The Good, the Bad and the In-Between: Analysing the Supreme Court Judgment on Menstrual Health
On 30 January 2026, the Supreme Court of India in Dr. Jaya Thakur v. Government of India and Ors. recognised menstrual health as a constitutionally protected right under the Indian Constitution. This judgment is significant as it marks the first such concrete effort by the Supreme Court towards a constitutionally rooted rights-based approach towards menstrual health This piece analyses the judgment and argues that the strength of the Supreme Court’s approach lies in its dee
Seerat Gill
6 hours ago
The Architecture of Erasure: How India's New Transgender Act Builds What It Claims to Dismantle (Part II)
The Architecture of Erasure To capture the imagination which the Act sets to project, it is our duty, then, to take time and ask ourselves what the nature of the polity it imagines would be. The Act provides a state that is inherently devoted to legibility. It assumes that citizens should be made intelligible to the state and, in a sense that is defined by the conceptual frame of the state; otherwise, they are not even recognized. This suggestion soaks in the bitter heritage
Aditi Anand & Anuja Chatterjee
3 days ago
The Architecture of Erasure: How India’s New Transgender Act Builds What It Claims to Dismantle (Part I)
India’s Transgender Persons (Protection of Rights) Amendment Act, 2026 appears to have absolutely neglected the interests of the people that it is supposedly made for. The Act’s own Statement of Objects and Reasons declares that the law “was and is not to protect each and every class of persons with various gender identities.” An Act, whose title contains the phrase Protection of Rights, announces in its own explanatory text the categories of people it has chosen not to prote
Aditi Anand & Anuja Chatterjee
3 days ago
The Architecture of Harm: Intermediaries and the Constitution
Introduction The harms arising from intermediary behaviour are often public in nature, yet remain insufficiently recognised. This is largely because such harms are frequently understood merely as the aggregations of private harms . However, this framing is both inadequate and limiting, as it obscures the need for remedies that go beyond conventional privacy protection. This concern can be better understood through an analogy. The ocean exists as a natural entity populated by
Dr. Nupur Chowdhury
Apr 17
Saving the Saviours: Rethinking Resident Duty Hours in India
Introduction The resident doctors in India often face systemic exploitation and inhumane working conditions. Despite forming a crucial backbone of the healthcare system, their labour and work remain significantly undervalued. Hospital systems are often understaffed and underdeveloped, with an overwhelming patient load due to India’s large population. As a result, all clerical and non-clerical work falls directly under the supervision of the resident doctors. The average worki
Sirjandeep Kaur & Lakshita Agarwal
Mar 22
Beyond Individual Complaints: The Advantages of Positive Duties on the State in Equality and Anti-Discrimination Law
Introduction Traditionally, anti-discrimination law has relied on a complaints-led model to redress discrimination. This model requires the victim to identify an act of discrimination and take it to an adjudicatory body to attract a compensatory remedy. On the other hand, a competing emergent model for remedies is that of positive duties on the state to redress discrimination. Positive duties are proactive rather than reactive, aiming to identify and redress unlawful discrim
Jwalika Balaji
Mar 9
