VOL. VIII NLIU LAW REVIEW ISSUE II NLIU LAW REVIEW VOLUME -VIII ISSUE – II OCTOBER, 2019 NATIONAL LAW INSTITUTE UNIVERSITY KERWA DAM ROAD, BHOPAL - 462 044 (M.P.) VOL. VIII NLIU LAW REVIEW ISSUE II The NLIU Law Review is Published by the students of National Law Institute University, Bhopal, India. The NLIU Law Review publishes material on subjects of interest to the legal profession. It invites unsolicited manuscripts for publication. Such manuscripts should be sent in MS Word (.docs format) to [email protected] All citations and text generally conform to the Bluebook: A Uniform System of Citation (20th ed. 2015). All rights reserved. No article or part thereof published herein may be reproduced without the prior permission of the NLIU Law Review. For all matters concerning rights and permission, please contact NLIU Law Review at [email protected] The views expressed in the articles published in this issue of NLIU Law Review are those of the authors and in no way do they reflect the opinion of the NLIU Law Review, its editors or National Law Institute University, Bhopal. Recommended form of citation: (2019) 2 NLIU Law. Rev. VOL. VIII NLIU LAW REVIEW ISSUE II PATRON-IN-CHIEF Hon’ble Justice R.S. Jha Acting Chief Justice, High Court of Madhya Pradesh, India PATRON Prof. (Dr.) V. Vijayakumar Vice Chancellor National Law Institute University, Bhopal FACULTY ADVISOR Prof. (Dr.) Ghayur Alam Ministry of HRD Chair Professor of IP Law, National Law Institute University, Bhopal VOL. VIII NLIU LAW REVIEW ISSUE II ADVISORY PANEL Hon’ble Justice Hemant Gupta Supreme Court Judge Hon’ble Justice S.S. Nijjar Former Supreme Court Judge Hon’ble Justice P.P. Naolekar Former Lokayukt, Bhopal, Government of Madhya Pradesh, India Hon’ble Justice Randall R. Rader Former Chief Judge, United States Court of Appeals for the Federal Circuit, Washington DC Hon’ble Justice Ajit Singh Chief Justice, High Court of Guwahati, India Currently appointed as the first Lokayukta of Odisha Hon’ble Justice Satish C. Sharma Judge, High Court of Madhya Pradesh, India Prof. Ranbir Singh Founder Vice-Chacellor, National Law University, New Delhi, India Prof. Timothy Lomperis Professor Emeritus of the Department of Political Science, Saint Louis University Prof. Iqbal Singh Professor, Duke University, Durham, North Carolina, USA VOL. VIII NLIU LAW REVIEW ISSUE II PEER REVIEW PANEL Aditya Goyal Associate, Chamber of Mr. Akshay Makhija (Central Government Standing Counsel), New Delhi. Arindam Bhatacherjee Associate, Khaitan & Co., Kolkata. Deeksha Manchanda Senior Associate, Economic Laws Practice, New Delhi. Devyani Gupta Advocate, Chambers of Mr. Amit Anand Tiwari, Advocate on Record, Supreme Court of India, New Delhi. Karan Bharihoke Standing Counsel for Punjab, Advocate on Record, Supreme Court of India, New Delhi. Gaurav Sharma Associate, Khaitan & Co., New Delhi. Sankalp Sharma Independent Legal Practice at Sankalp Sharma and Associates, Gwalior. Shivani Vij Advocate, Chambers of Mr. Gautam Narayan, Advocate on Record, Supreme Court of India, New Delhi. Gautam Aredath Legal Executive, Wipro Limited, Bangalore. Rohan Harne Associate, Chamber of Advocate Sankalp Kochar, Jabalpur. Kaustubh