Month: August 2021

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About Epiq

It is Epiq’s policy to comply with all applicable equal employment opportunity laws by making all employment decisions without unlawful regard or consideration of any individual’s race, religion, ethnicity, color, sex, sexual orientation, gender identity or expressions, transgender status, sexual and other reproductive health decisions, marital status, age, national origin, genetic information, ancestry, citizenship, physical or mental disability, veteran or family status or any other basis protected by applicable national, federal, state, provincial or local law. Epiq’s policy prohibits unlawful discrimination based on any of these impermissible bases, as well as any bases or grounds protected by applicable law in each jurisdiction. In addition Epiq will take affirmative action for minorities, women, covered veterans and individuals with disabilities. If you need assistance or an accommodation during the application process because of a disability, it is available upon request. Epiq is pleased to provide such assistance and no applicant will be penalized as a result of such a request. Pursuant to relevant law, where applicable, Epiq will consider for employment qualified applicants with arrest and conviction records.

Job Description

JOB TITLE

Senior Legal Associate, Document Review Services, Epiq Global Hyderabad, India

JOB RESPONSIBILITIES

Review documents for relevancy, privilege and other issues as directed by our clients.
Assist with research on technical and industry-specific issues;
Participate in QC review and prepare draft questions for escalations to clients;
Create, run, and validate complex searches.

KEY SKILLS AND COMPETENCIES REQUIRED:

Sound knowledge of the document review and e-discovery/litigation industry
Knowledge of litigation management software: Relativity, Xerox, and/or DocuMatrix
Industry specific subject matter knowledge/understanding
Proficiency with Microsoft Office tools (MS Word, MS Excel, MS PPT);
Familiar with the U.S. judicial system, understanding of legal fundamentals, methods, and procedures from the U.S. perspective
Good communication skills, both written and oral, strong English reading comprehension
Professional demeanor
Proficiency with Microsoft Office tools (MS Word, MS Excel, MS PPT);
Familiar with the U.S. judicial system, understanding of legal fundamentals, methods, and procedures from the U.S. perspective;
Analytical Skills: Independently solves complex problems;
Decision making: Exercises good judgment and assumes responsibility
Maintain quality standards as per service level commitments
Should be a Team Player, open to feedback, and contribute to building positive team spirit;
Ethics: Treats people with respect, keeps commitments, and works with integrity.

QUALIFICATION AND EXPERIENCE

LLB (three- or five-year program);
LLM (optional) India or abroad;
Work Experience: 3+ years of relevant experience.

If you like wild growth and working with happy, enthusiastic over-achievers, you’ll enjoy your career with us!

It is Epiq’s policy to comply with all applicable equal employment opportunity laws by making all employment decisions without unlawful regard or consideration of any individual’s race, religion, ethnicity, color, sex, sexual orientation, gender identity or expressions, transgender status, sexual and other reproductive health decisions, marital status, age, national origin, genetic information, ancestry, citizenship, physical or mental disability, veteran or family status or any other basis protected by applicable national, federal, state, provincial or local law. Epiq’s policy prohibits unlawful discrimination based on any of these impermissible bases, as well as any bases or grounds protected by applicable law in each jurisdiction. In addition Epiq will take affirmative action for minorities, women, covered veterans and individuals with disabilities. If you need assistance or an accommodation during the application process because of a disability, it is available upon request. Epiq is pleased to provide such assistance and no applicant will be penalized as a result of such a request. Pursuant to relevant law, where applicable, Epiq will consider for employment qualified applicants with arrest and conviction records.

Link to Apply-

https://epiqsystems.wd5.myworkdayjobs.com/en-US/Epiq_Careers/job/IND-Hyderabad-Sohini-Tech-Park-3rd-Floor-Financial-District/Senior-Legal-Associate_R0016972/apply?source=LinkedIn

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About UnitedLex

UnitedLex is a technology and legal services company committed to delivering full-scale Digital Transformation. The world’s most forward-thinking law departments rely on the company’s expertise in over 25 global jurisdictions. Founded in 2006, the team includes 3,000 legal, engineering, and technology professionals with major operations in 18 countries.
We create solutions that uniquely solve challenges, ranging from basic to bet-the-company. We fuse legal pedigree with business pragmatism and an overriding focus on our clients. We think holistically: We guide, design, implement, and financially commit to the innovative strategies and solutions we provide.
As a fast-growing company, we are committed to hiring talented individuals, providing a great workplace culture, continuously developing our employees, and providing interesting, challenging, and innovative work. Our global platform is the perfect place for hard-working, forward-thinking professionals from all walks of life to nurture and grow careers.

