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 of the Indian Penal Code, which failed to include marital rape even after the Justice Verma Committee recommeded that it be made a crime. The […]
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.
Due to some social structures, traditions, stereotypes and attitudes about women and their role in society, they become particularly vulnerable to certain crimes. Fundamentalist groups often center on controlling women, using cultural arguments against women’s rights. Moreover, most women in developing countries are unaware of their basic human rights. It is this state of ignorance which ensures their acceptance and, consequently, the perpetuation of harmful traditional practices affecting their well-being and that of their children. Even when women acquire a degree of economic and political awareness, they often feel powerless to bring about the change necessary to eliminate gender inequality. Therefore, empowering women is vital to any process of change and to the elimination of these harmful traditional practices.
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 Gayatri Loomba The West Bengal National University of Juridical Sciences, Kolkata Editor’s note: Female foeticide is the gory practise of sex-selective abortion, which renders the girl child a victim of the highest degree of gender-rooted prejudice. This paper examines the factors leading to the continuance of this practice despite […]
By Tarunya Shankar Editor’s note: India recently decriminalized prostitution, making the profession legal but retaining brothel ownership as illegal. This afforded protection to women from abuse, social stigma and the paper examines a rising need for unionization of the industry, allowing them a forum in which to voice their grievances. […]
Tarunya Shankar Editor’s note: Prostitution and all activities related to it including solicitation, offering, and so on, have been deemed criminal offences by the State of California, with punishment extending upto 10 years and a fine. However, a large amount of citizens want this law to be scrapped and for […]
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 Committee Report, to address the prevalent inadequacies. This paper analyses in detail, the provisions of the amended Section 375 of the Indian Penal Code. It […]
By Jibin Mathew George, Tushar Bhardwaj, Siddhartha Srivasatava, Amity Law School, Delhi “Editor’s Note: In the wake of increasing crime against women, there is an incessant discussion about the laws that deal with offenses against women. The marital offenses against women include bigamy, adultery, criminal elopement among others. The one that is […]