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Author(s):  
Tripti Chandrakar

It has been seen from the last decade that the misuse of un-exempted provisions of dowry law been increasing and in result the other party is facing the world with great loss. A long delayed case of dowry has been pending in district courts just due to clashes of hard provisions of law and lack of evidences. Even just after the complaint a woman can claim and complaint of other additional things as a right of wife like maintenance which leads to makeable financial burden on man irrespective of his financial and social position. Women use the weapons called Section 498A and Dowry Act to file a false complaint so as to attack their husband. Section 498A of Indian Penal Code is a provision under which a husband, his parents, and relatives can be booked for subjecting a woman to cruelty to meet their unlawful demands (dowry). Generally, the husband, his parents, and relatives are immediately arrested without sufficient investigation and put behind bars on non-bailable terms. The NCRB’s ‘Crime in India’ report categorizes crimes various heads of the IPC. If one looks at the respective conviction rates of all the categories, cases registered under Sec 498-A (Cruelty by Husband & Relatives) have one of the lowest conviction rates. In 9 out of these 10 years, the conviction rate of Sec 498-A cases was in the bottom three. This study concentrates on the effects of misuse of dowry law on man which has always been neglected. In India the trial courts are just filling their duty by giving dates of hearing and due to this delay the husband and his family members are paying which deteriorates their life without any fault. This research aims to count the loss of man and his family on monitory and social term specially the cases pending long before the trial courts.


Author(s):  
Sriya Das ◽  

In delineating the painful experiences of LGBTQ individuals after the introduction of Section 377 of the Indian Penal Code R Raj Rao’s works look into the struggle of these people to survive the onslaught of normative sexual discourses. Given the fact that Queer sexuality has been continuously questioned, suspected and tormented prior to its legitimate recognition in 2018, Rao draws attention to the nuances of gay urban life in India. The paper critically analyses the representation of gay subculture in the cities of India as reflected in select works of Rao. It demystifies how gay people share the urban space, manage to make room for their pleasure in the cities, and pose a threat to the dominant understanding of sexuality. The ultimate objective of this paper is to understand the role of the city in the (un)making of a subcultural identity. Textual analysis, with reference to certain theoretical frameworks, would be used as a qualitative research method.


2021 ◽  
pp. 106-139
Author(s):  
Deana Heath

This chapter continues the exploration of the ways in which torture was facilitated in colonial India begun in Chapter 2 by analysing the role of the judicial system in such a process. It argues that the creation of an enabling legal environment for torture was vital to the construction of India as a regime of exception. The chapter examines how, although extra-legal torture was enshrined as an offence in the Indian Penal Code and other legal provisions were made during the course of the nineteenth century to make it more difficult for the police to commit torture, the law, and with it the wider judicial system, ultimately did little to limit their official discretion to do so, most notably through privileging confessions over other forms of evidence. The chapter also considers the nature and operation of the judicial system in the nineteenth and twentieth centuries, particularly how the recruitment and training (or lack thereof) of magistrates and judges, colonial evidentiary norms, the over-reliance on medical testimony, the management of police violence extra-judiciously, and the lack of separation of powers between the judiciary and the executive enabled police torture.


2021 ◽  
pp. 221-223
Author(s):  
Chitra Jangid ◽  
Suryapratap Ray

One of the major issues that we can observe as a trend; also, the constituent considers it as a criminal act is “SUICIDE”. The scope of this research covers the statistical analysis of the recent trends in suicidal activity in various states of India. Section 306 of IPC (Indian Penal Code) covers this crime and states “Whoever attempts to commit suicide and does any such activity towards the commission of suicide, shall be punished with simple imprisonment for a term which may extend to one year or ne or both”. Although various governmental and non-governmental organisations continuously spreading awareness among people, but various reasons still dominating to result such crime to be happened. Following analysis is based on age groups, gender and region wise comparison to reveal the stats in the near past. This can be helpful for various studies further and can give an Idea regarding the act.


