The recent pronouncement by the Supreme Court in Union of India v. K.A. Najeeb is being touted as a ray of justice for several accused arrested under the draconian Unlawful Activities (Prevention) Act (UAPA). Shivangi Banerjee analyses the judgement and highlights the implications it might have for future cases. She further elucidates the timeline of UAPA and narrates the story of its permanence.
By Digvijay Singh I am Chandrika I am Gayatri I am Fatima, Banu, Uma, I am Jayalakshmi, I am Saraswati I am ones of those
By Pranav Gupta, Symbiosis Editor’s Note: The author believes that some of the present laws in India discriminate against men. More specifically, the author discusses Section
By Shreshtha Garg & Anand Kr. Dubey Editor’s Note: The objectives are to study the role of human rights to improve the criminal justice system
By Ayush Choudhary, Amity Law School Centre-2 Noida Editor’s Note: The aftermath of the Nirbhaya Rape case in December 2012 was an overaching amendement to s. 376
Rape is one of the most heinous crimes and is often described as the “beginning of a nightmare” for the victim. In this paper, efforts have been made to identify how judiciary being the third pillar of the Constitution has played a vital role in finding the proper solution in rape cases. Sometimes through wide interpretations of the various provisions of legislation and sometimes by laying down landmark judgments where there were no specific laws.
Shabnam Saidalavi, School of Legal Studies, Cochin Editor’s note: Freedom of expression is a fundamental right that goes to the very heart of individual identity
The nation-wide outrage over the brutal gang rape and subsequent death of the physiotherapy intern in India’s very own capital city, New Delhi was the driving force behind the passing of the Criminal Law (Amendment) Act, 2013. It has been known all over as one of the most concrete steps taken by the Indian government to curb violence against women. Major amendments by the Act, not only widen the ambit of certain offences but also recognise new offences like acid attacks which earlier lacked a specific provision and definition in the Code. The Act is deemed to be one of the most important changes that have been made in the existing criminal laws namely the Indian Penal Code, the Code of Criminal Procedure and the Indian Evidence Act.
Sex related offences are a universal phenomena, which take place in every society in different circumstances and social settings. It may take the form of sexual violence, which sometimes cause severe and irreparable damage to the physical and mental health of the victims. Physical injury includes an increased risk of a range of sexual and reproductive health problems. Its impact on mental health can be equally serious as that of physical injury. Sexual offences, when they assume the form of sexual violence may lead to murder, suicide, acute depression, etc. of victims. It entirely disturbs the social well being of the victims because of stigmatisation and the consequential loss of status in their families and the neighbourhood. Theredore, it is vital that measures are introduced to end India’s tolerance of violence against women and girls. Policy and legal reform are needed to address the pervasive and damaging stereotypes surrounding rape. However, as the author has aptly put it, we must look beyond the natural human desire for retributive justice to seek comprehensive solutions, including sex-offender treatment programmes and restorative justice approaches that provide a true and lasting legacy of change.
By Kudrat Dutta Choudhary, Army Institute of Law, Mohali “Editor’s note: Among the fundamental rights that have been guaranteed to us by the Indian Constitution, Article
Anonymous Editor’s note: § 377 of the Indian Penal Code criminalises any “unnatural” offences with a with imprisonment for life, or extending to ten years,
Anonymous Editor’s note: A retired SC judge was accused of sexual assault on a blog. An article was was published which mentioned the blog post,
By Udisha Ghosh, Symbiosis Law School, Pune “Editor’s Note: The present analysis deals with a case that attempts to resolve issues such as if Section 167
By Soumya Singh Chauhan, UILS, Chandigarh Editor’s Note: The rape laws of the country were amended in the year 2013 after the Justice J.S. Verma
By Raunak Samdani, National University of Advanced Legal Studies, Kochi “Editor’s Note: Chapter VII of the Indian Penal Code deals with offences committed in relation
By Harpreet Kaur, UILS, Chandigarh “Editor’s Note: Child trafficking is generally defined as the process of recruitment, transport, transfer, harbour or receipt of a person
By Akhil Mahesh, National University of Advanced Legal Studies, Kochi “Editor’s Note: The Constitution of India grants freedom of religion and the Indian Penal Code