Contours On Changing Personal Laws in India

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PARADIGMS OF ADR RELATED TO FAMILY DISPUTES

Dispute Resolution Mechanisms have changed a lot throughout the years as a result of corporate
business & family disputes. The current legal process is time-consuming and expensive. Now a
days the judiciary is overburdened. According to National Judicial Data Grid (NJDG), a system
that records information about cases that are pending and resolved in all districts and taluka
courts across the nation. Due to a significant backlog of 4.15 crore cases (3.06 crore criminal
cases and 1.08 crore civil cases) in various district courts or subordinate courts, there are
currently 47 million cases waiting throughout various courts in the nation. Of these, 59 lakh
cases, 17 lakh criminal cases and 42 lakh civil cases are still pending before the High Courts, and
another 70,000 cases are pending before the Hon. Apex Court.
In cases of marriage and family conflict, where the outcome affects not only the couples
involved but also the future of their children .Families can clash over a variety of different
things, including domestic disputes, the restoration of conjugal rights, the dissolution of
marriage, concerns involving testamentary and intestate property, child custody, divorce and
separation, maintenance and eldercare, and more. Disputes can also take on a variety of shapes,
including verbal, psychological, financial, sexual, and violent ones.
ADR has been shown to be helpful in most of the situations. It offers a calm procedure and a
win-win outcome for the parties. All types of disputes, including those involving the workplace,
families, businesses, and corporations, can be resolved through ADR.
This paper will concentrate specifically on family related disputes, particularly that part where
through ADR disputes can be resolved .Arbitration and mediation are the two most popular
conflict settlement methods nowadays. They each have their own advantages and disadvantages,
but one thing they all share is the ability to settle disputes more quickly than through litigation.
This paper will concentrate on the different methods of ADR and how it will help to resolve
family disputes.

Keywords: Mediation, arbitration, dispute resolution mechanism

NEHA SINGH
Conceptualizing Individual Autonomy and Marital Rights for Same-Sex Couples in India

Personal laws are governed mainly by religious scriptures; since they are related, any variations
initiated by the parliament or judiciary are hair-triggering. There are numerous concerns
revolving around personal laws and its implication in the present era concerning individual
autonomy. One such concern is the individual autonomy of same-sex couples and their marital
rights, such as the right to adoption, succession, maintenance, and divorce, among others. It has
been a couple of years since the Supreme Court of India recognized and legalized the consensual
sex between same-sex couples in the case of Navtej Singh Johar & Ors. v. Union of India. But
the rate of acceptance of these couples to live a dignified life in a society is low to none because
of the lack of proper rule implementation mechanism. Also, same-sex couples often have to
migrate to foreign countries recognizing same-sex marriages to get married and get a legal status
of their relationship. The paper will discuss the fundamental rights and the contradicting values
vis-a-vis the personal laws concerning the recognition of same-sex couples. The paper will
further deal with the loopholes in the current personal laws and suggest frameworks/guidelines to
include the different aspects of the marital rights of same-sex couples in the existing legal
framework of India.

Keywords: Personal Laws, Individual Autonomy, Same-sex Couples, Marital Rights.


Shashikant Saurav
COPARCENARY RIGHTS OF THE DAUGHTERS

Women's rights in Hindu Undivided Families in regard to property have always been subject
to question. The author of this paper has covered the aspect of notional partition and rights of
coparcenary in property which should be the same for both son and daughter. The author has
covered the difference in the position of law pre and post-amendment of the Hindu Succession
Act,
1956 covering a wide array which was brought by the 2005 amendment act by giving the right to
daughter in coparcenary property. The paper even includes how the judiciary has played a
remarkable role in addressing the concern regarding gender equality and the fundamental
rights of women to hold property. The author has traced the history and presented 5 cases that
have played a remarkable role in establishing the role of women's rights in coparcenary
property. It becomes important to understand that there should be no discrimination based on
gender in the right of inheritance which a person gets by birth or adoption and this has been the
approach followed by the judiciary to establish the modern-day need. However, in the entire
pandora box, some questions raise doubt which the author has presented in the form of
recommendations for which answers are yet to be determined.
Key Words: Gender equality, Fundamental Rights, Coparcenary, notional partition,
inheritance.

Prakhar Dubey
ADR in Family Dispute Resolution: Paradigm Shift in Family Courts

Over the last two decades, the judicial system has seen a paradigmatic shift in the nature of
family dispute resolution, particularly those involving children. As a result of this paradigm shift,
the conventional adjudication model has given way to a comprehensive, progressive, and multi-
disciplinary family conflict resolution approach.
Litigation does not always have a favorable outcome. It is both time and money consuming. Its
combative approach does not change the viewpoints of the parties, which leads to dissatisfaction.
Alternative dispute resolution options not only save money and time, but also preserve the
parties' relationships by fostering dialogue and cooperation. ADR Mediation, for example, aids
parties in understanding their own needs and wants, as well as the needs and wants of others. The
Family Courts Act of 1984 and the Civil Procedure Code both include mediation/conciliation
(ADR) as a method of resolving family disputes. The Hindu Marriage Act and the Legal Services
Authorities Act of 1987 both acknowledge and grant special status to Lok Adalats, which have
shown to be quite potent in settling family issues. The Family Courts Act was designed to
promote conciliation and speed up the resolution of conflicts concerning marital and family
difficulties, as well as other connected issues.
The object of this research paper is to highlight the importance of Alternative Dispute Resolution
(ADR) as one of the most effective approaches in family dispute resolution. The research also
scrutinizes the components of the paradigm change in family conflict resolution and investigates
the potential and problems it presents for families, children, and the legal system.

Key-words: alternate dispute resolution, Code of civil law, Family dispute, Family law,
Mediation.

Samruddhi Gandhi
Role of ADR in Family Dispute Settlement

From the beginning of this world, the family has been considered the most important unit of our
society, especially in India. It is the family which helps in the functioning of other institutions of
society.
But over time, Indian society has been witnessing situations of family conflict. Sometimes the
situation gets so worst that it leads to the breakdown of sacraments like marriage and family.
Most people these days see the family court and litigation as the best tool to end their
relationships. The family courts which should be the last resort for ending family disputes have,
unfortunately, are becoming the most preferred institution for ending disputes. Due to increase in
the number of litigations every day, these family courts are over-flooded, and it is becoming
tough for the judges to resolve the matter.
So, a different and modern technique of resolving disputes has been embraced and more and
more focus is put on the technique of Alternative Dispute Resolution. In most cases, the
Mediation and Arbitration technique has been proven best to end the family dispute, it also
includes conciliation. The best part of ADR is that it is successful in most cases because the
motive of resolving family disputes is not finding who won or lost the case but bringing about a
settlement acceptable to both parties. ADR has also been able to achieve the essential aspect of
justice that both parties should be given justice and ADR has presented this glimpse.

