Month: August 2022

-Report by Anjana C

The Supreme Court in the case of Shirdi Nagar Panchayat, Shirdi vs Appasaheb Narayan Chaudhari & Others sent the matter back to the High Court for considering it afresh. Shirdi Nagar Panchayat, dissatisfied by the order of the High Court in which they were directed to initiate preparation of land acquisition, had filed this appeal.

FACTS

The appellant had taken possession of the land to construct a water storage tank for the citizens in that area. However, it is stated in the writ petition filed by the private respondent (original petitioner) that once the pipeline was laid, the completed project was handed over to the Gram Panchayat. This was done without following the procedures laid down by the Land Acquisition Act, 1894; the land acquisition was not formally done in accordance with the procedures. Further, no compensation was paid under the Act either. Thereafter, the petitioners filed a writ petition in 2018 pleading for relief. It must be noted that the petition was filed after 35 years of the occurrence of the incident. The High Court, thereafter, ordered the appellant to prepare a proposal for the acquisition.

Appellant’s (Original Respondent’s) Contentions: 

An additional affidavit was filed before the Court by the appellant. This affidavit stated that the land was taken for constructing the tank by private negotiations and that the compensation amount was agreed upon, paid, and received.
The payment of compensation was supported by an extract of the cash book dated 12.11.1981 and the cash book for May 1983, and other documents showing an approximate payment of Rs. 1,21,000/- being paid to the original petitioners. The learned Counsel, on behalf of the appellant, states that in light of these documents, it is clear that all procedures were duly carried out by the appellants.

Respondents (Original Petitioner’s) Contentions: 

Senior Advocate Shri Neeraj Kishan Kaul, Counsel for the original writ petitioners, brought to light that the documents submitted by way of an additional affidavit were not presented before the Court, meaning the High Court had not considered this at the time of the order. They disputed the fact that they received compensation along with the fact that the land was acquired by private negotiations. It was also highlighted that other than the cash book, there has been no other documentary evidence regarding the compensation claimed to have been paid and received by the petitioners. The petitioners also disputed any proceedings under this Act being carried out. The learned counsel on behalf of the petitioners argued that they were not presented with the opportunity to rebut the affidavit submitted to the Court.

DECISION OF THE COURT:

On hearing all sides, the Court sought to discover the true nature behind the acquisition of the land and the compensation paid thereof. In this regard, it was decided to put aside the prior order in this case and remand the
matter to the High Court to start anew, giving the original respondent to file an additional affidavit with all necessary supporting documents while also providing the original petitioners a chance to discredit any of this information. All contentions of both parties will be kept open, and the High Court will consider all matters’ merit in accordance with the law. The appeal was accordingly allowed and disposed of to this extent.

IMS Unison University, Dehradun is organizing the 5th National Client Counselling Competition from September 29 to October 1 ,2022.

ABOUT

It is our pleasure to invite you to the 5th National Client Counselling Competition, to be held from September 29 to October 1, 2022 at IMS Unison University, Dehradun.

One of the most important traits of a law professional is to counsel people who seek assistance in understanding the legal implications of their actions. It is thus a prerequisite for any advocate to possess the fundamental skills which would help him create a successful rapport with the client.

ELIGIBILITY

Students of three-year and five-year law degree courses from any University/Law School/College/Department are eligible to apply for registration of their team.

THEME

1. Cyber Law
2. Criminal Law
3. Constitutional law
4. Corporate Law
5. IPR
6. Family Law & Arbitration Law

FORMAT

There shall be three rounds of this competition.

1. Knock-out Round: According to the scores, the top 4 teams will move to the semi-final rounds.
2. Semi-Final: Top 4 teams that qualifies the knockout round shall compete against each other and out of which 2 teams shall be carried forward to the final round.
3. Final Round: Top 2 teams from the Semi-Final Round shall compete against each other and the winner and the runners-up shall be declared from them.

PRIZES

1. Best Team: INR 6,000
2. Runner Up Team: INR 4000
3. Best Client: INR 2000
4. Certificate of Participation

REGISTRATION DETAILS

1. Teams can register by filling up the google form given at the end of this post.
2. Only 14 teams will be allowed to register in the competition on a first come-first serve basis.
3. Once a team registers by completing all the formalities, a Code shall be assigned to the team (hereinafter “Team Code”).
4. Teams can register for the competition either through the official channel of their institute or as independent participation.
5. The registration fee for each team shall be INR 1200/- for each team.
6. The registration fee is non-transferable and non-refundable.

DEADLINE

September 5, 2022

CONTACT DETAILS

8449873431

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The Centre for Law & Economics, Gujarat National Law University is conducting its 5th Essay Competition on Law and Economics.

ABOUT

The Gujarat National Law University is a public law school and a National Law University established under the Gujarat National Law University Act, 2003 in the state of Gujarat. The Centre for Law & Economics (CLE) is a centre of excellence for research and training in the discipline of Law & Economics (also referred to as the Economic Analysis of Law).

