The Untold Story of India’s Sold Brides

By Sajith Anjickal, National Law School of India University, Bangalore.

Bride trafficking is an unlawful activity wherein brides are bought and sold against their will only to be subjected to sexual and domestic slavery. It is one of those pervasive yet indiscernible crimes that affect women. India is home to a rather massive, organized and lucrative bride trafficking network. Women trafficked on the pretext of marriage are oppressed, deprived of basic rights, sold again as maids and eventually abandoned. The proliferation of the bride trafficking network can be attributed to the gender imbalance prevalent in majority of the States in India. And to make things worse, India lacks an effective statutory framework to curb the social evil of bride trafficking. (more…)

Acid Attack: The Ageless Horror

By Sunidhi Singh, Army Institute of Law, Mohali.

Violence is a crime against humanity, for it destroys the very fabric of society.”-Pope John Paul II

Acid attacks have become a frequent phenomenon in the present day world. ‘Woman staves off molestation attempt, attacked with acid’, ‘Unidentified men threw acid on a 35 year old woman’, ‘acid attack on a girl at Bandra station’, ‘a motorcycle-borne man splashed acid on an 18 year old software engineer’, ‘17 year old attacked with acid by spurned lover’ are the headlines of some of the most heinous acid attacks that have happened in India over the last few years. (more…)

The Mental Healthcare Act, 2017: An Analysis

By Prateeksha Shrivastava, Faculty of Law, Lucknow University, Uttar Pradesh.

The life of a person is characterized by his physical and mental well-being. Mental health means the ability of a person to set up a balance in life. Physical well-being of a person means coordination between different body parts and organs. Mental well-being is a psychological term. It affects a person’s emotions and efficiency. Mental illness refers to mental disorder characterized by alterations in mood or behavior. Psychologists, psychiatrists, nurses, etc. can help in the treatment of mental illness with the help of proper medication, counseling and therapy. (more…)

Women’s Right to Reproductive Freedom v. Human Rights

By Koshika Krishna, Rizvi Law College, Mumbai University.

The United States of America faces a dilemma. An NGO sobriquet ‘Planned Parenthood’ has come under the radar of public outrage. This initiative started with the motto ‘Care. No matter what’, aimed to introduce America into the new era of family planning, reduced teenage pregnancy and maternal mortality rates. It was highly lauded by the federal government of America. However in recent times, this mighty name has been smeared with myriad incidences. One of these evidenced a criminal conspiracy to make money off aborted baby parts while the other shows its workers engaged in sex selection scandals. Sparking off in the aftermath, debates over ‘abortion right and ethics’. The people have been divided over the contentions of pro-life and pro-choice hence raising, many significant questions on this front. For instance, how far do the statutes of ‘right to privacy’ stretch. Do they refuge a woman’s right to freely decide the fate of the foetus within her womb? Or should one, as assumed in many religions, heed to the opinion that a foetus from the day of its conception is a living being and hence entitled to being protected under the homicide laws as any other human? (more…)

Sheena Bora Murder Case: The elite society murder mystery

By Shrutika Garg, Jamnalal Bajaj School of Legal Studies, Banasthali Vidyapith.

Also known as the mother of all murder mysteries, the infamous Sheena Bora murder case came in the media’s glare and has eventually become one of the most mysterious cases in Indian history. Sheena’s alleged mother Indrani Mukherji, an Indian HR consultant and media executive, her ex- husband Sanjeev Khanna and her driver Shyam Rai have been questioned for her whereabouts. The twists and turns involved in this case are nothing short of the storyline in a daily soap opera.   (more…)

Sedition: Critical Interpretation

By Anshika Juneja, Symbiosis Law College, Pune.

KENNY- the Law of Sedition relates to the uttering of the seditious words, the publication of seditious libels, and conspiracies to do an act for the furtherance of a seditious intention. The Bombay High Court on Tuesday 22nd September,  directed the State not to implement its circular issued by the Home Department defining guidelines for the police to book people under sedition charges while hearing a public interest litigation (PIL) filed by Advocate Narendra Sharma, who practices in the Bombay HC, sought for quashing of the circular. A division bench of Justice VM Kanade and Justice Dr Shalini Phansalkar Joshi asked the government to file a detailed affidavit within two weeks or it would decide on the petition at the admission stage. (more…)

Death caused by Negligence

By Saurav Das, School of Law, Christ University.

Humans, by their nature itself, often divert from the boundaries of righteousness that they have set up for themselves. These diversions can be caused due to mistake, or they may even be deliberate and intentional. These acts invite various penalties, which too are the yielding of our mind. One of the examples of these yielding is tortious liabilities. Since its evolution in the Roman law, tort law has come a long way. This evolution has given the victims of acts committed without any intention of causing such damage, the opportunity to approach the courts for justice. One of the major examples of these acts are the acts committed by Negligence. Negligence means a failure to exercise the care that a reasonable and prudent person would exercise in like circumstances. It is the failure to perform a legal duty, which causes damage to the party. The ingredients to constitute negligence are: (more…)

Abetment of an Offence

By Priyanka Agarwal, Chaudhary Charan Singh University.

Abetment is an offence only if the act abetted would itself be an offence punishable under the Indian Penal Code or under any other law for the time being in force.

Chapter V, Sections 107 to Sections 120 of the Indian Penal Code,1860 are related with abetment. When several persons take part in the commission of an offence, each one of them may contribute in a manner and degree different from the others. (more…)