Rai Associate, Cyril Amarchand Mangaldas, Mumbai. VOL. VIII NLIU LAW REVIEW ISSUE II GENERAL STUDENT BODY OF NLIU LAW REVIEW 2018-19 EDITOR-IN-CHIEF Avani Mishra CONTENT REVIEW BOARD Content Board Heads Aihwarya Nair & Prabal De Fourth Year Nidhi Kulkarni Kashish Mahajan Saara Mehta Akshay Sharma Third Year Charu Vyas Doorva Tripathi Kuhoo Mishra Harita Putrevu Second Year Anoushka Ishwar Diya Gupta Rayana Mukherjee Ritwik P Srivastava Saavni Kamath Arundhati Diljit TECH REVIEW BOARD Technical Board Heads Utsav Mitra and Iravati Singh Fifth Year Rohini Dayalan VOL. VIII NLIU LAW REVIEW ISSUE II Fourth Year Ravleen Kaur Simranjeet Kaur Farah Naeem Third Year Tanvi Prabhu Muskan Agarwal Ishani Sahai Avani Airan Pranjal Agarwal Garima Mittal Kriti Mahajan Second Year Hrishikesh Bhise Sana Sarosh Sneha Sanyal EDITORIAL POOL First Year Ibban Javid Charvi Sharma Diksha Bhatt Khushbu Turki Shruti Mishra Naman Gowda MANAGERIAL BOARD Managerial Board Head Divyam Sharma Fourth Year Nirjhar Sharma Sukriti Jha Aryan Gupta Third Year Tanya Nair Ileina Srivastav Second Year Utsav Garg Kartikey Bansal Mansi Mishra Palak Kumar First Year Mahek Gupta Aura Pandey Payal Dubey Amritya Singh VOL. VIII NLIU LAW REVIEW ISSUE II GENERAL STUDENT BODY OF NLIU LAW REVIEW 2019-20 EDITOR-IN-CHIEF Divyam Sharma CONTENT REVIEW BOARD Content Board Heads Prabal De & Doorva Tripathi Fourth Year Charu Vyas Harita Putrevu Third Year Anoushka Ishwar Diya Gupta Rayana Mukherjee Ritwik P Srivastava Saavni Kamath Arundhati Diljit Second Year Khushbu Turki Charvi Sharma Aadya Bansal Koustav Bhattacharya Diksha Bhatt TECH REVIEW BOARD Technical Board Heads Utsav Mitra and Iravati Singh Fifth Year Simranjeet Kaur Fourth Year Tanvi Prabhu Muskan Agarwal Ishani Sahai Avani Airan Pranjal Agarwal Garima Mittal Kriti VOL. VIII NLIU LAW REVIEW ISSUE II Third Year Hrishikesh Bhise Sana Sarosh Sneha Sanyal Second Year Navya Saxena Naman Gowda Shashwat Joshi Charvi Sharma Shruti Mishra EDITORIAL POOL First Year Samavi Srivastava Anushree Chandra Bhawna Lakhina Akshay A. Karthik P. Sarma Raghav Srinivas Vibhu Pahuja Rishitosh K. Akshaya Tanishka Saxena MANAGERIAL BOARD Managerial Board Head Saumya Agarwal Fourth Year Tanya Nair Ileina Srivastav Third Year Utsav Garg Kartikey Bansal Mansi Mishra Palak Kumar Second Year Mahek Gupta Aura Pandey Payal Dubey Amritya Singh First Year Arushi Bhagotra Namrata Gandhi Siddharth Sisodia Rishika Jain Akshat Shukla VOL. VIII NLIU LAW REVIEW ISSUE II CONTENTS FOREWORD MESSAGE FROM THE PATRON-IN-CHIEF……………………..i MESSAGE FROM THE PATRON…………………………………ii MESSAGE FROM THE DIRECTOR OF THE INDIAN FOUNDATION…………………………………………………….iii NOTE FROM THE FACULTY ADVISOR……………………….vi EDITORIAL NOTE………………………………………………..ix KEY-NOTE ADDRESS RELIGION AND GENDER JUSTICE…………………………..210 Prof. Vinod Dixit ARTICLES DOES YOUR GOD SATISFY THE CONSTITUTIONAL TEST? - ANALYSING THE ‘ESSENTIAL RELIGIOUS PRACTICES DOCTRINE’ IN LIGHT OF THE SABARIMALA VERDICT…217 Rajat Sinha & Stuti Bhargava GULPING THE SPIKE: RATIONALISING AFSPA…………...240 Deepanshu Poddar and Vrinda Aggarwal VOL. VIII NLIU LAW REVIEW ISSUE II FEMALE GENITAL MUTILATION: HOW ISLAM AND FUNDAMENTAL RIGHT TO RELIGION STAMP