THEME

1. The Centre encourages the submission of manuscripts for essays focusing on the economic analysis of law. Manuscripts may be in any of the substantive areas of Law and Economics, including but not limited to the following:
2. Basic Areas of Law and Economics: Property, Contract, Tort Law and Product Liability, Forensic Economics, Criminal Law, Civil Law, Common Law, Constitutional and Election Law.
3. Economic Analysis of Litigations: Causes of delays/pendency in judicial administration, costs of delays, out-of-court settlement, judicial reforms, legal procedures, the legal system and illegal behaviour, enforcement of the law.
4. International Law (public and private): International Trade, Law and Development, Environmental Law, Human Rights Law.
5. Regulation and Business Law: Antitrust, Business and Securities, Regulated Industries, Business and Cyber, Real Estate.
6. Economics of Legal Procedure: The Legal System Litigation Process, Illegal Behavior and Law Enforcement.
7. Macroeconomics and Law: Use of economic tools in public policy analysis.
8. Law and Finance: Financial sector reforms in India, Formation of monetary policy, Cyber Crimes, Stock Market Regulations, Sovereign Bonds, Corporate and Banking Bankruptcy, Bankruptcy Code, Tax Evasion, Black Money, Basel and Financial Stability Board norms, WTO and the Financial Services.
9. Market Regulators: IRDA, TRAI, SEBI, PFRDA, Antitrust, Regulated Industries/Competition law and working of the Commission, Consumer laws, Financial Sector Legal Reforms Commission.
10. Other Substantive Areas of Law and Economics: Labor, Energy, Environmental, Health, Safety, International, Tax, Family and Personal, Immigration.
11. Economical Analysis of Contemporary Legal Developments: for instance, anti-defection law, etc.

Note: The above themes are only indicative.

ELIGIBILITY

• Students pursuing Five-Year/Three-Year LLB Discipline
• Students pursuing One-Year/Two-Year LLM Discipline
• Students/Research Scholars pursuing M.A./M.Phil/Ph.D Discipline in Economics
• Research Scholars pursuing PhD in the interdisciplinary study of Law and Economics
• Students/Research Scholars pursuing M.A./M.Phil/Ph.D Discipline in Statistics
• Students/Research Scholars pursuing M.A./M.Phil/Ph.D Discipline in Public Policy
• Students/Research Scholars pursuing M.A./M.Phil/Ph.D Discipline in Development Studies
• Note: This is not an exhaustive list. Students, Researchers, Academicians, and Professionals having an avid interest in the interdisciplinary study of Law and Economics are welcome to contribute to the Essay Competition too. However, we strongly promote Young Researchers, Scholars and Academicians to contribute to this Essay Competition and be associated with GNLU Centre for Law and Economics. Academicians teaching and researching in the interdisciplinary study of law and economics. Professionals working in Banking, Finance or Economics field.

SUBMISSION GUIDELINES

• Soft copies of manuscripts and abstracts are to be uploaded through this link.
• Submissions are to be made in the form of MS Word (2003 or 2007 or 2010 or 2013).
• All submissions are to be made via a google form. (Note: write your name and co-author’s name as the file name.)
• Manuscript word limit: 5000-7000 (excluding footnotes and references)
• Submission date: on or before September 4, 2022.
• Font: Times New Roman. Font size: 12. Line spacing: 1.5. All text should be justified, with a margin spacing of 1” on all sides.
• Headings and Sub-headings must be appropriately numbered.
• Each manuscript must contain:
  1. Cover page – Full title of the paper (times new roman, bold, font size: 16), Name(s) of the contributor(s) and designation (kindly note: the contributors’ names should not be mentioned on any other page), and E-mail and contact number.
  2. Detailed index with sub-heading
  3. Abstract (150-250). Add minimum 3 keywords.
  4. Introduction of a minimum of 150-350 words.
  5. Main body (4500-6500 words),
  6. Findings
  7. Relevance in world/ suggested policy implication/ limitations of the study
  8. Conclusion (200-500 words)
  9. Recommendation ( 100-200 words)
  10. References (at the end of the paper, arranged alphabetically)
• Footnoting style to be followed: The Bluebook: A Uniform System of Citation (2015, 20th ed.)
• Contributors are requested to strictly follow the citation style for both footnotes and references.
• Your paper should be error-free: grammar, spelling, punctuation etc. – your paper must be original and plagiarism free.

DEADLINE

September 4, 2022

CONTACT DETAILS

cle@gnlu.ac.in

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About the Organization

Thomas George, the company’s managing and founding partner, established Thomas George & Associates as a solo proprietorship in 1998. Since then, the company has gradually expanded into a law practise with its head office in Hyderabad and associate offices in Bangalore, Delhi, Mumbai, and Pune. Both litigation and non-litigation problems are primarily handled by the firm. Company law, commercial law, family law, land law, banking law, criminal law, white collar crime, CBI affairs, negotiable instrument law, consumer law, constitutional law, contract law, arbitration, intellectual property rights, etc. are some of the practise areas for the company.

About the Responsibilities  

This month, Thomas George and Associates offers an internship opening.

Eligibility

• Students who are eager to learn and who prefer to work independently should apply.
• Do not apply if you are a college student as maintaining both your studies and the internship at our company will not be doable. Additionally, avoid trying to sail in too many boats at once.
• It must have a reliable internet connection.

How to Apply?

Interested candidates may apply from here: – manavgecilthomas@gmail.com

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For regular updates, we can catchup at-

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India is home to a billion people, from various sections of society. People from all social classes are granted the same, equal status as a citizen of India without any prejudice, yet even in the 21st Century, we get to see violence towards women and the LGBTQ community. This research paper focuses on these issues of violence in India, and legislations that are doing their parts to ease those issues.

Domestic Violence in India

Within the Indian subcontinent, women were and still are victims of all forms of exploitation. Criminal, domestic, and social violence are all forms of violence against women. Rape, murder, female foeticide, and kidnapping are examples of criminal violence. Dowry deaths and sexual assault are all examples of domestic violence. Eve-teasing and inheritance rules that favor men are other forms of social violence.

According to the National Crime Records Bureau, 33,356 rape cases were registered across India in 2018. Many of these cases include a rapist who is well-known to the victim. Furthermore, these figures conceal the substantial number of rapes that go unreported by the victim. Violence against women is becoming more difficult to negotiate in the sanctity of marriage as marital rape is not a crime in India, according to the constitution.

