ILJCC VOLUME – 6 (January – December 2022)
Volume 6 Issue 1 ISSN: 2456-7280
1. Awaiting Justice : Women Prisoners & Mistral In India

Author: Sameera Khan

Abstract: Department of Law, Aligarh Muslim University, Aligarh Women constitute over four per cent of the total prison population in India. There is dearth of prisons for women in India and majority of women prisoners in India are housed in separate enclosures inside men’s prisons. This often means that the specific needs of the women prisoners are not accounted for in the prisons. The overcrowding of prisons is another major issue which leads to poor hygiene, sanitary facilities and shortage of food. The women not only face punishment for the crime that has been committed by them but also face the social and moral taboo that comes attached with it. In addition to this, they also face custodial violence and sexual victimisation in prisons and detention centres which stimulates their misery, distress and hardships in prisons. In addition to this, they also face prejudicial and detrimental treatment during their trials. The lethargic judicial system of India has led to the presence of a large number of undertrials languishing inside Indian prisons. Women are particularly vulnerable as they are often not aware of the rights available to them. Moreover, they often belong to the oppressed classes in the Indian society which puts them at a further disadvantage. The specific provisions related to the process of arrest of women and the procedures to be followed after the arrest are ignored and jeopardised by the law enforcement authorities. Additionally, they often come from poor, deprived and disadvantageous backgrounds which becomes obstacle for them in getting legal aid and a fair trial process for themselves. However, the law enforcement authorities do not follow the process and inform prisoners of their rights of bailment after the arrest. The research paper analyses the sociological and legal aspects which lead to the mistrial of women prisoners in India. The paper will highlight the challenges faced by the women prisoners during the pre- trial and post-trial period. It will also enumerate the conditions and abuse of rights of the women prisoners during their trial in the time of COVID- pandemic. It will then suggest measures that can be taken in order to prevent this malfeasance and miscarriage of justice faced by women prisoners in India.

Keywords: Human Rights, Statutory Rights, Women Prisoners, Mistrial, Fair Trial, Judicial System, Gender Specific Prisons, Jeopardised Process of Arrest, Miscarriage of Justice.

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2. Corrective Rape: A Reflection Of Homophobia Disregarded By Law In South Africa
Author:
Muskaan Garg

Abstract: Tokenisation of rights is the manifestation of political opportunism and broadcasted hypocrisy. South Africa is one of the only countries in the world that expressly mentions and prohibits in its Constitution the discrimination on the basis of sexual orientation. However, crimes based on sexual orientation are not expressly recognized. It remains a theoretical concept due to lack of recognition as an established crime category with no procedural patronage. Battles over LGBTQ+ rights are persistent and stubborn. Various forms of gender-biased offences are time again noted ranging from sodomy, sexual assault, rape to murder. The umbrella-term for all these prejudice-motivated crimes is Hate crimes. One of the popular hate-crimes in South Africa is corrective rape. South Africa is the foreground of homophobic violence, most widely vis-à-vis Black South Africans. Unfortunately, the sense of equality and justice enshrined in the Constitution does not trickle down to the targeted groups. The article attempts to highlight this lacuna created between the promise of equalitypreserved in the South African Constitution and the contradictory functioning of the statutes and the criminal justice system in the country with respective to corrective rape cases. The article further delves into the nuances of corrective rape practices prevalent in South Africavis-à-vis current laws against sexual offences and indicates the impending need for a separate hate-crime legislation to obtain the true benefits of rights. Lastly, the article advocates for a discriminatory-model of prosecution and underlines deficiencies in the new hate crime legislative bill in South Africa.

Keywords: manifestation, sexual orientation, prejudice-motivated, hate-crime legislation, discriminatory-model

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3. Expanding The Scope Of Definition Of Rape Vis-À-Vis Sanhtosh V. State Of Kerala: A Case Analysis
Author: Nikunj Agarwal

Abstract: Sexual violence against women continues to be a global concern with about 35% of women worldwide having experienced sexual harassment in their lifetime. In India itself, on an average 77 rape cases per day were reported in 2020, which amounted to a total of 28,046 cases during the year, as was reported by NCRB’s Crime in India Report, 2020. In one such case the Kerala High Court adopted a liberal and unique interpretation of law so as to prevent the accused from getting away with the heinous acts committed by him which prima facie fell under the ambit of the offence of rape. The author, in this case comment, relies upon various case laws, statutory provisions, committee reports and academic papers to make an effective attempt towards breaking down the legal interpretation adopted by the Court, the legal position that existed before and lastly, the future implications of this decision.

