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The Indian Journal of Contemporary Legal and Social Issues publishes rigorous, accessible scholarship at the intersection of law, society, technology, and governance.

Criminal Law
The Feasibility Of Capital Punishment In India: A...
Prof. Dr. Gurumurthy
Criminal Law8 min
Constitutional Law
Unmasking The Invisible: A Critical Review Of Sex...
Anwesha Guha
Constitutional Law8 min
Criminal Law
The Unconstitutional Exception: Marital Rape And ...
Prashi Borgohain
Criminal Law8 min
Public Health
The Expanding Powers Of Pollution Control Boards ...
Aman Kumar
Public Health8 min
Corporate Law
Beyond The Boardroom: Rethinking Corporate Govern...
Anushka Acharya
Corporate Law8 min
Corporate Law
LABOUR IN THE PLATFORM BASED GIG ECONOMY: THEORY,...
Om Chauhan
Corporate Law8 min
Public Health
Local Self-Governance And Grassroots Democracy In...
Dr. Bhavana Sharma
Public Health8 min
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Digital Due Process and the Right to Explanation

Under Review
Submitted Jan 9, 2025Updated 2 days ago

Land Rights in the Era of Carbon Markets

Revision Requested
Submitted Nov 28, 2024Updated Jan 11

Judicial Review of Automated Welfare Systems

Accepted
Submitted Oct 14, 2024Updated Dec 19

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Latest Publications

September 2026

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Criminal Law

The Feasibility Of Capital Punishment In India: A Critical Analysis

Capital punishment, commonly known as the death penalty, is the most severe form of punishment given by the State , where a person is sentenced to death for committing a serious crime. When a court orders this punishment, it is called a death sentence, and the act of carrying it out is known as execution. A person who has been sentenced to death and is waiting for the punishment to be carried out is said to be on death row. The term “capital” comes from the Latin word caput, meaning “head.” In earlier periods, punishments such as beheading were widely used for serious offences. Over time, the term “capital punishment” came to represent the highest level of punishment that a legal system can impose.

Prof. Dr. Gurumurthy & Chandralekha K.M
8 min 2
Constitutional Law

Unmasking The Invisible: A Critical Review Of Sex, Gender And International Human Rights Law: Contesting Binaries By Giovanna Gilleri

International Human Rights Law (IHRL) has long been driven by a compelling Universalist mandate: to provide a complete protection against governmental overreach, arbitrary violence and structural injustice. But that cover frequently crumbles when confronted with the actual reality of transgender sex workers, who are located at the strong intersection of governmental violence, criminalization, economic precarity, and social ostracization. For people on the edges of gender identity and informal work, IHRL frequently acts less as an empowering tool of freedom and more as a reflected mirror of patriarchal, bourgeois, and binary institutional goals. With considerable theoretical ambition, Giovanna Gilleri’s monograph, Sex, Gender and International Human Rights Law: Contesting Binaries, explores this contentious territory. The book offers a profound structural criticism of the ways in which international legal systems replicate and reinforce inflexible conceptions of sex and gender. Throughout this study, sentences are flagged to underpin the doctrinal tools and academic literature under investigation.

Anwesha Guha
8 min 1
Criminal Law

The Unconstitutional Exception: Marital Rape And The Limits Of Bodily Autonomy In India

Section 375 of the Indian Penal Code, now re-enacted as Section 63 of the Bharatiya Nyaya Sanhita, 2023, continues to exempt non-consensual sexual intercourse by a husband with his adult wife from the offence of rape. This paper examines whether that exemption can survive constitutional scrutiny. It begins with the Supreme Court's decision in Independent Thought v. Union of India, which read down the exception for minor wives but left the position of adult married women unresolved, and situates that gap within the seventeenth-century common-law doctrine, traced to Sir Matthew Hale, from which the exemption originates. The paper then examines the exemption against Articles 21, 14 and 15 of the Constitution, arguing that the right to privacy and decisional autonomy recognised in K.S. Puttaswamy v. Union of India extends to a married woman's control over her own body, and that a classification based solely on marital status cannot justify withholding criminal protection from an entire category of victims. It considers and responds to concerns about evidentiary misuse and the stability of the institution of marriage, arguing that such concerns call for procedural safeguards rather than a blanket exclusion from the law of rape. Finally, the paper situates the argument within the ongoing 2026 challenge before the Supreme Court concerning whether the exception can shield husbands from liability even where the alleged conduct causes grievous injury or death, and concludes that the exemption should be reconsidered through the constitutional principles of dignity, equality, privacy and bodily autonomy.

Prashi Borgohain
8 min 5
Public Health

The Expanding Powers Of Pollution Control Boards Under The Water Act And Air Act: Limits Of Administrative Discretion

In this country, the pollution is controlled through two main legislations The Water Act 1974 and Air Act 1981. The Central Pollution Control Board and the various State Pollution Control Boards are at the crux of making these laws work and these-governments possess a pretty extensive regulation, oversight and even quasi-judicial powers. Five and a half decades since the enactment of such laws, the scope of the activities these Boards can undertake is vast both because Parliament has changed a few of the laws and because the National Green Tribunal, and the Supreme Court, continuously expanded the rights such Boards have. This paper examines the details of Section 33A of the Water Act and Section 31A of the Air Act the provisions which enable the Pollution Control Boards to issue directions for closure of factory premises, step down of electricity and water supply, and even to demand payment of environmental damages and how the powers have continued to expand. It also thoroughly reviews the extent to which the administrative discretion exercised by these Boards remains within constitutional constraints such as the rule of law, prohibition of arbitrary action, natural justice and proportionality. This paper argues: yes, increasing the power of Boards would be helpful to make environmental governance actually function; but increase in the power should be accompanied by robust procedural structure, transparency and judicial controls to ensure it is not misused, by referring to the recent case law in the area of environmental damages at the PPP (Polluter Pays Principle).

Aman Kumar
8 min 5

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