Sejal Bansal

Pranav Bajaj
Felony of Marital Rape: A Socio-Legal Study

Marriage is the sacrosanct bond between husband and wife; but it becomes challenging when
conflicts prevail in such relationships. A grihastha or the husband is supposed to be the protector
and provider for his wife, and it becomes painful and devastating when the perpetrator is the
husband himself. In matrimonial relationship, the concept of woman as possessed and man as
possessor can be traced from the roots of history which in some way encourage the notion of
marital rape in India. It is one of the disgraceful offences in a matrimonial relationship where
consent is a debated concept as it is believed to be always mutual between spouses. The power
relations contextualise the act of committing rape which are very critical as the matrimonial bond
provide conjugal rights to the husband. However, what is misconstrued here is, wife being an
individual possesses rights which are guaranteed under the Constitution of India. Therefore, the
husband cannot escape from prosecution of rape on the pretext that ‘consent’ of the wife is
already given through matrimonial relations. The objective of this article is to analyse the
structures and substances of marital rape in Indian scenario and study jurisprudentially the ideas
attached with it. Further, this article discusses about the liberal and radical feminist views of
consent to sex. Lastly, the researcher also pens down the notion of justice in relation with
criminalization of marital rape in India.
Dr. Debasree Debnath
The evolving ADR Mechanism in developing Nations Resulting on Speedy disposal of family
disputes - A way forward

For centuries, the idea of resolving disputes without relying on traditional court systems has been
widely accepted in India. The Alternative Dispute Resolution system, which is still in use today,
has been an integral part of Indian culture since antiquity. Over time, processes, customs, and
lifestyles have all evolved, and this system is no exception.
Alternative Dispute Resolution (ADR) plays a major role in family dispute settlement,
particularly in developing nations. It is an efficient, cost-effective and less adversarial process
which enables parties to resolve their disputes in an amicable manner. ADR is an alternative to
traditional litigation and can be used to resolve a wide range of family disputes including
divorce, property, inheritance, and custody matters. It is much less formal than litigation and
provides a forum for the parties to discuss their issues openly without the need for a court
hearing. This process can help preserve relationships and heal the wounds of conflict. The Indian
legal system has developed to accommodate different religions. Alternative Dispute Resolution
(ADR) processes are increasingly used due to their advantages, such as lower time and cost,
easier procedures and better communication. ADR mechanisms like negotiation and conciliation
play a major role in settling family disputes, saving energy, time and money of those involved.
This article discusses the importance of such methods in resolving family law disputes, looking
at the relevant provisions of personal laws and cases.
Key-words: Alternative Dispute Resolution, developing nation, Indian family legal system,
customs, personal laws
D Akshay kumar
Emergence and Relevance of ADR in Family Disputes.

The Indian judiciary continues to stay overburdened with the abundant number of pending cases.
Along this, the past decades have witnessed an exponential increase in the number of family
disputes that have reached the courtrooms. This combined with the unique and sensitive nature
of family disputes with respect to other types of disputes, espouses the pertinence of alternative
dispute resolution (ADR) mechanisms. The legislative acts and the judiciary have incessantly
stressed on the need of amicable participation of the disputing parties in family related matters.
For instance- The Hindu Marriage Act 1885, the Code of Civil Procedure 1908, and the Family
Courts Act 1984, have provisions that emphasize on the judges’ role in reconciliation. This has
been further reinforced by judges via the aid of case precedents, that shall be further discussed in
this paper.

Mediation is gaining significant momentum and data indicates that from the year 2011-2015,
80% of the family related disputes were referred to mediation by the courts. The argument in
favour of ADR is further augmented while keeping cognizance of the troublesome factors of
litigation, especially in the realm of family disputes, where matters of personal relationships and
children have to be dealt with. This paper aims to explore the emergence and increasing
relevance of ADR mechanisms for family disputes and provide an in-depth comparative analysis
of the current situation and trajectory of these disputes in ADR and court settings. While further
attempting to identify the weaknesses of ADR mechanisms and how can they be countered.

Bhavyl Bansal
Priyanshu Goyal
Understanding The Roots and Fruits of Alternative Family Dispute Resolution

It is a well-known myth that God created the first human as a combination of both man and
woman. In India, this primitive model of a human was known as the divine Ardhanarishwar, i.e.,
half male and half female. But, as centuries passed, this concept of Ardhanarishwar weathered
down, with the male and female energies separated to continue as two halves of a whole. This
concept is still prevalent in contemporary India where people meet each other with the intention
of reuniting, through marriage, with their lost half, beginning the fundamental unit of Indian
culture, a family. However, often, family disputes arise owing to dynamic psychological
skirmishes among the people involved. The Indian family culture has always promoted resolving
these disputes through diplomatic ways rather than resorting to airing humiliating private details
in a court of law. Despite this, modern India portrays a different scenery regarding the resolution
of family disputes. The aggrieved tend to resort to a winner takes all war in courts, and even if
they opt for alternative methods, such as mediation, the existing infrastructure and people’s lack
of intention to settle amicably render these methods ineffective. What happens to the family
subjected to the harsh reality of a legal battle? The family suffers through it all, and ultimately
when everything is over, there is little of the initial love among the family left to salvage. Thus,
this paper aims to analyse the current status of alternative dispute resolution in India of family
matters and suggest ways and reasons as to why there is a need to step up the “ADR for family”
mechanism owing to the very nature of and stakes involved in a family dispute.
Anisha Pandey
Tanya Bansal
Assisted Reproductive Technology and Coparcenary Rights under Hindu Personal Laws

In today's era, technological innovations are visible in every field. And so it is in the health
sector. The Assisted Reproductive Technology (herein referred to as ART) has provided a means
to infertile couples to have children. But the legitimacy of such children comes into question.
Legitimacy attaches with itself various rights. One such right is the coparcenary right under the
Hindu personal laws.
This research paper intends to deal with such questions of legitimacy of children born out of
ART and their coparcener status under Hindu personal laws. The paper at first examines who is a
coparcener under the Hindu personal laws as well as some recent judicial and legislative
measures taken in the direction of evolving of coparcenary definition in the Hindu personal laws.
It then discusses in detail the ART and its types and further analyzes the legitimacy and laws
governing ART. The paper then discusses whether the coparcenary rights of children born out of
ART are the same as the children born naturally. At last, the researcher finds some lacunas in the
existing laws dealing with coparcenary status of ART born children. The paper concludes with
some suggestive measures to rectify such lacunas.
Keywords: Assisted Reproductive Technology, Coparcenary rights. Hindu Personal Laws
Legitimacy.

