Marital Rape: The Indian Scenario

By Aparna Menon, Government Law College, Mumbai.

Marital rape, a contemporary term which means sexual perversion extended by the husband on to his wife without her consent in the due course of their legal marriage. It is non consensual intercourse obtained by the man with his wife through force, threat of force, violence in case of absence of consent of the spouse. This is a battering/sadistic or an obsessive form of sex which propagates masochistic ideas in the society and marital rape is one of those forms which has been evading the Indian Penal Code and hence, is not punishable. (more…)

Capital Punishment: Justice or Revenge?

By Bhanu Chopra, Government Law College, Mumbai.

“The penalty of death differs from all other forms of criminal punishment, not in degree but in kind. It is unique in its total irrevocability. It is unique in its rejection of rehabilitation of the convict as a basic purpose of criminal justice. And it is unique, finally, in its absolute renunciation of all that is embodied in our concept of humanity.”[1] (more…)

‘India’s Daughter’- Examining the Effectiveness of a Ban, or Lack Thereof

By Aishwarya Borgohain, University School of Law and Legal Studies, GGSIPU.

To forbid us anything is to make us have a mind for it.

– Michel de Montaigne

The release of the BBC documentary ‘India’s Daughter’ by filmmaker Leslee Udwin, and its consequent ban in India, has seen the launch of innumerable debates across social media. These debates are centered on the reasons for the ban, the efficacy and tenability of such a ban, as well as the nature of the documentary itself, and whether it may have – however inadvertently – done more harm than good. (more…)