Legal Archives - The Womb

Marital Rape Jurisprudence: Inconsistencies Reaffirming Cruelty Based on Age

Guest Author08/12/2024044 views

Cruelty anywhere is sickening, but cruelty within marriage is ironic and sickening! Marital rape has been a contested issue since time immemorial. The issue resurfaced after the recent Bombay High Court’s ruling on 12th November 2024, wherein a man’s 10-year jail sentence for committing rape on his minor wife, was upheld. While there is no fault in the court’s decision, the news brought me to many realizations relating to the inconsistencies that plague rape laws in India.

RGNUL Student Protest- A Symbol of Pervasive Culture of Sexual Harassment in National Law Universities

Parika Singh08/12/2024028 views

The Rajiv Gandhi National University of Law (RGNUL) students, Patiala, became a testament to Fawcett’s words when they chose to stand together against their Vice-Chancellor (VC) this week. In the scorching heat, 400 students sat in a protest demanding resignation from the University VC citing his sexist remarks and orthodox approach toward students.

Police Torture of Dalits in Madhya Pradesh: Beyond a Law-and-order Failure!

Guest Author08/12/2024038 views

Police torture has been an issue in India since time immemorial. Legislators have always framed laws from an angle of curbing police torture. Yet, the reality presents a stark contrast, thereby, reaffirming that we are a nation paying no regard to the most vulnerable sections of our society!

The issue of police torture sparked discussions throughout our country when an old video, from October 2023, of a Dalit woman and her grandson being beaten by the railway police in Katni, Madhya Pradesh went viral on social media. Post this video going viral, the current scenario is that an investigation has been launched by the deputy superintendent of police, after the concerned police-in-charge had been removed.

फर्रुखाबाद: परिवार का दावा आत्महत्या नहीं बलात्कार और हत्या है

Editor08/12/2024035 views

यूपी के फर्रुखाबाद में दो दलित लड़कियों के शव पेड़ पर लटके मिलने की घटना ने एक बार फिर पूरे देश में डर का माहोल पैदा कर दिया है। कोलकाता में ट्रेनी डॉक्टर के साथ हुए दुष्कर्म की घटना पर पूरे देश में आक्रोश का माहौल अभी शांत ही नही हुआ कि यूपी से एक ओर दिल दहला देने वाला मामला सामने आया है। बीते 26 अगस्त की शाम को दो सहेलियां जिनकी उम्र 15 वर्ष और 18 वर्ष थी, पूरे उत्साह से जन्माष्टमी का कार्यक्रम देखने मंदिर गई परंतु फिर वापिस अपने घर नहीं लौट पाई।

Breaking – Farrukhabad Horror : Family Claims Rape & Murder While State Suggests Suicide

Editor08/12/2024048 views

Farrukhabad in Uttar Pradesh witnessed a chilling site as two young girls were found dead, hanging from a tree the morning after Janmashthmi. Belonging to the Dalit community in Bhagautipur, close friends and neighbours aged 15 and 18 years went missing from their homes on Monday after coming back from the celebrations at their village temple.

Kolkata Rape And Murder Suo Moto Proceedings: A Call For Enhanced Safety Standards!

Guest Author08/12/2024053 views

The Supreme Court bench comprising CJI DY Chandrachud and Justices Manoj Mishra and JB Pardiwala, on 20th August 2024, shed light on the recurrent safety issues faced by women in our country, during the Suo moto proceedings on the Kolkata doctor’s rape and murder case. The crime took place on 9th August 2024 and the talk on safety has spurred since then. However, Justice DY Chandrachud emphasizes on ensuring safety in actuality through national protocols.

From Labharthi To Leaders, The Real Rakhi Gift Indian Women Need

Srinivas08/12/2024029 views

The visuals of two women being buried alive in the Rewa district of MP merely for standing up to the construction mafias and opposing construction on their leased land sent chills down the spine. Notwithstanding that the dispute was personal – the sheer impunity of the accused in attempting to bury women alive, is revealing of the general attitude towards women in India. But when it comes to women’s rights, nothing seems to be shocking enough to jolt us into action.

‘Reclaim The Night’ Protest 2024

Guest Author08/12/2024020 views

Ground protest, sometimes seem to be the only panacea to outright fundamental right violations in India. Expressing outrage against the ghastly Kolkata rape and murder case, men and women, especially women in large numbers hit the streets in Kolkata on the eve of the Independence Day, 2024. While the protests were initially planned to happen in college street and academy areas of Kolkata, it spread across the nation as many other cities stepped in to reclaim the night and highlight the safety issues that women still face in our country. However a small group of people also entered into the RG Kar Medical Hospital and college, vandalizing the hospital property and attracting attention in the news for its violent nature, taking away some of the attention from the otherwise well meaning and very impactful protests on ground.

Champions of Change: Supreme Court’s Verdict on Strengthening Women’s Maintenance Rights

Guest Author08/12/2024033 views

Women in India, like in most developing countries across the world, have suffered long-standing oppression to the point where taglines such as “striving for gender equality”, “women empowerment” and “women rights” are so popular and basic for any write-up title. In search of a unique and catchy title, I opened ChatGPT to send a prompt – “write an empowering and catchy quote on women who have discriminatory personal laws in India” and received the following response:

“Women are not just subjects of personal laws; they are champions of change, fighting for justice and equality in every corner of India.”

A Sign of Obsoleteness: Marital Rape exception in the Bhartiya Nyaya Sanhita

Guest Author08/12/2024029 views

The marital rape exception (referred to as the ‘MRE’ by the Delhi HC) has been a contentious issue in the legal world. The introduction of new criminal laws, that have come into effect on 1st July, have fuelled the debate further. The Bhartiya Nyaya Sanhita (hereinafter referred to as the ‘BNS’), as the ruling government claims, intends to wipe out archaic traces of the colonial era embedded in the IPC. However, marital rape being retained in the new law, as an exception to the rape offence, has attracted criticisms that question the very purpose of the criminal law overhaul in the country. This article aims to evaluate judicial views on this matter while making a strong case for deleting the MRE to uphold individual liberty.