The Debate on Chemical Castration: Balancing Justice and Human Rights

Author: Shefali Awasthi & Shambhavi Upadhyay are students at the University School of Law and Legal Studies, GGSIPU. Introduction Sexual abuse especially related to children is considered to be one of the most heinous atrocities that is prevalent globally. Recently, the issue came to the limelight when the parliament of Madagascar, a nation in the...

DECODING THE PATRIARCHAL MOORINGS OF SECTION 376C OF THE INDIAN PENAL CODE [IPC], 1860 [by Gurkaranbir Singh*, Anvita Bhardwaj**]

INTRODUCTION  This article genealogically pays attention to the judicial grammar employed in adjudicating rape trials in India. Through historically reading some landmark judgements and amendments pertaining to the offence of rape, the authors draw critical attention to the word ‘consent’. From its almost absence to becoming the kernel of adjudicating rape trials, consent constitutes to...

Marital Rape- Sexual Violence Under the Veil of Conservatism-What are Some Justifications Given and How can they be resolved?[Aadithya J Nair*]

Introduction      On September 29, a bench led by Justice DY Chandrachud in X vs Principal Secretary, Health and Family Welfare Department, Govt of NCT Of Delhi, significantly held that the meaning of rape must be held to include "marital rape" for the purpose of the Medical Termination of Pregnancy Act and Rules. Marital rape...

The Real Effect of Rape by False Promise to Marry [Rishita Khandelwal*]

Introduction A. WHAT CONSTITUTES AS RAPE BY FALSE PROMISE TO MARRY? Rape by false promise to marry occurs when consent for sexual intercourse is obtained by a man from a woman based on his promise of marriage. Since the definition of consent under Section 375 the Indian Penal Code, 1860 (“IPC”) is noticeably clear and...

A Comparative Analysis of Stealthing – The Unwarranted Removal of Condom during Sexual Intercourse[Kranti Deshmukh* & Shrirang Ashtaputra**]

INTRODUCTION: Across every constitutional democracy, individuals enjoy the fundamental right to bodily dignity and hence, the right against torture, sexual assault, and rape. Individuals have the right to exercise their sexual freedomand any coercion or undue influence proved with that regard can lead to serious legal consequences. The offence of rape therefore, manifests when consent...

Evaluating the Suitability of the Death Penalty for Child-rape: A Comparative Analysis [Natasha Singh]

INTRODUCTION In August 2019, the Protection of Children from Sexual Offences (Amendment) Act, 2019 was promulgated. This Act altered and strengthened many of the existing provisions relating to child sex abuse laws in India, but most notably, introduced a death penalty for the aggravated sexual assault of a child.[1] As the POCSO (Amendment) Act came...