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REINVENTING SPORTS GOVERNANCE: IMPLICATIONS OF THE NATIONAL SPORTS GOVERNANCE ACT, 2025

thelawwaywithlawyers@gmail.com September 25, 2025 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-27 ISSUE NO:- 27 , SEPTEMBER 25, 2025 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Authored By : Urmila Biswas BA LLB 4th YEAR of DEPARTMENT OF LAW, UNIVERSITY OF CALCUTTA (HAZRA CAMPUS) REINVENTING SPORTS GOVERNANCE: IMPLICATIONS OF THE NATIONAL SPORTS GOVERNANCE ACT, 2025 ABSTRACT The area of Sports Administration and governance was neglected for a long time in our country. In this article, we shall delve into the newly enacted National Sports Governance Act, 2025. This article will discuss whether the act marks a transformative step in sports governance. The study will critically examine the present framework of the National Sports Governance Act, 2025, along with an emphasis on the evolution of sports governance in our country. The unified legal regime of study shall be put forward, along with a comprehensive discussion on the concept of the National Sports Board. A detailed discussion shall be put forward about the historical evolution, its recent composition, along with the powers and functions that have been assigned under the newly enacted statute. The National Sports Governing bodies, which stand as the administrative units of the different sports organizations, and committees shall also be put forward. The paper further proceeds to explore the National Sports Tribunal, which is another landmark development, along with the Constitutional Significance of the Act. However, analysis can truly be complete after the inclusion of the views of the critics. Thus, the analysis will conclude with the views of critics, reforms, measures for athletes’welfare, global sporting standards, along with some possible ways to overcome the same. KEYWORDS Olympic Charter, Paralympic Charter, National Sports Governance Act, Administration, Committee, National Sports Board, National Sports Tribunal, Athlete, Safe Sports Policy INTRODUCTION It was on 19th August, 2025, while I was stuck in the midst of my semester examinations, that a news pop-up on my phone screen at around 4:21 pm announced that President Droupadi Murmu had given her approval to the National Sports Governance Bill. To satisfy my curiosity, I visited the news portal to read more about it. The National Sports Governance Act of 2025 received the formal approval of the President on August 18, 2025. The Lok Sabha gave its assent to the National Sports Governance Bill on August 11, 2025, which Sports Minister Mansukh Mandviya introduced. The National Sports Governance Bill 2025 received the assent of the Rajya Sabha on 12th August, 2025, following a two-hour-long deliberation.1 Sports, in general terms, refer to physical activities that contribute to physical fitness, enhance mental well-being, and, most importantly, develop positive competitive skills. It is deemed more 1 The Hindu, https://www.thehindu.com/news/national/national-sports-governance-bill-gets president-droupadi-murmus-assent/article69950568.ece , (last visited 5th September,2025). than just a recreational activity, as it creates a cohesive social force that binds the citizens of a nation to a robust sense of national pride. However, the administration of sports in our country has been unregulated for a long time, due to the absence of a proper governance structure. The absence of a proper governance structure led to corruption, inefficiency, a lack of transparency, and reduced participation among sports persons. From a legal standpoint, the National Sports Governance Act will bring a sense of accountability, transparency, regulation, and adherence to constitutional values in the public domain. FRAMEWORK OF THE NATIONAL SPORTS GOVERNANCE ACT, 2025 The National Sports Governance Act, 2025, is part of Act No. 25 of 20252and comprises 38 Sections. The Act mentions at the very outset that it is devised for the development and promotion of sports persons. It is primarily formulated to balance ethical conduct and practices within the sports community. The framework of the act is based on contemporary international standards, such as the Olympic Charter and the Paralympic Charter, as well as the international sports movement, to promote best practices on a global level. This Act is framed not only to meet international standards but also to resolve sports-related disputes in a uniform and effective manner. All matters related to sports governance, administration, and any disputes connected thereto shall fall under the ambit of this act. The Preliminary portion, that is Chapter I of the Act, mainly expands between Section 13and Section 2(a) to (zb)4, defining different concepts such as the Athletes Committee, Board, International Olympic Committee, International Paralympic Committee, International Sports Body, National Sports Federation, Regional Sports Federation, and many more. The Act further proceeds to include National Sports Bodies, the National Sports Board, the governance of National Sports Organizations, the code of ethics, safe sports policy, grievance redressal mechanisms, privileges, and duties of recognized sports organizations under Chapters II to VII of the Act. Furthermore, we can observe that Chapter VIII of the Act addresses the National Sports Election Panel, while Chapter IX pertains to the National Sports Tribunal. Thus, the basic framework of the Act has been elaborately discussed. EVOLUTION OF SPORTS GOVERNANCE IN INDIA The matter of Sports Governance in India after Independence was under the purview of private bodies, including the Indian Olympic Association (IOA), the National Sports Federations (NSFs), and other such associations. These associations worked under the statutory framework of the Societies Registration Act, 18605. These associations utilized public funds for their operations, but were still hindered by an inefficient, corrupt, and opaque administrative structure. The policy of 2 The National Sports Governance Act, 2025, No. 25, Acts of Parliament, 2025 (India). 3 The National Sports Governance Act, 2025, § 1, No. 25, Acts of Parliament, 2025 (India). 4 The National Sports Governance Act, 2025, § 2(a)-(zb), No. 25, Acts of Parliament, 2025 (India). 5 The Societies Registration Act, 1860, No. 21, Acts of Parliament, 1860 (India). 1984 was the first national framework to aim for mass participation and excellence, but it lacked effective enforcement mechanisms.6 The 2001 policy introduced ideas of obligation, voluntary implementation, and gender inclusion. The National Sports Development Code (2011) was considered an important code that ensured the growth and evolution of Sports Governance in India. It led to significant developments, including the establishment of age limits, transparency