Sejal Raghuwanshi
Role of ADR in Family Dispute Settlement ensuring Speedy Justice

Now a day, family disputes increasing day by day and traditional Courts are burden with heavy
pendency to redress it timely. The family disputes must be viewed with human angle and
sensitivity and to make every effort to bring about reconciliation between them. This article
review the provisions of ADR in ensuring Speedy and timely disposal of family dispute
settlement. The ADR methods employed world over in wide range of conflict situations ranging
from family disputes, marriage matters, etc. Resolving family disputes in time is a one of the
main functiosns of the stable society being fundamental to its peaceful existence. Also, Timely
settlement of family disputes is a need of a day for maintaining social fabric of the society. Thus
ADR system provides a better solution to a family disputes settlement more expeditiously and at
a lessor cost than in traditional Court system of dispute settlement mechanism.

Kailash Kisanrao Chafale


The shaky road from sacred to secular: challenges to enactment of a Uniform Civil Code in India

The all-pervasive omnipresence of religion in the traditional Indian society can perhaps best be
understood in the words of Robert D Baird, who noted, “If life can be likened to a pie, religion is
not one piece of that pie alongside the pieces labeled politics, economics, social structure,
education, and law. Rather, (in India), religion is the fruit found in every piece of the pie.” The
interplay between state, religion and law is embedded deep in our societal framework; from
religious conversions, renouncements to endowments and shrines, all are governed by the law of
the land.
Article 44 of the Constitution mandates the State to endeavor to bring a Uniform Civil Code
(UCC) in the country. While India already has a uniform criminal code applicable throughout the
country, it also has uniform legislations for several civil matters like the Transfer of Property
Act, Indian Contract Act, and many more; why then, has a blueprint of the UCC for personal
laws never been released by the Government? Why has it been kept in cold storage for the last 75
years?
After briefly laying the historical context of UCC in part I of the paper, the challenges to the
enactment of UCC will be elaborated upon in part II of the paper (fear of a majoritarian code,
drafting dilemma due to multiplicity of personal laws, apprehensions of encroachment on
religious freedom, biased media narrative – spread of misinformation, etc.). In part III of the
paper, the way forward will be proposed by the author.

Nandita Gugnani
The way forward with a Uniform Civil Code (Common Civil Code versus Uniform Civil Code)

Article 44 of the Indian Constitution states, “The State shall endeavour to secure for the citizens
a uniform civil code throughout the territory of India”.
Drafted back in 1948 , this provision given in the Constitution, despite having no direct
development toward achieving the goal envisioned by therein, has been perhaps the most
controversial and debated Constitutional provision. Enough has been said about the need,
importance, advantages as well as disadvantages of a UCC. The time has come to analyse why
the UCC has been a disappointed, and to some a disappointing, goal.
Would India benefit from a set of laws applied absolutely uniformly to all, or, is there a need to
preserve the diversity so revered by our nation ? Is there a way to achieve the goals of the UCC,
namely, integrating the nation and bringing positive change in personal laws, through means
which don’t destroy the intricacies of the various customs and traditions prevailing in our nation?

This Paper is a quest to understand whether a Common Civil Code (CCC) as opposed to a UCC
would be the more digestible and appropriate choice for India. The present secular laws in
matters of personal laws and the Goa Civil code will be analysed to find answers to this question.
The possible approaches to a UCC or a CCC as well as the forms it could possibly take will be
looked at.

Veena Hari
Shayara Bano & Ors. v. Union of India: A Blessing in Disguise for Indian Muslim Men

Settling the debate surrounding the practice of instant triple talaq or talaq-ul-biddat, the Supreme
Court of India set the practice aside in the case of Shayara Bano & Ors. v. Union of India & Anr.
The judgement was lauded for resolving the conundrum the Indian legal system was facing with
respect to talaq-ul-biddat, while others saw it as an attack on the Muslim personal law, with their
argument strengthening with the manner in which the Muslim Women (Protection of Rights on
Marriage) Act, 2019, was enacted. An effort has been made in the current academic venture to
revisit the judgment and see how it has been a blessing in disguise for Indian Muslim men. For
this purpose, the authors will discuss the debates within Islamic jurisprudence regarding talaq-ul-
biddat and how they have molded the judicial approach in India. An empirical study will be
conducted among Muslim men to assess their knowledge of Talaq-ul-Sunnat, which are
approved and accepted mode of dissolution of Muslim marriages as opposed to Talaq-ul-biddat.
The research methodology will involve a scheduled interview with Muslim men, where the
respondents will be chosen based on simple random sampling. The authors will attempt to
determine, using data analysis, to what extent the judgment has paved the way for Muslim men
to return to the pristine purity of their religion in terms of modes of dissolution of marriage.

Ahmar Afaq
Sneha P. Mandal
MUSLIM PERSONAL LAWS: EVOLUTION AND ITS SIGNIFICANCE IN THE
CONTEMPRORY SOCIETY

Understanding the personal laws of several religions is crucial in a nation like India with a
significant diaspora. Through immigration seen over the course of history, many different
religions, including Islam, Parsis, and Christianity, have found a home in India. One must be able
to comprehend the nuances of Muslim Personal Laws in the modern day, when discussions
regarding the Union Civil Code are prevalent. This paper aims to enunciate the ideas and
fundamental theories of Muslim Personal Laws. In several Supreme Court rulings over the past
few years, it has been noted that Muslim personal law has been called into question. The general
public still has limited knowledge of these personal laws. Nevertheless, the purpose of this paper
is to analyse how these personal laws have changed over time in relation to the nation's social
change. It strives to analyse current rulings and the fundamental concepts of these legislation. It
also raises the question of whether the resistance to change in these Muslim personal laws has
been seen throughout history or is a more recent development.

Vaishnavi Bhatia
Amisha Lambat
Understanding the Violence against women in the light of changing Family structure.

