International Journal of Law, Human Rights and Constitutional Studies

Deletion of Section 377 IPC in the Bharatiya Nyaya Sanhita, 2023: Constitutional Alignment, Doctrinal Shifts, and Emerging Gaps

2026-07-22T11:41:07+00:00

The enactment of the Bharatiya Nyaya Sanhita (BNS), 2023, marks a significant transformation in India's criminal justice framework by replacing the Indian Penal Code (IPC), 1860. While the reform aims to modernise criminal law, the complete omission of Section 377 of the IPC has generated considerable legal and constitutional debate. Following the Supreme Court's decision in Navtej Singh Johar v. Union of India (2018), Section 377 remained applicable to non-consensual sexual acts, offences involving minors, and bestiality, while consensual same-sex relations between adults were decriminalised. The absence of an equivalent provision in the BNS has created a legislative vacuum, particularly with respect to sexual offences against men, transgender persons, and non-binary individuals, who continue to remain outside the ambit of the gender-specific rape provisions. This article critically examines the legal implications of the repeal of Section 377, analyses the constitutional concerns arising under Articles 14, 19, and 21 of the Constitution of India, and evaluates the ongoing judicial scrutiny in Gantavya Gulati v. Union of India. It argues that the omission of Section 377 has weakened the statutory framework for addressing certain forms of sexual violence and has raised serious concerns regarding equality, dignity, and access to justice. The study concludes by emphasising the need for a gender-neutral legislative framework to ensure comprehensive protection against sexual offences and to eliminate the existing legal vacuum.

The Interplay of Law, Ethics, and International Politics in Global Affairs

2026-09-08T07:35:53+00:00

Relations between nations, between international organisations and between individuals are shaped at the intersection of law, ethics and world politics. International law provides laws and structures that control human rights, trade, environmental protection and armed conflict . Ethics provides moral concepts that influence decision-making beyond legal duties . In world politics, nations typically seek to balance national interests and global duties, presenting difficulties when legal requirements and ethical standards collide. Issues such as humanitarian intervention, climate change, migration and international justice highlight the need to combine legal principles with ethical considerations. An understanding of the relationship between law, ethics and world politics helps us understand how international collaboration, peace and justice can be promoted in an increasingly interconnected world.

Balancing Legal Principles and Human Relationships in Family and Adoption Law

2026-07-29T04:41:30+00:00

Family and adoption law holds a distinctive position at the convergence of legal frameworks and interpersonal connections, necessitating that formal regulations address profoundly personal circumstances. This article looks at the basic ideas that guide family and adoption law, such as the child's best interests, parental rights, and the state's duty to protect welfare. It looks at the legal steps that must be taken to adopt a child, the rights and responsibilities of adoptive parents, and the protections that children have in different types of families.
The article also talks about the emotional, social, and moral factors that affect how people make legal decisions in this area. The conversation focuses on the significance of balancing strict legal frameworks with compassion and flexibility by looking at modern problems such changing conceptions of family, cross-border adoption, and the need for child-centered methods. In the end, the paper says that good family and adoption law must balance legal certainty with the real-life experiences of people to make sure that both justice and compassionate outcomes happen.

Analysis of Local Judicial Mechanisms in Bangladesh, India, and Nepal, with Emphasis on Nepal’s Judicial Committees

2026-09-08T07:26:04+00:00

In Nepal, it is often argued that women do not have access to justice (A2J) due to patriarchal hegemony. In South Asia, there are practices aimed at facilitating A2J through local judicial mechanisms. For example, the Sarpanch system in India and the Village Court in Bangladesh function to bring justice mechanisms closer to the people. Similarly, the Constitution of Nepal has envisioned a local justice dissemination mechanism to ensure effective and efficient A2J at the grassroots level. This mechanism is known as the Judicial Committee, which has been given constitutional recognition under Article 217 of the Constitution of Nepal. This research aims to explore the link between the Judicial Committee and A2J in general, with a particular focus on women’s A2J. To assess the accessibility and effectiveness of the Judicial Committee, the authors recently conducted a research study involving 608 interviews with service recipients across various regions of Nepal. These individuals were visitors to Judicial Committees seeking justice services. The study sought to determine whether the Judicial Committee has improved A2J for marginalized women in Nepal. Based on the findings of this survey, conclusions have been drawn regarding the accessibility of the Judicial Committee for marginalized women.

Continuity or Constraint? Re-evaluating Inherent Powers of High Courts under Section 528 BNSS

2026-09-08T07:18:56+00:00

Despite extensive judicial precedents guiding Section 528 BNSS (formerly Section 482 CrPC), a critical gap persists in reconciling High Courts' inherent powers with post-2024 procedural reforms, as emerging trends reveal inconsistent quashing of FIRs for irregularities, risking overreach and eroded statutory discipline. This paper argues that the 2025 Supreme Court four-step test inadequately curbs misuse—such as mini-trials or forum shopping—while BNSS textual ambiguities exacerbate accessibility barriers for genuine abuse-of-process cases. It concludes that legislative clarifications on temporal scope, stricter pre-invocation thresholds, and judicial training are essential to restore remedial efficacy, ensuring inherent powers safeguard justice without undermining trial integrity.