Category: Gender

  • The Protection of Women from Domestic Violence Act: Recommendations and Solutions

    By Aratrika Choudhuri, WBNUJS, Kolkata. As the second part of a two-article series on the Protection of Women from Domestic Violence Act, this article seeks to outline key solutions and enlist recommendations, that would ameliorate the shortcomings in the provisions and implementation of the Act (which have been investigated in an earlier article  https://www.lexquest.in/protection-of-women-from-domestic-violence-act-a-critical-exegesis/). These recommendations…

  • Same Sex Marriage: The India Scenario

    By Vartika Aggarwal, Vivekanada Institute of Professional Studies. The term ‘homosexuality’ in the literal sense means, being sexually attracted to a person of the same sex as one’s own. Homosexuality entails, leading of life by an individual over which he/she has complete right as assigned to him/her by the Constitution of a nation,  a right…

  • The Criminal Law (Amendment) Act 2013:Practically impactful or just impressive on paper?

    By Shruti Sharma, Campus Law Centre, Delhi University. RAPE- An offence which is defined under Section 375 of the Indian Penal Code, 1860. It is punishable under Section 376 of the same with maximum punishment, which may extend up to life imprisonment plus fine. Rape is considered as the fourth most common crime against women in India.…

  • Does the U.S. Supreme Court Judgement Legalising Same Sex Marriages Matter to India?

    By Hita M. Agarwal, WBNUJS, Kolkata. If you are one of the 1.5 billion Facebook users over the world, you could not have possibly missed out on vibgyor marked profile pictures over the course of last week. For the uninitiated, the facebook.com/celebratepride filter marked the Obergefell v. Hodges judgement, which legalised same-sex marriage in all fifty…

  • Violence against Women

    By Vaishali Mahlyan, University Institute of Law and Management Studies. Violence against women in India is an issue which is rooted in the norm of our society.  Male dominating society, law favoring men, inadequate policing and judicial practices deny female victims proper protection and justice. We assume that with increasing participation of women in public life and…

  • Protection of Women from Domestic Violence Act: A Critical Exegesis

    By Aratrika Choudhuri, WBNUJS, Kolkata. As a part of a two-article series on the Protection of Women from Domestic Violence Act, this article seeks to outline the key shortcomings in the provisions and implementation of the Act. The next article will focus on recommendations that seek to ameliorate these limitations and to aid victims of such…

  • Marriage equality or a naturally sterile union: LGBT rights as decided upon by the Apex Court of U.S.A.

    By Anaida Kuthiala, Army Institute of Law, Mohali. A swift torrent of change rose when the U.S. Supreme Court in Obergefell v. Hodges on 26 June, 2015 ruled, by a 5-to-4 vote that the Constitution guarantees a right to same-sex  marriage in all 50 states. This decision is a culmination of decades of litigation and thus…

  • Female Genital Mutilation: A Human Rights Issue?

    By Saif Rasul Khan, Government Law College, Mumbai. Female genital cutting, female circumcision, and female genital mutilation are different terms used to describe the inhuman cultural practice of partially or totally removing the external female genetalia. The minor form of Female Genital Mutilation refers to the removal of the clitoris. The severe form of this practice is…

  • Rights of a woman when arrested

    Akash Agarwal, Amity Law School, Noida. When the women’s literacy rate is just 65.46% (as per census 2011), everyone can analyse their doleful condition prevailing in the society. Most of the women don’t even recognise the rights provided to them by the Constitution and other laws of India. One of the significant rights provided to women…

  • Marital Rape Law in India

    By Kartavi Satyarthi, National Law University, Jodhpur. “…… Marriage is for women the commonest mode of livelihood and the total amount of undesired sex endured by women is probably greater in marriage than in prostitution…..” ~ British philosopher and political activist Bertrand Russell Rape per se is an offence against women, violating her dignity and self-respect and…