UnitedLex is committed to preserving the confidentiality, integrity and availability of all the physical and electronic information assets throughout the organization. Consistent with the UnitedLex ISMS policy and the ISO 27001 standard, every employee is responsible for complying with UnitedLex information security policies and reporting all security concerns, weaknesses and breaches.

Roles & Responsibilities

–   Work as a subject matter expert on Data Breach Analysis (DBA), review and management for US, UK and other jurisdiction clients for India Delivery centers
•   Identify/capture personal information within electronically stored documents. Examples include:
o   Personal Identifiable Information (PII)
o   Personal Health Information (PHI)
o   Payment Card Information (PCI)
•   Ensure quality standards are achieved
•   Work on client system through remote access
•   Maintains confidentiality of all organization and client information

Desired candidate profile

•   Any graduate/Postgraduate with 3+ yrs of experience in backend operations with LPO/BPO/KPO/ITES/Finance sector
•   Proven ability to build strong working relationships with colleagues and partner organizations
•   Ability to priorities between multiple complex projects/timelines
•   Good in written and Verbal communication
•   High level of positive attitude
•   Responsible to ensure accurate time tracking
•   Good decision-making ability
•   Ability to adapt to any process changes
•   Knowledge in Excel will be an added advantage
•   Strong attention to detail and the ability to conduct root cause analysis
•   Candidates with demonstrated experience in Data Breach Response, or Incident Response will be preferred
•   Knowledge and hands-on experience in breach notification and privacy laws around data breach scenarios is desirable but not must.

UnitedLex is committed to preserving the confidentiality, integrity, and availability of all the physical and electronic information assets throughout the organization. Consistent with the UnitedLex ISMS policy and the ISO 27001 standard, every employee is responsible for complying with UnitedLex information security policies and reporting all security concerns, weaknesses, and breaches.

Link to Apply-

https://ekkk.fa.us6.oraclecloud.com/hcmUI/CandidateExperience/en/sites/CX/job/30000568?utm_medium=jobshare

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About the Facebook company

Facebook’s mission is to give people the power to build community and bring the world closer together. Through our family of apps and services, we’re building a different kind of company that connects billions of people around the world, gives them ways to share what matters most to them, and helps bring people closer together. Whether we’re creating new products or helping a small business expand its reach, people at Facebook are builders at heart. Our global teams are constantly iterating, solving problems, and working together to empower people around the world to build community and connect in meaningful ways. Together, we can help people build stronger communities — we’re just getting started.Facebook is committed to providing reasonable support (called accommodations) in our recruiting processes for candidates with disabilities, long term conditions, mental health conditions or who are neurodivergent, and to candidates with sincerely held religious beliefs or requiring pregnancy related support. If you need support, please reach out to accommodations-ext@fb.com

Facebook seeks a highly motivated, team player to serve as Lead Counsel, Litigation, Regulatory for India. You will manage significant and complex litigation matters and advise internal teams on legal risks. The role requires good judgment, a strong work ethic, and a keen interest in learning about new technologies and areas of the law. This is a great opportunity to join a growing legal team and to work on novel issues in a fast-paced, fun environment. This is a full-time position based in our office in Singapore or possibly in India.

Lead Counsel – Litigation, Regulatory Responsibilities

Supervise and direct outside counsel on multiple litigation matters
Provide support to internal teams on legal requests related to third-party content
Work with cross-functional teams on a range of issues, including data protection, policy, product, and regulatory issues
Develop creative approaches to managing legal risks and resolving disputes
Ensure work product of the highest quality that furthers Facebook’s strategic goals
Open to travel where possible as and when required

Minimum Qualifications

LLB, JD or equivalent degree and excellent academic credentials
Minimum of 5+ years experience at a law firm or in-house or working in a senior counsel’s office as a litigator
Familiarity with Internet laws and issues, including issues relating to online platforms and intermediary liability
Candidates must be flexible and willing to work on projects in other areas

