-Bhushan Raut Introduction The most difficult cases in criminal law are not the ones where the law is silent, but where it speaks and it produces an answer that feels normatively unsatisfying. The Delhi High Court’s order in the Unnao rape case is one such instance. Few cases more starkly demonstrate the abuse of power, … Continue reading Between Text and Purpose: Interpreting “Public Servant” Under POCSO
- Vaani Negi Introduction Adolescence, the latest four-episode miniseries on Netflix, has been rapidly gaining acclaim, and deservedly so. The series delves into the harrowing aftermath of a 13-year-old boy being accused of murder. The narrative reveals school-going children looking for direction from a digital world that warps their perceptions, rather than from teachers no … Continue reading Penalising Adolescent Bodily Agency: Is It Time to Revisit Consent under the POCSO Act?
-Sharnam Agarwal Introduction Every day in India, 86 women are reported as victims of rape, according to the National Crime Records Bureau [“NCRB”]. Among these harrowing statistics, the most disturbing trend is the 96% increase in child rape cases from 2016 to 2022. A recent judgment by the Rajasthan High Court in Suwalal v. State … Continue reading Beyond Technicalities: A Call for Judicial Sensitivity in Indian Rape Cases
- Vedant Choudhary The Law Commission of India in its 283rd report, titled, ‘Age of Consent under the Protection of Children from Sexual Offences Act, 2012’ has recommended against amending the age of consent under the POCSO Act. This negative recommendation comes in light of growing cases of romantic relationships between minors, where de facto … Continue reading The 283rd Law Commission Report – Better If Not Implemented
-By Sarthak Bhardwaj and Rupam Jha Introduction: In India, every sensitive socio-political development finds its way to the judiciary. The Supreme Court and the various high courts are constantly grappling with several matters of public importance. However, seldom do judgements assume the centre stage and become a subject of controversy. This is precisely what happened … Continue reading Sexual Assault under the POCSO Act: A Flawed Interpretative Methodology
-By Nirvani Bhawsar and Karshin Malik Recently, Rehana Fathima who is a women's-rights activist from Kerala was booked under Section 13, 14 and 15 of The Protection of Children from Sexual Offences Act, 2012 (POCSO), Section 67B (d) of the Information Technology Act, 2000 (I.T.Act) and Section 75 of The Juvenile Justice (Care And Protection … Continue reading Locating Female Nudity in the Socio-Legal
By Arush Mittal Introduction Sudan has recently seen a landmark development concerning the rights of women, as the Sudanese government has recently ratified and criminalized the draconian practice of Female Genital Mutilation (‘FGM’). In the past, the transitional government had been working to curb this widespread practice and in turn, approved the draft legislation after … Continue reading Criminalization of the practice of FGM in Sudan: A Ray of Hope
By Tanvi Rahim and Sannidhi Buch The 2019 Amendment “There can be no keener revelation of a society’s soul than the way in which it treats its children.” -Nelson Mandela Sexual abuse of children is a dark reality which is prevalent in several countries. A recent review of 55 studies from 24 countries found that … Continue reading The 2019 Amendment to POCSO: A Socio-Legal Analysis
By Shivangi Pandia Remember our parents telling us about the term “stranger danger” and the risk that we might be exposed to on the internet? Today the youth is facing much more insidious threats to its emotional and mental health with the menace of cyber flashing. Have you ever come across a situation when you … Continue reading Stranger Danger: Making a Case for Cyber Flashing as a Crime
By Samarth Srivastava INTRODUCTION In today’s globalised world, Non-Resident Indians (NRIs; Indian citizens who work overseas on a visa and are actually Indian citizens) and Persons of Indian Origin (PIOs; people who live overseas and are Indians by descent) form an important part of the economic and social prosperity of many countries across the globe. … Continue reading Parental Child Abduction and the Extraordinary Application of s.188 CrPC.