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4. Crime Against Women In India: With Reference To Criminal Behaviour
Author: Ms Sakshi & Ms Stuti Narula Markan

Abstract: When we talk about crimes against women, it is said that the rule of gender equality is enshrined in the Constitution of India. In India, there is an increasing rate of crimes perpetrated against women. Crime is an action which can affect human behaviour vigorously. Even if it is a criminal or a victim, the effect can be seen in both of them. It is believed that human is the fundamental thing of analysis. It is further believed that Crimes can be a result of an uncommon, malfunction or improper mental process within any individual`s personality. In the constitution of India, any kind of violence against women is a clear violation of the fundamental rights of women under Articles 14 and 15. In order to maintain and fulfil its constitutional duties, the state established separate laws and implemented proposed measures to ensure equal rights, and control discrimination in society and other forms of violence, force and brutality. Organizations that enact laws and requirements cannot prevent misconduct against women. There needs to be a social awakening and a change in the mentality of the masses so that women are valued and have equal status. That is the time when women have to accept what they caused. This awareness can be brought about by educational campaigns aimed at young people, making them aware of the rude behaviour that exists in society and how to get rid of it. Widespread communications can play a dynamic role here, as they have now reached every part of the country. This study is about crimes against women in India, an all-time thorny issue, and its implications and effects on women themselves.

Keywords: Violence, Women, Crimes, Laws, Legislation

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5. An Assessment Of Sexual Harassment Of Women In India
Author: Deepti Rathi

Abstract: Even though there are various laws in place to combat sexual harassment, India is experiencing an increase in the number of occurrences. It unquestionably obstructs women constitutional and fundamental rights to equality, justice, and dignity. Because the entire concept of sexual harassment revolves around the individuals consent, it can also be defined as an unwelcome act of physical contact, explicit or implicit promise, demand, or request for sexual favours, screening pornography, or any act of physical, verbal, or nonverbal conduct that humiliates and threatens the health and safety of a woman falls within the meaning of sexual harassment. In India, a woman is sexually harassed every twelve minutes, according to the National Crime Records Bureau (NCRB). Despite the efforts of numerous government entities to address the issue, this continues to be the case. It is crucial to remember that sexual harassment victims frequently experience emotional and psychological suffering, such as stress, depression, and anxiety. They frequently have low self-esteem and confidence. As a result, its even more vital to talk about sexual harassment and come up with concrete answers. The purpose of this article is to go into this in further depth. The article begins by defining the term sexual harassment before delving into the numerous components of this serious act. According to the survey, the issue of workplace sexual harassment is at an alarming level and requires a prompt response from various companies and the government. A few recommendations are also made to address the issue of sexual harassment faced by women in India.

Keywords: Sexual Harassment, Fundamental Rights, Consent, Women, India.

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6. Assessing The Applicability Of Broken Windows Theory In India
Author: Stency Mariya Mark

Abstract: The Broken Window Theory was proposed by American political scientist, James Wilson and American criminologist, George Kelling in 1982 to revolutionise the policing administration. According to the notion, crime is inextricably linked to the social order. The Broken Windows thesis advocates that small transgressions should be reduced in order to lessen the frequency of severe, ferocious crimes. This article contends that lessons learned from broken window policing can aid in the deterrence of serious crimes. The author argues that existing restrictions focus on small transgressions, giving them the same weight as serious offenses. The Broken Window does not imply a social disorder, necessarily. The Broken Window can be used as a metaphor for minor infractions that must be corrected before they worsen the situation. Petty infractions should be treated with zero tolerance. Sexual harassment should be taken seriously, instead of being normalized and condoned by society. Taking subtle offences seriously helps to prevent gender crimes in the long run. Similarly, the Motor Vehicle (Amendment) Act, 2019 demonstrates how, by penalizing minor offenses, accidents and fatalities can be reduced. Therefore, maintenance of order is achieved through the elimination of social disorders. Keywords: Broken Window Theory, Policing, Petty Infractions, Order Maintenance and Motor Vehicle Act

