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...

DOCTRINE OF BASIC STRUCTURE Fundamental Structure as an idea developed from rights law adjusted to normal law hypothesis. Indian law got this idea to stem official overextend. Notwithstanding, purposely or not, the idea was constantly kept dubious. Judiciary had once in a while endeavored to get control over the idea of essential structure which was to be the last defense against an over possessive assembly. This article endeavors to discover a connection between the ideas of normal law and fundamental structure-both unchanging and sacred. I would additionally break down the patterns of Indian Supreme Court and endeavor to devise a working test for fundamental structure. INTRODUCTION Indian Constitution charges the Parliament with capacity to make laws inside its locale. This power incorporates the ability to change existing laws. In any case, this power isn't total in nature. The Constitution gives the intensity of Judicial review to the Indian Judiciary whereby it h...