The Unravelling of Bail Jurisprudence: The Umar Khalid Case and the UAPA

thelawwaywithlawyers@gmail.com September 23, 2025 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-27 ISSUE NO:- 27 , SEPTEMBER 23, 2025 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Authored By : Tejal Narwade THE UNRAVELLING OF BAIL JURISPRUDENCE: THE UMAR KHALID CASE AND THE UAPA ABSTRACT This article examines the recent bail rejection of Umar Khalid, arguing that the case serves as a powerful illustration of how India’s anti-terror law, the Unlawful Activities (Prevention) Act (UAPA), has transformed the legal process into a form of punishment. It analyzes the legal straitjacket created by Section 43D(5) of the UAPA, which compels courts to deny bail if the charges appear “prima facie true,” effectively inverting the constitutional principle of “innocent until proven guilty.” The article contrasts Khalid’s prolonged detention and repeated bail denials despite the trial not having begun. It also analyses the Supreme Court’s precedent in the Union of India v. KA Najeeb case, which held that prolonged incarceration is a valid ground for bail under the same law. The legal struggle, marked by procedural delays and the reliance on anonymous witnesses, highlights a systemic crisis where “dates upon dates” become the reality for undertrials. Ultimately, the article suggests that Khalid’s case underscores the urgent need for a separate bail law to bring clarity and fairness to the justice system and ensure that the right to liberty is not indefinitely suspended. Keywords: UAPA, Bail Jurisprudence, Process as Punishment, Pre-trial Detention INTRODUCTION Imagine being held in prison for years without a trial, your freedom suspended not by a conviction, but by an accusation. This isn’t a fictional scenario; for Umar Khalid, it is a stark reality that has become a powerful symbol of a justice system under strain. His recent bail rejection by the Delhi High Court and subsequent appeal to the Supreme Court compels us to look beyond a single legal outcome and confront a systemic issue. BACKGROUND The story begins with the tragic violence that occurred in parts of Northeast Delhi in February 2020, following protests against the Citizenship Amendment Act (CAA). The riots led to the deaths of 53 people and injured hundreds. In the aftermath, the Delhi Police’s Special Cell initiated an FIR, alleging a “larger conspiracy” behind the unrest. Umar Khalid, a former student of Jawaharlal Nehru University, was arrested in September 2020 and charged under various sections of the Indian Penal Code and the stringent Unlawful Activities (Prevention) Act (UAPA). His legal journey has been long and arduous; his initial bail plea was rejected by a trial court in March 2022, a decision upheld by the High Court in October of the same year. He then approached the Supreme Court, but after a series of adjournments, he withdrew the plea in February 2024. He was again denied bail by the trial court in May 2024, a decision the Delhi High Court upheld on September 2, 2025. This history of repeated denial underscores a central argument: the Khalid case highlights how India’s anti-terror laws have transformed the legal process itself into a form of punishment, fundamentally challenging the constitutional principle of “bail, not jail.” To understand this complex issue, we will first delve into the legal provisions that make bail so difficult under the UAPA. Then, we will analyze how these provisions were applied in Khalid’s specific case. Finally, we will examine the wider implications for civil liberties and the future of bail reforms in India. THE LEGAL STRAITJACKET OF THE UAPA Have you ever wondered why securing bail under a law like the UAPA seems to follow a different set of rules? It’s because of a specific provision that fundamentally re-engineers a core tenet of our criminal justice system. In normal criminal law, the principle of “innocent until proven guilty” is a cornerstone of our jurisprudence, deeply rooted in the constitutional guarantee of personal liberty under Article 21. This principle, famously articulated by the Supreme Court with the dictum “bail is the rule, jail is the exception,” means the burden is on the state to prove a person’s guilt. Unless there are clear reasons to believe the accused will flee, tamper with evidence, or influence witnesses, bail is generally granted. However, the UAPA operates in a different way or rather in an opposite way. Its most controversial provision is Section 43D (5), which effectively inverts this fundamental principle. It states that a court shall not release a person on bail if it has “reasonable grounds for believing that the accusation… is prima facie true.” What does “prima facie true” mean? In simple terms, it means “true at first glance.” It’s a much lower standard than “beyond a reasonable doubt.” A judge is not allowed to dig deep into the evidence or question whether the police’s claims are solid. They only have to check if the police report and documents seem believable at first sight. This phrase flips the burden onto the accused. Now, the accused must prove that the allegations are not credible, even before the trial begins. This standard makes bail exceptionally difficult to obtain. LEGAL ANALYSIS OF THE CASE OF UMAR KHALID The police claim that Umar Khalid was not a simple participant but a main planner or “mastermind” behind a “premeditated, well-orchestrated” plot to cause riots. The charges against him are based on a series of alleged actions, including: In December 2019, he and a co-accused supposedly told their group members to use “roadblock” tactics (chakka jam) to disrupt services. In January 2020, at a meeting, he allegedly said that “spilling of blood of the policemen was the only means” to get what they wanted. He also allegedly told people to collect weapons like knives, acid, and stones. In February 2020, he is accused of giving speeches to cause protests during a US President’s visit. Because of these claims, Khalid was charged with being a key player in a bigger plan to cause violence. Why the Court Denied Bail The Delhi High Court’s decision to deny bail was

FREEDOM OF SPEECH VS. HATE SPEECH: WHERE SHOULD THE LAW DRAW THE LINE?

thelawwaywithlawyers@gmail.com September 21, 2025 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-27 ISSUE NO:- 27 , SEPTEMBER 21, 2025 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Authored By : Mansewak singh FREEDOM OF SPEECH VS. HATE SPEECH: WHERE SHOULD THE LAW DRAW THE LINE? Freedom of speech is often hailed as the lifeblood of democracy, empowering citizens to voice dissent, challenge authority, and contribute to the marketplace of ideas. Yet this right is not without limit. Hate speech, which fosters. Hostility, violence, and discrimination threaten the dignity, equality, and social cohesion of diverse communities. This paper expands upon the existing discourse examining constitutional provisions, statutory frameworks, judicial precedents. Comparative international models and the role of academic research in doing so. Its statutes. The Indian experience within a global context while highlighting the challenges of regulating speech in an age dominated by digital communication and. Placed politics. The paper further incorporates historical sociology and psychological perspectives to deepen the understanding of the subject. Finally, suggests pathways for reform and reconciliation. Arguing that safeguarding liability must go hand in hand with protecting human dignity and preventing social harm. Introduction The right to freedom of speech and expression. enshrine in Article 19 (1)(a) of the Indian Constitution, is a cornerstone of democratic governance. This right enables citizens to express opinions freely, engage in political discourse and hold the government accountable. However, freedom of speech has always been Tempered by acknowledgement that words can cause real harm when weaponized as instruments of hate, exclusion, or incitement. Article 19(2) of the Constitution reflects this delicate balanced by permitting the state to impose reasonable restrictions in the interests of public order, morality, security and the sovereignty of India. the central Question that arises, therefore, is where should the Lord draw the line between legitimate expression and hate speech? The debate is particularly significant in India gives its extraordinary diversity of religions, languages, cash and culture in such a context. Unregulated speech is igniting deep social fault lines while excessive restrictions risk eroding democratic freedoms. The challenge is further compounded in digital age, where social media accelerates the spread of divisive. Narratives. This paper aims to provide a comprehensive exploration of this debate by examining constitutional principles, case laws, comparative perspective, academic research, and contemporary challenges. Constitutional & legal framework in India Indian constitutional framework recognizes freedom of speech as both fundamental land condition. Article 19(1)(a) subclause established the right to freedom of speech and expression which Article 19(2) empowers the state. To impose reasonable restrictions. In specific circumstances, this duaility ensures that while citizens are free to voice their opinions, such liability cannot extend to point of threatening social harmony or national security. The BNS contains several provisions that regulate hate speech. Criminalizing criminalizes promoting enmity between groups on grounds of religion, race, language. These deliberate acts intended to outrage religious views addresses statements that in state public mischief. These provisions though essentially have been criticized for vagueness, leaving room for arbitrary enforcement, for example, peaceful criticism. Government policies have occasionally been labeled as instruments, reflecting the risk of political misuse. Judicial presidents have played a crucial role in clarifying these ambiguities. In Romesh Thapar v. the state of Madras, the Supreme Court recognized free speech as the foundation of democracy. Later, in Shreya Singhal v. Union of India, the court struck down the section 66A of the IT act noticing that vague laws disproportionately. Curtailed speech similarly in Pravasi Bhalai Sangathan versus Union of India, the court acknowledged the dangers of hate speech but expressed the need for Parliament to frame a more precise definition. The Law Commission of India. 267th report attempted to provide such clarity, recommending a definition of hate speech based on intent and impact. Yet, despite these efforts, India still lacks a comprehensive legislative framework. Defining Hate speech v. Free speech One of the most significant challenges in this debate is the absence of a universally accepted definition of hate speech. The speech is typically associated with dissent criticism and the Free exchange of ideas, whereas hate speech refers to expression that targets individuals or groups with honesty, exclusion, or calls to violence. However, the line between these categories is often blurred, leading to controversies. The Law Commission of India’s 267th report Underscored the importance of both intent and impact in distinguishing hate speech from free speech. For example, a satirical remark, while potentially offensive, may not have the same impact as deliberate call to violence against the community. Similarly, criticism of government policies, though sharp, cannot be acquainted with speech intended to spread hatred. Internationally, the United Nations has attempted to provide clarity, defining hate speech as. “Offensive discourse targeting groups or individuals based on attributes such as race, religion or ethnicity or gender, which can lead to intolerance and discrimination”. European legal systems tend to adopt a dignitaries approach. Italian approach prioritizing the dignity of vulnerable groups over unrestricted liberty. United States. On the other hand, follows. The marketplace of ideas approach protecting almost all speech unless it crosses the. Threshold of directly inciting imminent violence In India ambiguity in statutory language has led to. Arbitrary and inconsistent. Enforcement, for instance, while criticism of historical figures of religious practices is sometimes. Tolerated. Other instances have related to criminal charges. This inconsistency highlights the urgent need for clearer definitions that distinguish between legitimate critique and speech that directly undermines social harmony. Global perspectives United States The 1st amendment of the US constitution offers near absolute protection to speech the landmark judgment in. Ben Berg V Ohio 1969 established that speech can only be restricted in its sites. Imminent lawless action which sets an extremely high. There is a whole protecting even hate filled speech unless it presents a clear and intimidate danger. As a result, neo-Nazi rallies, racist demonstrations and extremist propaganda often. Fall within the ambit of protected speech in the US while this model ensures rebuffed. Liberty. It also exposes minorities to potential harm. Europe. European democracy is shaped