Link to Apply-

https://www.facebook.com/careers/resume/?req=a1K2K0000030RovUAE

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Facebook is seeking a talented, dedicated, and highly motivated counsel to work on Facebook’s Security and Law Enforcement Legal team, with a particular emphasis on India. The role requires the ability to work independently as well as effectively with large multi-stakeholder teams. We require an individual who is proactive, flexible, collaborative, diligent, and has demonstrated excellent legal and business judgment, strategic thinking, and solid communications skills. This position is a full-time position based in India. Lead Counsel, Security (India) Responsibilities

Develop and implement effective policies for processing legal requests and protecting user data
Advise on product developments and infrastructure projects, with specific focus on ecommerce/payments related products
Lead and execute criminal litigation strategy in relation to high-profile, precedent setting law enforcement matters
Develop strategic approaches to managing regulatory, criminal and policy legal risks and resolving disputes
Work closely with the company’s safety and security teams to protect the people who use our service from abuse
Support Legal and Public Policy teams’ engagement with regulators and legislators on safety and security policy
Collaborate with members of Public Policy, Legal, Community Operations, Product, Engineering and others on safety and security matters

Minimum Qualifications

6+ years of relevant experience advising technology or telecommunications companies as in-house or outside counsel on regulatory, safety and security matters, investigations, policy and criminal process
Experience strategically managing and handling contentious regulatory issues and/or criminal matters
Experience working with cross-functional teams and influencing stakeholders
Team player who builds effective relationships and works well with others
Ability to think strategically to solve legal challenges with attention to detail
Positive attitude and flexible mindset

Preferred Qualifications

Experience regionally on issues pertaining to data protection and analogous international laws
Experience with Indian regulatory/criminal law
Experience providing guidance to providers in responding to law enforcement requests or criminal matters
Experience with Mutual Legal Assistance Treaty requests, Letters Rogatory, or other forms of international cooperation
Experience with criminal litigation
Regional experience engaging with regulators and legislators on regulatory, safety and security matters preferred
Experience and knowledge of telecommunication regulatory frameworks desirable but not essential
Experience with U.S. law, including the Stored Communications Act, Wiretap Act, Pen Register/Trap and Trace Statute

About the Facebook company

Facebook’s mission is to give people the power to build community and bring the world closer together. Through our family of apps and services, we’re building a different kind of company that connects billions of people around the world, gives them ways to share what matters most to them, and helps bring people closer together. Whether we’re creating new products or helping a small business expand its reach, people at Facebook are builders at heart. Our global teams are constantly iterating, solving problems, and working together to empower people around the world to build community and connect in meaningful ways. Together, we can help people build stronger communities — we’re just getting started.Facebook is committed to providing reasonable support (called accommodations) in our recruiting processes for candidates with disabilities, long term conditions, mental health conditions or who are neurodivergent, and to candidates with sincerely held religious beliefs or requiring pregnancy related support. If you need support, please reach out to accommodations-ext@arnettef683383

Link to Apply-

https://www.facebook.com/careers/resume/?req=a1K2K0000031PUGUA2

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Introduction

Every society has its rules and regulations to control crime and punishments for the violation of the law. Criminal Justice is the system of practices and institutions of government directions to control crime. Double jeopardy is also part of the criminal justice system. The double jeopardy concept came to the abolition of double conviction for the same offense. It is based on the legal maxim ‘Nemo debet bis vexari, si constat curice quod sit pro una it made causa’ means man cannot be punished twice if the court has convicted him for the same offense. This maxim is mentioned in Section 26 of the General Clause Act and Section 300(1) of CrPC. It also follows the “Audi alteram” that no person can be convicted for the same offense. The doctrine of double jeopardy is defined under Section 300 of CrPC.

Under the Constitution of India

Double jeopardy is the fundamental right (Part III) under Article 20(2). Article 20(2) defines double jeopardy “no person shall be charged and punished again for the same offense.” The term prosecution has three essential components under this article.

Three essential components of prosecution have:

The person should be accused of an offence. The term an act or omission is punishable by law.
There should be a proceeding and prosecution of the case before the court or judicial tribunal. The defence of double jeopardy is only for those cases that have been decided under the judicial tribunal.
When the tribunal accepts the administrative and departmental inquiry, these inquiries are not considered as proceedings of the court.