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7. IMPORTANCE OF WITNESS PROTECTION LEGISLATION IN INDIA.
Author:
Anmol Gupta

Abstract: A witness is an essential part of the criminal justice system to ensure that the actual culprit gets punished for the crime they committed, and in the words of Jeremy Bentham, we can say, Witness are eyes and ears of justice. However, if one closes their eyes and ears, it would become tough for that person to survive. Similarly, if all the witnesses turn hostile due to external threats, harassment, or intimidation, providing justice would become very difficult. In the present time, where every persons rights are protected and catered to, the rights of witnesses should also be seen and acknowledged. Like how victims are protected and secured, there is a requirement for legislation to protect the Witness. This article would detail the reasons for a witness turning hostile and end with suggesting remedies for the same.
Keywords: Victim, Witness, Hostile, Evidence, Crime.

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Volume 6 Issue 2 ISSN: 2456-7280
 
 
1. State Sovereignty & International Criminal Justice
Author: Keerthi Reddy

Abstract: The International Criminal Court (ICC) is an unparalleled ambition by the world community to provide the national governments help to bring to trial and punish individuals who are criminally responsible for the commission of the core crimes that is the crime of genocide, war crimes, crimes against humanity and aggression in circumstances when the nations they belong are unable or unwilling to bring them to justice. Sovereignty cannot be defined easily. Essentially what sovereignty means is when nations act independently in full autonomy and self-determination without any obstruction from a higher authority. Thus, the theory of sovereignty means that states operate and have complete regulation over their matters inclusive of issues such as human right violation which are not governed by international law. This loophole that the international law did not govern such issues was seized by the states as a protection tool to guard themselves when they abuse the human rights of their subjects. It is hence, imperative to understand the importance of the ICC because the court has jurisdiction over matters of serious crimes which amount to significant contravention of the human rights law as well as the international humanitarian law. India, in its opening statement in Rome, clarified that the only way to get support for the ICC is for the International Criminal Court to operate optionally rather than as universal or inherent jurisdiction. India further argued that such provisions would attract a large number of states which will add to the advantage of the court as state consent is the essential aspect of ICC jurisdiction. India firmly believes in the principles of the UN Charter, notably the Principle of Complementarity. According to India, the principle of complementarity is that when a case is before the national courts, and it has been decided upon or when the accused is convicted or acquitted the ICC should not infer jurisdiction. India also stated that the ICC could only enforce its jurisdiction in situations like in the former Yugoslavia and Rwanda. The author of the paper agrees that the concept of state sovereignty is of utmost importance, but as already noted, India has to remember that the principle of complementarity constraints the jurisdiction of the court.

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2. Abuse Faced By The Rape Victims During Trial – Does It Amounts To Protection
Author: N.Lakshmi Priya

Abstract: In most legal systems victims are considered as a mere complainant who initiates proceedings on criminal justice system to the injury suffered by them. In recent times India has seen several rape cases and in the most of the cases than the scars of crime, treatment of victims by police, society remains more dreadful than the crime . Human rights violation faced by rape victims starts right from investigation proceedings to post trial. Most of the victims investigations involves humiliations ,abuse and violation of their basic human rights. The rights that the victims deserve within criminal justice process is not given and not even considered at all. This led to arise of victimology which deals about understanding of victims and impact of crime and the magnitude of pain suffered by the victim. According to Art 21 every person has fundamental right to be treated with dignity and as per UN Declaration of Basic Principles of Justice for Victims of crime and Abuse of Power says that victims should be treated with compassion and respect for their dignity must be protected. In this paper I will deal with treatment given to rape victims and the problems faced by them and lack of awareness of the rights of victims and role of judicial process in protection and redress for victims of crime and to prevent human right violations faced by them by recommending measures which Government needs to provide victims with adequate help and support .

Keywords: rape victim, humiliation, Abuses , victimology, UN Declaration of Basic, Principles of Justice for Victims of crime and Abuse of Power convention, Article 21, redressal of victims.

