Categories

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.

Interpreting Provisions of The Armed Forces (special Powers) act, 1958

The Armed Forces Special Powers Act (AFSPA) was implemented by Indian government in 1958 in the context of separatist movements and the violence caused by them. It has received mixed reactions from across the country and has always been a debatable issue. The authors after a detailed analysis have concluded that there is nothing wrong with AFSPA as a law, but it is prone to more negative construction than positive construction. The criticism of the Act clearly outweighs the benefits provided by it. So, for a more successful implementation of the Act, more amendments are required that leave no lacunae in the interpretation of its provisions.

Public Interest Litigation, Social Action Litigation & Private Attorneys Of Law

It is because of a system for Public Interest Litigation that the Indian judiciary has been able to help in cooling down a few controversial policy questions. One could think of the controversy about the reservation of seats for SCs/STs and other backwards classes in employment or educations institutions, the government policies of liberalisation and privatisation and the contested height of the Narmada dam as examples of this kind of contribution. However, it is critical to ensure that PIL does not become a back-door to enter the temple of justice to fulfill private interests, settle political scores or simply to gain easy publicity. While critics have been persuasive when pointing to particular cases, the sheer number of cases, as well as the variation in tendencies over time and among court benches, has made reaching a general conclusion difficult.