Crimes against the LGBTQ+ Community

India ranks 84 out of 203 countries on the list of countries with the most hate crimes against the Pride Community and the LGBTQ+ movement. The daily struggles of having to endure assault and public humiliation at the hands of one’s own family and friends just for being themselves are still on the rise in India as the ranking slipped down two places since 2020. The decriminalization of Article 377 had little to no impact on Indian society since homophobia persists in almost all cultures in India.

We hear all kinds of ‘foul and based’ statements by people about boys being Gay just for wearing clothes that even have a slight ‘feminine’ appearance or blatantly calling girls ‘Lesbians’ or sometimes even slurs for being ‘a little too friendly’ with their friends of the same gender. The Supreme Court can only change laws, not the people’s minds. Due to the unavailability of proper education on understanding the pride community among the Indian masses, many people still consider that even supporting the LGBT let alone being from the LGBT+ community is a mental disease or addiction. This is seen with many parents sending their children who come out to be among the LGBT+ genders, to Drug Addiction Centers or to Conversion Therapy to make them ‘normal’ again.

Cases of teen suicide due to being sent for illegal conversion therapy at drug addiction centers are on a rise. Anjana Hareesh a 21-year-old came out to her family as a queer person. In a Facebook Live video on 13^th March 2020, she claimed that after learning of her admission, her parents were forced to enroll her in a “de-addiction center,” where she received a severe course of medication (which is illegal conversion therapy). The staff there slapped her when she tried to resist. Hareesh was later discovered hanging from a tree at a resort in Goa, exactly two months since posting the video. Gargi Harithakam, Anjana’s friend, claimed that she did not suffer from a drug or alcohol addiction as she was her roommate and a close friend.

Legality & Legal Precedents

The Indian Government has implemented various legislations to prevent and punish those who commit Domestic Violence, as well as laws that complement women’s health. Following are a few of the laws that benefit women in India.

• Protection of Women from Domestic Violence Act, 2005: Domestic violence is defined as any act that causes physical, emotional, sexual, or economic injury to the victim’s life, limb, health, or safety. It is a form of coercion in which one person exerts control over another by threatening the victim, depriving them of their property, physically harming them, and sexually abusing them. The abuser might harm the victim in a variety of ways. Domestic violence, for example, occurs when a woman is starved for three days by her husband.
• In terms of their extended reach and the extent to which they defy heteronormative patriarchal views of family and a woman’s “natural” role within it, the Act’s provisions are undeniably introducing rights into the house. According to the Act, domestic violence now includes violence in all forms of interpersonal relationships, including abuse in a woman’s natal home and partnerships in the “kind of marriage.”
• The Act analyses the frequency of violence against elder women, in addition to child abuse. By allowing women the right to reside in shared households irrespective of who owns the property, the Act expands the scope of the remedy. The Act categorizes males as perpetrators and women as victims, as well as sets a deadline for cases to be addressed.
• If a woman thinks she has been the victim of abuse by the offender or another person, she can file a complaint on her behalf. A child is also legally protected under the Domestic Violence Act. The parent of such a child can petition on behalf of her minor child.
• In the case of Dr. NG Dastane v. Mrs. S Dastane, the Supreme Court decided that the bedrock of a sound marriage is tolerance, adaptability, and respect for one another. In the case of Vinita Saxena v. Pankaj Pandit, the court ruled that each situation is unique and must be judged accordingly. As a result, the proper use and execution of any special legislation are dependent on the judge in question.
• Special laws can get lost in the shuffle of general legislation and end up going off the rails. As a result, it is up to a judge to prioritize the legislative aim as well as victim justice to serve as a deterrent to the perpetrating accused and society.
• From Right to Equality to complete Decriminalization; In the mid-2000’s the LGBT movement took a kickstart in India. Although it was a crime to engage in consensual sexual relationships of any kind other than between a man and a woman, the courts did allow people to voice their opinion in favour of the LGBTQ+ community. In the case of Naz Foundation v. Government of NCT of Delhi, the Delhi High Court stated that Article 14 of the Constitution protects consensual homosexual relationships and behaviour, and that criminalizing it will be a violation of the Right to Equality.
• The Supreme Court in the 2009 Delhi High Court Judgement of Suresh Kumar Kaushal v. Naz Foundation, in 2013 stated that with changing times, laws and society’s thinking change. Pointing to the fact that homosexuality was not accepted a few decades ago but is now widely accepted in many parts of the world, the apex court also stated that prior to the British colonial rule, homosexuality was prevalent in India, which can be seen from the statues, paintings, and murals on ancient temples and structures in India.
• It was not before 2018 that homosexuality was truly and completely decriminalized in India in the case of Navtej Singh Johar v. Union of India.