CAPITAL PUNISHMENT: TO ABOLISH OR NOT

thelawwaywithlawyers@gmail.com September 5, 2025 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-27 ISSUE NO:- 27 , SEPTEMBER 5, 2025 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Authored By : Janvi Goyal CAPITAL PUNISHMENT: TO ABOLISH OR NOT ABSTRACT This article provides a critical examination of the ongoing debate regarding capital punishment, analysing both the arguments in favour of and against its continued application. It explores the historical context, assesses legal and moral viewpoints, and reviews the current status of the death penalty in India and worldwide. Utilizing landmark judicial rulings, statistical data, international human rights standards, and philosophical perspectives, the article underscores the complexities associated with the implementation of the death penalty within a modern justice system. Additionally, it addresses the sociological, economic, and psychological effects of executions. Ultimately, the article advocates for a transition toward more humane alternatives, such as life imprisonment without the possibility of parole, with a focus on rehabilitation and human dignity. The discussion seeks to offer a comprehensive understanding of the question of whether capital punishment should be abolished or maintained in contemporary society. KEYWORDS Human Dignity, Death Penalty, Executions, Life Imprisonment An Examination of Law, Morality, and Justice in Modern Society INTRODUCTION Capital punishment, commonly referred to as the death penalty, has historically been one of the most contentious and debated topics within the realm of criminal justice. The ongoing debate regarding its abolition or retention continues to provoke intense arguments from both perspectives. This article examines the historical evolution of capital punishment, the ethical and legal arguments supporting and opposing it, the current status of capital punishment in India and worldwide, and ultimately tackles the critical question: should capital punishment be abolished or maintained? HISTORICAL BACKGROUND The death penalty was mandated for a wide range of offenses in ancient civilizations such as Rome, Greece, and Babylon, where capital punishment originated. The Hammurabi Code and Roman Law are examples of codes that mandated execution for offenses ranging from theft to murder. Different methods of execution were utilized throughout time, such as beheading, hanging, and deadly injection. Public executions were commonplace in mediaeval and early modern Europe, where they were viewed as a deterrent. References to the death penalty can be found in both religious literature and legislative codes from ancient India. The death sentence was a fundamental component of the Indian Penal Code of 1860 during British colonial control. India kept the death sentence after gaining independence, but only in the “rarest of rare cases.” ARGUMENTS SUPPORTING CAPITAL PUNISHMENT Deterrence: A key argument advocating for capital punishment is its role as a deterrent. Supporters contend that the fear of execution prevents potential offenders from engaging in serious crimes. They assert that life imprisonment may not provide the same level of deterrence as the death penalty. Retribution and Justice: Proponents argue that capital punishment functions as a means of retributive justice, offering a sense of closure and justice to victims and their families. In accordance with the retributive theory of punishment, it is asserted that the criminal should be penalized in proportion to the severity of the offense committed. The death penalty is perceived as a method of delivering justice for particularly heinous and brutal crimes. Societal Protection: Capital punishment makes sure that criminals who pose a threat are permanently removed from society. This rules out any chance that the perpetrator will commit additional crimes, whether while incarcerated or following their release. The death penalty ensures public safety, according to some, while life imprisonment without parole nevertheless runs the risk of parole or escape. Cost Effectiveness: Because the state is spared the long-term expenses of incarceration, some supporters contend that the death penalty is more economical than life in prison. Because judicial proceedings involving death sentence cases frequently necessitate drawn-out appeals and costly trials, this argument is still debatable. ARGUMENTS AGAINST CAPITAL PUNISHMENT The Risk of Wrongful Convictions: A significant argument opposing capital punishment is the potential for executing innocent people. Judicial mistakes, biases, and insufficient legal representation can result in wrongful convictions. Once an execution occurs, it cannot be undone, and the ramifications of a wrongful conviction are devastating. Human Rights and Ethical Considerations: Critics contend that capital punishment infringes upon the fundamental human right to life. They assert that the state should not possess the authority to take an individual’s life, irrespective of the offense committed. International human rights organizations, including Amnesty International, have consistently advocated for the elimination of the death penalty. Lack of Deterrent Effect: The effectiveness of the death penalty as a deterrent is also called into question by its opponents. Statistical evidence and studies have demonstrated that life imprisonment is not necessarily any less effective in deterring crime than the death penalty. The fact that many nations with reduced crime rates do not use the death penalty indicates that other elements have a greater impact on lowering crime. Discrimination and Unequal Application: The death penalty is frequently criticised for disproportionately targeting economically disadvantaged and marginalised populations. Racial, socioeconomic, and regional differences in its application have raised concerns. The justice system’s impartiality and fairness are called into question by this. LEGAL STATUS AND LANDMARK CASES IN INDIA In India, the constitutionality of the death penalty has faced numerous challenges. The pivotal case of Jagmohan Singh v. State of Uttar Pradesh affirmed the constitutionality of capital punishment, asserting that it did not infringe upon Articles 14, 19, and 21 of the Constitution. Nevertheless, the Supreme Court in Bachan Singh v. State of Punjab established the doctrine of the ‘rarest of rare’ cases, which significantly limited the application of the death penalty. The ruling in Machhi Singh v. State of Punjab further clarified the ‘rarest of rare’ doctrine, offering criteria for when the death penalty ought to be applied. More contemporary cases, such as Shatrughan Chauhan v. Union of India, have concentrated on the procedural elements of death penalty cases, including delays in execution and the mental health status of the condemned. INTERNATIONAL PERSPECTIVE The global movement toward the abolition of the

