Criminal law
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Necrophilia: Unheard Voice Of Those Buried
Imagine a person who is mute and locked within a black box. Suddenly, a shadowy figure appears, gratifies their own desire with the person, and then disappears. Now, the individual cannot invoke Article 21 nor claim the status of a victim of sexual assault simply because they are not alive.Now imagine, someone rapes a person…
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Borders of Justice: What India Can Learn from Global Models of Criminal Reform
1. Introduction Where prison walls are groaning with twice their intended capacity and justice drags at the pace of paperwork, the idea of reform often seems pie in the sky. India’s criminal justice system, deeply ingrained in colonial legacies is confronting an unfathomable crisis of legitimacy. Prisons are operating at 250-400% of their sanctioned capacity,…
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Digital Trauma and Victimology: Rethinking Justice in the Age of Cybercrime
A teenager’s humiliation goes viral. Deepfake is a form of identity theft in which an individual takes on the identity of an unsuspecting professional. A survivor re-experiences their trauma whenever their name is searched. Now, where bruises and broken bones were once considered the most serious, they pale in comparison to the wounds that may…
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Therapeutic Jurisprudence and Healing-Centered Jurisprudence
Abstract This article traces the origins and development of therapeutic jurisprudence and healing-centred jurisprudence, two movements that have transformed the face of law by proposing a move from penal to restorative and rehabilitative paradigms of justice. Therapeutic jurisprudence, pioneered by David Wexler in 1987, focuses on the psychology of law processes and draws attention to…
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Witch-Hunting is Real. So Is Legal Apathy.
On the night of July 6th this year, in Tetgama village, Bihar, five members of a family, including three women, were brutally beaten and burned alive by a mob of nearly 200 villagers. The alleged reason: the family had been accused of practicing witchcraft following the death of a child. As per police reports, the…
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Euthanasia: Exploring Criminal Liability and Individual Autonomy
Abstract Euthanasia occupies a profound and intricate space where law, ethics, and medicine converge, prompting deep reflection on the boundaries of personal freedom and the state’s role in life-and-death decisions. It raises poignant questions about whether individuals should have the right to choose a dignified death and how societies balance this with the intrinsic value…
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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…