Government initiatives

1. National Database of Sexual Offenders; This is a database that was influenced by the Department of Justice National Sex Offender Website. Although, the list of the United States is available to be viewed publicly, in India only law enforcement officers can view it. Only law enforcement agencies will have access to the database, which will be kept by the National Crime Records Bureau under the Ministry of Home Affairs.
2. It will contain the names, pictures, home addresses, fingerprints, DNA samples, and PAN and Aadhaar numbers of those who have been found guilty of sexual offences. Based on information gathered from prisons around the nation, the database would include details of both first-time and habitual offenders for more than 4.5 lakh instances.
3. It will only contain information on those who are at least 18 years old. The name will be added to the registry each time a convict’s information is submitted to a jail.
4. State jails will be required to update appeals against convictions, and an accused person can be followed up until an appeal result in an exoneration.
5. One Stop Center Scheme; One Stop Center is a Ministry of Women and Child Development (MWCD) initiative that receives central funding to address the issue of violence against women. It is a part of the National Mission for Women’s Empowerment umbrella programme, which also includes the Indira Gandhi Mattritav Sahyaog Yojana. There will be one-stop centres set up all around the nation to offer comprehensive support and help to women who have experienced violence in both private and public settings under one umbrella.
6. Funding: The Nirbhaya Fund is used to finance the programme, and the state and union territory administrations receive full financial support from the federal government.
7. Auditing: Audits will be carried out as per the Comptroller and Auditor General of India’s standards, and civil society organizations will also conduct social audits.
8. Services: Women’s helplines and one-stop centres will work together to offer the following services: services for emergency response and rescue, providing medical care, aiding females in filing the First Information Report, psychological and counseling services, legal representation, advice, Shelter, a video conferencing system.
9. Privately-Run LGBTQ+ Suicide Helplines; With an increase in teenage LGBTQ+ suicide over the past few years, private organizations have been formed that are providing mental health care to people who identify with the LGBTQ+ community.
10. Organizations like Naz Foundations, Smiling Rainbow are among the few with helplines to care of LGBT issues in India. SAHAAY is among the very few organizations with its own toll-free LGBTQ+ suicide helpline number.
11. Organizations like these assist the upcoming generation to keep fighting instead of giving in to the pressure created by the small-minded people who try to suppress the Right of Equality and Freedom of Expression of homosexuals.

Data Analysis & Interpretation for Domestic Violence

Research conducted by The Wire showed the number of cases made under Section 498A of the Indian Penal Code, often known as ‘Cruelty by Husband or His Relatives,’ by the number of women in lakhs. The said the research was done to interpret the scope of domestic violence among women between 18 and 49 years of age.

When these figures are compared to the percentage of women who have complained about Section 498A of the India Penal Code, we see that domestic violence incidences are under-reported in 14 of the 20 states, or 70%. In Lakshadweep and Nagaland, Section 498A reporting is as low as 0, despite NFHS-5 figures indicating otherwise.

Domestic violence appears to be under-reported the most in Bihar, Karnataka, and Manipur, where the frequency of domestic abuse is around 40% or higher while incidence is less than 8%. Case files in Assam, Andhra Pradesh, Kerala, Telangana, Tripura, and West Bengal are greater than self-reported domestic abuse incidents.

Conclusion

Domestic violence can be controlled, but it will take a longer time to do so because India has extremely dynamic geographical landscapes and cultures, as well as diverse social norms, and connecting to a billion people is more challenging than locating a needle in a haystack. The community should pick ideal spouses that will not only act as role models for those other spouses but also educate other families in society on how to resolve conflicts in a nonviolent and courteous manner. Bringing domestic violence issues into the mainstream and altering social standards that emphasize civil behaviour can assist create an environment that supports behavioural change. On the other hand, the LGBTQ+ issues of violence and discrimination are still at a peak in India.

As stated before, the Supreme Court can only change laws, not people’s minds. Until a mass, national-level, mental block clearing initiative is created to educate the people about the LGBTQ+ community, there is no scope of ending homophobia in India anytime soon. Lessons on human reproduction are introduced in 8^th-grade biology in the Indian Education Boards, introducing chapters on gender identity and sexuality in 8^th grade can be the first step in expanding the scope of LGBT acceptance, as the age bracket of 12-14 is the onset of puberty and are also the stages of advanced development of the teen mind.

References

1. S. Payal, The Wire. Decoding the Decoding the Extent to Which Domestic Violence Is Under-Reported in India. February, 2021. https://thewire.in/women/domestic-violence-india-underreported
2. The Protection of Women from Domestic Violence Act, 2005.
3. Seth P., Decoding the extent to which Domestic Violence is Under-reported in India, The Wire, February 2021, https://thewire.in/women/domestic-violence-india-underreported
4. Dr. NG Dastane v. Mrs. S Dastane, 1975 AIR 1534.
5. Naz Foundation v. Government of NCT of Delhi, 160 Delhi Law Times 277.
6. Suresh Kumar Kaushal v. Government of NCT of Delhi, Civil Appeal 10972 of 2013.
7. Navtej Singh Johar v. Union of India, AIR 2018 SC 4321.
8. Vinita Saxena v. Pankaj Pandit, 17 (2003) DLT 44.

This article is written by Namay Khanna, a 3^rd year BBA LLB (Hons.) student at Symbiosis Law School, Pune.

INTRODUCTION

The global crime rate increases day by day at a highly accelerated rate. Criminology is a science based on the understanding of crime, policy and social justice. In the sense of applying theoretical knowledge to practical experience, it strengthens the work of law in practical lives. Criminology examines various fields like the behaviour of people who commit the crime, reasons why people commit a crime, the effect of crime on society and methods to prevent crime. The main goal of criminology is to find the cause of committing the crimes and the ways to prevent them. It examines the deviant behaviour of individuals who commit a crime and the impact on society at large.

Mostly crime is considered to be man dominant area in our society. Women are considered to be of a polite and spiritual character and they are considered to be the foundations of a family. Feminist criminology developed as a school in criminology because the major criminology theories were for men. It is a study mainly that focuses on women offenders, women victims and the impact of female criminality in society. Feminist criminology includes how women are ignored and stereotyped in criminology. Women committing murder, robbery, theft, and dacoity are easily escaped by the laws protecting them. Women committing the crime are generally stereotyped as mentally unstable. Claire M. Renzetti is the first person who brought the concept of feminist criminology¹ where the author mentions the development of criminology and examines the diversity of feminism.

