Category: Women & Criminal Law

Behind the Guise of ‘Guru’: Sexual Harassment Against Students

By Anonymous Editor’s Note: Gurus, or teachers have always been thought of as the most noble, most selfless beings. They have always been thought of as the candle that burns itself to provide light to its students.  In the recent times, teachers have been in the news for all the […]

Criminal Law (Amendment) Act, 2013: Sexual Offences

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.

Harmful Traditional Practices: Crimes Against Women Under The Garb Of Custom And Tradition

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.

Sexual Offences: Liability and Punishment

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.

Female foeticide

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 […]

Unionisation of sex workers in India

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. […]

A Critical Overview Of Offences Against Women Under The Indian Penal Code

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 offences against women. The marital offences against women include bigamy, adultery, criminal elopement among others. The one that is […]

Comparison and critical analysis of the rape laws before and after the Criminal Law Amendment (2013)

Satwik Singh WB NUJS “Editor’s Note: The paper is a comparison and a critical analysis of the rape laws in India before and after the Criminal Law Amendment Act of 2013 which not only introduced many new sexual offences but also made punishments and penalties more stringent in an effort […]

Crime, Crime Rates and Control Techniques: A Statistical Analysis

By using the data of National Crime Records Bureau , the authors have examined the overall trends and characteristics of crime, crime rates and crime control techniques in each stage of the criminal justice system in India. From the data analyzed, it has been determine that economic, political, and societal factors have played a crucial role in the occurrence of crime and crime control practices. Recent phenomena, like the financial crisis and the current political stalemate in India, seem to have contributed to this disturbing increase in crime. If these factors can be stabilized, then we may anticipate the improvement of the crime situation in India.

Sexual Harassment At Workplace (Prevention, Prohibition And Redressal) Act, 2013: A Critical Analysis

Aasawari Dogra & Nimrit Kaur Ahluwalia Army Institute of Law, Mohali “Editor’s Note: The paper is a comprehensive analysis of the entire Sexual Harassment at the Workplace (Prevention, prohibition and Redressal) Act, of 2013 and also has recommendations from the author.” Abstract: Over the years, women in our society have […]