Families are the roots of all the values-morals that society possesses through which the majority
of society’s actions are driven. Family structures across the world are facing rapid changes with
the evolution of time and other socio-economic changes in the background. Institutes like family
structures are often Center-Point of socio-legal concern of the state and pertinently it becomes
important to understand this shift of family pattern in its face value today as it has been changing
rapidly in the context of Indian society where it’s moving towards the nuclearization of the
households. The Nuclearization of the Family structure is being further marked as one being
more independent, flexible and safe for couples of modern age especially women and the same
remains the popular belief where the majority of general perception remains that Nuclear
families in comparison to Non-Nuclear Families are much safe and better than supposedly
patriarchal joint families of the Indian society for women. But this popular belief seems to be
false when placed against the data which has been collected under the recent National Family
Health Survey-5(NFHS) and other city-specific surveys which on multiple occasions points out
the just opposite of what the popular perception is regarding the Nuclear and non-nuclear
families where the percentage of the crime and violence against the women living in a nuclear
family has been reported more than that of non-nuclear families.

Keywords: Family, Joint, Nuclear, NFHS, Socio-legal, Violence, Women.


Prashant Shivaji Dound
DOMESTIC VIOLENCE AGAINST WOMEN WITHIN THE MATRIMONIAL HOME IN
INDIA, IT'S IMPACT ON THE MENTAL HEALTH OF THE WOMEN AND THE TRENDS
IN THE PRE- AND POST-COVID INDIA

Domestic violence is a gross violation of human rights, in India the issue of domestic violence is
quite prevalent, and it constitutes a huge part of the crimes against women. Domestic violence is
physically, mentally and emotionally disturbing for the women, and causes mental health issues
to women. Domestic violence cases are a cause of concern for the Indian Government and the
COVID-19 induced lockdown has aggravated the situation. The impact of the COVID-19
pandemic on women was unprecedented and worse than before. Home containment as a measure
to protect the health and well-being of the general public has resulted in increased sufferings for
women in terms of both sufferings from diseases and increased domestic violence.
In this research paper the researcher analyses the prevalent legislations relating to Domestic
Violence against women in India, the procedures for filing of complaints, the system of shelter
homes, identifying loopholes in the prevailing legislation if any, suggest some alternative
changes in the prevalent legislations if any. Analyse the changing trends of domestic violence
against women in matrimonial homes in the pre-covid and post-covid India.
KEY WORDS: Domestic Violence, Legislations, Post-Covid, Pre-Covid, Trends.

Parth Prafulla Khubalkar


Marriage: An Institution Under Hindu Law And Its Changing Notions In India

Marriage is a social phenomenon and a universal social institution, an act of alliance between
two people and their families. In India, there are so many different religions and every religion
has its own Personal law to perform its religious rights. Traditionally as per Hindu customs,
marriage creates a foundation between men and women for performing their dharma and
establishing a household. In this paper, an attempt has been made to understand the traditional
concept of marriage as per Hindu laws and how it has evolved, and what changes it brought into
society. The main purpose is to identify the changes in marriage institutions under Hindu law, its
consequence, and their comparison with the changes in other personal laws. There are many new
trends that are emerging in modern India such as gay/lesbian relationships, inter-caste marriage,
change in the age of marriage, live-in relationships, etc, and its judicial aspect. All these changes
modernized the youth as per the western culture but it has impacted the original concept of
marriage and indirectly increased the divorce rate in India. This paper will discuss the impact of
modernization on the institution of marriage and its consequence on families and society, judicial
decision-making, and law enforcement.
Keywords: Institution of Marriage, Personal laws, Hindu Marriage Act, Modernization of
Marriage.

Meghal Panchori
Concept of “Sulh”: Origin of Dispute Resolution for Marital Discord under Muslim Law

Alternate dispute resolution has been growing and being promoted as a concept for every dispute
that we face today. This paper attempts to analyse the concept of “Sulh” (literal meaning:
resolution) as mandated under Islam for marital discords. Marriage under Muslim law is
considered to be a contractual agreement between two parties which not only gives them the
right to enter or terminate it but also to put clauses of resolving disputes through arbitration,
negotiation and mediation. The concept of Sulh is the first and foremost step prescribed under
Quran which needs to be undertaken by the parties before any further action, including
pronunciation of divorce. The paper also attempts to discuss the widely misunderstood origins of
modern ADR and traces back the practice prescribed under Quran and globally accepted by all
Islamic jurists. The authors also aim to examine the practice and concept of Alternative Dispute
Resolution in marital discord among Muslims through the community settlement bodies working
for the same and analysing the practicality in today’s evolved judicial systems, recognising the
importance of such dispute resolutions. The paper will also attempt to demonstrate, through
empirical study, on lack of awareness among the Muslim community about its mandate and
concept. Lastly, the authors will attempt to provide few suggestions on how the Indian judicial
system can inculcate the same values through community settlement bodies among Muslims and
enforcing them as judicial orders, allowing greater access to dispute resolution system to
Muslims facing marital discord.

Lubna Tanweer
Hassana Quadri
Critical Analysis of Section 26 of Hindu Succession Act with respect to Article 14 and Article 25
of Constitution of India

The Hindu Succession Act, 1956 was enacted to codify the intestate succession among Hindus.
Section 26 of the Hindu Succession Act, 1956 disqualifies the descendants of the convert from
inheriting the property of their Hindu relatives, but the Hindu convert is entitled to inherit the
property of his/her ancestor. While the Hindu convert was disqualified to inherit the property in
the ancient Hindu law, the Caste Disabilities Removal Act, 1850 removed the restriction on the
convert. But the descendants of the converts remain disqualified to inherit the property of their
Hindu ancestors. Different treatment between the convert and his descendants violates the Right
to Equality in the Indian Constitution. And the descendants of the convert can inherit the
property of their Hindu relatives if they convert to Hinduism before the succession opens, but
this restricts the freedom of religion of the descendants of the convert. This imposes a condition
for inheriting the ancestral property. This violates the Right to Freedom of Religion of the
Indian Constitution. Under the Indian Succession Act, 1925 the religion of the heirs doesn’t
matter while the religion of the property holder only matters unlike the Hindu Succession Act.
This part of the Indian Succession Act, 1925 could be imparted in the Hindu Succession Act, by
amending the Section 26 of the Hindu Succession Act and Section 2 (1) Explanation (a). This
could serve as a first step in the direction to fulfil the directives given for the state in Article 44
of the Indian Constitution to secure the citizens a Uniform Civil Code which is secular in
character.
Mansi Mankotia
Information Seeking Behavior of Women Law Professionals for Personal Laws: A Study

