This article addresses the systemic devaluation of women's unpaid care work, which is essential for the functioning of families and the economy. A 2023 UN report indicates that globally, women spend 2.8 more hours than men on unpaid care. In India, the lack of a legal framework to recognize this labor persists, although judicial interventions like the Madras High Court's ruling in 2023 have begun to acknowledge a wife's contribution to family assets. The authors advocate for structural changes, including social security credits for unpaid care and a reconfiguration of gendered social relations to ensure women's full participation in the formal economy.
- Unpaid care work, including childcare and elder care, remains largely unacknowledged in national budgets and policy frameworks despite its critical economic role.
- The 'breadwinner' model of employment prioritizes formal labor, leading to the diversion of public resources away from social infrastructure like childcare.
- The Madras High Court recently ruled that a wife's domestic work entitles her to an equal share in property acquired during the marriage, recognizing her indirect contribution.
Despite stringent laws, acid attacks remain a significant social issue in India. According to National Crime Records Bureau (NCRB) data, 207 cases were reported in 2023, an increase from previous years. West Bengal, Uttar Pradesh, and Gujarat are the worst-affected states. The conviction rate remains alarmingly low, with only 16 convictions out of hundreds of pending cases in 2023. Challenges include societal stigma, family pressure, and judicial delays. Survivors advocate for a comprehensive ban on acid sales and better implementation of the Justice J.S. Verma Committee's recommendations for rehabilitation.
- Acid attacks are often motivated by personal relationship issues, including revenge for rejected advances.
- Section 124 of the Bharatiya Nyaya Sanhita mandates a minimum of 10 years imprisonment for acid attacks.
- The Supreme Court mandated the regulation of acid sales in 2013, but implementation remains poor.
The Aravalli Hills face threats from 'strategic exemptions' that bypass environmental scrutiny for mining critical minerals. While the Supreme Court has sought to define 'Aravalli Hills' and 'Aravalli Range' to restrict mining, the government often uses executive discretion for 'national defence' or 'strategic considerations.' The 2023 amendment to the Forest (Conservation) Act has further widened exemptions. This creates a conflict between India's climate commitments and industrial demand for minerals like lithium and rare-earth elements. Experts argue for a transparent framework to arbitrate these conflicts, ensuring sustainable development and protection of the Aravallis' vital ecosystem services.
- The Aravalli Hills are crucial for groundwater recharge and preventing desertification, but face pressure from illegal mining and urban expansion.
- Recent legal battles focus on defining the geographical extent of the Aravallis to enforce mining prohibitions.
- The Forest (Conservation) Amendment Act, 2023, provides broad exemptions for 'strategic' and 'security-related' projects.
In Samiullah vs State of Bihar, the Supreme Court clarified that the registration of a transfer deed is distinct from establishing a conclusive title or ownership. The Court struck down Bihar's rules that allowed registration authorities to refuse deeds based on lack of mutation proof, calling it 'arbitrary.' The article also discusses the potential of blockchain technology to reform land administration. By creating a decentralized, immutable ledger of transactions, blockchain could provide a transparent and tamper-proof record of land history, reducing disputes and administrative corruption in India's complex land governance system.
- The Supreme Court ruled that registration of a deed does not automatically confer a conclusive title of ownership.
- Registration authorities cannot refuse to register a deed based on the absence of mutation documents or 'jamabandi'.
- Land governance in India is often described as 'traumatic' due to fragmented records and unsynchronized administrative domains.
This article critiques the current legal framework for motor accident compensation in India, which often values lives based on earning capacity. It highlights that the 'multiplier method' used by tribunals can lead to lower compensation for homemakers, children, and informal workers compared to high-earning professionals. The author argues this violates Article 14 (Equality) and Article 21 (Right to Life with Dignity) of the Constitution. A proposed solution is a 'dignity floor'—a universal baseline payment for all victims, supplemented by income-linked additions to ensure fairness and social justice in the legal system.
- Current compensation models often discriminate against non-earning individuals like homemakers and children by using 'notional income'.
