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Welcome to Kashmir Journal of Legal Studies Official Website, A Peer Reviewed & Referred Journal, UGC-CARE Listed journal

Volume: XII 2 2025

Need For Gender-Neutral Rape Laws: A Comparative Analysis Post-Section 377 Repeal in The Bharatiya Nyaya Sanhita, 2023

Author(s) : Shubham Bhatia & Dr. Vivek Shukla

Abstract In India, whilst the gender roles are deep-rooted in the society, the definition of rape under the law fails to capture the full spectrum of sexual violence. The present legal structure, rooted in a binary understanding of gender, leaves many survivors, including men, transgender, and non- binary individuals without adequate legal recourse. The need for gender- neutral rape laws in India has become increasingly urgent as the current legal framework, including Bharatiya Nyaya Sanhita, 2023 remains predominantly focused on women as victims, thereby excluding male, transgender, and non-binary individuals from protection against sexual violence. This exclusion perpetuates stigma, underreporting, and systemic inequities, leaving many victims without access to justice. Drawing on comparative analyses of international frameworks such as those in the United States, the United Kingdom, and Canada, the study underscores the importance of inclusive legal definitions that address the complexities of sexual violence and its impact on all individuals. By advocating for the redefinition of legal terms, public awareness initiatives, and stronger enforcement mechanisms, this research calls for a transformative shift in India’s approach to addressing sexual violence, ensuring justice and dignity for all victims regardless of their gender identity. The research employs a doctrinal methodology, analyzing legal texts, statutes, and case law to assess the existing rape laws in India. It also includes a comparative study of gender-neutral rape laws in other countries to propose legal reforms for greater inclusivity.
KeyWords : Keywords: Gender-neutral rape laws, sexual violence, constitutional equality, male victims, transgender rights, inclusivity, socio-cultural, non-binary individuals, sexual violence stigma.
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Safeguarding National Security In Outer Space: A Comparative Study Of Policies And Normative Structures

Author(s) : Raunak Sood & Dimpal T. Raval

Abstract This paper examines the critical intersection of national security and space resource activities, analysing legal and policy frameworks across major spacefaring nations. Through analysis of international submissions, national laws, and scholarly works, it identifies key challenges that are unregulated private sector involvement, dual-use technologies, and the absence of binding norms to prevent harmful interference. The study proposes an eight-pillar National Security Doctrine for Space Resource Activities, emphasising authorisation regimes, cybersecurity, and international cooperation. Findings reveal fragmented governance favouring advanced nations, leaving developing countries vulnerable. Recommendations include legislative reforms, institutional coordination, and multilateral measures through COPUOS to ensure equitable and secure participation in space resource exploitation while mitigating militarisation risks.
KeyWords : Keywords: space resource activities, national security, outer space governance, dual-use technologies, national security doctrine
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Undermining Autonomy: The Constitutional Challenge Of The Waqf (Amendment) Act, 2025

Author(s) : Khabbab Ahmad & Dr. Anjay Sharma

Abstract The Waqf (Amendment) Act, 2025 represents a paradigm change in the management of Muslim religious endowment in India, and contains some provisions that will improve the transparency, accountability, and supervision by the government. But its enforcement has occasioned constitutional debate ending with an impending case to the Supreme Court of India. The key elements of the controversy include the clauses that require the appointment of non-Muslim representatives to Waqf Boards, limitation of civil courts authority and expansion of the state dominance on the waqf property all of which put forth burning issues of religious independence, federalism and minority rights. The paper reviews the constitutional concerns of the Act in terms of inclusion of non- Muslim members, limitations on civil court jurisdiction, and increased state control over waqf lands etc. This study critically evaluates the Act's important elements which demonstrates how the Act may jeopardize minority rights and the secular structure of the Indian Constitution. Against the backdrop of the upcoming Supreme Court case, possible constitutional conclusions are critically assessed, and specific reform recommendations are offered in the paper. The following recommendations will help to balance the legitimate objectives of transparency and efficiency with the constitutional right to freedom of religion and protection of the minorities, so that the reforms in the governance are not used at the cost of the secular and federal character of the Indian Constitution.
KeyWords : Keywords: Waqf Amendment Act 2025, Muslim Endowments, Religious Autonomy, Article 26, Minority Rights, Article 29 and 30Federalism, Basic Structure Doctrine, Judicial Review, Constitutional Law, India.
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Environmental Jurisprudence and the Legality of Ex-post Facto Clearances: A Sustainability Assessment

Author(s) : Neethu M S, Dr. S T Naidu & Vishnu CH

Abstract “Ex-post facto environmental clearances” represent a significant challenge within the realm of environmental law. This paper examines the legality and sustainability of such clearances, emphasizing the potential conflicts between economic development and environmental protection. Ex-post facto clearances are often justified as necessary for rapid development; however, they undermine foundational principles of environmental assessment and regulatory compliance. This study begins by defining ex-post facto clearances, detailing their legal frameworks, and exploring the rationale behind their use. A critical analysis of relevant case law reveals the tensions between judicial interpretations and legislative intent. The environmental implications of these practices are substantial, leading to increased degradation of ecosystems, adverse public health outcomes, and negative socio-economic impacts on vulnerable communities. The paper further investigates the challenges of balancing development and conservation, emphasizing the importance of stakeholder engagement and sustainable practices. Recommendations for legal reform are proposed, advocating for stricter regulatory measures, enhanced transparency, and the integration of sustainability principles into project planning. By fostering a more robust legal framework, it is possible to promote environmental integrity while accommodating necessary economic growth. Ultimately, this paper argues for a re- evaluation of ex-post facto clearances with respect to sustainabledevelopment, calling for a legal paradigm that prioritizes ecological health alongside economic aspirations.
KeyWords : Keywords: Ex-post Environmental clearances, Environmental Law, Sustainable Development, Regulatory Compliance, Ecosystem Degradation.
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Safeguarding Women In The Medical Profession: Legal And Institutional Perspectives

Author(s) : Dr. J.P.RAI

Abstract Protection of women in the medical profession requires not only the enforcement of laws but also a transformation in attitudes, where dignity, respect, and equality are embedded in every layer of the profession. Legal safeguards alone are not sufficient unless supported by institutional accountability, gender-sensitive work culture, proper grievance redressal mechanism, and widespread awareness among all stakeholders. A collective effort by the legal system, medical institutions, policy-makers, and society at large is essential to ensure that women medical professionals can work in environments that are safe, inclusive, and just.
KeyWords : Keywords: Protection of women, Workplace, Medical Profession, Sexual Harassment.
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