UNHEARD VOICES: PROSTITUTION AND MARGINALIZATION IN INDIA

thelawwaywithlawyers@gmail.com September 5, 2025 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-27 ISSUE NO:- 27 , SEPTEMBER 5, 2025 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Authored By : Snehil Isha UNHEARD VOICES: PROSTITUTION AND MARGINALIZATION IN INDIA Table of Contents Abstract Introduction 1.1 Background 1.2 Marginalization and Its Impact 1.3 Legal Landscape in India 1.4 International Perspectives 1.5 Objectives of the Study 1.6 Methodology Background and Context 2.1 Historical Perspective 2.2 Post-Colonial Legal Framework 2.3 Socio-Economic Drivers of Prostitution 2.4 Public Health Concerns 2.5 Comparative International Perspectives Issues and Challenges 3.1 Ambiguity in Legal Status 3.2 Human Trafficking and Exploitation 3.3 Stigma and Social Exclusion 3.4 Police Harassment and Violence 3.5 Lack of Comprehensive Rehabilitation 3.6 Public Health Barriers 3.7 Intersectionality of Caste and Gender 3.8 Policy and Institutional Gaps Legal and Policy Development 4.1 Colonial Legacy and Early Legislation 4.2 The Immoral Traffic (Prevention) Act, 1956 4.3 Significant Amendments 4.4 Related Provisions in Other Laws 4.5 Landmark Judicial Pronouncements 4.6 International Commitments 4.7 Recent Policy Initiatives 4.8 Emerging Trends in Judicial Thinking What is Needed? (Recommendations & Reforms) 5.1 Decriminalization and Legal Clarity 5.2 Strengthen Anti-Trafficking Measures 5.3 Rights-Based Rehabilitation and Support 5.4 Address Stigma and Social Discrimination 5.5 Policy Integration and Institutional Mechanisms 5.6 Constitutional and Human Rights Protections 5.7 International Cooperation and Alignment Conclusion Bibliography Abstract Prostitution has existed for centuries in India yet remains one of the most stigmatized and marginalized professions. Despite being a reality for thousands of women, men, and transgender individuals, the legal and social frameworks surrounding sex work often deny them basic human rights. This research explores the nexus of prostitution and marginalization in India through a socio-legal lens. The study delves into the historical context of prostitution, its regulation under colonial and post-colonial laws, and the systemic discrimination faced by sex workers. It examines how the Immoral Traffic (Prevention) Act, 1956 (ITPA), along with other provisions of the Indian Penal Code (IPC), have often criminalized aspects of sex work without addressing its root socio-economic causes. The paper also engages with key judicial pronouncements such as Budhadev Karmaskar v. State of West Bengal (2011), where the Supreme Court recognized sex workers’ right to dignity under Article 21 of the Constitution, and Gaurav Jain v. Union of India (1997), which highlighted the need for rehabilitation of the children of sex workers. Additionally, it explores the emerging international discourse on decriminalization, referencing the Palermo Protocol and recommendations by bodies such as CEDAW. By analyzing existing laws, policy initiatives, and the lived experiences of sex workers, this research identifies the gaps in the current legal framework and highlights the consequences of systemic marginalization. The paper concludes by proposing reforms such as partial decriminalization, improved rehabilitation mechanisms, and social sensitization as means to protect the rights and dignity of sex workers. Ultimately, this research aims to amplify the unheard voices of sex workers in India, ensuring that discussions around prostitution move beyond morality and criminality to focus on human rights and social justice. Introduction 1.1 Background Prostitution, often referred to as the “world’s oldest profession,” has a long and complex history in India. Historically, sex work was not always treated as a taboo. Ancient texts such as the Arthashastra and references to ganikas (courtesans) illustrate how sex workers once occupied a recognized position in society. However, colonial moral codes introduced during the British Raj reshaped public perception, framing prostitution as a moral and social evil that required legal suppression. This laid the foundation for the stigmatization and marginalization of sex workers, a reality that persists even today. In contemporary India, prostitution is not per se illegal, but most activities associated with it—soliciting in public places, running brothels, pimping, or living off the earnings of sex work—are criminalized under the Immoral Traffic (Prevention) Act, 1956 (ITPA). This legal paradox places sex workers in a precarious position where their occupation is neither fully prohibited nor fully protected. Consequently, they face systemic marginalization not just from law enforcement agencies but also from society at large. 1.2 Marginalization and Its Impact Marginalization manifests in multiple forms—social, economic, and legal. Sex workers are often denied access to healthcare, education, and alternative sources of livelihood. They are also subject to extortion and abuse by police, who exploit the ambiguities in the law. The lack of social acceptance isolates sex workers, leaving them vulnerable to violence and exploitation. Marginalization also extends to the children of sex workers, who are frequently denied education and other opportunities, perpetuating a cycle of poverty and exclusion. The stigma attached to sex work often makes it difficult for workers to seek justice. Many fear arrest or social ostracism if they report crimes committed against them. As the Supreme Court observed in State of Maharashtra v. Madhukar Narayan Mardikar (1991), “even a prostitute is entitled to privacy and dignity,” yet this principle is routinely ignored in practice. 1.3 Legal Landscape in India The legal framework governing prostitution in India is largely shaped by the ITPA, which was enacted with the stated purpose of preventing trafficking for the purpose of sexual exploitation. Sections 3 to 7 of the Act criminalize a range of activities related to sex work, including operating brothels and soliciting clients in public. While the Act purports to target traffickers and exploiters, in practice it has led to the harassment and criminalization of sex workers themselves. Judicial interpretation, however, has evolved over time. In Budhadev Karmaskar v. State of West Bengal (2011), the Supreme Court explicitly acknowledged the need to protect the rights of sex workers and directed the government to frame schemes for their rehabilitation. Similarly, in Gaurav Jain v. Union of India (1997), the Court emphasized the need to uplift the children of sex workers and integrate them into mainstream society. Despite these progressive rulings, the ground reality remains bleak. Police raids on brothels often result in the arrest and detention of sex workers rather than their traffickers. The National Human Rights Commission (NHRC) has repeatedly noted that sex workers are treated as criminals

