ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

Articles By Arijeet Ghosh

Abolishing Torture

The practice of torture, cruel or inhuman treatment is abolished both under international law and national law in many countries. Despite this status, its practice is normalised to an extent that, apart from civil society organisations, it does not capture the imagination of the common populace. However, such normalisation among law students to the extent of justification of torture prompts the need for it to become a subject matter of inquiry. Through this article, experiences as a teacher of human rights are shared and analysed as to why justifications for such practices exist even among legal circles, who presumably are more aware of the total abolition of such practices both internationally and domestically.

How Can Families be Imagined Beyond Kinship and Marriage?

The Transgender Persons (Protection of Rights) Bill, 2019 and the Surrogacy Regulation Bill, 2019 reinforce the idea of family as a patriarchal, heterosexual and casteist institution and fail to account for other models of "chosen families'"and intimacies that co-exist in India. Given that the Supreme Court has recognised the right to intimacy as a core component of autonomy and privacy, the article makes a case for the law to fundamentally rethink the way it regulates personal relationships and in doing so, adopt a more functional" approach. 

A Womb of One's Own: Privacy and Reproductive Rights

In the context of the privacy judgment (Justice K S Puttaswamy v Union of India 2012a), we examine two reproductive rights issues that have featured prominently in recent public discourse: abortion and surrogacy. In this piece, we outline how the privacy judgment provides a much-needed impetus to the legislature to resolve potential constitutional challenges to laws on these two issues.