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Showing posts from June, 2023

The Elephant in the Room

The Past The buzz surrounding the Uniform Civil Code (UCC) did not start recently but has a long history dating back to the colonial era. Initially, the purpose of the UCC was to bring uniformity to penal laws rather than personal laws. However, views on the applicability and functionality of the UCC have changed since independence, giving rise to numerous questions. Many scholars believed that in a pluralistic country like India, implementing a UCC would be impractical. Throughout history, whenever a discussion on the UCC arose, the government tended to push it through without extensive deliberation. Another concern related to the UCC was whether it should be included in Part III or Part IV of the Constitution. Ultimately, it was decided that the UCC should fall under the Directive Principles of State Policy and not under fundamental rights. The word “Uniform Civil Code” is clearly included in Part IV, Article 44 of the Indian Constitution. The Shah Bano case, filed in 1985, raise...

Redefining India's Economic Landscape: The Hidden Powerhouses of the Unorganized Sector

Introduction In the realm of entrepreneurship, we often associate success with big corporations, the stock market, and corporate giants. However, hiding in the shadows is a thriving, untapped force of entrepreneurship in India's unorganised sector. In this article I will discuss about the sector's enormous potential and effect, while defying preconceived assumptions of marginalization and informality.  The Unorganized Sector: A Business Powerhouse Contrary to popular belief, the unorganized sector plays a pivotal role in driving India's economy forward. It accounts for a staggering 50% of the country's GDP and provides employment opportunities to over 90% of the workforce. But that's not all. When we compare the metrics of business performance, the unorganized sector often leaves its organized counterparts in the dust. The reality is much bigger than a common man could ever imagine. Return on Investment per Square Foot: Imagine this; payment businesses in the unorga...

Decoding Myth and Law: Bombay High Court's Verdict on Sex Selection Propagation

Introduction : The Bombay High Court recently addressed a batch of petitions challenging the quashing of an order by an Additional Sessions Judge under the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (PCPNDT Act). The case involved a Kirtankar, a public speaker, who allegedly propagated techniques for conceiving a male child during a religious discourse. The court examined whether the statements made constituted an offense under the PCPNDT Act and determined that the communication in the religious discourse qualified as an advertisement. This blog explores the court's ruling and its implications for the trial. Background : The respondent, a Kirtankar with influence in rural and semi-urban areas, addressed a gathering where he shared extracts from religious and Ayurvedic books, claiming they provided techniques for conceiving a male child. He asserted that sexual relations on even dates would result in a male child, while odd dates wou...

Why Caste-Based Reservation Is Still Needed in India

Introduction   You think the age of reservations based on caste should be over in India. That casteism is a relic of the past and in today's modern society, reservations do more harm than good by promoting divisions and unfair advantages. You couldn't be more wrong. The caste system is alive and well in India, even if it's often politely ignored in public discourse. Inter-caste marriage is still rare. Systemic discrimination and the economic and social legacy of caste are realities that still shape life outcomes. For those in lower castes, an inferiority complex is ingrained from an early age. Until the caste system is truly dismantled, and its effects reversed, reservations are still needed to promote equal opportunity and representation. To argue otherwise is to ignore the stark inequities still at play in Indian society. The age of caste may not be over, but the age of willful blindness should be. The Realities of Caste Inequality in India The caste system is still deepl...

From Bias to Balance: The Urgency of Gender-Neutral Laws in India

Introduction In the journey towards achieving true gender equality, it is essential to recognize the pressing need for gender-neutral laws. Although there has been improvement in many areas, there are still major gender inequalities in the Indian judicial system. We can create a more equitable society where the rights and opportunities of every person are safeguarded and valued by supporting gender-neutral laws. Challenging the Status Quo Historically, legal frameworks in India have disproportionately favored men, perpetuating gender disparities. For instance, alimony and maintenance are frequently awarded to women under divorce rules, presuming that they are financially reliant. However, this ignores the fact that men may occasionally face disadvantages, which can have unfair effects.  Equal Protection for All  Gender-neutral laws would guarantee that people are treated properly, regardless of their gender, upending long-standing social norms. Laws that are gender-neutral wou...