Adequate knowledge about the information seeking behavior of users is vital for developing
library collections, services and facilities to meet their information needs effectively. The paper's
description involves examining the information use pattern of the women law professionals in
Nagpur city for personal laws. The findings indicate that women practicing lawyers were using a
variety of information sources to satisfy their information needs for the personal laws. The
majority of respondents are using the Internet and e-resources to access information. They
preferred their personal library before resorting to other information providing sources and
agencies. They often found it difficult to find the information they were looking for when using
digital law libraries. This paper discussed the different types of formal and informal sources used
by women law professionals about personal laws, and which type of services rendered by the
library. Also, how to gather the information by law professionals and methods used for seeking
information by law professionals about the personal laws. So, the present study observed that
majority of women law professionals are not aware of e-resources. On the whole, respondents
perceived bar library collections, services and facilities as adequate to meet their information
needs effectively about personal laws.

Dr. Vaishali D. Malode ( Wadnerkar)


STOP DOMESTIC VIOLENCE APPEALED BY ITS UNNOTED VICTIM

When we believe we are all empowered... all of us are educated to a large extent... but when it
comes to domestic violence, its all behind closed doors and nobody wants to talk about it. This
research paper deals with unseen ,unheard and unnoted victim of domestic violence ie. child.
violence against child in domestic sphere or in family is of two types. firstly when child is
abused directly, physically, emotionally, mentally then he become a primary seen and direct
victim of domestic violence.
secondly when the child is likely to more insecure when they tends to look for security in which
they think are safer spaces but could be dangerous choices. domestic abuse or violence by one
spouse with other create a hush-hush feeling in child which nobody likes. this article give an
overview of domestic violence direct effect on eye witness ie. child. very often, the physical
abuse spills over onto the child the abuser is rarely held accountable for mental and emotional
abuse of child, which comes along with it. we talk about prepetrator we also need to think about
secondary victim ,the children in family. in this research paper an attempt to recognize this
public health problem and also an attempt to find out what measures could be act as helping
factor to unnoted victim during and after violence episode.

ANJANA SURYAPRAKASH BOKHARE


UNIFORM CIVIL CODE WITH SPECIAL REFERENCE TO BIGAMY AND POLYGAMY
IN INDIA

Since the dawn of society, marriage has been a recognised institution. The fundamental idea of
marriage is the long-term partnership between a man and a woman, which serves as the core of
the family, the pillar of every community. Marriage is a sacrament and a vital Sanskar for Hindus
according to traditional law, or Sastric law. It forges a sacred union or indissoluble bond between
the husband and wife. Smriti asserts that a husband should be happy with just one wife and only
wed another after the passing of the first. Although bigamy was not permitted, monogamy was
desired. Muslim marriage is an agreement to ratify the offspring. According to Christians,
marriage is a freely chosen connection between a man and a woman that is exclusive of all other
relationships. Thus, communities have different ideas about marriage. There isn't a single law in
India that governs marriage affairs; instead, each person's personal laws, which vary, are in
effect. Following independence, the epoch of social laws took shape, and these laws are changed
and formalised the previous marriage regulations. According to section 494 of the Indian penal
code, bigamy and polygamy is forbidden in India. As per the law, that anybody who marries
someone else when they are already married should be considered to have committed a crime
and should be penalised. This is because the marriage is invalid because it took place while the
couple was still together.

KEYWORDS:MARRIAGE,BIGAMY,POLYGAMY,PERSONAL
LAWS,SANSKAR,SANTRIC,IPC,UCC.

RAMAN PARASHAR
Pre-Marital Counselling: Need of the Hour

The rates of divorce and separation of couples after marriage is ever-increasing. Breakdown and
exhaustion of marriages cause financial and emotional loss as well. One of the effective ways to
strengthen the relationship of couples is through premarital counselling, which helps them to
fully understand the strengths and weaknesses of their relationship. Premarital counselling by
itself may not completely eradicate the problems that might arise in their marital lives, but it will
help them prepare for the challenges that they may face.

There are a myriad of legal issues arising out of couples having a troubled married life.
Premarital counselling can include legal counselling too, similar to how couples can opt for
counselling on religious, customary, and financial aspects of their marriage. Couples may be
confused about their roles and responsibilities. So, the formats of premarital counselling may
vary, but the basic objective remains the same.

This paper has been divided into several parts. Firstly, the basic concept of premarital
counselling has been introduced. Secondly, the various forms of counselling that may be
incorporated in a premarital counselling have been discussed. Thirdly, a brief comparative study
of the existing premarital counselling systems in certain other countries have been examined.
Lastly, considering India’s unique socio-economic and cultural factors, an attempt has been
made to develop a basic guideline for initiating a new system of premarital counselling in India.
This paper may prove to be relevant to the Cabinet’s policy in Goa regarding premarital
counselling, in furtherance to their object of achieving UCC in Goa.

Geetika Rajkumari
Analytical study on ADR's function in resolving family disputes

A collection of persons connected by consanguinity, affinity, or shared domicile is referred to as


a family. Family is seen as a secure haven from the outer world that offers total fulfilment in
today's society. The family is claimed to offer individuals a sense of belonging and foster trust,
allowing them to escape the harsh competition of the industrialised world's dehumanising forces.
When members of the family hold divergent opinions or perspectives that clash then family
conflicts typically arise. Family members frequently misinterpret each other and draw erroneous
judgements as a result of their emotions. Such disputes might lead to arguments and family
disputes. Because the parties to a family disagreement have a close relationship, love, affection,
trust, and bond, it differs from other types of disputes. One of the ideas with a strong foundation
in our Indian tradition of conflict resolution is mediation. The ancient Indian legal systems are
where mediation got its start. If we consider the recent past, old rural India was home to a system
known as "Gram Panchayats" and "Nyaya Panchayats," both of which were widely used. A
neutral third party assists the opposing parties in settling the issue between them by employing
specialised communication and negotiation strategies in mediation, which is a dynamically
structured voluntary dispute resolution process. These methods are then created in a way that
makes it easier to resolve a conflict through mediation and other forms of dispute resolution.
This study paper's goal is to highlight the importance of mediation as one of the best strategies
for resolving family disputes. There has been a paradigm shift in the judicial system about the
nature of family disputes, particularly those involving children within the last two decades. This
paradigm shift has resulted in the replacement of the conventional adjudication model with a
comprehensive, progressive, multidisciplinary family dispute resolution procedure.