ONLINE GAMING INVOLVING REAL MONEY: LEGALLY CORRECT BUT SOCIALLY WRONG

thelawwaywithlawyers@gmail.com September 1, 2025 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-27 ISSUE NO:- 27 , SEPTEMBER 1, 2025 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Authored By : PRASHANT SRIVASTAVA ONLINE GAMING INVOLVING REAL MONEY: LEGALLY CORRECT BUT SOCIALLY WRONG Abstract:- The evolving landscape of online gaming presents complex legal, social, and ethical challenges. While activities based on skill are recognized as lawful under constitutional principles, games of chance, particularly online money games, are increasingly associated with societal harms such as addiction, financial distress, and criminal activities. Landmark rulings like R.M.D. Chamarbaugwala v. Union of India establish that skill-based competitions fall outside gambling regulations, affording them legal protection. Conversely, the rapid growth of online money gaming has prompted the government to introduce a comprehensive Bill banning such activities to safeguard public health, morality, and national security. Despite industry objections rooted in constitutional rights and economic interests, the government emphasizes its constitutional duty to protect societal well-being and regulate activities that threaten social order. A balanced approach, involving proper regulation of lawful gaming sectors and prohibition of illegal platforms, appears crucial. This discourse underscores the importance of an adaptable legal framework that aligns technological advancements with societal needs, ensuring individual freedoms are balanced with public safety. Ultimately, a nuanced, constitutional approach is vital for fostering a sustainable, secure, and responsible digital gaming environment that supports innovation while addressing social concerns. Keywords: Online Gaming, Games of Skill vs Chance, Legal Regulation, Social Impact Introduction: In the realm of gaming, understanding the fundamental differences between games of skill and games of chance is essential, not only for enthusiasts and players but also for legal and regulatory authorities. While both types of games provide entertainment and potential rewards, they operate on entirely different principles, and these differences directly influence their legal treatment. Games of Skill Definition: Games of skill are activities where the outcome depends primarily on the player’s knowledge, strategic thinking, and proficiency. Success in these games results from the player’s ability to apply skill, practice, and experience. Characteristics: Strategy and Decision-Making: Players make informed choices, plan moves, and develop strategies that significantly impact the result. For example, chess involves tactical planning, while poker requires probability assessment and psychological strategy. Practice and Improvement: Performance improves with practice, and experience over time enhances the chances of success. Skilled players develop better techniques, reflexes, and understanding of the game. Player Control: Players have substantial control over the outcome. Their decisions, reactions, and skills influence the result, with luck playing a minimal role. Examples: Chess Poker (where skill in bluffing and probability matters) Esports (like Dota 2, Counter-Strike) Sports betting (based on knowledge of the sport and teams) Fantasy sports leagues Games of Chance Definition: Games of chance, also known as luck-based games or gambling activities, are games where the outcome is primarily determined by random or unpredictable factors beyond the player’s control. Characteristics: Randomness: The results depend on elements like dice rolls, card shuffles, or spinning wheels—events driven by chance rather than skill. Probability and Odds: Success is largely influenced by chance, with outcomes described by probability models and odds, making results uncertain and largely unpredictable. Limited Player Control: Players have little to no influence over the final outcome, which is predominantly governed by luck. Examples: Slot machines Roulette Lottery draws Scratch cards Most casino games like baccarat, craps The distinction between games of skill and games of chance carries significant legal consequences, particularly concerning gambling laws and regulations. Legality and Regulation: Games of Skill: Often fall outside the scope of gambling legislation or are subjected to less stringent regulations. They are generally regarded as lawful activities because they are based on expertise rather than luck, and thus less susceptible to exploitation or societal harm. Games of Chance: Are typically classified as gambling activities and are heavily regulated. These include licensing, restrictions on participation, and consumer protection measures to prevent fraud, addiction, and exploitation. Skill-Based Gaming: Emerging trends, such as esports tournaments and fantasy sports, are increasingly recognized as skill-based activities and are sometimes exempt from gambling restrictions, provided they meet specific legal criteria. Blurring Lines: Certain activities blur the line between skill and chance—for example, variations of poker, which combines luck and skill, or fantasy sports with elements of both. These create legal debates regarding their classification and regulation. Thus,understanding these core distinctions helps clarify the legal landscape surrounding gaming and gambling. Games of skill emphasize player expertise and generally enjoy greater legal freedom, whereas games of chance are strictly regulated due to their inherent risk of fostering gambling-related issues. The differentiation continues to evolve with technological advancements and changing legal perspectives, influencing how various gaming activities are regulated worldwide. Why online gaming(involving real money) is legally correct:- Online gaming companies claim that their games involve lot of skills.Thus they fall under game of skill rather than game of chance. Below is supreme Court ruling which treats games of skills as legally correct. Supreme Court : The Supreme Court, in R.M.D. Chamarbaugwala v. Union of India, established that competitions where skill predominates over chance are not gambling and thus fall outside the ambit of gambling prohibitions. High Courts have extended this approach to online games, noting that if a game substantially depends on a player’s skill (such as strategy, knowledge, or judgment), it is considered a game of skill and can legally be played even for stakes. Details of R.M.D. Chamarbaugwala v. Union of India case:- Case is fought between whom? Petitioners: Engaged in promoting and conducting prize competitions across different states of India. They challenged the constitutionality of certain provisions of the Prize Competitions Act, 1955, and the related rules. Respondents: Represented primarily by the Government of India (through the Solicitor-General and advocates), supporting the validity of the Act and its provisions, and defending the regulations imposed under it. Arguments of petitioner and respondent in detail Petitioners’ Arguments: Definition of ‘Prize Competition’ (Section 2(d)): The petitioners argue that this broad definition includes both purely chance-based (gambling) and skill-based competitions. Consequently, provisions aimed

X VS THE PRINCIPLE SECRETARY HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT OF NCT OF DELHI & ANR (2022)