The Constitution of India is considered only autrefois convict and not autrefois acquit, which means the concept is for those a person is prosecuted and convicted by the court.

In the case, Maqbool Hussain v. the State of Bombay, the appellant came from abroad and brought some gold. He does not mention to the airport authority that he had brought gold. The customs authority impounded the gold under the Sea Customs Act. After some time, he was charged under the Foreign Exchange Regulations Act. The appellant contended that the second prosecution was a violation of his fundamental right, Article 20(2). The court held that the Sea Custom authorities are not a court or judicial tribunal. The prosecution under the Foreign Exchange Act is not a violation of Article 20(2).

In this case, Venkataraman v. Union of India, the appellant, who was dismissed from her service after an inquiry by the Public Service Enquiry Act, 1960. Later, she was prosecuted under IPC and the Prevention of Corruption Act for corruption. The court held that the proceeding under the Enquiry Act did not amount to a prosecution. Hence, the second prosecution is not a violation of Article 20(2).

Criminal Procedure Code

The concept of double jeopardy is defined under Section 300 of CrPC and its exceptions.

Section 300(1) – It states that if any person is found guilty under the competent court and convicted for an offence, then a person cannot be acquitted for the same facts. The second trial against the person shall be for different facts or charges. Illustration – if a person is convicted under Section 221(1) then in the second trial he cannot be convicted again for Section 221(2) of the same Act.

This section does not include dismissal of a complaint or discharge of accusation.

Section 300(2) – It states that if the person has committed many offences but was not tried in the first trial then he cannot be prosecuted for other charges in the second trial. It means that when a person is convicted in the first trial, he cannot be convicted under the same facts with another offence separately. Before the second trial of a convicted person then it is necessary to take the consent of the State government.
Section 300(3) – It permits the second trial of a convict in those cases where new facts came and those facts did not exist in the first trial. This section is applicable for a conviction not in acquittal offences. The case will be retried only in those cases where some facts relating to the case have not come before the court.
Section 300(4) – This prescribes that after the new facts the person cannot be tried in the same court which does not have jurisdiction. The person shall be retried in a competent court which has jurisdiction.
Section 300(5) – It states that if any person is discharged under Section 258 of CrPC (the court has the power to stop the proceeding of the case at any stage with judgment). The stoppage could be after recording the evidence of a witness, the decision of acquittal or release of the accused has the effect of discharge. A person shall not be tried again for the same offence without the consent of the court.
Section 300(6) – It states that Section 300 of CrPC shall not affect Section 26 of the General Clauses Act. Section 26 of the General Clauses Act prescribed that if the offence which is committed by the accused falls under two enactments then the accused shall be punished under one enactment. But the dismissal of the complaint and discharge of the accused is not an acquittal. Illustration – A tried for grievous hurt and was convicted. The injured person has died. Then he will be convicted for homicide.

Institute of Chartered Accountants of India v. Vimal Kumar Surana, in this case, the court held that if a person is convicted again for different laws, it cannot amount to double jeopardy. The defendant was charged under the Chartered Accountant Act. The court held that it did not mean he is convicted under the Chartered Accountant Act, so he cannot be convicted under the Indian Penal Code. The accused cannot take defense under Section 300 of Cr.PC because the accused is charged under two different laws.

Conclusion

The concept of double jeopardy protects the accused so that he should not be convicted twice. Double jeopardy is defined under the Constitution and Cr. PC. In the case, Kolla Veera Raghav Rao v. Gorantla Venkateswara Rao, the court held that clause 1 under Section 300 is wider than Article 20(2). Article 20(2) states only a person shall not be prosecuted twice for the same offense. Section 300(1) states a person shall not be tried and convicted for the same offense or same facts but a different offense. If a person is convicted twice for the same offense, it is a violation of the fundamental right.

The concept intends to protect a person from multiple punishments for the same offense or to maintain the integrity of the justice system and to protect against the abuse of powers granted to criminal administration.

The article has been written by Prachi Yadav, a 2nd-year student from Mody University of Science and Technology, Lakshmangarh, Rajasthan.

The article has been edited by Shubham Yadav, a 4th-year law student at Banasthali Vidyapith.

