-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
-Aarya Dubey & Kush Shanker. INTRODUCTION Recently, in a judgement delivered by the Hon’ble Ram Manohar Narayan Mishra J. of the Allahabad High Court, it was observed that groping breasts, snapping off the girl’s pyjama strings and dragging her beneath the culvert prima facie do not constitute an attempt to rape under the relevant provisions … Continue reading WHO GOT IT WRONG—THE ALLAHABAD HIGH COURT OR US?
-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
~By Vasundhara Mehta Introduction Recently, during my time at the chambers of the Hon’ble Mr Justice S. Ravindra Bhat, Judge, Supreme Court of India, I encountered the quagmire posed by consensual adolescent relationships in India. Almost every day at the Apex Court, I would hear the advocates state that the ‘victim’, a minor girl has … Continue reading On POCSO and the Need for a Balancing Act to Navigate the Quandary Posed by Consensual Adolescent Relationships
~By Tanya Verma Necrophilia, characterized by the pursuit of sexual satisfaction through engaging in sexual acts with corpses, has undergone a significant transformation in societal perception. The recent acquittal by the Karnataka High Court (HC) of a man accused of sexually assaulting the lifeless body of a 21-year-old woman following her murder highlights the concern regarding the … Continue reading Right of the Dead: Analysing the Legal Framework for Necrophilia in India
-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 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