- The 'multiplier method' calculates compensation based on the victim's annual income, age, and fixed standard categories.
- The author argues that valuing life solely on income violates the constitutional promise of equality under Article 14.
The Supreme Court is considering the validity of talaq-e-hasan, a practice where a husband divorces his wife over three months. The article argues that the Quran does not grant men superior status to unilaterally dissolve marriage. Instead, it views marriage as a 'solemn covenant' between equals. The Quranic procedure for divorce involves four distinct conciliatory steps, including arbitration, before a final divorce is pronounced. The author contends that all forms of unilateral divorce, including talaq-e-bid’a and talaq-e-hasan, lack Quranic support and should be struck down to ensure gender justice and constitutional equality.
- The Quran uses terms like 'uqdatan-nikah' and 'meesaaqan ghaleezan' to describe marriage as a contract between equals.
- The prescribed Quranic divorce process requires attempts at resolution, temporary separation, and arbitration from both families.
- Unilateral divorce practices are often based on later sectarian traditions rather than the Quran or Hadith.
The Supreme Court has put its November 20 decision on hold, which had upheld the government's restrictive definition of the Aravalli Range. This definition limited protection to hills over 100 meters high or clusters within 500 meters of each other. Environmentalists argued this would exclude thousands of hills, leading to unregulated mining and ecological degradation. The Court has now proposed a high-powered committee to conduct a scientific evaluation of the environmental impacts. It emphasized that the definition must ensure the 'ecological integrity' of the range, which acts as a barrier against the Thar desert's expansion and mitigates pollution in cities like Delhi.
- The court stayed the implementation of the restrictive definition to prevent irreversible ecological damage during ongoing proceedings.
- A new expert panel will analyze the possibility of adverse consequences from 'sustainable mining' in newly demarcated areas.
- The Aravalli Range is critical as a green barrier against the eastward expansion of the Thar desert and helps mitigate pollution in Delhi.
The West Bengal police have registered a 'Zero FIR' at the Suti police station concerning the murder of a migrant worker in Sambalpur, Odisha. The victim, a 19-year-old from Jangipur, was allegedly killed by a local group on suspicion of being Bangladeshi. A Zero FIR allows a police station to register a complaint regardless of the jurisdiction where the crime occurred, which is then transferred to the appropriate station. Chief Minister Mamata Banerjee highlighted the incident as a case of oppression against migrant workers, and a police team has been dispatched to Odisha to investigate the matter.
- A Zero FIR can be filed at any police station irrespective of the place of incident to ensure immediate investigation.
- The case involves the killing of a West Bengal migrant worker in Sambalpur, Odisha, allegedly over linguistic identity.
- Six persons have been arrested so far in connection with the incident by local authorities.
The Supreme Court of India is scheduled to hear a suo motu case regarding the definition of the Aravalli Hills and Range. This judicial intervention follows concerns that a narrow definition could facilitate unregulated mining and cause severe ecological damage. Previously, the court accepted a definition from the Ministry of Environment, Forest and Climate Change, which identifies 'Aravalli Hills' as landforms with an elevation of 100 meters or more above local relief. An 'Aravalli Range' is defined as a collection of two or more such hills within 500 meters of each other. The court aims to identify permissible mining areas while strictly protecting restoration priority zones.
- The Supreme Court is taking suo motu cognizance to prevent ecological harm from unbridled mining in the Aravalli region.
- The Ministry of Environment defines Aravalli Hills based on a minimum elevation of 100 meters above local relief.
- The Aravalli Range is categorized as a cluster of hills located within 500 meters of one another.
The Union government has struggled to provide a uniform technical definition of the Aravalli hills, a critical ecological range spanning four states. Despite multiple committees and a year of effort, the Centre's proposed definition only protects areas above 100 meters from mining, leaving vast stretches vulnerable. The Supreme Court has threatened contempt proceedings, emphasizing the need for a definition that balances ecological conservation with economic growth. The conflict involves differing views from the Forest Survey of India (FSI) and the Geological Survey of India (GSI) on using slope and relief as criteria for definition.
