Articles tagged with: Constitutional Law
![MENSTRUAL HYGIENE - NOT A NORM YET? - An analysis of Jaya Thakur V. Union of India]("https://rvydvbikckoourvzhyml.supabase.co/storage/v1/object/public/thumbnails/default%20thubnail.webp")
MENSTRUAL HYGIENE - NOT A NORM YET? - An analysis of Jaya Thakur V. Union of India
Females, the ones who bring life to this planet, go through a totally different life as compared to that of men. In the reproductive body of females, a phenomenon known as menstruation occurs every single month after they reach the age of puberty. Menstruation has a long social history, but today, this paper will discuss a noteworthy decision of the Honourable Supreme Court of India. The court recognised the importance of sex-segregated washrooms in schools and the recognition of the right to dignified menstrual health as a fundamental right. In the recent judgement of Jaya Thakur v. Union of India. The Supreme Court held menstrual health a fundamental right under Article 21of the Constitution, expanding the scope of rights for women and children.
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Expansion of rights of adoptive mothers: An analysis of Hamsaanandini Nanduri v. Union of India
Motherhood is often assumed to be biological, the norm everyone imagines, as soon as we discuss this subject, largely overlooking the adoptive parents and the care given by them. Being a parent is a full-time job, and proper caregiving for children plays a very important role in both parents' and children's lives. The process of bonding and development of a child with their parent is a crucial aspect for the mental health of the child, for which we have maternity laws in our country, but do they cover all types of parents and families? Maybe not. The norm of biological motherhood led to the legal framework being practically illusory for adoptive mothers, limiting their access to the rights and protections available to them. Until the recent case of Hamsaanandini Nanduri v. Union of India, the perspective shifted, and the court also acknowledged adoptive motherhood, expanding the constitutional protection for motherhood beyond childbirth.
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Critical Analysis of the Effectivenes and Accountability of National and State Human Rights Commissions in India: Institutional Response to Human Rights Violations and Protection of Marginalized Group
In India the Protection of Human rights act (PHRA), 1993, established the National Human rights commission (NHRC) and state human rights commission (SHRCs) as the ultimate institutional safeguard against a constitutional and international miscarriage of human rights. The following paper critically assesses the effectiveness and accountability of these Commissions, specifically the issue of their ability to combat systemic human rights violations and marginalized groups. Using a doctrinal research approach, the study shows a structural paradox has existed in the organization since we have a powerful mandate of investigation and promotion which is also consistent with the international Paris Principles but the functionality of the body is awkward due to a statutory lack of punitive/enforcement powers which makes this body to be called a toothless tiger. This weakness is however offset by judicial activism that has secured the quasi-judicial power of the NHRC.
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