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THE LAWWAY WITH LAWYERS JOURNAL AUGUST 31, 2025 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Authored By : Navneet Pal X VS THE PRINCIPLE SECRETARY HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT OF NCT OF DELHI & ANR (2022) ABSTRACT – Does the right to terminate pregnancy depend on someone’s marital status, or are termination rights vested in sole status only? Is the legislative text the sole basis to understand the true essence of abortion rights, or is any interpretation needed to move beyond the myopic and constrained approach? Some questions had been raised in the landmark judgment where the Supreme Court extended the scope of abortion rights to unmarried women, and the contours of equality, dignity and privacy that are guaranteed under the Indian Constitution. This case breaks outdated norms and stereotypes through its ruling and invites deeper reflection on abortion access, balancing medical safety with personal liberty. INTRODUCTION- The human body has been conceived in such a way that it can perform all the necessary functions and provide pace to life. The human body has certain divisions, which are mainly of bodily structure, that are further classified as male and female. Both genders have distinct musculoskeletal systems, in which their biological and physical functioning differ significantly from one another. The process of reproduction is one of them, where the pair must contribute equally in multiplication and procreate for the foundation of life. Each of them has a divergent role; however, the objective is identical, in which Women are meant to be child bearers, and the father is the child begetter. Numerous nations have already acknowledged the right to reproduce as a right of women, which allows a woman to carry a child in her womb without coercion and restrictions. Medical termination of pregnancy is also commonly known as abortion, which is a common gynaecological Procedure with certain moral and legal conditions. The Medical Termination of Pregnancy Act 1971 basically governs this procedure, which mainly covers conditions for legal abortion, time limits, who can perform this procedure, consent requirements, confidentiality and balance of rights. Section 312 of the Indian Penal Code states that voluntary interruption of pregnancy (VIP) is a criminal offence, although the Medical Termination of Pregnancy Act is an exception to the above-stated provision. Some of the mandates of the act are as follows- Section 1 explains the short title, extent and commencement of the act, where it clarifies that this act may be called the Medical Termination of Pregnancy Act and come into force after notification in the official gazette by the central government. Section 2 is the definitional clause where different terms are explained – Guardian – a Person who is legally responsible for taking care of a child who is below 18 years old or a lunatic. Lunatic – Section 3 of the lunatic Act 1972, which has now been replaced with a newer act, defines a person who is mentally ill or challenged. Minor – A person who has not become an adult as per the Indian Majority Act, which is a person below 18 years of age. Registered Medical Practitioner- A Person who : Hold a recognized medical qualification such as MBBS, BDS, BHMS AND BAMS, etc. (as per the Indian Medical Council Act) Has registered in the state medical register (an official list of qualified doctors) Has special training or experience in gynaecology and obstetrics as required by rules under this act. Medical board – The Medical board has been constituted under the act, which is going to monitor such practices. Termination of pregnancy – Means termination of pregnancy by surgical or medical methods. Section 3 of this act outlines when and how pregnancy can be legally terminated if : Even if causing abortion is a criminal offence under the Indian Penal Code and the Bhartiya Nyaya Sanhita but a termination of pregnancy by a registered medical practitioner will not be punishable if foetal evacuation is performed as per the rule prescribed by this act. Permission for abortion – If the pregnancy reaches only up to 20 weeks, then, with the consultation of one registered medical practitioner, termination can be allowed if the following conditions are fulfilled – Continuation of pregnancy has a potential risk to the woman’s life or can cause serious harm to her or A born child may face physical or mental abnormalities There are certain cases, such as survivors of rape, minors, etc., where pregnancy is reached between 20 to 24 weeks and not possible to terminate, in which two registered medical practitioners must agree on above mentioned conditions for termination. If Pregnancy happens due to the failure of contraceptive methods ( condom, IUD, pill ) and rape, the mental stress will be treated as “ grave injury to her mental health” Pregnancy can be terminated even if beyond 24 weeks on the advice of the medical board when there are serious foetal abnormalities Every state/union territory must form a medical board which is comprised of a gynaecologist, a paediatrician and a radiologist / sonologist. Section 4 clarifies the place where pregnancy can be terminated – No termination can be performed other than in a hospital established or maintained by the government or a place approved for the time being for this purpose. Section 5 demonstrates when to permit and prohibit such practice : Duration of termination and permission from the registered doctor are not required in cases where pregnancy endangers the life of the woman If anyone who is not a registered doctor performs such a procedure and tries to end the pregnancy, this act of termination will be treated as a criminal offence under the Bhartiya Nyaya Sanhita. A registered medical practitioner who performs such surgery is not allowed to reveal the name and essential details of the woman whose pregnancy has been ended under this law unless specified. If the doctor does so, he will be punished with imprisonment for up to one year, a fine or both. Section

SHAYARA BANO V. UNION OF INDIA

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THE LAWWAY WITH LAWYERS JOURNAL AUGUST 31, 2025 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Authored By : Janvi Goyal DETAILS OF THE CASE: TITLE OF THE CASE: SHAYARA BANO V. UNION OF INDIA CITATION: AIR 2017 9 SCC 1 (SC) NAME OF APPELLANT: SHAYARA BANO AND ORS. NAME OF RESPONDANT: UNION OF INDIA, ALL INDIA MUSLIM PERSONAL LAW BOARD AND RIZWAN AHMEND COURT: THE SUPREME COURT OF INDIA DATE OF JUDGEMENT: 22ND AUGUST 2017 BENCH: JUSTICE JAGDISH SINGH KHEHAR, JUSTICE S. ABDUL NAZEER, JUSTICE ROHINTON FALI NARIMAN, JUSTICE UDAY LALIT AND JUSTICE K. M. JOSEPH ABSTRACT This detailed commentary examines the Supreme Court ruling in Shayara Bano v. Union of India (2017)—a landmark case that deemed the practice of instant triple talaq as void and unconstitutional. The analysis covers the factual context, the legal arguments put forth, the constitutional matters addressed, the judiciary’s response, and the broader social and legal ramifications of the ruling. The foundation of the judgment is based on the principles of equality, non-discrimination, and justice, with the Court asserting that no personal or religious practice supersedes the fundamental rights guaranteed by the Constitution. Additionally, this case commentary evaluates the verdict’s impact, especially regarding gender justice and reforms in personal law, and places it within the larger conversation on secularism and societal advancement in India. [2][1][6]. INTRODUCTION In the context of gender equity and the interaction between religion personal laws and constitutional duties, the Supreme Court’s historic ruling in Shayara Bano v. Union of India was a turning point in Indian jurisprudence. The case concerned the Muslim custom known as “triple talaq” (talaq-e-biddat), which allows a husband to immediately and permanently divorce his wife by saying the word “talaq” three times in a row. The lawsuit, which was started by Shayara Bano, a woman who was divorced under this method after 15 years of marriage, came to represent the continuous fight for women’s equality and rights within the context of India’s diverse legal system. The Supreme Court’s decision not just deemed the practice unlawful, but it also sparked a heated discussion on the broader topics of secularism, constitutional supremacy, and reform of personal legislation, as well as significant legislative changes. [2][1][6]. FACTUAL BACKGROUND Shayara Bano entered into marriage with Rizwan Ahmed in 2001, and they were blessed with two children. In 2015, Rizwan executed a divorce by uttering “talaq” three times in a single session, a method referred to as triple talaq or talaq-e-biddat. Distressed by the abrupt and irreversible nature of her divorce, Shayara Bano submitted a writ petition to the Supreme Court of India, contesting the constitutionality of triple talaq, as well as polygamy and nikah halala (a practice that necessitates a woman to marry another man, consummate that marriage, and subsequently obtain a divorce if she desires to remarry her original husband). She argued that these practices infringed upon her fundamental rights as enshrined in Articles 14 (equality before the law), 15 (prohibition of discrimination), 21 (protection of life and personal liberty), and 25 (freedom of religion) of the Indian Constitution. [2][1][3][5][6]. Public support for Bano’s case was strong, particularly from organisations that advocate for women’s rights, such as the Bharatiya Muslim Mahila Andolan and the Bebaak Collective, who emphasised the wider effects of these practices on the status and rights of Muslim women in India. THE SUPREME COURT EXAMINED KEY CONSTITUTIONAL QUESTIONS: Whether the practice of triple talaq qualifies as an “essential religious practice” under Article 25 and is therefore constitutionally protected; Whether the judiciary has the authority to scrutinize uncodified personal laws based on fundamental rights; Whether triple talaq is arbitrary and discriminatory, thereby infringing Articles 14, 15, and 21; and Whether personal laws can be upheld if they are evidently arbitrary and unjust. ARGUMENTS PRESENTED BY THE PETITIONERS The petitioners asserted that the practice of triple talaq is not prescribed by the Quran, which instead advocates for a waiting period and opportunities for reconciliation prior to divorce. They emphasized that the only method of divorce supported by Islamic scripture is one that is gradual and equitable, rather than abrupt or unilateral. Furthermore, they argued that triple talaq unjustly grants men unilateral and absolute authority, thereby perpetuating significant gender discrimination and undermining women’s rights to equality, security, and dignity. The petitioners urged the Court to acknowledge that personal law should not violate constitutional rights and must consistently align with India’s commitments under international human rights treaties. [2][1][6]. ARGUMENTS PRESENTED BY RESPONDENTS In defence of the practice, the All India Muslim Personal Law Board (AIMPLB) and others claimed that Muslim personal law is uncodified and not subject to judicial examination since it is protected by Article 25 as a fundamental component of religion. They maintained that any intervention by the Court into the realm of religious practices would be an infringement on the freedom of religion and an unacceptable invasion into areas best left to the community and its leaders. Additionally, the respondents voiced worries about the potential consequences of judicial intervention in personal laws, which might jeopardize India’s pluralistic legal system. [2][1]. THE REASONING AND DECISION OF THE SUPREME COURT To hear this important matter, a five-judge constitutional bench was assembled, consisting of Chief Justice J.S. Khehar, Justices Kurian Joseph, Rohinton Fali Nariman, Uday Umesh Lalit, and S. Abdul Nazeer. Majority Opinion On August 22, 2017, the Supreme Court determined, by a 3:2 majority, that the practice of instant triple talaq is unconstitutional and invalid. The main reasoning was articulated as follows: Manifest Arbitrariness: The Court concluded that triple talaq was “manifestly arbitrary,” devoid of any rational connection to a legitimate social purpose. It infringed upon Article 14 by permitting Muslim men to divorce their wives without justification or the chance for reconciliation, thereby depriving women of their autonomy and security. Not an Essential Religious Practice: The prevailing consensus among scholars indicates that the Quran does not endorse the practice of instantaneous triple talaq. Consequently, as this practice is neither fundamental nor vital to the