Author(s):  
Ruchi Saini

Despite having one of the largest and fastest-growing post-secondary sectors in the world, there has been increasing protest against the lack of academic freedom within HEIs in India in the past decade. This research study carries out a comparative analysis of academic freedom within HEIs in India and the U.S., with a specific focus on how the notion is formulated within key policy documents and the provisions to safeguard it. Preliminary data from the systematic review revealed that while policy documents within both the countries frame the notion along similar lines, various sections within the Indian Penal Code are used to criminalize useful dissent and freedom of expression within HEIs. The study recommends that in order to safeguard academic freedom in India, certain specific sections within the Indian Penal Code (Section 124A, Section-153A, Section-292, Section-295A) should be either repealed or reformulated so that they are not amenable to misuse by the government.


2021 ◽  
Vol 37 ◽  
pp. 01010
Author(s):  
R. Jegatha ◽  
P. Sharmila ◽  
U. Ganesh ◽  
S. Dinesh

In India the crime increased with a percentage of 1.3% as per the NCRB data, in number, there are around50.74 lakh crimes under the Indian Penal Code and around 20 lakh crimes under local laws. There are many ways to detect where crimes are committed but those locations needed frequent monitoring. During an emergency call foran incident quicker response is required. The cops may/may not reach the location in time because of road transportation.But with UAV, the reaction for the call can be made better .UAV make an incredible time in reaching the exact location through the air medium. So the people in Law and enforcement sometimes use COTS (Commercial off the self) drones. They are not purposely made for it .The purpose of the paper is to make a custom UAV with the perfect specification to handle various critical situations.


2020 ◽  
Vol 19 (1) ◽  
pp. 137-156
Author(s):  
Parul Priya ◽  
Anurag Kumar

AbstractThe Supreme Court of India recently decriminalized section 377 of the Indian Penal Code to outlaw the unfair violence and discrimination against transgender people. The paper argues that despite the legal acceptance of Section 377, the discrimination and social exclusion of transgender people continue in the Indian public sphere. The method of Interpretative Phenomenological Approach has been used to analyze the interviews of five transgender people from Jammu city. The findings suggest patterns and relationships within the data which are useful for understanding various ways in which transgender people negotiate and contemplate their lives outside the known social network they resort to. By analyzing the interpretations of selected transgender people, the study reveals that they bear the brunt of social and economic exclusion due to their gender identity on day-to-day basis.


Author(s):  
Dr. Suprabha S Karwa

Dowry death is a burning issue of the Indian society since years. The unnatural death of newly  married  young  woman  due  to  dowry  is  routine  headline  of  every  newspaper and television news. Protection of young married women against harassment and cruelty on account of dowry is responsibility of government. There are some laws for such crime in India.  Ban of giving and taking dowry - the Dowry Prohibition Act, 1961, is the one which is most commonly challenged since its commencement all over the country. To deal with this section 304 - B (Dowry deaths) and 498 - A (Cruelty by husband or in-laws) were incorporated in the Indian Penal code in the mid 1980's. Improvement of educational status of females and society willing for dowry by educational cum awareness programs along with severe punishments to offenders will be helpful to deal with this social crime.


Author(s):  
Sujit Choudhry

In Johar, the Supreme Court unanimously struck down Section 377 of the Indian Penal Code (IPC), which criminalized same-sex relations. The idea of transformative constitutionalism figured centrally, as did a piece of the global template of rights-protection—proportionality. In Johar, the Indian Constitution was envisioned as a transformative document, in two senses: anti-colonial and cosmopolitan. It gave birth to a radically new constitutional order that conferred citizenship and political power on the previously disenfranchised living under the yoke of British imperial rule. The Indian Constitution was also a cosmopolitan constitution in its fidelity to the universal principles of liberty, equality, and fraternity. These two conceptions of transformative constitutionalism define the scope of admissible reasons for proportionality analysis. Section 377 of the Indian Penal was unconstitutional on the cosmopolitan ground that mere social morality was an insufficient reason to limit the right to engage in harmless, constitutionally protected activity, the basis on which courts around the world have struck down parallel provisions. I argue that Section 377 was also unconstitutional for the anti-colonial reason that it was an element of the Imperial constitutional order in British India in the period after the Indian Mutiny in 1857 of indirect colonial rule.


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