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Introduction:

Section 2 (b) of the Indian Contract Act, 1872 characterizes acceptance in these words: When one individual to whom the suggestion is made means his assent thereto, the recommendation should be recognized. An idea when perceived changes into an affirmation. In the declarations of Sir William Anson, Acceptance is to offer what a lit match is to a train of hazardousness. It produces something which can’t be checked on or fixed. However, the powder might have been laid till it has become moist or the person who laid the train might have pulled out everything except a lit match stick.

Definition:

Section 2(b) of the Indian Contract Act, 1872, defines an acceptance as “when the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted becomes a promise”.

Communication of Acceptance

Method of Acceptance:

For the present circumstance of communication of acceptance, there are two factors to consider, the technique for acceptance and a short time later the situation of it. Permit us first to examine the technique for acceptance. Acceptance ought to be conceivable two, to be explicit

Communication of Acceptance by an Act: This would consolidate communication through words, whether or not oral or created. So, this will join communication through calls, letters, messages, sends, etc

Communication of Acceptance by Conduct: The offeree can moreover pass on his acceptance of the proposal through some activity of his, or by his direct. So say when you board a vehicle, you are enduring to pay the vehicle cost through your direct.

Timing of Acceptance:

The communication of acceptance has two sections. Permit us to explore

As against the Offeror:

For the proposer, the communication of the acceptance is done when he places such acceptance over the range of transmission. After this it is out of his hand to renounce such acceptance, so his communication will be done then.

As against the Acceptor:

The communication in the event of the acceptor is done when the proposer acquires information on such acceptance.

Revocation of Acceptance:

Section 5 moreover communicates that acceptance can be disavowed until the communication of the acceptance is done against the acceptor. No repudiation of acceptance can happen after such date.

Again, from the above model, the communication of the acceptance is finished against A (acceptor) on the fourteenth of July. So, till that date, A can renounce his/her acceptance, however not after such date. So actually, somewhere in the range of tenth and fourteenth July, A can choose to disavow the acceptance.

Lawful standards with respect to valid acceptance and related cases

Acceptance must be given to whom the offer was made.

An offer can be acknowledged simply by the individual or people to whom it is made and with whom it’s anything but an expectation to contract; it can’t be acknowledged by someone else without the assent of the offeror.

Law and order are evident that “assuming you propose to make an agreement with A, B can’t substitute himself for A without your assent.” An offer made to a specific individual can be legitimately acknowledged by him alone.

Related Case: Boulton vs. Jones

Acceptance should be absolute and unqualified:

To be authentically amazing it’s everything except an absolute and unqualified acceptance of a large number of terms of the offer. Surely, even the littlest deviation from the states of the offer makes the acceptance invalid. Basically, a wandered acceptance is seen as a counteroffer in law.

Acceptance should be communicated in some standard and sensible way, except if the proposal endorses the way wherein it is to be acknowledged:

In case the offeror suggests no strategy for acceptance, the acceptance ought to be passed on by some norm and reasonable mode. The standard techniques for correspondence are by catching individuals’ discussions, by post, and by direct.

Exactly when acceptance is given by words communicated or formed or by post or wire, it’s everything except an express acceptance. Right when acceptance is given by the lead, it’s everything except a proposed or gathered acceptance.

Recommended acceptance may be given either by doing some fundamental show, for example, following the lost items for the announced honor or by enduring some benefit or organization, for example, stepping in a public vehicle by a voyager.

If the offeror embraces a strategy for acceptance, the acceptance given properly will probably be a significant acceptance, whether or not the suggested mode is entertaining. Thus, if an offeror underwrites lighting up a match as a strategy for acceptance and the offer as necessities be lights up the match, the acceptance is reasonable and complete.

Regardless, what happens if the offeree gets sidetracked from the suggested mode? The reaction to this inquiry is given in Section 7(2) which communicates that in examples of diverged acceptances “the proposer may, inside a reasonable time after the acceptance is passed on to him, request that his recommendation will be recognized in the suggested way, and not something different; regardless, if he fails to do thusly.

Related case: Brogden v Metropolitan Railway

Acceptance must be communicated:

For a proposition to transform into an understanding, the acknowledgment of such a proposition ought to be conveyed to the promisor. The correspondence ought to occur in the supported design, or any such construction in the normal course of business if no specific design has been suggested.

Further, when the offeree recognizes the proposition, he probably understood that an offer was made. He can’t convey acknowledgment without data on the offer.

