SHATAXI AMICUS LEX

Indian criminal law, despite its constitutional ideals, continues to harbour significant loopholes. Over the years, various reforms have been introduced to address these shortcomings, yet  marital rape  remains one of the most glaring issues left unaddressed. It is a tragic reflection of our societal and legislative structure that  non-consensual sex between a husband and wife is still not recognized as rape  under Indian law. Statistically, only  one in three men admits  to having raped their wife, and reportedly,  an Indian woman is raped by her husband every three seconds . This appalling data calls into question the very essence of justice under our legal system, which, to date, does not criminalize rape by a husband. The Legal Framework: Section 375 IPC and Its Exception Section 375 of the Indian Penal Code (IPC) defines rape and criminalizes all forms of non-consensual sexual acts committed against a woman. However,  Exception 2 to Secti...

The  Outer Space Treaty , adopted in  1967 , marked a turning point in the intersection of science, technology, and international law. Celebrating its  30th anniversary in 1997 , the treaty laid the groundwork for the governance of activities related to the exploration and use of  outer space, including the Moon and other celestial bodies . The adoption of this treaty introduced a transformative legal framework, symbolizing a pivotal moment in the harmonization of space exploration with principles of international law. Charter of Space Law: The Magna Carta of Outer Space The  Outer Space Treaty of 1967  is widely regarded as the  cornerstone of international space law . It has rightly been described as the  "Magna Carta"  of space jurisprudence. This treaty established a set of  fundamental legal principles that form the backbone of all subsequent international instruments governing space activities. Following the  Declaration of ...

Judicial dexterity  is not solely confined to judges and courts—it significantly relies on the proper application of general laws and legal doctrines. To truly understand the scope of judicial prudence, one must comprehend the  functioning of courts  and the  implementation of appropriate legal principles . Doctrine of Res Sub Judice The term  “sub judice”  is derived from Latin, meaning  “under judgment.”  It implies that a matter is currently under consideration by a court. The  doctrine of res sub judice  is codified under  Section 10 of the Civil Procedure Code, 1908 (CPC) . The doctrine effectively provides for the  stay of a suit  where the matter is already pending adjudication. Thus, a party may seek to prevent the trial of a second suit based on this principle. Purpose of the Doctrine The rationale behind this provision is to  prevent courts of concurrent jurisdiction  from simultaneously trying t...