Shreshth
Rights and obligations of parties to Surrogacy: A Critical Analysis

This paper focuses on the concept of surrogacy in India. It deals with the rights and obligations
of parties in surrogacy. The paper discusses the current scenario of surrogacy laws in India. It
critically analyzes the current law and gives suggestions for improving it. It critically analyzes
the Surrogacy Regulation Bill, 2019, and the Assistant Reproductive Technology Bill, 2019.
Surrogacy has been practiced in India for years. Even so, there were no statutory provisions
regarding the same. In 2002, commercial surrogacy was legalized, but there was no law in
practice. India became the surrogacy capital. After that, the Surrogacy Regulation Act was
passed in 2016. After the landmark case of Baby Manji in 2008, The law could not be passed in
both houses and was reintroduced again. Currently, the Surrogacy Regulation Bill 2019 is passed
by the Rajya Sabha but not in the Lok Sabha, and the Assistant Reproductive Technology
Regulation Bill is also pending in the Lok Sabha. The draft bill bans commercial surrogacy.
India should allow commercial surrogacy like other countries but regulate its use. Countries like
Ukraine, Russia, and Israel allow commercial surrogacy, prohibit traditional surrogacy, and
allow gestational surrogacy. In India, however, traditional surrogacy is encouraged rather than
commercial surrogacy. ndia should also legalize commercial surrogacy and strictly enforce it.
Also, it should allow gestational surrogacy. The draft bill should also include the rights of single
parents, homosexual couples, foreigners, locals, and couples with fertility.

Vaishnavi Shankar Borlepwar


TITLE – “ASSESSING ISLAMIC LAWS ON SUCCESSION IN ACCORDANCE WITH
EXISTING GENDER DIFFERENCES”
Quoting from the very Quran – “Women have rights similar to that against them in a just
manner.” Prophet Muhammad himself proposed and preached that Muslim Men should treat
their wives and daughters well. As, Muslim Men have rights over their women and women have
those rights over them. Considering that Succession is one of the most sensitive issues and
discussion points within families often leading to ugly discussion, discord and may even give
birth to disbelief against each other.
Personal laws have always been mired with controversies on questions of gender equality.
Muslim personal law, in particular, is thought to worsen gender disparity in India. The ideal
status of a woman as a legal successor mandated in the Qur'an is quite different from the actual
one. Most people are reluctant to grant women these rights, despite the fact that Islam is quite
supportive of a female heir's rights in terms of gaining property. As a result, a woman's
succession rights are frequently neglected, disregarded and drastically altered. The ability to own
property is pre-requisite for integrating women into a nation's economy.
The patriarchal forces in society are simply too powerful, and when combined with the
fundamentalist forces, they silence the voice of women in order to both support the inflated egos
of the males in them and to control property rights. The disparity between this status and Muslim
women's experiences during the time of the Prophet is startling. Early Muslim women had an
active role in many facets of the developing Muslim civilization. They included professional
women, poets, lawyers, reverends, and even soldiers. It is depressing that Muslim women are
still seen as only being capable of taking care of the home, particularly in India. Women's rights
under Muslim Personal law has generated a lot of discussion because of the Sacchar Committee
Report's observation which stated that Muslims in India often have a poor, underdeveloped
social standing and that Muslim societies are often seen as instruments of the repression of
human rights. In India, there is a strong propensity to attribute blame for laws seen as being
incredibly harsh to women in Islam. This paper hence examines concern regarding gender
discrimination in Muslim personal law relating it with property rights.

SHLOKA
Maintaining Harmony Through Mediation in Family Disputes

The objective of law is to maintain the harmony in humane society and to protect the interests of
its subjects. The families are the mirror of society that reflects the nature and temperament of the
society we are living in, hence the harmony in family is important and the roots are lying in
healthy communication between the members of it. Since families are tied up together through
deep sentiments and emotions and the dispute between family members need to be addressed and
handled with a great sense of sensitivity. A good communication not only prevents disputes but
also can resolve family disputes in an amicable way. The changing scenario of society is evident
of the changing the family values and is resulting in the explosion of different family issues
where the family members refuse to restore the communication and tend to resolve their disputes
through the interventions of courts hence the courts are flooded with such disputes and this is
alarming situation for a welfare state. Alternative Dispute resolution, especially Mediation is
becoming very effective tool of dispute resolution in amity. Through this paper, researcher aims
to showcase the importance of mediation process in family disputes taking into account the legal
framework regarding mediation. Also, the acceptability and accountability involved in this
process is being discussed in this paper considering the diversities in the current societal system.
Key words: harmony, family disputes, mediation, communication.

ARJITA DWIVEDI
Functional and Infrastructural requisites for improving the efficacy of Family Courts.

The Family Courts Act 1984 led to the establishment of Family courts (Hereinafter referred to as
FC) in India. However, today there are certain flaws that act as limitations and hence deter the
efficacious functioning of FC. This research focuses on the ‘out of the courtroom’ requirements
that are necessary for FC to function efficaciously. As the aim of FC is to amicably settle
matrimonial disputes, child custody disputes and maintenance related matters and as they are in
essence different from other courts, the approach is different and such approach needs certain
functional and infrastructural requisites. Therefore, this research analyses the need of a separate
dedicated cadre of Judges and marriage counsellors for FC. Lack of trained, well-qualified and
permanent marriage counsellors is another important factor dampening the proper working of
FC. Apart from the courtrooms and bar rooms, a family court needs a children’s complex, a child
care room, vulnerable witness deposition centre for children as they are vulnerable and mostly
are the witness of bitter family disputes and violence. Pre-litigation counselling centre is
important as it plays an important role in keeping the delicate family disputes away from the
trappings of formal legal system thus justifying it’s need. This research thus stresses on the need
of these requisites and explains how these improve the efficacy of Family Courts.

Khushi Subhash Kafre


From Conflict to Resolution: The Role of ADR in Family Disputes

Alternative Dispute Resolution (ADR) is a form of dispute resolution that allows parties to settle
their disputes outside the courtroom. It is a popular method of resolving family disputes in an
informal and less expensive way. ADR is used in family disputes to help parties reach an
agreement that is mutually acceptable. This can include mediation, arbitration, and collaborative
law. ADR can also be used to help families work through issues in a constructive way. It can
provide an avenue for parties to express their feelings and concerns without fear of retribution or
judgment. This can be very helpful in resolving conflicts and coming to a resolution that both
parties can live with.