- The Aravalli range is an ancient mountain system extending from Delhi to Gujarat, primarily located in Rajasthan, Haryana, and Gujarat.
- The 2019 National Mineral Policy encourages the mining of critical minerals, creating a conflict with the need for ecological preservation.
- A technical sub-committee suggested defining 'hills' based on slope and relief, but consensus remains elusive across different terrains.
Air pollution in Delhi-NCR is a complex issue driven primarily by vehicular emissions and seasonal stubble burning. The article discusses the 'Polluter Pays Principle' (PPP), which mandates that those who damage the environment must bear the cost of restoration. However, in India, there is a shift toward a 'government-pays principle,' where the state bears the cost of monitoring and mitigation. The trans-boundary nature of PM2.5 pollution necessitates international cooperation, as seen in conventions like CLRTAP. The judiciary plays an activist role, but challenges remain in quantifying damages and enforcing liability on non-point sources.
- The Supreme Court recognized the Polluter Pays Principle as part of Indian law in the Vellore Citizens Welfare Forum vs Union of India (1996) case.
- PM2.5 is recognized as a long-range trans-boundary air pollutant, requiring regional cooperation beyond local administrative boundaries.
- The Standley judgment by the European Court of Justice emphasizes proportionality, suggesting farmers cannot be solely liable for seasonal pollution.
The Union Environment Ministry has issued orders to Haryana, Rajasthan, and Gujarat to strictly enforce Supreme Court directions regarding mining in the Aravalli ranges. This follows concerns that vast tracts could be opened for mining before a management plan is finalized. The Indian Council of Forestry Research and Education (ICFRE) has been tasked with preparing a Management Plan for Sustainable Mining (MPSM). A key point of contention is the definition of the Aravalli range, with an expert committee suggesting a criterion of '100 metres above local relief,' which critics argue could exclude 92% of the hills from protection.
- The Supreme Court prohibited fresh mining leases in the Aravalli region until a Sustainable Mining Management Plan is in place.
- The ICFRE is responsible for identifying permissible and ecologically sensitive areas within the landscape.
- Existing mines are allowed to operate only if they strictly comply with environmental norms.
Amidst rising pollution in the National Capital Region, legal experts emphasize the 'Right to a Healthy Environment' as an integral part of the Right to Life under Article 21. While the Constitution didn't originally include environmental protection, judicial interpretations of Articles 48A (Directive Principles) and 51A(g) (Fundamental Duties) have established this right. Key legal doctrines like the 'Precautionary Principle,' 'Polluter Pays Principle,' and 'Public Trust Doctrine' (M.C. Mehta v. Kamal Nath) form the bedrock of environmental jurisprudence in India. Recent judgments also link climate change mitigation to the right to equality (Article 14).
- The Right to a Healthy Environment is recognized as a fundamental right under Article 21 of the Constitution.
- Articles 48A and 51A(g) provide the constitutional basis for the state's duty to protect the environment.
- The 'Public Trust Doctrine' establishes the state as a trustee of natural resources for the benefit of the people.
The Right to Disconnect Bill, introduced as a private member's bill, seeks to address the blurring lines between work and personal life in the digital age. It proposes that employees have the right to ignore work-related communication outside prescribed working hours. The bill draws inspiration from European jurisdictions like France and Germany. However, critics point out ambiguities regarding the definition of 'work' in a digital economy and how it integrates with existing labor codes like the Occupational Safety, Health and Working Conditions Code, 2020. It also touches upon Article 21 (Right to Life and Liberty).
- The bill proposes a legal right for employees to disconnect from work communications after prescribed hours.
- It is linked to the constitutional right to individual autonomy and the Right to Life under Article 21.
- Current Indian labor laws lack a clear definition of 'work' in the context of a digital economy.
