Sexual Violence in the University Campuses of Delhi, India, and Therapeutic Jurisprudence for Justice to Victims

This chapter explores the existence of therapeutic jurisprudential approach in the present laws and guidelines that may address sexual harassment in the university campuses in Delhi, India. It has been seen that sexual harassment in the college campuses has often been overlooked as courtship problems between young adults. In this course, the trauma and victimization of women had also been overlooked. This chapter suggests that university campus sexual harassment may be exhaustive and it may include various forms of harassment including physical touching, verbal sexual bullying to even graver offences like molestation. This chapter researches on several forms of sexual harassments which are prevalent in the university campuses and which may defy the existing regulations due to the patriarchal social setup. It further researches on needs of therapeutic jurisprudence to deal with such problems.

Female Victims of Labor Exploitation Vis-à-Vis Labor Courts in the Southern Tamil Nadu, India

The exploitation of young female workers is rampant in the spinning and textile units of southern Tamil Nadu, India, under the notorious ‘Sumangali Scheme', which has features similar to bonded labor. Until now, an increasing number of studies have been conducted to examine the characteristics of this abusive scheme, including the patterns of victimization and its subsequent effect on the physical health of sumangali workers. Yet, very little is known as to how legal procedures, and the roles or actions of legal actors within industrial courts, commonly known as labor courts, impacts the emotional life and psychological well being of these female laborers. In this chapter, we claim that sumangali victims often experience ‘secondary victimization' as a result of their contact with labor courts, and most often, due to their relative failure to access labor courts. We aim to address these issues from TJ perspectives and provide suitable solutions that may reduce the incidence of secondary victimization (among the sumangali victims).

Sexual Harassment of Women in Workplace in India

Therapeutic Jurisprudence is legal conscience seeking for a fully-functional system that involves collaboration of sensitized judiciary, academicians and practitioners, working in a congenial environment which collectively facilitates in healing process of the victim. Similar to the principles of Therapeutic Jurisprudence, preventive laws too aims for more humane approach with regard to legal matters. In fact, preventive laws may also be viewed as ‘pro-therapeutic jurisprudence'. In a more comprehensive and treatment oriented legal service system, prevention has to have prominence over healing goals. Laying emphasis on preventive law does not negate the importance of healing objectives set forth by Therapeutic Jurisprudence rather preventive laws supplements to the overall aim of enabling ‘healing power of law'. An ideal system would be wherein preventive laws are implemented effectively and therapeutic jurisprudence works efficiently. This chapter aims to assess the implementation of preventive laws and practicing of therapeutic justice for victims of sexual harassment in New Delhi, India.

Women and the Impact of the Shifting Jurisprudence in New Delhi, India

Through an ethnographic research in the resettlement colonies of Delhi, India, the present study aims to address the effect of the judicial pronouncements in the lives of the evicted population with main focus on the women residing in such colonies. This study aims to understand from the perspective of the various judgements and the victims of evictions, the healing effect it has had on the victims if any. An analysis of the shifting jurisprudence in case of the urban poor will help us better understand the gaze with which they are seen. Also, whether women and issues of violence and violation of rights of women are understood, expressed, prevented and healed or not needs to be understood.

Violence Against Women and Therapeutic Jurisprudence in Egypt

It has been observed by researchers that when women are targeted by domestic violence, it may also affect their children and their families. This chapter suggests that along with clinical and psychological therapy, spiritual therapy must also be used to address the challenge. This chapter states that Islamic jurisprudence offers solution for combating violence against women. It not only offers spiritual guidance and healing, but also sets rules for peaceful environment to prevent violence against women. Islamic jurisprudence also suggests punishment for violators of such rules. The chapter explores this therapeutic jurisprudential approach of Islamic jurisprudence and explores ways and means to combat violence against women in Egyptian context.

Can Therapeutic Jurisprudence Improve the Rights of Female Prisoners?

Women offenders may suffer from numerous violations of basic rights within the prison system. They are vulnerable for sexual assaults including rape, molestation and sexual bullies. They may also lack basic medical and hygienic amenities. While international conventions and rules like United Nations Rules for the Treatment of Women Prisoners and Non-Custodial Measures for Women Offenders (Bangkok Rules, 2010) offers guidelines for protection of the rights of women prisoners, still there has been no research which explores the therapeutic jurisprudential values of such rules. This chapter suggests that the therapeutic jurisprudential approach of the domestic and international laws, conventions and guidelines must be understood by the practitioners, activists and other stakeholders who may in turn; make use of the therapeutic jurisprudential values to improve the condition of women prisoners.

International Criminal Justice and the New Promise of Therapeutic Jurisprudence

For centuries, rape and other forms of sexual violence have always been an integral aspect of warfare. Even so, it is rather recently that these practices have been recognized as crimes and prosecutions undertaken by international criminal tribunals. Whilst the ad hoc international tribunals for the former Yugoslavia and Rwanda did not take an integrative approach to victims in the criminal justice process, the Rome Statute of the International Criminal Court (ICC) took a victim-centred approach by setting out some provisions allowing victims to actively participate in proceedings beyond their traditional role of witnesses. This chapter sets out to critically examine the effectiveness of the ICC victims' rights framework in achieving this objective in sexual violence cases. Drawing on the complex nature of experiences of victims of such crimes, this chapter engages with the various aspects of the relatively recent approach of victims' participation in international criminal justice process to highlight prospects and challenges in facilitating the healing process of victims of such crimes.

Pornography and Global Sex Trafficking

The primary purpose of drawing international attention to this chapter is to truly understand and subsequently address the abhorrent role that pornography and prostitution play in transnational sex trafficking operations. Pornography, especially when coupled with prostitution unquestionably perpetuates sex trafficking particularly in the commercial sexual exploitation of women and girls across the world, yet the exact role pornography and prostitution play remains largely misunderstood and mostly speculative within the practitioner and scholar literature. This chapter will address those concerns as well propose plausible recommendations based on the research to date in order to assist and support those who are dedicated and committed to eradicating sex trafficking by infiltrating pornographers who create, disseminate, and participate directly and indirectly in the sexual exploitation and abuse of women and children on a global-scale. Also, this chapter will emphasize the need for TJ as a form of Court Innovation in the United States.

Reconciling Restorative Justice with the Law for Violence Against Women in Europe

Violence against women (VAW) has slowly found its place in many international policies and conventions. The objectives, enforceability and foci of these international initiatives vary depending on a number of factors including political, sociological, economical and legal. However, they share one common feature. They are all based on the legal positivistic understanding of delivering justice. This chapter accepts this understanding and moves on to argue that what is also undeniable is that justice has a normative concept that is universal truth. The chapter proceeds to illustrate that Restorative Justice (RJ) outside the law has, is and will continue to manifest itself even for VAW cases. Ultimately, the chapter aims to contribute to the book's general objective of advancing the multi-dimensional growth of therapeutic jurisprudence with a gender sensitive and gender focused approach.

Restorative Justice and Violence Against Women in the United States

Opposition to using restorative justice to address violence against women mainly concerns the fear that women will be re-victimized if they engage with men who endangered them. While law enforcement and criminal justice approaches are necessary to address violence against women, women's choices about when and how to use law enforcement and prosecution to address violence against them, should be respected. Exclusive criminalization of violence against women has not protected many and has further harmed marginalized and Black people. To address intimate partner violence, victims' needs for healing must be met including when the victim-offender overlap applies and an offender is also a victim. Ignoring healing perpetuates violence. Applying restorative justice and its foundational questions, during direct meetings between victims and offenders, or when they meet separately, can address the victim-offender overlap, reduce reliance on punishment, and increase healing.