The purpose of this research paper is to explore the role of Alternative Dispute Resolution
(ADR) in family dispute settlement. This paper will explore the different types of ADR, the
advantages and disadvantages of ADR, and the effectiveness of ADR in settling family disputes.
This paper will also discuss the benefits of ADR in comparison to court-based litigation and the
potential challenges associated with its implementation. Through a review of legal literature,
case studies, and interviews with legal professionals, this paper will provide insight into the role
of ADR in family dispute settlement and its potential to improve access to justice in the family
law context. It is hoped that by exploring the role of ADR in family dispute settlement, this paper
will contribute to the development of more effective and accessible dispute resolution
mechanisms for families.

Shraddha Yadav
Uniform Civil Code: Unfolding the path towards a progressive society

The ball has started rolling pertaining to the discussions regarding implementation and
implication of the Uniform Civil Code. Latterly, there have been lots of discussions and debates
in the assessment, assertion and application on the very contentious issue. The Supreme Court
has stamped the formation of committees set up by Gujrat and Uttarakhand governments for the
enactment of Article 44 under the Indian Constitution.
Dr. B.R. Ambedkar through the Constitution stated that government shall make efforts to ensure
that Uniform Civil Code is prevailed in the country. It will establish a single law in the country
which will be applied to all the religious communities in the personal matters of property,
marriage, inheritance, etc. However, India is a diverse country where people from distinct
communities live together are governed by the respective religious laws. But if all the citizens of
the country are equal, then they should be assured a non-discriminative law eliminating all sorts
of ambiguities. Every law in the country including the civil and criminal law is same for every
individual except for the personal laws. Many states are taking steps towards enactment of the
same. The establishment of such a law will not be a smooth procedure because of the extensive
religious differences. But once done, it will simplify the complex laws for the general public.
The researcher will review the existing notions of legal scholars. The present study uses doctrinal
method and attempts to set itself apart by describing the current legal situation and it opines
about the actions which are to be taken in near future. The paper will analyse the discourse to
subsidize the significance of the Uniform Civil Code.

Siddhi Jakatdar
Satvik Shukla
UNDERSTANDING THE CHANGING CONCEPT OF HINDU MATRIMONIAL HOME IN
21ST-CENTURY INDIA: AN OVERVIEW

A number of norms have changed along with the times. Family as a notion has also undergone
significant alteration. The power structure in families today has undergone some modification,
and these changes have been accompanied by changes in family types, marital households, and
property. These changes are now being researched in family law. However, when it comes to
property rights, Indian women still have fewer rights than men. There are various religions in
India, and as a result, varying property rights requirements based on marital status, financial
situation, etc. No clear or specific reference to the marital residence is made in any laws. The
Hindu Marriage Act of 1955, the Hindu Succession Act of 1956, and the Protection of Women
from Domestic Violence Act of 2005, among others, all deal directly or indirectly with the idea
of the matrimonial home or shared household. Due to the intricacy of the current legal situation,
this idea is also the subject of considerable discussion. In the perspective of Hindu women's
rights and status, this article will attempt to provide a comprehensive picture of the changes to
the married home in 21st-century India. This article will also attempt to examine the challenges
and difficulties associated with introducing the idea of matrimonial property and house into the
framework of the existing family system. As there is a need to define the term "matrimonial
house," it will place emphasis on the need to carefully examine women's rights.

Sapresh Devidas
Vaibhavi Rane
Hindu Adoption and Maintenance Act: Analysis of LGBTQ Adoption Rights

The LGBTQ community in India has been facing prejudice, shame and disgust in Indian society
since time immemorial. Section 377 was used as a tool for harassing and assaulting anybody who
does not fit into the typical dichotomy of gender and sexual orientation. It took over 70 years and
probably two decades of judicial battles to be repealed. It has been four years since homosexual
relationships in India have been decriminalized, but they are still deprived of fundamental human
rights like marriage and adoption, like heterosexual couples. For the LGBTQ community to have
a family life with kids comparable to that of the straight community, equal adoption rights are
required. However, India's adoption regulations are biased against the LGBTQ population and
prevent them from exercising their legal right to adoption. These discriminatory adoption rules
are based on a binary understanding of gender and violate several principles outlined in Articles
14, 15, and 21 of the Indian Constitution. The Hindu Maintenance and Adoption Act of 1956 are
the only personal law in India that deals with the capacity to adopt, be adopted, give for adoption
and other rules and requisites for legal adoption. A plain reading of this act is enough to
understand that it is based on a binary understanding of gender. There is no provision presented
for transgender people in the act, and it does not discuss the rights of homosexual couples to
adopt. The researcher in this research paper will critically analyse the LGBTQ right to adopt in
India within the ambit of the Hindu Maintenance and Adoption Act,1956 and will try to suggest
how this law can be inclusive of the LGBTQ community.

Prutha Veni
Tanushree Patil
ALTERNATIVE DISPUTE REDRESSAL MECHANISM FOR FAMILY PROPERTY
DISPUTES: ISSUES & CHALLENGES

Losing a loved one is distressing, and this can be heightened if there is a family dispute over the
inheritance of a property. Alternative Dispute Resolution (ADR) mechanisms seem a viable
option for timely resolving disputes amongst the family members, especially when the
determination of a legitimate claimant takes years. However, they do not enjoy priority by most
of the families in India. The idea of Litigation still pre-dominates the sphere of redressing
property disputes, which can be attributed to the lack of awareness for ADR and persisting
challenges in the execution part of these redressal mechanisms. While there is generally a
consensus by many families towards arriving at a mutual family settlement agreement in such
instances, there are questions as to enforceability of such agreements, and with regards to the
rights of the Hindu Joint and Undividied family members. Therefore, unfortunately, despite
ADR having the backing of the constitutional mandate under Article 21 of the Indian
Constitution, the right to speedy remedy, at times, appears just a fact of fiction than a
constitutional reality. Through this study, the researcher, who is a student of Law, tries to
annotate the existing issues faced in the application of ADR mechanisms in family property
disputes and its implementation challenges in terms of execution. The researcher will initially
provide with a vivid explanation as to why should families opt for ADR and subsequently
attempt to suggest ways to overcome the aforementioned roadblocks, so that ADR can achieve
its main purpose of cheap and timely resolution of disputes.