OUT AND CONFUTE IT…………………………………………………….264 Deeksha Sharma & Kratik Indurkhya A RELOOK AT THE ADMISSIBILITY OF ILLEGALLY OR IMPROPERLY OBTAINED EVIDENCE……………………….292 Paras Marya ESSENTIAL RELIGIOUS PRACTICES IN LIGHT OF THE SABARIMALA JUDGMENT……………………………………307 Kanika Sharma CASE COMMENT JARNAIL SINGH v. LACHHMI NARAIN GUPTA: THE CASE THAT MUDDLES THE LAW ON RESERVATION IN PROMOTIONS…………………………………………………...323 Aparna Singh VOL. VIII NLIU LAW REVIEW ISSUE II MESSAGE FROM THE PATRON-IN-CHIEF i VOL. VIII NLIU LAW REVIEW ISSUE II MESSAGE FROM THE PATRON ii VOL. VIII NLIU LAW REVIEW ISSUE II MESSAGE FROM THE DIRECTOR OF THE INDIAN FOUNDATION I am extremely pleased to present Volume VIII Issue II of the NLIU Law Review to the legal fraternity. Last year, a symposium on Constitutional Law was organised by the NLIU Law Review, in collaboration with India Foundation. This issue of the Law Review has emerged as a result of the papers presented at the symposium. It also includes the speech given by Prof. V.K. Dixit (Professor, NLIU, Bhopal) in one of the panel discussions of the event. India Foundation is a research centre based in New Delhi that focuses on the issues, challenges and opportunities of the Indian polity. It aims to increase awareness and advocates its views on issues of both national and international importance. The Centre for Constitutional and Legal Studies of India Foundation specialises in the study and research of legal issues in the ever-evolving Constitutional framework of India. The Centre found its vision reflected in that of NLIU Law Review, which is to inculcate a culture of research and publishing among students and promote legal awareness. This led the Foundation to collaborate with NLIU Law Review in organisation of the symposium. The event took place over a period of two days. On the first day, papers were presented by students of law from across the country, whose submissions had been accepted after a thorough review process conducted by the NLIU Law Review. The presenters spoke on several contemporary issues of Constitutional Law, such as the doctrine of essential religious practices, female genital mutilation and reservation in promotions, and provided novel solutions to address the lacunae in the existing legal framework. The paper presentation was followed by panel discussions and plenary sessions on the second day. In the inaugural session, the eminent panelists were Justice A.P. Misra, Former Judge, Supreme iii VOL. VIII NLIU LAW REVIEW ISSUE II Court of India and Chairman, Legal Education Committee; Prof. N.L. Mitra, Former Director, National Law School of India, Bangalore and Founder Vice Chancellor, National Law University, Jodhpur; Prof. (Dr.) B.N. Pandey, Dean, Adamas University; Dr. V. Vijayakumar, Vice Chancellor, NLIU and Dr. Manoj Sinha, Director, ILI Delhi. The session was themed on “The Aberrations in Principles of Separation of Power,” and was moderated by Mr. Apurv Mishra, Senior Fellow, India Foundation. Subsequent to this, a plenary session on “Faith and the Indian Constitution” was held where eminent legal scholars and personalities, among them being Mr. Vikramjit Banerjee, Additional Solicitor General