Challenging Gender Norms: Critiquing the Statement Made by CJI DY Chandrachud on Same Sex Marriage

Challenging Gender Norms: Critiquing the Statement Made by CJI DY Chandrachud on Same Sex Marriage

By Guest Writer Surjit Raiguru In a seminal statement, Chief Justice of India (CJI) DY Chandrachud shines a spotlight on the intricate tapestry of gender identity and expression, deconstructing long-held misconceptions. Departing from reductionist notions, this article explores the profound interplay between biology, psychology, and society in shaping an individual's gender identity. By elucidating the nuanced nature of gender, CJI Chandrachud calls for an inclusive society that respects and validates diverse experiences, unravelling the complexities of gender, heralding a new era of acceptance and understanding. Gender identity and expression are complex and multifaceted concepts that cannot be reduced to simplistic notions based on reproductive organs. In a recent statement by CJI DY Chandrachud, he rightly acknowledged that there is no absolute concept of man or woman based on reproductive organs. However, his statement has been misunderstood by some, leading to misguided criticisms. CJI Chandrachud's statement highlights the fact that gender is not solely determined by biological sex. It goes beyond the physical characteristics...
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Children Languishing Behind Bars: A Grim Reality of Indian Prisons

Children Languishing Behind Bars: A Grim Reality of Indian Prisons

By Vasudev Singh and Karan Trehan, students of law in India at RML National Law University and NALSAR University of Law, respectively.  A recent revelation by the Government of India concerns the condition of children residing in prisons with their mothers and raises an important question regarding the basic human rights guaranteed to these children. As of 2015, Indian prisons accommodate some 419,623 prisoners (including pre-trial detainees/remand prisoners). Out of them, 4.3 percent— or around 18,000— are women. Women who face trial or who are found guilty of a crime are allowed to keep their children with them during their time in jail. Approximately 1,866 children lived in prison with their mothers at the end of 2015, according to prison statistics.  According to the Indian constitution, the state governments are assigned to the administration and management of prisons. This means that the state governments can make prison laws according to their own discretion and requirements. However, these state powers remain subject to other centrally-enacted laws such as the Prisons Act, 1894. As a result,...
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