Gender biased laws in India: Why are only women considered victims?
Legal

Gender biased laws in India: Why are only women considered victims?

Generally, it is assumed that women can never be predators but only victims; one reason for this mentality is the definition of offences one beholds. In India, men's modesty (sexual dignity) is not recognised by criminal law because even the definitions under criminal law believe that modesty is an attribute that is only related to women. For example, Rape, as per the definition under IPC, mainly focused on penile-vaginal intercourse; however, after the 2013 criminal law amendment, penetration of any object was also included. 

Continue Reading about 6 days ago
Uttarakhand Resort Murder Case
Legal

Uttarakhand Resort Murder Case

Nanavati murder case, the Tandoor murder, the child killers (Renuka Shinde & Seema Gavit), the Sheena Bora murder case, and so many more, India has been witnessing bizarre and horrific events of murder since old times. Similarly, if a politician or his family member commits a crime later concealed with the help of someone in power so, nowadays, situations like these are extremely typical in India. At the very least, those granted the power to lead this country must not abuse that authority. In a recent incident, our country has again seen a heinous crime where an accused who is politically powerful near about escaped from his crime, however, the case came into the limelight, sparking a ray of hope that one-day justice will be served. At the same time, questions popped up in our minds are; whether Indian criminal laws are stringent enough to completely end these crimes, what is the punishment of murder prescribed by our criminal law and more. So, let's discuss all these in this article.

Continue Reading about 7 days ago
Honour killing in India
Legal

Honour killing in India

Honor killing has been prevalent in India, especially in the North, for a long time. The term "Honor Killing or Honour Killing " refers to the homicide of a family member by other family members who believe that the victim violated community norms and has brought shame to the family. Due to this crime, many youths in India have been killed to date. It is because so-called honour killings are based on the belief that women are objects and commodities, not human beings endowed with dignity and rights.

Continue Reading about 9 days ago
Stalking laws in India
Legal

Stalking laws in India

Although stalking is frequently written off as simple, innocent behaviour, it can be frightening and upsetting for the victim. It is repeated and unwanted surveillance by a person or group towards another person; in a simpler sense, one can co-relate stalking to harassment and intimidation as the victim ultimately has to take the damage, relocate, change employment, and occasionally change their identity to escape the stalker.

Continue Reading about 10 days ago
Eve teasing in India
Legal

Eve teasing in India

Eve teasing is a serious crime, even if it's not considered as one, as it is harassment of women in public places like the workplace or streets. It can be committed with a sly whistle, casual touch, humming a suggestive song, etc. Indian criminal laws prescribe punishment for the same as it is a gendered crime against women where only men can be the perpetrator. We have also seen Indian films depicting mild teasing accompanied by a song and dance that mostly results in the female protagonist submitting to the male protagonist's advances in the end. So, many youths tend to replicate this example shown on screen in their real lives; hence referred to as the “Roadside Romeos”.

Continue Reading about 10 days ago
Voyeurism as a crime: Section 354C IPC
Legal

Voyeurism as a crime: Section 354C IPC

Voyeurism is the most prevalent and potentially illegal sexual conduct. It is the practice of watching other people's sexual activities without their consent. In this type of offense, physical contact is not there, even if the sexual crime is in nature. According to the recent reports by NCRB, the total cases of voyeurism disposed of by Police in the year 2021 is 1403. Although these occurrences are recorded, many cases are not, either by the victims or their families. The complexity of the criminal justice system, lack of awareness of the criminal procedure, and reluctance to report sexual offenses to the police can all make victims of sexual crimes hesitant to do so. Here in this article, we’ll look into the meaning of voyeurism, various provisions rendered for voyeurism under the Indian Law System, and how a woman can deal with it. 

Continue Reading about 12 days ago
Theories and types of punishment in India
Legal

Theories and types of punishment in India

Humans have always been capable of dreaming brutal ways to punish alleged witches, offenders, etc. Even the penal system in ancient India had also been very ruthless. So, it would not be wrong to say that for ages, extremely violent and brutal methods of execution and punishments have come and gone in the entire world; few of these included pushing off the cliff, being crushed by an elephant, boiling method, blood eagle, and whatnot. 

Continue Reading about 13 days ago
Dr. Justice Dhananjaya Y Chandrachud: Most popular Judge & his landmark cases
Legal

Dr. Justice Dhananjaya Y Chandrachud: Most popular Judge & his landmark cases

Justice DY Chandrachud is considered one of the most hailed and progressive voices in the Supreme Court. During his service in the Supreme Court, he has been on the highest number of Constitution Benches (five judges or more), which have been constituted to hear matters on constitutional questions. He has delivered various judgments on Indian constitutional law, human rights, gender justice, public interest litigation, commercial law, and criminal law. 

Continue Reading about 17 days ago
Bail and Arrest: Everything you need to know
Legal

Bail and Arrest: Everything you need to know

Arrest and bail are the two important concepts in Criminal Law. An arrest is made as a preventive measure to bring the accused into lawful custody and to avoid any hindrances in the investigation during the trial. Bail is considered a matter of right, and refusal of bail restricts personal liberty guaranteed under Article 21 of the Constitution of India.

Continue Reading about 20 days ago
What is Digital Rape? Laws & Punishment
Legal

What is Digital Rape? Laws & Punishment

“Digital rape,” does this has anything to do with crime committed online? Is the body of the victim actually involved in digital rape? Many of you might have believed that digital rape means cyber crime or sexual offense committed online with no actual involvement of a body. But this is not true! In English, the word ‘digit’ means toe, finger, and thumb, and penetrating the same against someone's consent, is known as digital rape; it has nothing to do with cybercrime. Most of you are unaware of this term, is because, in the past, it was considered molestation and not rape. In this article, let’s discuss rape laws in India, the meaning of digital rape, the inclusion of digital rape in our country’s criminal code, and many more.