A Supreme Court Bench has reframed Corporate Social Responsibility (CSR) as an enforceable constitutional and legal obligation rather than a discretionary act. The judgment links CSR to Article 51A(g) of the Constitution, stating that corporations, as legal persons, share the duty to protect the environment. This ruling strengthens the legal basis for demanding corporate financing for projects to recover species endangered by corporate activities, specifically the Great Indian Bustard. The Court's order aims to balance renewable energy infrastructure development with the protection of critical habitats through the undergrounding of power lines.
- CSR is now viewed as an enforceable constitutional obligation under Article 51A(g) rather than charity.
- The ruling specifically addresses the protection of the Great Indian Bustard from power infrastructure risks.
- Corporations are recognized as legal persons with shared duties toward environmental protection measures.
The Union Home Ministry has revised guidelines for the 'Support to Poor Prisoners' scheme, launched in 2023, to address inadequate implementation by States. The scheme provides financial assistance to indigent prisoners unable to pay court-imposed fines or bail sureties. The new framework mandates fixed timelines and involves senior officials, including a District-level Empowered Committee. While the scheme aims to reduce prison overcrowding and alleviate hardships, it excludes those accused of heinous crimes, terrorism, or offences under specific acts like PMLA and UAPA. Financial assistance of up to ₹25,000 can be sanctioned per case.
- The 'Support to Poor Prisoners' scheme provides financial aid for fines and bail to indigent inmates.
- A District-level Empowered Committee, including the District Collector and a Judge, oversees the approval process.
- The scheme excludes prisoners accused of heinous crimes, rape, human trafficking, or terrorism.
The Supreme Court of India has ruled that Corporate Social Responsibility (CSR) inherently includes environmental responsibility. Interpreting Article 51A(g) of the Constitution, the Court held that corporations, as legal persons, have a fundamental duty to protect and improve the natural environment. The judgment, delivered in a case concerning the Great Indian Bustard, emphasizes that CSR is a constitutional obligation rather than a voluntary act of charity. Consequently, companies operating near sensitive habitats must prioritize conservation efforts and adhere to the 'polluter pays' principle. This ruling mandates that CSR funds be directed toward both in-situ and ex-situ conservation to prevent species extinction.
- The Supreme Court linked Corporate Social Responsibility (CSR) to the fundamental duty under Article 51A(g).
- Corporations are now legally recognized as having a duty to protect forests, lakes, rivers, and wildlife.
- The ruling specifies that CSR funds should be directed toward in-situ and ex-situ conservation of endangered species.
The Supreme Court is considering a plea for passive euthanasia for a 31-year-old man, Harish Rana, who has been in a comatose state for 13 years. The court has requested a meeting with the parents to understand their perspective on withdrawing artificial life support. This follows a report from a secondary medical board led by AIIMS doctors. The case highlights the legal and ethical complexities surrounding the 'right to die with dignity' in India, following the landmark Common Cause judgment that legalized passive euthanasia under strict guidelines.
- The Supreme Court is reviewing a specific plea to withdraw life support for a patient in a long-term vegetative state.
- Passive euthanasia involves the withdrawal of medical treatment or life support with the intention of hastening death.
- The court relies on medical board reports to determine if a patient has any chance of recovery.
The Rajya Sabha passed the Sabka Bima Sabki Raksha (Amendment of Insurance Laws) Bill, which allows 100% Foreign Direct Investment (FDI) in the insurance sector. Finance Minister Nirmala Sitharaman stated that this move would attract more foreign capital, especially where domestic joint venture partners are unavailable. The Bill also allows for the merger of non-insurance and insurance companies and mandates data collection in compliance with the Digital Personal Data Protection Act. Additionally, the House passed the Repealing and Amending Bill, which annuls 71 obsolete laws, including the Indian Tramways Act, 1886, to improve the ease of doing business.
- The Bill increases the FDI limit in the insurance sector from the previous cap to 100%.
- It aims to increase insurance penetration and competition, potentially lowering premiums for consumers.
- The legislation allows for the merger of different types of insurance entities (life and non-life).
