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Domestic Violence: Crime and its Legal Recourse for the Victims

  Author: Anand Shaw Introduction Domestic Violence the phrase means any damages or hurt upon someone by physical force occurring within the boundaries of house. The behavior to hurt somebody covers physical, verbal, sexual, mental and psychological attacks that adults use against their family members. “It was just a slap!”, “This happens in every house”, “She must have done something to provoke him”, these are few phrases that people use to justify domestic violence against women. In fact the ancient Indian text Manusmriti equated women with animals and sanctioned beating them when they made a mistake or acted without their husband’s permission. “Bharya putrasca dasasca pre yo bhratra ca saudara; Praptaparadhasta ya syu rajjva ve udalena va” “The wife, the son, the slave, the servant and the uterine brother shall be beaten with a rope or a split bamboo, when they have committed a fault.” Similarly in medieval Europe husbands had the right to ‘chastice’ or physically discipline their w

Data Privacy Issues Due to Increased use of Technology – An Assessment through the Functioning of Cyber Cookies in India

Author: Anna Mary Mathew INTRODUCTION Privacy in normal connotation can be defined as the protection of personal as well as sensitive personal information from being made known to third parties unless it is given specifically assent by the person whose information is released. Data privacy is the term that is accorded to protection of personal information in technological space. This brings us to the next question as to if there is any difference between data privacy and security. Security comes under the broader head of Data privacy . Security ensures that an individual’s personal information stored in the form of data is inaccessible through malicious software, but how about the technology that is present in the websites in the form of cyber cookies. Some of these cookies do not even seek prior approval from collecting our data. Hence, a clear breach of our privacy is committed. This blog will examine India’s stance with regard to data privacy specifically through the focal point

Custodial Violence is an attack on Human Dignity

Author: Sarmistha Ghosh University School of Law Research, USTM “With Great Power Comes Greater Responsibilities”  Introduction As a result of the police officer's shooting of George Floyd, a massive movement has emerged in the United States and throughout the world in recent days. A few days after Floyd's death, outrage erupted in India over the custodial torture and subsequent deaths of a father and son at the Sathankulam police station in the thootukudi district of Tamil Nadu. The alleged charge against them was even more shocking: they had kept their shop open past the permitted time. Since this was a minor offence for which the accused should have been granted bail, the magistrate's role in the case is also under scrutiny. Until a radio RJ broadcast a video of the incident, no one would have paid any attention to this case. However, the public's outcry over the incident has once again brought scrutiny to police behaviour, leading to an inquiry and the arrest o

Intersectionality in terms of Gender, Caste, and Disability

  Author: Shruti Sheetal Kirit P. Mehta School of Law (NMIMS), Mumbai INTRODUCTION Disabled women belonging to the lower strata of the Indian society, referred to as the Scheduled Caste is one of the most vulnerable positions to be in. Since the oppression of the victim happens on so many stages therefore the rendering of justice the same should be assessed under the multiple perspectives to which the victim is subjected. The topic of 'Rape of Disabled' came into the limelight by the recent judgment of “Patan Jamal Vali v. State of Andhra Pradesh ”.  Facts of the Case: This case is about a blind girl (aged nineteen) who belonged to the Scheduled caste community. She was raped by one of her own brother’s consociates, inside her own house in broad daylight. The girl’s mother was just fifty yards away, at the public water pump, doing her household chores when the accused inquired about the location of the members of the house. On finding out that the poor girl was all alone, the a

Sologamy: A Holy Revolution or a Trivial Mockery?

Author: Nistha Sahoo A country with diverse economies, perspectives, ideologies, beliefs, traditions and thoughts makes India extraordinary and exceptional. A country where marriage is deep rooted with past customs and traditions, intrudance of a new thought or new vision withers out the viability of things from a bigger picture. A thought of Sologamy seemed to be a new hope in the repressed boundaries of society which tries to fit oneself in the same jurisdiction. In a false world of prejudiced promises, someone prioritising oneself over anyone is gutsy. An individual’s interpersonal relationship is the preliminary step to envision a country of freedom and peace. Acceptance of something out of the box, understanding the concern behind that is essential. Being real is an act of authenticity not a disgrace.   To understand the way marriage is portrayed in India, we need to dig inside the essentials of marriage act, rights of Art