Juvenile Justice Act 2015: A Ground-breaking Adoption or a Dicey Alteration

By Anjana Mohan, Symbiosis Law School, Pune.

After years of constant discussion and arguments on whether to replace the Juvenile Justice (Care and Protection of Children) Act, 2000 and giving an apt description to who is a child and how can a child in conflict be tried under different scenarios of committing heinous crimes after the infamous gang rape that took place in Delhi in 2012 and how the juvenile involved was treated, the Juvenile Justice (Care and Protection of Children) Act, 2015 was finally adopted on the 15th of January 2016. The following gives a brief about the various rules and regulations introduced by the new Act and the analysis of the same to find out if there lies a need to substitute the existing rules with more acclimated ones to suit the morality of law. (more…)

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. A recent report of National Crime Records Bureau, 2013 shows that around 24,923 rape cases were recorded in India in the year 2012, out of which, in around 24,470 cases, which  is approx 98% of the reported cases the accused person was known to the victim, however, it is pertinent to note that the above data shows the record of only those cases which were officially recorded by the authorities The irony of the above stated data is that, most number of rape cases are not even recorded or reported to the officials. This practice is very common, mostly in rural areas of our country. If we will go by statistics, our national capital, Delhi has the highest raw number of rape reports among Indian cities. No wonder why it is called as rape capital of our county by many people! (more…)

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 the amended laws, we have bridged the gap between men and women and provided them with equal status. But the reality is, India still has a long way to go to make Indian women equal citizens in their own country. (more…)

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 when it occurs within the four-walls of a matrimonial home, it reduces the woman to the status of an object used merely for sexual gratification. Marital rape is possibly the worst form of offence that can be perpetrated on the body of a person as it scars the very soul of a person’s existence when the victim is supposed to live and lead a life with the perpetrator. Marital rape stems from the very root of sexual discrimination and gender bias. It is based on the notion that women are supposed to be subdued and submissive under the influence of men. Once married, a woman’s autonomy over everything she owns, including her body, transfers to her male partner, in the same way as all rights of use and enjoyment of property is transferred with the sale of an object. (more…)

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…)

Orchestra of “Women Apathy”

By Debayan Roy, Legal Practitioner, Law Graduate (AKK New Law Academy- 2009-2014).

As the ‘nukkad natak’ of government officials continued, Leslee Udwin’s riveting tale of a girl shredded into pieces of mortified horror received a standing ovation at New York. Is it just the West who celebrates every form of creativity throttled within India or is it our common human conscience which silently celebrates too? The ludicrous façade of reasons exemplarily highlighted by our ‘Security Guards’ to prohibit the screening of the documentary certainly calls for a debate. The ‘December Gang Rape’ was as much as an important event in Indian History compared to the breakthrough in the Indo-US Nuclear Deal. (more…)

Rohtak Gang Rape: Beyond the Outrage and the Law

By Aishwarya Dhakarey, Symbiosis Law School, Pune.

Being disabled should not mean being disqualified from having access to every aspect of life.

-Emma Thompson

We all have read about incidents wherein a woman after being raped turned into a schizophrenic or developed some mental abnormality. What about victims who were already suffering from some mental ailment? Anything worse that could happen to them?

The maimed body of a twenty eight year old mentally challenged Nepalese woman residing in Rohtak was found dumped in the Rohtak-Hisar Highway in the wee hours of February 4. The heartrending account of her gang rape which lasted for three hours was picked up in the newspapers the next day. The nation was shocked yet again. This blood-curdling incident has once again raised an incessant demand for justice and equity. (more…)

Horrors of Rape Examination in India: The Controversial Two Finger Test

By Neelanjana Paul, KLE Society’s Law College, Bangalore.

A lot of things can be done with two fingers. Eat, Whistle, Write, even the sign for Victory.  But what definitely should not be done is to test someone for rape. For a rape survivor, it is a never ending nightmare which entails as the investigation is carried on. What mostly instils fear in the minds of the survivors is the controversial two-finger test. After years of protests from social activists and survivors’ groups, the government has finally put together a new series of guidelines for how to treat Indian rape survivors. In particular, the guidelines address the controversial Two-finger Test (TFT), a commonly-used procedure that survivors have described as incredibly traumatic, and critics have decried for being unscientific. (more…)