CRITICAL ANALYSIS AND EVALUATION OF LAWS RELATED TO GENDER BIASES IN LIVE-IN RELATIONSHIPS IN INDIA

thelawwaywithlawyers@gmail.com August 26, 2025 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-26 ISSUE NO:- 26 , AUGUST 26, 2025 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Authored By : Prachi Barot CRITICAL ANALYSIS AND EVALUATION OF LAWS RELATED TO GENDER BIASES IN LIVE-IN RELATIONSHIPS IN INDIA. ABSTRACT Live-in relationships in India, once considered a social taboo, have gradually gained judicial recognition. However, they remain largely unregulated by comprehensive statutory frameworks. While existing legal provisions—such as the Protection of Women from Domestic Violence Act, 2005, and the Hindu Marriage Act, 1955—offer significant protections to women in live-in relationships, there is a notable absence of similar legal protections for men and other genders, raising concerns about gender-based disparities in legal treatment. This paper critically examines the current legal framework, focusing on key statutes, landmark judicial decisions, and the constitutional principles of equality enshrined in Articles 14, 15, and 21 of the Indian Constitution. It explores issues such as gender bias in maintenance rights, protection from abuse, and legal recourse for false accusations, while addressing counterarguments rooted in the historical vulnerability of women. Drawing upon comparative legal perspectives from jurisdictions like the United Kingdom and Australia, the paper proposes a gender-neutral legislative approach that ensures equal legal recognition, protections, and remedies for all individuals in live-in relationships. The suggested reforms aim to harmonize Indian law with constitutional mandates and contemporary social dynamics, fostering a more equitable legal environment for all genders in such relationships. Keywords: Live-in relationships, gender bias, maintenance rights, domestic violence, comparative family law, constitutional equality. INTRODUCTION In India’s evolving social landscape, love and relationships increasingly navigate the complex intersection of tradition and law. Live-in relationships, once largely a private matter, are now recognized by the courts, though they continue to be met with social resistance. However, beneath this legal recognition lies a nuanced issue: the legal framework often affords greater protection to one gender, creating disparities and uncertainties for the other. The concept of live-in relationships is gaining increasing acceptance in India, yet there remains a lack of comprehensive legal recognition or regulatory framework to govern such relationships. While not classified as illegal or criminal, live-in relationships are often perceived as contrary to traditional Indian values and customs. In Indian context, live-in relationships generally refer to couples who cohabit under a roof with mutual consent, carrying out all the household responsibilities, without being wedded. There is no particular and exact legal definition of live-in relationships but it can be termed as : “An arrangement of living under which the couples which are unmarried live together to conduct a long-going relationship similarly as in marriage.”1It can be understood as an arrangement 1 Sanjay.Kumar Sah,’Live-in Relationship: Laws in India’(Legal Services India E-Journal,) <http://legalservices.co.in/blogs/entry/Live-In- Relationship> Accessed 22 May 2024 whereby a couple or two consenting adults opt to live together on a long term basis in an emotionally and/or sexually intimate relationship in a close association. BACKGROUND The formal acknowledgement and recognition of the live-in relationship concept is through the recent times, when the Protection of Women from Domestic Violence Act, 2005, was passed and came into force, extending legal protection to the women who cohabit or reside with their partners without marriage and who are the victims of domestic violence which is considered as similar to the ones suffered by women in marriages. India first recognized the concept of live-in relationships, in 2010, when the Supreme Court passed the historic decision that ‘ live-in relationships are not illegal and immoral ‘ in the case of “Khushboo vs Kanniammal”2. It also stated that two consenting adults in a heterogeneous relation have a right to cohabit together like a married couple without getting married. In another landmark case of 2015 of Velusamy vs. D. Patchaiammal3 The Supreme Court held that long- term live-in relationships can be considered as or similar to a valid marriage under certain circumstances and situations where the woman is also entitled to maintenance from her partner in case of separation. Further , in the case of “Indra Sarma vs V.K.V. Sarma.”4The Supreme Court, by further enlarging and elaborating the rights of women , held that women in a live-in relationship are entitled to maintenance after separation from their partners even though live-in relationships are not recognised and considered as valid marriages in the view and eyes of the Indian laws. The Indian law doesn’t promote or support pre-marital sex. LEGAL STATUS OF LIVE-IN IN INDIA Live- in Relationships are not explicitly recognised in India. It is also not considered as illegal or a criminal offence rather it has been given recognition by the Supreme Court as valid relationships thereby providing the couples certain rights and protections cohabiting in a live-in relationship. In terms of rights individuals in a live-in relationship do not carry the same rights as married couples. 2 Khushboo vs Kanniammal AIR 2010 SC 3196 3D.Velusamy vs D.Patchaiammal AIR 2011 SC 479 4 Indra Sarma vs V.K.V.Sarma AIR 2013 SCW 6783 LAWS GOVERNING THE PROTECTION AND WELLBEING OF WOMEN IN A LIVE-IN RELATIONSHIP The Hindu Marriage Act, 1955 states that even if live-in relationships are not recognised as valid marriages in India, still the women cohabiting in a live-in relationship has a right to seek maintenance from their partners in case of separation, only if she is able to prove that the relationship is similar to a marital relationship. Domestic Violence Act, 2005, protects the women against violence and abuse in a live- in relationship. Protection of Women from Domestic Violence Rules, 2006, provides for the procedure to file application for the protection orders, residence orders, and monetary reliefs by the women in a live-in relationship. As per the Indian Penal Code, in case of a live-in relationship, offences like rape, adultery, and bigamy are provided, available and dealt with as criminal offences under the criminal liabilities. The Hindu Adoption and Maintenance Act, 1956, says that a woman in a live-in relationship is entitled to the