Yatharth Chugh
Succession right of tribal daughter in fathers’ property- Touchtone of Customary Practices with
personal laws in Tribal Community

Recently, The Hon’ble Supreme Court in Kamla Neti’s case raised the issue of the application of
the Hindu Succession Act to entitle the share of tribal women in the father’s property. It was also
stated that denying the right to Succession to tribal women would amount to a deprivation of the
right to livelihood under the Constitution of India. Indian Constitution believes in equality and
tribal society is based upon gender equality. Meanwhile, Hindu Succession and Marriage act are
not applicable to tribal because the tribal community is not Hindu. Tribal followed their own
cultural and customary practices which are distinct from Hindu and other societies. To tackle the
issue of equality status in Tribal society, there is a need to take a different approach to deal with
it. Researchers in this article emphasizes customary practices of succession rights under tribals
and their reflection on protecting the succession rights of tribal women. The researcher also
made an attempt to the consequences of the application of the Succession act to scheduled
Tribes. The findings and Suggestions based upon this research are important for the issue that
whether the Hindu Succession Act and Indian Succession are applicable to Indian Scheduled
tribes.
Key Words- Tribal Women, Succession Rights, Customary Practices, applicability, equality.

Prof Kailas P. Vasave


A Contemporary Study of UCC: The Need of UCC in Resolving the Problems Posed by Personal
Laws in India.

India is well-known for its propensity to preserve unity in the face of diversity. This is something
we are proud of, but what about the diversity of applicable laws? Since the first petition, filed in
2019, to establish a Uniform Civil Code (UCC) in order to foster national integration and gender
justice, equality, and the dignity of women, this has been a contentious subject. The Uniform
Civil Code (UCC) envisions a single law that applies to all people of the country in personal
matters such as marriage, divorce, inheritance, custody, and adoption, among others. Article 44
of the Indian Constitution states that the “state shall endeavour to secure for the citizens a
uniform civil code across the territory of India.”
This paper discusses the relationship of the Uniform Civil Code with Secularism and discusses
the implementation of the Uniform Civil Code. The main objective of this research is to have a
critical analysis of impact of uniform civil code on Indian society and also its history and
enactment. This paper examines the necessity for a Uniform Civil Code in India in light of the
variety of personal laws across various ethnicities. Marriage, divorce and inheritance laws in
India vary according to personal laws. There are also certain groups whose customs and
traditions are ignored by legislators and even the courts. The UCC will assist in eliminating all of
the societal ramifications of personal laws. We will also analyse various judgements and the take
of the Indian judiciary towards the Uniform Civil Code.

Shivanshi Sharma
Ayush Dadhich
Criminalization of Marital Rape: WHETHER THREAT TO INSTITUTION OF MARRIAGE

India is known for its reach culture and concept of ‘family’ is one of the robust components of it.
Initially joint family structure was dominant in India, which has been changed with the
globalized concept towards the nuclear family for varied reasons. Marriage is considered sacred
in India, and it is oft quoted ‘marriages are settled in heaven and celebrated on earth’. Marriage
as per Hinduism, Jainism and Buddhism and also in Islam and Christianity, gives right of sexual
relations to spouses apart from legitimacy to the children born out of wedlock which ultimately
govern the succession and rights of inheritance in property. In addition to this due to the
institution of marriage, there comes into existence a family, having stable relations, societal
status and responsibility of nurturing the children. In modern era, an individual strives to have its
own independent identity , on account of its individual achievements on personal as well as
financial fronts. This creates a craving for securing its independent freedom, rights and liberty.
Many times, the urge to have freedom and privacy gets collided with the marital relationships. In
this context the penal provisions governing sexual relations of husband and wife need a relook.
The Indian Penal Code, 1860 is in force since about 162 years and has been amended from time
to time , to adopt to the demanding situations. Section 375(2) specifically states “Sexual
intercourse by a man with his own adult wife is not rape”, which is referred as Marital Rape
Exception (MRE) as it removes marital rape from criminalising it and punishing it. This issue
attracted attention last year when this provision was challenged before the Delhi High Court and
views of the division bench differed and matter was taken up by the Supreme Court, where it is
pending. This is a delicate issue having serious repercussions about the need to protect the
individual liberty of the spouse and the rights of spouses to have sexual relations. In this paper ,
the author tries to analyse the complex issues by dividing this research paper in four parts. Part I
will analyse the concept and importance of Marriage and family in India. Part II will cover
evolution of Law on marital rape in India by considering the penal provisions and other
constitutional aspects and Law commission reports. Part III will cover pros and cons of
criminalisation of marital rape and in the last part, the author will put forward plausible
suggestions in the wake of demanding societal needs.

Dr. Ragini P. Khubalkat


A BATTLE OF REPRODUCTIVE RIGHTS: RIGHT TO TERMINATE PREGNANCY

No woman can call herself free who does not own and control her body. No woman can call herself free
until she can choose consciously whether she will or will not be a mother.

ABSTRACT
The Medical Termination of Pregnancy Act, of 1971 was way forward than its time. Abortion or
termination of pregnancy was never recognized as a right of women. The right to reproduction has
always been at the forefront of legal discussion for many decades. The 50 years old law allowed women
to terminate pregnancy in certain circumstances to certain categories. Recently the act of 1971 was
amended but even the amendment doesn’t see abortion or termination as a right of women. In the
context of the recent amendment and considering the passage of time and advancement in medical
technology the paper explores the extent of the traditionalist and insufficient focus placed on the issue
of reproductive rights of women. Counting on human rights-based laws, this article attempts to explore
recent developments in abortion laws in India with the help of judicial decisions. Through this article,
the researcher will try to explore the extent to which the recent amendment is not progressive enough
through which the time limit to get an abortion without the court’s involvement is increased from 20
weeks to 24 weeks and up to 27 weeks for rape survivors. The researcher also observes that although
the gestational limit is enhanced to 24 weeks from 20 weeks is only for the specific categories of women
and those not falling under this category would not be able to seek an abortion even after suffering from
a grave physical or mental injury due to pregnancy. With the help of this article, the researcher wants to
delineate how the recent amendment is scant in fulfilling its objective of “ensuring dignity, autonomy,
confidentiality, and justice for women who needs to terminate the pregnancy.” Researcher conclude
that there is sufficient attestation and support from international human rights standards as well as from
the India Judiciary to ground legal developments with respect to reproductive rights.
.

Trupti Kokate

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