So, when a proposal to supply B with items and B is satisfying to all of the terms. He creates a letter to recognize the offer yet fails to post the letter. So, since the acknowledgment isn’t imparted, it’s everything except substantial.

Related case: Powell v. Lee

Acceptance must be given inside a reasonable time and before the offer lapses and additionally is revoked:

To be really amazing acknowledgment ought to be given inside the foreordained time limit, expecting to be any, and if no time is determined, acknowledgment ought to be given inside a sensible time considering the way that an offer can’t be kept open uncertainty (Shree Jay a Mahal Cooperative Housing Society versus Zenith Chemical Works Pvt. Ltd.).

Again, the acknowledgment ought to be given before the offer is disavowed or passes by reason of the offeree’s data on the death or franticness of the offeror.

Related case: Ramsgate Victoria Hotel Co Vs Montefiore

Acceptance should succeed the offer:

Acknowledgment ought to be offered to result in getting the offer. It should not go before the offer. In an organization, shares were circulated to a not applied for singular them. Henceforth, he applied for shares being oblivious to the past conveyance. It was held that the assignment of offers past to the application was invalid.

Examples: a piece of offers past to application invalid

Rejected offers can be accepted just, whenever recharged:

Offer once dismissed can’t be acknowledged except if a new offer is made.

Related case: Hyde v. Wrench

Conclusion:

Assessment of offer and acceptance is a standard contract law method used to assess whether a two-party game-plan exists. An offer means that their capacity to surrender to explicit terms beginning with one individual then onto the following. Accepting there is an express or proposed course of action, a contract will be outlined. A contract is said to seem when the acceptance of an offer has been encouraged to the offeror by the offeree.

when the offeree to whom the proposal is made, really recognizes the offer it will amount to acceptance. After a special offer is recognized the offer transforms into a guarantee.

The correspondence of the offer will be done concerning the data on the person to whom the offer is made and the correspondence of the acceptance will be done when the acceptance is put in a course of transmission to the offeror. Thus, offer and acceptance are the central parts of a contract and in any case, it should be done dependent on one’s total opportunity and complete goal on shutting a legally definitive game plan.

A legitimate acceptance should be in similarity with the accompanying standards. Without having great article end models before your eyes, it is hard to wind up the creative cycle on an incredible note. Acceptance should be clear and unambiguous. Finish the Contract on the Ground of the Offer, Fixing the Term of Acceptance. of the relative multitude of terms of the offer, and with no condition.

The article has been written by Vrunda Parekh, a first-year law student at United World School of Law, Karnavati University.

The article has been edited by Shubham Yadav, a fourth-year law student at Banasthali Vidyapith.

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Introduction

Long years back, during the ancient era of 1900 BCE in Babylon, if a man forced his sexual pleasure on someone’s wife or daughter is sentenced to death on the grounds of vandalizing someone else’s property. And in other parts of the ancient world, the laws defined rape as a property crime against the husband or father than the woman herself. Later during the 17th century, the Qing dynasty or British Empire had started to state rape as a crime against the woman herself but it was on the grounds of violation of her sexual purity. Due to the growth of middle-class mentality and Victorian morality in the age of 18th and 19th centuries, the accentuation on woman’s virginity had started increasing and rape was thus termed as a threat faced by women outside her household and it was made as a responsibility for the father and the brother to protect her from that. And it was from this basis the Indian penal code of 1860 had got its origin where article 375 considered rape as a crime done against women. From considering women as a commodity to an individual, our law had moved a lot forward but still in all these aspects we consider rape as a threat from the outside. And it is considered as not possible in a marriage because at the end of the day the wife is a husband’s property and he has a monopoly over her to do whatever he wants. Even though rape is considered as a threat to the individuality of a woman, our law fails to view rape in a marriage as a threat to the individual but as a right of an owner over his slave. As the feminist movements all over the world are asking women to report rape cases even if the perpetrator is strong or influential. But in India, it still continues to uphold a man’s right to rape a woman when they are married.

Definition Of Marital Rape

The word marital rape is defined as an act of forcing the spouse into sex without her consent. The lack of proper consent is an important aspect in the case of marital rape and no physical violence should be exerted over the spouse. Marital rape is considered a form of sexual abuse and domestic violence.

