Criminal law
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Incarceration And Parity: A Comparitive Study On Rights Of Women Convicts
In India, women have been given a position of honor and admiration in the society. The Constitution of India recognizes equality towards women in all facet of their life. The State has an obligation towards safeguarding the basic human rights enjoyed by a woman and to ensure that the essentials of various International Conventions with…
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Intersectionality In Carceral Spaces: Rights Of Women Prisoners In India
“A prison is a place of punishment, deterrence and reformation.”– Jeremy Bentham Prisons are often imagined as neutral spaces, maybe sites of punishment, rehabilitation, and legal accountability. However, in reality, they are deeply engraved with the unequal social fabric of the society that defines who is policed, prosecuted, and imprisoned. Women who belong particularly to…
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Justice Under Duress: The Imperative For Anti-Torture Legislation In India
Every year thousands suffer in silence behind closed doors, as those entrusted to protect become the perpetrators, shattering lives and undermining justice. As India prepares to celebrate more than 75 years of its Independence, a pressing question of human rights comes to the forefront: the persistent custodial torture and abuse in the national discourse. This…
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Mediation in Criminal Cases: Legal Perspectives | Md. Imran Wahab, IPS writes
The Author, Md. Imran Wahab, IPS, is the Inspector General of Police in West Bengal. Mediation, a core component of Alternative Dispute Resolution (ADR), is traditionally associated with civil and family law matters. However, its application is increasingly being explored within the criminal justice system, particularly for non-violent and compoundable offenses. This form of criminal…
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E-Vulnerability: How Cybercrimes Are Entangling Youth As Both Victims and Perpetrators
The importance of cybercrime, particularly through the Internet, has increased as computers have become indispensable to various sectors, such as government, entertainment, commerce, etc., which are made punishable by the Information Technology Act, 2000, or subject to penal liability under the Bharatiya Nyaya Sanhita, 2023. Cybercrime is the use of a computer to carry out…
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Spousal Rape: A Contemporary Understanding
In this article we look at two judgments related to the same sections of the Indian penal law namely, marital rape; one judgment from the High Court of Karnataka dated 23 March 2022,; being Writ Petition 48367 of 2018[i]; (clubbed with other petitions) and one from the High Court of Chhattisgarh, being CRA No. 891/2019…
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Why spirituality matters for Criminal Jurisprudence- An Explanation
The fascination with “spirituality” is a distinctive feature of our contemporary age[i]. “Spirituality” refers to an aspirational perspective on life’s purpose and behavior. In a larger sense, this refers to lifestyles and behaviors that represent a vision of human existence and how the human self will reach full consciousness. “Spirituality” has been considered as a…