BRANCHES OF FEMINIST CRIMINOLOGY

Liberal feminism concentrates more on political rights and equality. Liberal feminists’ main aim was gender equality in the field of education, workspace, marriages etc. Their main aim was that women should not be dependent on men for their living, they should also provide for their families. They also support reproductive rights such as abortion rights and strive towards ending sexual harassment against women. This increased the opportunities for women in society. As the women tend to go out for full-time jobs and not be dependent on men, they too might end up committing crimes.

Radical feminism does not oppose men, it opposes the system of patriarchy. It raised the consciousness regarding women’s suppression and it focuses on sexuality. They view male power as the cause of all problems. They argue that men tend to control women, and there are more female victims of male violence. Men always desire to control women and women being oppressed tend to commit crimes so that they can be relieved from the male dominant society.

Marxist feminism tends to argue about economic stability. Economic relation brings gender inequality where men are paid more comparative than women. Women are prevented from participating in all aspects of society as they are controlled by men as well as capital. Crime against women is common in capitalist society as higher economic imbalance creates higher gender inequality that causes violence against women.

Socialistic feminism correlates the relation between class and gender. It mainly draws many concepts of Marxist feminism where crimes against women happen not due to patriarchy but the economic dependence on men. There is discrimination against women in the workspace.

Postmodern feminism mainly focuses on the de-stabilisation of patriarchal norms and living in a gender-neutral society so that the male dominance in the society will be lesser and crimes against women will also decrease.

Ecofeminism is another branch of criminology where it is stated that women have a special biological and spiritual relationship. Like the exploitation of nature, women are exploited by men. A line of defence is also set up as against the domination of men on the planet².

THEORIES ON FEMINIST CRIMINOLOGY

Many stereotypical theories like Sigmund Freud’s Theory suggest that women commit crimes due to penis envy and they thought that they were not equal to men so they started committing crimes he said that female crime is just like longing for a penis. In Strain theory³, it was stated that most people try to achieve their goals but in order to achieve their goals faster, they tend to commit crimes. Feminists rejected this theory because women were not as financially independent as men to have their own goals and they commit far lesser crimes than men.

In societal disorganization theory, due to environmental circumstances or due to some cultures and depending upon who lives where; this was not accepted by feminists as it was stated that women under the control of men tend to commit fewer crimes. Control theories⁴ are not widely accepted because they focus on the class to which people belong and their tendency to commit the crime by including factors like attachment, educational commitment, academic involvement and social rules.

IMPACT OF FEMINIST CRIMINOLOGY

Neglecting female offenders, it is generally assumed that men are only the offenders. It is considered a tradition that women are soft and they do not commit any crimes. Women who challenge the patriarchal gender role structure are viewed as unruly women worthy of punishment. As far as the treatment of females within the criminal justice system is concerned, females should not be given lenient sentences as compared to that men when both people are involved in the same crime, just because she is a female.

The Justice system always refers that women are always society-centric and they have lots of responsibilities in the family as well as in society as a whole. So, women are given lesser punishment than men. Feminist criminology asks why women are supposed to be a victim every time & are supposed to commit fewer crimes than men just on the basis of their gender. According to a WHO⁵ report, 30% of women experience physical or sexual violence at some point in their lives and these violent acts are done by their intimate partner. Feminist criminology makes us think from different perspectives and makes us connect our ideas and help us to conclude a better solution in solving these problems.

FEMINIST CRIMINOLOGY IN THE 21^st CENTURY

There is a huge acceptance of feminist criminology nowadays. There can be lots of research and challenges that can be taken up in this field. The criminal justice system thinks differently about female offenders in the 21^st century where there are several concepts and angles to perceive female offenders. Feminist criminology focuses on the concept that why men and women differ in the path of crime using sex as a control variable; they determine the factors conducting much research that predicts female criminality. This is still needed in the 21^st century because empowering people is the most important and many people are still not aware of many crimes.

Feminist criminology also forms a global perspective and they study across the world regarding this subject. The focus on crime against women is an international issue faced by all women around the world. Abuse of women like child marriages, cheap labour and some traditional practices like female genital mutilation is the focus area in which feminist criminology must conduct further studies. Criminal justice policies are not the same across the world where women are severely punished for violating gender norms, they are often treated as offenders rather than victims too in some aspects.

CONCLUSION

Feminist Criminology is constantly developing and it has undergone various amount of changes. Though still people lack awareness of the feminist criminology concept, there are still places where women are punished for violating gender norms. There are only certain theories and limited publishments in journals regarding feminist criminology. Violence against women is not considered to be a new phenomenon. The study regarding feminist criminology is not explored in depth. The ideas of women thinking about social roles, ideas, and gender norms can also be brought here. Gender-based issues in the criminal justice delivery system can also be given a much wider discussion. Feminist criminologists can look upon the hindrances in achieving their goals so that they can help female offenders and victims to get a better justice delivery.

CITATIONS

1. 1^st Edition Routledge Bo.                                                         
2. LANE, P. (1998). Ecofeminism Meets Criminology. Theoretical Criminology, 2(2), 235–248.
3. Merton Strain theory of Deviance 1938.
4. Hirschi’s social bond theory.
5. Global and Regional estimates of violence against women, WHO Report, https://apps.who.int/iris/bitstream/handle/10665/85239/9789241564625_eng.pdf;jsessionid=A79DF84C464E0F3B278B3A87C6F44407?sequence=1.

This article is written by Sree Lekshmi B J, a third-year law student of Sastra University, Thanjavur.

CITATION

BLAPL No. 4592 OF 2020

BENCH

Justice S.K. Panigrahi

DECIDED ON

23.11.2020

RELEVANT ACTS

The Information Technology Act, 2000; the Constitution of India, 1950; and the Indian Penal Code, 1860.