COMPARATIVE ANALYSIS OF BNSS AND CRPC: UNDERSTANDING THE SHIFTS IN INDIA’S CRIMINAL JUSTICE FRAMEWORK

thelawwaywithlawyers@gmail.com August 24, 2025 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-26 ISSUE NO:- 26 , AUGUST 24, 2025 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Authored By : Mr. J.Najimudeen COMPARATIVE ANALYSIS OF BNSS AND CRPC: UNDERSTANDING THE SHIFTS IN INDIA’S CRIMINAL JUSTICE FRAMEWORK ABSTRACT India has undertaken a substantial legal transformation by replacing the colonial-era Code of Criminal Procedure, 1973 (CrPC), with the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). This transition isn’t just about changing nomenclature—it signifies a deep-rooted effort to update, simplify, and Indianize the procedural framework of criminal law. This article undertakes a comparative review of both statutes, analyzing the rationale for change, key amendments introduced under BNSS, and their likely impact on various stakeholders, including the judiciary, legal practitioners, victims, and the general public. Key words:- Bharatiya Nagarik Suraksha Sanhita (BNSS), Code of Criminal Procedure (CrPC) , Criminal justice reform, Procedural law, Arrest and bail reform & Victim rights INTRODUCTION For over five decades, the Code of Criminal Procedure, 1973, has governed the procedural aspects of criminal law in India. Based on the colonial model laid down in the 19th century, it had undergone several piecemeal amendments but retained its original colonial imprint. Recognizing the need for a comprehensive and citizen-centric criminal procedure, the Government of India introduced the Bharatiya Nagarik Suraksha Sanhita, 2023. The BNSS seeks to replace the CrPC and bring about a systematic overhaul with greater emphasis on transparency, victim participation, and the use of technology. The comparison between CrPC and BNSS is not merely one of legal texts—it is a study in legislative evolution and the shifting priorities of a modern state. This article outlines the structural changes, substantive reforms, and broader implications of the shift from CrPC to BNSS. Historical Context: From CrPC to BNSS The CrPC, 1973, was enacted in the post-independence era but was essentially a continuation of the colonial Code of 1898. Despite India’s progress in law and governance, many procedural aspects remained archaic, adversarial, and detached from the experiences of common citizens. The need for simplification, reduction in delays, inclusion of victim rights, and better technological integration had been widely discussed in Law Commission reports and Parliamentary debates. The BNSS, 2023, was introduced alongside two other new laws—Bharatiya Nyaya Sanhita (BNS) and Bharatiya Sakshya Adhiniyam (BSA)—collectively aiming to replace the Indian Penal Code and Indian Evidence Act respectively. Together, these laws represent a paradigm shift in India’s criminal jurisprudence. Structural Reorganization and Simplification The BNSS has 531 sections compared to the 484 sections in the CrPC. This increase is not due to added complexity, but rather to a better reorganization of provisions. Clauses that were previously clubbed together have been separated for clarity. Example: Provisions related to FIRs, arrests, and bail have been categorized more systematically, enabling easier navigation for law enforcement officers and legal practitioners. Furthermore, certain outdated terminologies, like “pleader” or “judicial magistrate, first class,” have been replaced with simplified and modernized expressions. Technology Integration One of the most significant differences between the CrPC and the BNSS lies in the introduction of technology. BNSS Innovations: Electronic FIRs: Provision for filing FIRs online, especially for offences punishable up to three years, has been introduced. Digital Evidence Handling: Statements, confessions, and evidence can now be recorded electronically, including via video conferencing. E-summons and warrants: Service of summons, notices, and warrants may now be done through electronic communication such as emails and messaging apps. These changes signify a major step forward in addressing delays in process service and modernizing procedural bottlenecks. Victim-Centric Approach While the CrPC was largely focused on the prosecution and the accused, the BNSS introduces several measures to protect and empower victims. Notable Changes: Victim Participation: Victims of certain crimes are allowed to be heard at the stage of framing charges. Information to Victims: Police are required to keep the victim informed about the progress of the investigation and court proceedings. Timely Compensation: The BNSS mandates the State to provide interim relief to victims in a time-bound manner. This indicates a more humane and rights-based approach to criminal procedure, bridging a long-existing gap in the system. Stringent Timelines and Accountability Another noteworthy feature of BNSS is the introduction of time limits for different stages of criminal proceedings, which was not rigidly present in CrPC. Examples: Charge-sheet filing: Time limit of 90 days to complete investigation in cases involving punishments above 10 years, and 60 days for others. Bail Disposal: Magistrates must decide bail applications within 7 days. Framing of Charges: Courts must frame charges within 60 days from filing of charge-sheet. These provisions aim to reduce the pendency of cases and ensure speedy justice—a long-standing concern under the CrPC framework. Arrests and Bail Reforms The CrPC has often been criticized for enabling unnecessary arrests. The BNSS incorporates Supreme Court directions and Law Commission recommendations to curb indiscriminate arrests. BNSS Reforms: Section 35 (BNSS): Makes it mandatory for police officers to record reasons for arrest and non-arrest in offences punishable with less than 7 years. Mandatory Bail Hearings: In minor cases, anticipatory bail applications are encouraged, with specific conditions to ensure liberty is not unjustly denied. This shift reflects a balance between individual liberty and public order, in line with constitutional values. Community and Preventive Policing The CrPC’s provisions on preventive measures and maintenance of law and order have been broadened under the BNSS. Additions: Public Safety Orders: Authorities can issue public safety orders in sensitive situations. Community Policing: The BNSS formally encourages the involvement of local communities in preventing crime, under the guidance of police and district magistrates. This framework supports decentralization and strengthens law enforcement in rural and semi-urban areas. Juvenile Justice and Gender Sensitivity Though the Juvenile Justice Act continues to apply, the BNSS ensures alignment with child-sensitive procedures. Protection of identity: BNSS reinforces the ban on disclosure of identity of victims in sexual offences. Female Officers for Women Victims: Statements of female victims must be recorded by female officers. While CrPC had provisions on these, the BNSS codifies them more