF PIERCING THE CORPORATE VEIL IN THE INDIAN CONTEXT

Sakshi Raman

India, currently the fifth-largest economy globally is poised to make its way up to the third position by 2030 according to the reports of S&P Global. The boomed economy is experiencing a surge in the incorporation of companies. However, amid this growth, there has been a concerning rise in cases involving scams, fraud and wrongful acts perpetrated by companies for the benefit of their investors and promoters or to gain unrealistic profits. The corporate personality of the company makes it accountable for all the actions carried out in its name, while the owners or members who were, in reality, behind such actions enjoy immunity under the company’s name. Thus, to address such misconduct, courts rely on the principle of “lifting the corporate veil” to initiate legal proceedings against the actual perpetrators. This article explores this significant legal principle utilized by the courts to unveil the true actors behind such misdeeds.

Mar 10, 2024

ABORTION LAWS IN INDIA IN LIGHT OF THE MEDICAL TERMINATION OF PREGNANCY ACT AND ITS RECENT DEVELOPMENT IN ITS INTERPRETATION

Sadaf Shaikh

A woman's right to control her body and make reproductive choices is essential, forming the foundation of her rights to equality, and privacy. Progressive abortion laws not only reflect but also contribute to the broader movement towards gender equality and the empowerment of women. This article provides a legal analysis of women's reproductive autonomy in India, examining the degree to which this autonomy is protected. It delves into the historical and legislative developments, including amendments and how they have been interpreted recently. Through case study analyses and identification of challenges, this article pinpoints gaps in the current abortion law, thereby contributing to the ongoing discourse on reproductive rights.

Mar 10, 2024

ENVIRONMENTAL LAW AND CLIMATE CHANGE:LEGAL STRATEGIES FOR A SUSTAINABLE FUTURE

Ayesha Khan

Sustainable development – development that does not destroy or undermine the ecological, economic, or social basis on which continued development depends - is the only viable pathway to a more secure and hopeful future for the rich and poor alike – Maurice Strong As climate change impacts become increasingly severe, adaptation strategies are crucial for enhancing resilience. This article examines the intersection of Environmental law and climate change, exploring legal strategies essential for fostering sustainability in the face of global environmental challenges. Additionally, it highlights the role of regulatory mechanisms, international agreements, and judicial interventions in addressing environmental degradation and advancing sustainability objectives. Furthermore, it discusses emerging trends in environmental law, such as the precautionary principle, the polluter pays principles, ecocentric laws, and corporate responsibilities, emphasizing the need for innovative legal solutions to achieve a sustainable future. Keywords: Environmental regulations, Climate crises, Sustainable development, Judicial intervention.