Imagine if a grandmother who has nurtured her grandson to a mature man in eight years of uninterrupted commitment, only to be confronted by a habeas corpus petition by his biological father, who wants to be given custody. This situation depicts the increasing difficulty of the Indian family law in which de facto guardians, or those who have been...
Introduction Custodial violence is one of the darkest stains on India’s democratic fabric, with the very institutions that were established to secure the citizens being used against them. Torture, beatings, and even death are the order of the day in the police lock-ups and judicial custody, usually written off as suicides or natural causes. These silent screams behind bars...
AbstractConsent forms the cornerstone of independence and legal responsibility in sexual offence cases. Contemporary criminal law progressively acknowledges that consent goes beyond verbal confirmation to encompass a willing, knowledgeable and ongoing assent. Confusions, about consent within close and imbalanced relationships frequently lead to coercion being wrongly seen as consent. Through the introduction of the Bharatiya Nyaya Sanhita, 2023 Indian...
The Indian criminal justice system operates on the fundamental presumption of ‘innocent until proven guilty’, stressing that bail, not jail, should be the guiding principle for those awaiting trial. But, this ideal is heavily compromised by the established practice of monetary bail and demanding surety bonds. This system creates a social economic division between those with financial means gain...
Imagine that you have been living in your target country for years. You have created a family and put up your roots there. And now you want permanent citizenship. However, your complex background of a past DUI, visa overstay, or a health condition puts up an obstacleto approval. It usually appears that immigration applications are simple. They seem easy...
For many years, immigration law hardly featured in the top choices of law students planning their careers. Most were drawn instead to fields like criminal litigation, corporate transactions, constitutional practice, or arbitration. Yet if we look closely at how people, businesses, and economies move today, immigration law quietly sits at the crossroads of all of them. The modern world’s...
The rising divorce rates has sparked an urgent debate for legalizing prenups in India . The Indian Institution of marriage historically and legally regarded as a sacrament rather than a mere contract and is facing a major shift . As there is a rapid increase in modern society due to dual income families, high net worth individuals, late marriages...