Social And Legal Status Of Marital Rape In India

Even though rape is considered as an attack over a human being’s individuality in our statute but the mentality towards rape in India considers it as an injury of the victim’s family honor. Domestic violence is a deeply established issue in India. The national crime records bureau’s “crime in India 2019” report discovered that in India 70% of women are victims of domestic violence. Domestic violence can occur in different forms. One such embodiment of domestic abuse is marital rape. In this 21^st century, over 100 countries impeached marital rape but in India, it’s still legal for a husband to rape his wife. Even though lots of amendments have occurred in criminal law as a result of feministic movements like:

The criminal law (second amendment), 1983
Amendment to Indian Evidence act, 2002
Protection of children from sexual offences(POCSO), 2012
Criminal law (amendment) law, 2013

The non- penalization of marital rape undermines the rights and dignity of women as human beings. Rape which is referred to as a crime under article 375 in the Indian penal code, 1860 includes all forms of sexual abuse without the consent of the woman. The non- criminalization of marital rape in India originated from exemption 2 to section 375 where it exempts unwilling sexual relationship between a husband and a wife over fifteen years of age. This proves that in India the wife is presumed to deliver “implied consent” to have sex with her husband after their marriage. Our society still considers women as property over which a man first as her father then as her husband has a monopoly on and fails to accept a woman as an individual who is entitled to have agency or autonomy over her body and individuality. It’s not only the social mentalities that are demeaning but also the legal approach towards it is quite disheartening.

“However brutal the husband is when two people are living as husband and wife can sexual intercourse between them rape?”

These are lines stated by our former honourable chief justice sharad arvind bobde while dealing with a case of marital rape. It is not a unique or a single case but there are multiple petitions filed regarding marital rape. In Arnesh Kumar Vs. state of Bihar [1], the Supreme Court stated that penalising marital rape can lead to the collapse of social and family systems.

The all-India democratic women’s association had filed a PIL in Delhi court in January 2015 stating penalization of marital rape but due to the covid-19 pandemic, the PIL is getting delayed. A bill named “women’s sexual, reproductive and menstrual rights, 2018” was introduced by MP Shashi Tharoor in parliament but later failed to garner maximum support from the house. In India, we mostly consider rape as a threat to honor or chastity of the woman or her family and we fail to regard it as harmful to a person’s individuality and dignity. That is the reason behind the belief that getting the victim married off to the perpetrator can save a woman from losing her honor. The Supreme Court had asked the rapist to marry the victim while they were dealing with the bail request filed by Mohit subash Chavan, a technician with the Maharashtra state electric production company. He raped a 16-year-old minor who was his distant relative. This seems to be like romanticizing the relationship between a victim and a culprit. In any relationship, the key aspect is respect for each other. No one has authority over anybody. All these mentalities arise from our social conditioning where we are constantly conditioned as a woman is the responsibility of a man. All will get altered once we start respecting an individual’s personhood, choices, desires, and consent.

Legal And Constitutional Rights And Provisions Regarding Marital Rape

Most of the time the victims withdrew themselves from filing a complaint against the culprit because of the fear of breaking the marriage, societal pressure, children, etc. even though marital rape is not criminalized but it actually violates several existing rights of a citizen. While raping an unmarried woman is termed a crime, raping a married woman is considered to be legal. This shows an inequality among the individuals on the basis of their marital status thus violating the norms of article 14(right to equality). It also questions the purpose of article 375 where it promises protection and justice for women from sexual exploitation but it fails to protect a married woman from the consequences of marital rape where it is difficult for her to come out of such a relationship when the wife is both legally and financially bonded to her husband. The norms regarding marital rape also harm the real ideology of Article 21. In article 21, the constitution guarantees the right to health, dignity, privacy, safe living conditions, etc. In the case of the state of Karnataka vs. krishnappa [2], the Supreme Court stated that sexual assault apart from the dehumanizing acts is an unlawful invasion into the right to privacy of the woman. The court also held that sexual intercourse without consent accounts for physical and sexual violence. In the case of suchita Srivastava vs. Chandigarh administration [3] states that every individual has the right to make decisions or choices regarding sexual activity and equates it with personal liberty, privacy, dignity, and integrity. Under justice K.S. puttaswamy vs. union of India [4], the supreme court of India mentions the right to privacy where it also includes the ability to make intimate decisions. Under all these cases the Supreme Court had recognized the right to abstain from sexual activity for all women irrespective of their marital status. Now dealing with the remedies for marital rape, the possible remedy which can be provided is the protection of women from the domestic violence act, 2005. This act states forced sexual intercourse as an act punishable under Indian law. Section 498A deals with punishment of three years and a fine for cruelty committed against a woman by her husband or his relatives. However, a magistrate can’t punish a husband by stating he raped his wife. Still, the idea of marital rape is stuck in the patriarchal ideology. We need to walk a long way ahead to realize that consent is important in every relationship.