BRIEF FACTS

The case’s factual matrix is that both the informant and the petitioner were in love with each other and were village mates along with classmates. Once, when the informant was alone at home, the petitioner took the advantage of the situation and went to her home and raped her, and recorded the heinous crime on his phone. After that, the petitioner blackmailed the informant that if she tries to tell to her parents then, he will kill her and would viral all the photos and videos of the petitioner on the social media account. The petitioner took advantage of the informant’s situation and maintained sexual relations with her. When the informant made her parents aware of the gruesome acts of the petitioner, he created a fake account of the victim and uploaded all the videos and photos on the account with the objective of traumatizing her. When the FIR was lodged, the police were unable to take any satisfactory measures on the said complaint which resulted in portraying the unsoundness of the system.

The learned counsel appearing on behalf of the petitioner contended that since the accused and victim are both adults, they are the best people to decide what is right or wrong. He asserts that the petitioner has an ITI diploma and is looking for employment, therefore his imprisonment will harm his career. He added that the petitioner is sincerely interested in getting married to the victim girl.

The learned counsel appearing on behalf of the informant contended that not only had the petitioner coercively engaged in sexual activity with the victim girl, but he had also cunningly recorded the private encounter and posted it to a fake Facebook account he set up in the victim girl’s name. Since the accused/petitioner is specifically accused of engaging in forced sexual activity against the victim’s will, the claim is quite serious. He further asserts that the case’s inquiry is still ongoing. The petitioner committed significant crimes, according to the entirety of the FIR’s allegations, the statement made under Section 161 of the Cr.P.C.¹ and other documents found in the records. At last, he contended that the victim has suffered grave mental trauma because of the tactics used by the accused.

ISSUES

Whether the victim’s rights, particularly her right to privacy, which is closely linked to her right to have those unpleasant photos erased, remained unanswered even though the Act stipulates criminal sanctions for those who commit such offences?

JUDGEMENT

The court held that although the impact of crime on the victim may vary significantly for the person(s) and case(s), the Indian criminal justice system is more of a sentence-oriented system with little emphasis on the disgorgement of victim’s loss and suffering. For some, the impact of crime is short and intense, while for others it is long-lasting. However, a lot of victims find the criminal justice system to be daunting, perplexing, and complex. Many people are unsure about how to get assistance. As in the present instance, the victim’s rights to have those submitted photographs and videos removed from Facebook’s servers are still unresolved due to a lack of suitable legislation. The court further added that without a woman’s permission, allowing such offensive images and videos to remain on a social media platform is an outright violation of a woman’s modesty and, more importantly, her right to privacy. In such situations, either the victim or the prosecution may, if so advised, seek the proper orders to safeguard the victim’s fundamental right to privacy by having the offensive posts removed from the public platform, regardless of the current criminal procedure.

CONCLUSION

The Court relied on cases decided in the European Union to examine the right to be forgotten issue. The General Data Protection Regulation (GDPR), which regulates the collection, use, and disposal of personal data, refers to the right to be forgotten. In accordance with Article-17 of the GDPR, Recitals 65 and 66, and if the controller has exercised due care, the victim has the right to have such information promptly deleted. Additionally, data controllers must make all necessary efforts to ensure that inaccurate data is deleted or updated as quickly as feasible in accordance with Article 5 of the GDPR. The victim cannot be expected to appear in court each time erroneous data or information is found, the Court noted, especially when the data is within the control of data controllers like Facebook, Twitter, or other social networking sites.

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CITATIONS

1. The Code of Criminal Procedure 1908, sec 161.

This article is written by Prerna Pahwa, a student at Vivekananda Institute of Professional Studies, New Delhi.

INTRODUCTION

The world is undergoing significant changes and developments right now, particularly in the commercial sector, which has seen the establishment of numerous industries, companies, and organizations. In order to raise their concerns or demand any kind of adjustment in their respective company or industry, employers must have some kind of process or activity available to the employees. Strikes and lockouts serve this exact purpose. This status or power imbued by the employer may result in specific issues or points of conflict with the employee or worker. While strikes and lockouts are the most common or well-known methods used by workers, they are not the only options accessible to them. Strikes and lockouts can be seen as a weapon that employees have against their employers.

INDUSTRIAL DISPUTES ACT, 1947

The Industrial Disputes Act, which went into effect on April 1, 1947, gave the right to strike, legal protection in India. Employer & Workmen Conflicts Act, 1869, Trade Disputes Act, 1929, and Rule 81A of the Defence of India Rules were India’s first industrial disputes laws before the Industrial Disputes Act, 1947.

Experiences with the Employer & Workmen Disputes Act of 1869 show that this law was largely in the workers’ favour. A special provision for strikes was included in the Trade Disputes Act of 1929, however, due to strike-related issues and ongoing disputes, this legislation was unable to bring about peace in the industries. During the Second World War, Rule 81A of the defence rule was introduced to further combat this. The Industrial Disputes Act of 1947 was created to resolve disputes in industries after World War II. The entirety of India is included in its scope of application. It applies to active industries, not to dormant ones.

STANDARD VACUUM OIL COMPANY OF MADRAS v. GUNASEELAM

The case’s facts are as follows: in the present, a group of employees from a particular company wanted to take a day off to celebrate “May Day.” Since they were choosing to take a day off, the group of employees was even willing to make up for the company’s losses for the day of “May Day” by working extra hours and thus, asked their employer to declare it a holiday.

However, the workers’ demands and cries for help were all met with a stone wall. As a result, the workers purposefully requested time off because their employer had forgotten to designate May Day as a holiday. Employees’ requests for unscheduled leave were ruled not to constitute a strike because there was no “cessation of work” or organized refusal to work.

