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Showing posts from April, 2026

Marital Rape and the Debate on Criminalization in India

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This Blog is Written by Sushmita Jha, 3rd Year, BBA LLB, SOA National Institute of Law (SNIL), Bhubaneswar. Introduction: Understanding the Concept of Marital Rape Hey, so what is marital rape basically? It's basically a husband has non consensual sex with his wife. In most modern legal systems in the world, this is treated as rape since getting married doesn't automatically take away a person's right to say "no." But in India the law is still a mess on this-there's such a loophole that allows a husband to get away with it, if the wife is above a certain age and they are legally married. That exception has led to huge debates among law scholars, activists and even everyday folks. The debate around criminalisation of marital rape raises complex questions about constitutional rights, gender justice, societal norms and what marriage is all about. Supporters of criminalising it have said the exception breaches fundamental rights such as equality, dignity and bodil...

Same-Sex Marriage and LGBTQ+ Rights After the Supreme Court Verdict

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This Blog is Written by Manishamayee Nath, 2nd Year, BA LLB, SOA National Institute of Law (SNIL), Bhubaneswar. The Background of the Debate on Same-Sex Marriage in India The need for legal inclusion to same sex marriage in India is a crucial component of the larger storytelling of equality and dignity for the LBGTQ+ folks. Over the last 10 years, Indian constitutional law positioned a big leap on sexual orientation and gender identity, and courts have been cracking down on discrimination more and more. These changes provided a strong foundation to argue whether same-sex couples should be given legal status of marriage. Marriage in India isn't just about stuffing the culture-is loaded like inheritance, adoption, taxes, succession, medical consent and other civil rights. Heterosexual couples receive the legal structure to protect their relationship and entitlement to rights and benefits. But same-sex couples have long been left out, since the old marriage laws were drafted with a ma...

Artificial Intelligence and Legal Liability

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This Blog is Written by K Tanmaya Patra, 2nd Year, BBA LLB, SOA National Institute of Law (SNIL), Bhubaneswar. The Artificial Intelligence and Legal Liability Artificial Intelligence (AI) has turned out to be one of the most powerful contributions to technology of the modern world. Its applications are common in different fields including healthcare, finance, transportation, education and even law services. Through AI, it is possible to consider large amounts of data, identify patterns and make decisions that involve minimum intervention of a human. Although these developments have made many processes to be quicker and efficient, they evoke various legal issues. Among the most problematic, the establishment of legal liability in case an AI system creates harm, makes a wrong choice, or inflicts financial or physical damage can be noted. Artificial intelligence is typically understood as a machine or computer software capable of executing tasks typically done by human intelligence. These...

Regulation of Online Gambling and Betting in India

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This Blog is Written by Saurabh Yadav, 2nd Year, BA LLB, Faculty of Law, University of Lucknow. The Progression of Online Gambling During the Modern Era I've seen the effect of how internet connectivity and smartphones are exploding at such a rapid rate that many areas of the Indian economy are turned inside out, especially in entertainment and gaming. Online gambling and betting platforms are now really super popular. Fantasy sports, poker, rummy, sports gambling and casino-style games are all just clicks away on websites and mobile apps. These platforms attract millions of users because they're easy, simple, real-life action and even promise you cash. As digital payments become easier, more people are jumping on these activities throughout the country. But all that hype comes with this whole slew of legal headaches. Traditionally, India's gambling laws were drafted long ago during the colonial era and on real venues. Those laws aren't set up to handle states and natio...

Immigration and Crime in India: A Critical Criminological and Data Assessment

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This Blog is Written by Mansi Pal, 3rd Year, BA LLB, JIMS EMTEC, GGSIPU. Introduction The issue of crime and immigration has been a sensitive and polarized topic in the public discourse, especially in the topic of cross-border migration, discussion often framed as the view of national security, demographic change, and social instability. Political rhetoric and some media narratives reinforce this perception many times that migrants are disproportionately involved in crime (Cohen, S. Folk devils and moral panics. Routledge., 1972). But these claims are only based on the examples of selective incidents or anecdotal evidence, not on the analysis of comprehensive empirical data. (Lee, M. T., & Martinez, R, 2009) But there is a country like India in socially and economically diverse country, it becomes necessary that these assertions must be tested based on systematic data and criminological theory. India has a complex migration landscape. These historical movements, economic necess...

Application of Facial Recognition Technology: Utility or Constitutional Violation

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This Blog is Written by Arihant Chatterjee, BBA LLB, Sister Nivedita University, Kolkata. Introduction A system designed to automatically identify or verify a person through his/her facial features is called facial recognition technology (FRT). It is based on the principles of the use of computer vision and AI to map and analyse a person's facial features to produce a digitized version of that person for comparison. While biometric technologies like fingerprints are common at this time, FRT is gaining widespread acceptance because the technology can operate without the person's knowledge. In facial recognition technology, a camera takes a picture of or records a video of a person's face. The computer measures distances between facial features (i.e., the distance between eyes, shape of the nose, curve of the lips, etc.) and creates a unique facial print. This facial print can then be compared with other facial prints stored in the database of the facial recognition technolog...

Fanfiction vs Copyright: Creativity or Infringement?

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This Blog is Written by Priya Gupta, 2nd year, BA LLB, Guru Gobind Singh Indraprastha University, Delhi. Introduction What happens when fans rewrite Harry Potter or Marvel stories online? Is it creativity—or copyright infringement? The concept of fan fiction is a part of participatory culture in which readers enhance the fictional universe with creative reinterpretation. This is a space where creative imagination transcends the boundaries of the original work. Fan fiction is a creative piece of writing in which a new narrative is created based on popular media. However, while fan fiction is thriving in the creative sphere, it is also a complex issue in the context of intellectual property rights under copyright law. The question is how to achieve a balance between original intellectual property rights and creative participatory work. This blog explores the balance between creativity and copyright infringement, focusing on fan fiction as a unique case. It highlights how fan fiction navi...

Dr. Jaya Thakur v. Union of India and Others

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This Blog is Written by Yashwee Shaw, BA LLB, Sister Nivedita University, Kolkata. Right to Menstrual Health as a Fundamental Right Under Article 21 This is one of the most recent and important judgments given by the Supreme Court of India on 30 January 2026. The case is about something very normal in life but often ignored in society. It deals with menstruation and the problems girls and women face because of lack of proper facilities and support. For many years, ‘menstruation was treated as a private matter.’ People felt shy talking about it. In many homes and schools, it was surrounded by silence and taboos. Because of this, serious issues related to menstrual health were never properly addressed. This case changed that situation in a big way. The Situation Before the Judgment Before this judgment, the condition of menstrual hygiene in many parts of India was very poor. Many girls did not have access to sanitary pads. Some families could not afford them. Some girls used unsafe mater...