The Overseas Mobility (Facilitation and Welfare) Bill, 2025, intended to upgrade the 1983 Emigration Act, is facing criticism for prioritizing bureaucratic efficiency over worker rights. Critics argue the Bill removes enforceable rights and fails to address human trafficking or the specific vulnerabilities of women migrants. It replaces the 2021 draft's vision of holding recruitment agencies accountable with a more deregulated framework. The Bill is seen as centralizing power in Delhi, sidelining migrant-sending states like Kerala and Bihar, and lacking provisions for the reintegration of returning workers, potentially leaving them vulnerable to exploitation.
- The Bill replaces the Emigration Act of 1983 but is criticized as a 'Trojan horse of deregulation.'
- It removes many of the legal safeguards for migrant workers that were proposed in the 2021 draft Bill.
- The legislation centralizes control, potentially ignoring the specific needs and experiences of major migrant-sending states.
The Supreme Court is debating the creation of independent bodies to regulate online content, but legal experts warn this may infringe upon the separation of powers. Under Article 19(2) of the Constitution, free speech can only be restricted on specific grounds like national security or public order. The article argues that the Court lacks the technical expertise for regulation and should avoid 'judicial lawmaking.' It highlights international trends, such as the EU's Digital Services Act, and warns that excessive regulation by the judiciary could inadvertently stifle democratic dissent and transform democracies into autocracies.
- Article 19(2) provides the only constitutional grounds for restricting free speech, and the Court cannot add new categories.
- The judiciary faces institutional barriers, including a lack of technical expertise, when attempting to regulate online media.
- Pre-censorship of media must be avoided at all costs, as established in the Sahara India Real Estate Corp. Ltd. case.
The Supreme Court recently set aside a Patna High Court order that allowed an involuntary narco test, reaffirming that such tests are unconstitutional without informed consent. The ruling emphasizes that forced tests violate Article 20(3) of the Constitution, which protects against self-incrimination, and Article 21, which guarantees the right to privacy and personal liberty. While a person may volunteer for a test as part of their defense, the court maintained that any information obtained without free consent cannot be used as evidence, upholding the 'Golden Triangle' of Articles 14, 19, and 21. The ruling follows the precedent set in the Selvi case.
- Narco tests involve administering substances like Sodium Pentothal to lower a subject's inhibitions.
- The Selvi v. State of Karnataka (2010) guidelines established that involuntary tests are a breach of fundamental rights.
- The court clarified that even if a test is voluntary, it must be conducted with medical and legal safeguards.
The Department for Promotion of Industry and Internal Trade (DPIIT) is planning to amend the Copyright Act, 1957, to address challenges posed by Artificial Intelligence. A key proposal is a 'blanket licensing' framework, where AI firms would pay royalties to content publishers through a copyright society after commercializing their models. This aims to resolve tensions between AI developers who scrape internet data and publishers seeking compensation. However, tech industry bodies like Nasscom have expressed concerns, particularly regarding the burden of proof for copyright infringement in the age of generative AI. The proposal suggests a hybrid model for copyright jurisprudence.
- The proposed framework would allow AI developers to scrape content while ensuring eventual payment to publishers.
- A new copyright society, the 'Copyright Royalties Collective for AI Training' (CRCAT), would manage royalty distribution.
- Publishers argue they should have the right to opt out of data sharing for AI training.
The article discusses the controversy surrounding the Madras High Court Collegium's recommendation of judges. It highlights a specific instance where Justice Nisha Banu, a senior judge, was bypassed for a 'Collegium judge' position in favor of a junior judge, Justice M.S. Ramesh. The State government has sought clarification on the legal authority and procedural consistency of this decision. This situation underscores the ongoing debate over the lack of transparency, nepotism, and the need for reforms in the Collegium system to maintain judicial independence and public trust. The article argues that silence is not an option when structural integrity is at stake.
- The Collegium system for appointing High Court judges is a creation of judicial precedent, not a statute.
- The Memorandum of Procedure (MoP) dictates that the Chief Justice and two senior-most judges should form the Collegium.
- Deviations from established seniority and procedural norms can lead to a constitutional crisis between the judiciary and the state.