UNDERSTANDING STRIKES

A strike is a potent tool used by trade unions, other organizations, or workers to express their demands or complaints against employers or industry management. In a different sense, it is the interruption of labour brought on by widespread protests. By refusing to report to work until their demands have been met, employees put pressure on their employers. Strikes may benefit the welfare of the workforce or they may result in economic losses for the nation.

VARIOUS TYPES OF STRIKES

Based on the global phenomenon of strikes, several types of strikes have been experienced, including economic strikes, sympathy strikes, general strikes, sit-down strikes, slow-motion strikes, hunger strikes, and wildcat strikes.

• Economic Strike: This type of strike is brought on by demands for increased wages and benefits including bonus payments, housing rent allowances, and transportation allowances.
• Sympathy Strikes: During these strikes, unions or employees in one industry join strikes that have already been supported by other unions or employees.
• General strikes are actions taken by all unions or members in a state or region to put more political pressure on the government.
• Sit-down strikes: In this scenario, employees stage walkouts at their places of employment, refusing to report for duty until their demands are met.
• Slow down strike: When employees or unions pressure the industry to meet their demands by limiting or cutting output, they are not going on a complete strike.
• Hunger strike: A difficult form is in which workers go on strike without access to food or water to voice their concerns. In protest of past-due salaries spanning several months, Kingfisher Airlines staff went on a hunger strike.
• Wildcat strikes occur when workers go on strike without the approval of their union or higher authority. In 2004, attorneys staged a wildcat strike at Bangalore’s civil courts in response to reportedly disparaging comments made by an assistant commissioner.

According to Section 2 (q) of the Industrial Dispute Act, a strike is “a cessation of work by a body of individuals employed in any industry acting jointly, or a concerted refusal, or an unwillingness, under a common understanding, of any group of people who are or have been so employed to carry on working or to accept employment.”

In Cox and Kings Limited v. Their Employees, the court determined that a strike can be justified if it is related to a present labour dispute or is intended to protest an unfair labour practice by the employer. One of the most essential tools at the disposal of workers and their organizations to advance their economic and social objectives is strike action. In the event of a labour dispute, it is the most prominent and divisive type of collective action, and it is frequently seen as the final recourse of workers’ organizations in pursuing their goals. Strikes, however, should not be seen separately from the entire field of industrial relations. They are costly and disruptive for employees, companies, and society at large, and when they happen, it is because collective bargaining efforts to improve working conditions failed.

THE REQUIREMENTS OF EXERCISING A STRIKE

The right to strike is frequently subjected to several requirements that must be satisfied by employees and their organizations. However, given the risk that these circumstances could restrict how freely workers and their organizations can plan their actions and develop their programmes, they shouldn’t unnecessarily preclude the use of strikes to protect workers’ interests.

In this regard, the following clauses are frequently included in laws:

• The use of all available conciliation or mediation options before a strike is called;
• The need for a strike ballot to be held, and for a majority of the affected employees to vote in favour of a strike before it can be known.
• The requirement is to give advance notice before calling a strike.

THE BEST WAY TO LIMIT DAMAGE DUE TO A STRIKE

To prevent a closure that would lead to job losses, workers should let the company continue operating. Employers ought to enlist the help of a reliable labour broker who can offer substitute workers during the strike. When dealing with one another, both parties should act politely and professionally.

CONCLUSION

After researching and examining various aspects of strikes, it can be said or inferred that strikes have repeatedly proven to be a very effective strategy used by both employers and employees to exert pressure on the other party to comply with their demands. Over the years, the strike concept has undergone a lot of advancements, which have also resulted in several changes to its application and scope.

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CITATIONS

1. The Industrial Disputes Act, 1947.
2. AIR 1960 Mad 288.
3. 1977 AIR 1666, 1977 SCR (3) 332.
4. Labour Legislation Guidelines, ILO, https://www.ilo.org/legacy/english/dialogue/ifpdial/llg/noframes/ch5.htm.

This article is written by Sneha Sakshi, a second-year BBA LLB student of SLS Pune.

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Introduction

India is a nation where traditions and customs are widely followed. The family’s dignity comes first and they expect to lead a very respectful life in society. There is a huge divide among the population in the country in the name of caste, religion, sex and locality. The prevailing social evils like casteism and discrimination on the grounds of religion, lead to honour killings. Honour killing is a murder performed on an individual either on an outsider or a family member to protect their dignity in society. To date, honour killings are still prevalent in India despite, the development which is happening in the country.

Recently, a Dalit man was killed in Hyderabad by his Muslim wife’s brother. The man was killed because the woman’s family didn’t accept the interfaith marriage. It was also stated by the woman that her brother tried to hang her when she stated that she wanted the marry Nagaraju who even was willing to change into a Muslim for her¹. Due to the deep-rooted traditional cultures present in India, honour killings are based on orthodox beliefs. India is considered to be a patriarchal society where women are seen as a commodity and not as equals to men. They see women as a representation of the family’s reputation. Their rights and choices aren’t given any preferences even when the constitution sees men and women equally.

Defining ‘Honour killing’

An individual is killed in ‘Honour killing’ if a family member or hired killer believes that the person has compromised their moral character and, as a result, tarnished the family’s reputation. Both the victims and the perpetrators of honour killings may be male or female, and the crime may be committed for a variety of criminal reasons. The victim or the offender may be the target of an honour killing in situations where there has been an evident sexual transgression.

Factors causing Honour Killings

The concept of Honour killing was present in India since ancient times. People have reported crimes against their relatives and described these executions as a demonstration carried out to preserve the family’s dignity. Honour killings have historically been committed primarily as sexual orientation-based crimes and have been used as a tool to maintain the dominance of men in society over women. This doesn’t mean that the man has been completely spared from this horror, though.