Continue Reading about 28 days ago
Bilkis Bano Rape Case: Why rape convicts were released?
Legal

Bilkis Bano Rape Case: Why rape convicts were released?

All the 11 convicts sentenced to life imprisonment in the 2002 Bilkis Bano gang rape case walked out of the Godhra sub-jail after the Gujarat government permitted their release under its remission policy. A special CBI court in Mumbai sentenced all the accused in 2008 on the charge of gang rape and murder of seven members of Bilkis Bano’s family. Their conviction was also upheld by the Bombay High Court.

Continue Reading about 1 months ago
Salman Rushdie Attack: Attempt to murder & book ban
Legal

Salman Rushdie Attack: Attempt to murder & book ban

Ahmed Salman Rushdie was born in Bombay on 19 June 1947, During British Rule, into a Kashmiri Muslim that is an Indian family. He could be the son of Anis Ahmed Rushdie, a lawyer-turned-businessman who is Cambridge educated. Rushdie's father was dismissed through the Indian Civil Services (ICS) Rushdie has three sisters. Rushdie grew up in Bombay and was educated in the Cathedral and John Connon School in Fort, South Bombay; before moving to England, he attended Rugby School in Rugby.

Continue Reading about 1 months ago
Can government freebie promises be banned in India: SC raises concerns
Legal

Can government freebie promises be banned in India: SC raises concerns

Five kgs of rice, a laptop, a cycle, a 2- BHK flat etc., all these for free free free! You might have heard this from various political parties during election campaigns for the vote bank. So, are these “fokat ka maal ya muft ka tohfa?”. These are nothing but actual government freebies, in simple words, any goods or services that the government offers to the citizens for free. Freebies can include both free goodies or a scheme offering services for the people. There are several other examples of freebies distributed by the political parties in many states, such as the free DTC buses in Delhi, 1 lakh rupees to newly wedded brides in poor families in Telangana and a bunch of last-minute schemes by the Rajasthan Government etc. 

Continue Reading about 2 months ago
Blasphemy law in India : How India fights blasphemous attacks?
Recent Updates

Blasphemy law in India : How India fights blasphemous attacks?

In search of Gods, are humans losing humanity? The act of beheading of a Hindu tailor in Udaipur for a social media post supporting Nupur Sharma over her “blasphemous” remarks against Prophet Muhammad had set the entire nation on fire and was considered by the Centre as an act of terror. So, the question here is, "Is there an urgent need for blasphemy laws in India?" What are these laws? Will implementation of such laws help in combating these terror incidents? In this article, we will be discussing all these issues. 

Continue Reading about 2 months ago
Criminal Procedure Identification Bill 2022
Criminal Law

Criminal Procedure Identification Bill 2022

It is an undisputable truth that the conviction rate in our country is very low & the conviction in IPC offences is about 40%. In states like West Bengal, Andhra Pradesh, Telangana, Gujarat, Odisha and Karnataka it is less than 10%. In India, 9 out of 10 accused in sexual offences are let off in these states.

Continue Reading about 5 months ago
Marital Rape Laws in India
Legal

Marital Rape Laws in India

Does a woman or man lose their degree of sexual autonomy after marriage? Hon’ble Justice DY Chandarchud took a stand in the negative on the Right to say “no” (to sex) after marriage. It is generally believed that either of the spouses must ensure each other’s approval on sexual intercourse after marriage but in ancient India, marital rape was not even accepted as an issue.  The primary reason behind this mentality was the patriarchal framework of Indian society and that women were considered a ‘property’ or a ‘chattel’ of their husbands. This does sound orthodox! However, in present India, courts are taking up cases based on this issue although India is among the 36 countries where marital rape is not yet criminalized, unlike 150 other countries. Read this article to know about the pros and cons of criminalizing marital rape and judicial precedents!

Continue Reading about 7 months ago
Right against Sexual Harassment –A Fundamental Right
Constitutional Developments

Right against Sexual Harassment –A Fundamental Right

According to the recent report of the National Crime Records Bureau on Crime in India, there were 17,003 total reported cases of sexual harassment in the year 2020. Despite the pandemic and with most people working from home, still, 485 incidents of sexual harassment at the workplace were reported. Further, a study shows that male suicides are 4 times more than female suicides at a workplace. Thus, any person can be subjected to this shameful act, as it is not just a crime against the body, but it is a crime against the soul.

Continue Reading about 8 months ago
Anticipatory Bail under CrPC and its Laws
Criminal Law

Anticipatory Bail under CrPC and its Laws

Personal liberty is a fundamental right guaranteed by Article 21 of the Indian Constitution as a natural, vital, and essential right of individuals. This right is included in the Indian Constitution's immutable basic structure. When a person is suspected of committing a crime, the legal system is obligated to arrest them, bring them to trial, and punish them if they are found guilty. An individual's personal liberty is taken away when he is arrested, and securing bail usually sets him free. The right to personal liberty is intrinsically tied to the concept of bail. The right to secure bail stems from sections 436, 437, and 439 of the Code of Criminal Procedure, 1973 ("Code"), as well as the aspect of anticipatory bail added by the Law Commission's 41st report.

Continue Reading about 11 months ago