The Future Aspects Of Marital Rape

For India as a developing country, marital rape still being legal is a great threat to its social development. From women considered as commodities with mere rights to individuals with equal rights and responsibilities, we had moved a lot forward. But considering a married woman as a husband’s property is more like going back to our old belief system. There are certain steps taken at both the global and national levels to protect and provide a safer place for every woman from their abusive spouses. The United Nations declaration on the elimination of violence against women had released their comment on harassment against women as:

“Any act of gender-based violence that results in, or is likely to result in, physical, sexual, or mental harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life”.

UN committee on the elimination of discrimination against women (CEDAW) had advocated the Indian government to penalize marital rape. The JS Verma committee was set up as a result of the massive nationwide protests over the Delhi gang-rape case held on December 1, 2012. The criminalization of a crime like marital rape can not only protect women from an abusive relationship but can also make society understand that marital rape itself is a crime and no woman is anyone’s commodity but an individual who has the right to live her life with dignity and choices.

Conclusion

Marital rape is a menace towards a woman’s dignity and criminalization of it will be a fight against the notion of marital sanctity that is based on the subjugation of women. It challenges the age-old rape culture that denies a woman her basic rights, dignity, respect, and autonomy over her own body.

The article has been written by Nourien Nizar.

The article has been edited by Shubham Yadav, a law student from Banasthali Vidyapith.

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Amity Law School, Amity University Madhya Pradesh is organizing their 1st National Mediation Competition, scheduled to be held on 16th- 17th September, 2021.

About Amity University Madhya Pradesh

Amity University Madhya Pradesh has been established by the Ritnand Balved Education Foundation (RBEF), New Delhi which is a society registered under the Societies Registration Act, 1860.

It was established with the view to promote professional, industry-oriented education in the state of Madhya Pradesh.

About the Competition

Amity Law School, Amity University Madhya Pradesh is organizing the 1st National Mediation Competition, 2021 to offer law students across the country an opportunity to cultivate and enhance their mediation and negotiation skills. The objective of this event is to promote the spirit of amicable resolution of disputes and aims to foster an environment for law students to learn and develop their skills in mediation.

General Information

Date: 16th- 17th September, 2021
Teams: Each participating team shall comprise of 3 members in which one (1) member shall be designated as Mediator, one (1) member as Client and one (1) as counsel.
Official Language: The official language for this Mediation Competition shall be English.

Eligibility Criteria

Participants must be students of three years and five-years law and students pursuing PG course from any University, Law School/ College/ Department/ Faculty recognized by the Bar Council of India can apply for the Competition.

There is no cap on the number of teams that may participate from an Institution.

Language of the Mediation Competition:

The official language of the Mediation Competition is strictly English. Communication in any other international, national or regional language during the Mediation Competition shall not be permitted.

Date and Mode

The Mediation competition shall be conducted on 16th- 17th September, 2021 via online mode.

Registration Details

The online google form to register with Payment link is given here:

https://forms.gle/3yLAvrnSxN8dbsL37

Deadlines: The last date for registration is 11:59 p.m., 2nd September, 2021.

Fee Details

The registration fee shall be INR Rs. 600/- (six hundred only) for each team. The registration fee shall be non-refundable and non-transferable.

Prizes

Best Mediating Pair- INR 4100/- (Four Thousand One Hundred Only).

1st Runner up Mediating Pair- INR 2100/- (Two Thousand One Hundred Only).

Best Mediator- INR 4100/- (Four Thousand One Hundred Only).

1st Runner up Mediator- INR 2100/- (Two Thousand One Hundred Only).

Contact Information-

Shivam Bhadoria: +91 9039627735

Sakshi Aggarwal: +91 7007227873

Harsh Jha: +91 8305226044

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