Illiteracy also is a reason for the honour killings as many of the people wouldn’t be open enough to understand the concepts like homosexuality and inter-caste or faith marriages. Many households aren’t comfortable accepting marriages with lower caste members and this is one of the major factors triggering the honour killings in India especially.

The presence of Khap panchayat is also a reason for the honour crime to be existent in India; also called caste courts. The Khap panchayat, an endogamous, gotra-centric clannish body, developed into a powerful institution in the area around Delhi during the Middle Ages in response to the tenuous state of law and order brought on by the recurrent incursions of foreign invaders into that region. It served two purposes: to protect its members and to mediate conflicts among them. However, the Khap panchayat is an unauthorized organization to declare that something is unethical because of their ideologies.

The case of Laxmi Kahhwaha v. The Rajasthan State² along with a PIL (Public Interest Litigation)had drawn the attention of the Rajasthan High Court. The court had observed that these unconstitutional self-styled panchayat systems have been imposing their authority on the weaker sections of the society, especially on women. It further observed, “These panchayats had no position whatsoever to pass social blacklists, or impose any fine on someone and ignore a person’s basic rights.”

Provisions present against the Honour Killings in India

Constitutional framework-

The offence of Honour killing is against the fundamental rights assured by the Constitution. It violates Article14, 15 (1) and (3), 17, 18, 19. It also violates Article 21 i.e., the Right to Protection of life and personal liberty which says that no person shall be deprived of his life or personal liberty except according to procedure established by law³ which cannot be infringed unless prescribed by the law which is fair, free and just as per the case of Maneka Gandhi v. Union of India⁴.

On the recommendation of the community panchayat, a 20-year-old woman in West Bengal was gang raped because she was dating a guy from a different group. The Supreme Court took suo moto cognizance of the case⁵. As part of Article 21 of the Indian Constitution, the Court reaffirmed that the State has a responsibility to uphold the right to choose one’s spouse.

Under Section 3 of the Indian Majority Act, 1875 any person who has attained 18 years of their age is considered to be a major⁶. However, the eligibility for marriage is 18 years for women and 21 years for men where they have the right to choose their partner and it was held in the case of Lata Singh v. State of U.P. & Anr.⁷ by the Division bench of the Supreme Court that the inter-caste marriages are valid according to the Hindu Marriage Act and it was also stated that if the parents had a problem in such marriage, they can cut the social relations with them but they don’t have any right to harm the couple. In the event of such violence, the court can institute criminal proceedings against them. The Supreme Court, in the petition by the NGO Shakti Vahini v. Union of India⁸ declared, “It is illegal for Khap panchayats to scuttle marriages between two consenting adults.”

Indian Penal Code 1860⁹ provisions-

Any individual found guilty of murder or culpable homicide that does not amount to murder is punished under Sections 299–304. The murder penalty consists of a fine, life in prison, or death. Culpable homicide that is not murder is punishable by a fine and life in prison or a maximum of 10 years in jail.

Section 307: Threatening to kill is punishable by up to 10 years in prison and a fine. If someone is hurt, the sentence may be increased to life in prison.

Section 308: Penalties for attempting to commit culpable homicide include up to three years in jail, a fine, or both. If it results in harm, the offender faces up to 7 years in prison, a fine, or both.

Criminalize anyone who participates in a criminal conspiracy under Sections 120A and 120B.

Sections 107 to 116: Punishes those who aid and abet killings, including culpable homicide.

Criminal acts committed by multiple people in service of a single goal are punishable under Sections 34 and 35.

Other provisions-

The Schedule Caste and Schedule Tribes Act, 1989, The Protection of Human rights Act 2006, The Protection of Women from Domestic Violence Act, 2005, Dowry Act, etc., are present to punish the offender, whoever commits the offence. Due to Casteism, there are many cases where the lower caste people have been tortured and killed for marrying a superior caste person.

Reforms Suggested

Prevention of Crimes in the Name of Honour and Tradition Bill 2010- According to a recent ruling by the Supreme Court, parents or Khap Panchayats cannot intervene in an adult couple’s decision to be married. The most recent decision confirms the Supreme Court’s 2010 directive to the central government to stop honour killing. There has been a proposal to amend IPC and remove the Khap panchayats.

Punishments and Penalties

The convict is awarded death penalty or imprisonment for life and a penalty more than Rs. 5 lakhs. In situations of grave injury, the punishment is 10 years in imprisonment and a fine of Rs 3 lakh, or 3-5 years in prison and a fine of up to 2 lakhs.

Conclusion

Honour killing is a barbaric practice which is still happening in a nation like India which has been developing at a very fast pace. Due to the deep-rooted social evils, the practice is ongoing in rural areas mostly. These types of killings occur due to the disapproval of marriage with the lower community or a caste person or when the sexuality of the persons differs or due to the loss of virginity prior to marriage, and the list goes on.

For same-sex marriages and inter-faith and cultural marriages, it is important to notice that many people in rural areas are uneducated and still have outdated ideologies as they don’t have proper exposure. However, it is important to understand that even though a person’s interest differs from their family, they do not have the authority or the right to take the law into their hands and kill them. Being in a democratic country, people have a right to choose the way they want to live. People have a right to choose their sexuality and their partner as it is their choice. Article 21 doesn’t just mean mere breathing, it is a right to live with dignity and peacefully. The choices opted by the persons regarding their priorities in life do not affect anybody and no one has a charge over a major’s life.

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Citations

This article is written by K. Mihira Chakravarthy, 1^st year, B.A. L.L.B. student from Damodaram Sanjivayya National Law University (DSNLU).