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Surrogacy, a method of assisted reproduction where a woman agrees to carry and give birth to a child for another person or couple, has been a topic of intense debate and discussion in India. Over the years, India became a global hub for surrogacy, particularly commercial surrogacy, due to its relatively low costs, advanced medical facilities, and the availability of willing surrogate mothers. However, the rise of commercial surrogacy also brought with it numerous ethical, legal, and social challenges, leading to the enactment of the Surrogacy (Regulation) Act, 2021. This Act marks a significant shift in India’s approach to surrogacy,…

The Armed Forces (Special Powers) Act (AFSPA) of 1958 is one of the most controversial laws in India’s legal framework. Enacted to maintain public order in “disturbed areas,” it grants extraordinary powers to the Indian Armed Forces, allowing them to operate with a degree of autonomy that is unparalleled in most democratic nations. The act has been both lauded for its role in maintaining national security and condemned for alleged human rights violations. This blog explores the origins, provisions, implications, and controversies surrounding AFSPA, shedding light on its impact on India’s security and democratic principles. Origins and Rationale Behind AFSPA…

The Terrorist and Disruptive Activities (Prevention) Act, commonly referred to as TADA, was one of India’s most controversial pieces of legislation. Enacted in 1985 in response to rising terrorist activities, particularly in Punjab and Jammu & Kashmir, the TADA Act was meant to give law enforcement agencies extraordinary powers to combat terrorism. However, over its 10-year life span, TADA became synonymous with human rights abuses, misuse by law enforcement, and a larger debate on the balance between national security and individual freedoms. The Background of TADA India in the early 1980s was grappling with escalating insurgencies, particularly in Punjab, where…

The Protection of Children from Sexual Offences (POCSO) Act, 2012 was enacted in India to address the growing concern over sexual abuse and exploitation of children. This landmark legislation, which came into effect on November 14, 2012, aims to protect children from offences of sexual assault, sexual harassment, and pornography, and provide for the establishment of Special Courts for the trial of such offences. As India recently celebrated a decade since the enactment of the POCSO Act, it is essential to review its impact, challenges, and the way forward. Key Features of the POCSO Act Impact of the POCSO Act…

Rape is a heinous crime that not only violates the physical integrity of individuals but also inflicts profound psychological trauma. Across the globe, legal frameworks surrounding rape are evolving in response to societal demands for justice and victim protection. However, despite advancements, many laws remain inadequate, and the implementation of these laws often falls short. This blog explores the current state of rape laws, particularly in India, and offers suggestions for improvement. Current Legal Framework In India, the legal definition of rape is primarily governed by Sections 375 and 376 of the Indian Penal Code (IPC). The law defines rape…

India’s 78th Independence Day, celebrated on August 15, 2024, is a momentous occasion that marks the anniversary of the country’s liberation from British rule in 1947. This day is not only a celebration of freedom but also a time for reflection on the struggles and sacrifices made by countless individuals who fought for the nation’s independence. The significance of this day is deeply rooted in the history of India and continues to resonate with every citizen today. Historical Background The struggle for independence was a long and arduous journey that spanned nearly two centuries. The British colonization of India began…

Introduction In democratic countries like India, maintaining transparency and accountability in governance is crucial for the sustenance of democracy. One of the mechanisms to ensure such transparency is through parliamentary committees. Among these, the Joint Parliamentary Committee (JPC) stands out as a powerful instrument in the Indian Parliament. The JPC is constituted to investigate specific issues of national importance, usually related to financial scandals or significant policy matters. It plays a pivotal role in scrutinizing government actions, holding it accountable, and ensuring that the interests of the public are safeguarded. What is a Joint Parliamentary Committee (JPC)? A Joint Parliamentary…

The Waqf Act, 1995 is a significant piece of legislation in India that governs the administration and management of waqf properties. This Act replaced the earlier Waqf Act of 1954, aiming to provide a more structured and effective framework for the management of waqf properties, which are Islamic endowments dedicated to charitable or religious purposes. This blog will delve into the essential provisions, historical context, significance, controversies, and the current state of the Waqf Act, 1995. Historical Context The concept of waqf has deep roots in Islamic tradition, where it refers to the dedication of property for religious or charitable…

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, commonly referred to as the SC/ST Act, is a landmark legislation in India aimed at preventing atrocities against marginalized communities, specifically Scheduled Castes (SC) and Scheduled Tribes (ST). Enacted on September 11, 1989, and coming into force on January 30, 1990, this Act was a response to the persistent discrimination and violence faced by these communities, which had been inadequately addressed by existing laws. Historical Context The roots of caste-based discrimination in India can be traced back centuries, with the caste system deeply embedded in social structures. Members of…

The Places of Worship (Special Provisions) Act, 1991, is a significant piece of legislation in India aimed at maintaining religious harmony and preserving the status of places of worship. Enacted on July 11, 1991, the Act prohibits the conversion of any place of worship and ensures that the religious character of such places remains unchanged from what it was on August 15, 1947. This law was introduced during a period of heightened communal tensions, particularly surrounding the Ayodhya dispute, which involved the contested Ram Janmabhoomi-Babri Masjid site. Objectives of the Act The primary objectives of the Places of Worship Act…