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3. Social Networking Sites And Admissibility Of Evidence In Family Law Cases
Author:
Richa Rajpal

Abstract: Technology which is for all good of the mankind sometimes brings with it some warnings, which if not taken seriously can lead to unpleasant consequences. Social networking sites are one such thing which has brought mega transformation in the society. A social networking site can be a good way to meet others who share similar interests and goals. They can be a way to interact with or meet people who haven’t met before. There is a technological detachment that is becoming today’s reality. Social networking sites are faintly obliterating the significance of communications that one used to have with his near ones and are disengaging them from the social environment around them. This eventually leads to a looming feeling of segregation which prevails in today’s society. A person today hardly spends quality time with his friends rather he uses technology to contact them such as texting or instant messaging or commenting on their status updates/pictures etc., consequently spend less time with them face to face. While interacting socially and communicating in person with others all kinds of personality traits are experienced by the individual, such as cooperation, competition, imitation, bargaining, voting, and bluffing etc. It is due such experiences that a person’s social personality develops. It should not shock anyone that face-to-face interaction is demonstrated by studies to comfort us and furnish us with some significant feeling of prosperity whether the cooperation is with companions or with any relaxed associates.

 

Keywords: technology, mega transformation, technological detachment, social environment.
 
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4. The Notions Of Global Law: Friend Or Foe In The Fight Against Terrorism
Author:
Richa Rajpal

Abstract: The title of this paper sets forth its basic theme: terrorism and globalization are locked in a symbiotic relationship. Globalization has contributed greatly to the increased threat that terrorism now poses, and part of this threat is the negative impact that terrorism may have on globalization. On the other hand, globalization, if developed along sensible, policy serving lines, may lead the way to more effective steps towards combating terrorism. This paper first discusses globalization and the impact it has had on the threat of terrorism, especially as demonstrated by the events of September 11. It turns next to the response of the United States and the rest of the world community to these events and the impact (both negative and positive) it has had on globalization. Lastly, the paper considers the role that a sensible process of globalization might play in combating the threat of terrorism.

Keywords: Globalization, terrorism, violence, security, September 11, international peace.
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5. Prison System in India: An Introduction.
Author:
Aafreen Manzoor

Abstract: Prison, a stigmatic term for our society. It’s a place meant for the detention of the people who are devoid of the norms of society. Society needs to understand the importance of prison systems in our lives. Prison not only acts as a shelter but a correctional cell for the people who lack disciplinary values governing in the society. In this paper, I have tried to summarise the concepts of prison, its evolution and importance in our society.

Keywords: Prison, British, Reforms, Jails, Society.

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6. Emergence Of Violence And Offences Against Women As A World Issue : A Quick Review
Author:
Trisandhya

Abstract: The number of crimes committed against women is steadily increasing. When crime against women rises, it throws the entire society into disarray since it stifles both women's and society's progress. Discrimination arises from society's attitude bias rather than statutory inadequacy. Equal rights for men and women have been established as a global norm by recent legislation, ordinances, treaties, and conventions. Discrimination persists despite all of this. Women have been victims all over the world, the only difference is that their standing is greater in certain parts of the world than in others, making it an international issue. As a result, multinational activities are essential. As a result, the Convention on the Elimination of Discrimination against Women was established (CEDAW). There is also the Universal Declaration of Human Rights (UDHR) from 1948, the International Covenant on Civil and Political Rights (ICCPR) from 1966, and a slew of others.

Keywords: crimes, women, discrimination, global norm, multinational activities.

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7. Differences in the Needs of Victims of Cyber Dependent Crimes: A Paradigm Shift from Common Need Based Approach to Right Based Approach
Author:
Leelesh Sundaram.B

Abstract: The internet in India is developing quickly but significant weaknesses is Cybercrime – illicit activity carried out on the internet. The internet, alongside its focal points, has additionally presented us to security hazards that accompany interfacing with an expansive network. The government by virtue of affirmative action’s has developed a common tool of restorative justice for victims of cyber dependent crimes. However in the Indian jurisprudence, the restorative tool remains constant and the difference in the need of victims is unknown. since need based approach is followed, the difference in the need of cyber dependent crime victims is unknown. If there is difference in the need of cyber dependent crime victims, a conclusion that the current system is a failure could be made and the swift of approach becomes mandatory. Thus this research aims in finding out difference in the need of cyber dependent crime victims. This empirical research is carried out with a sample size of 253 from a open sample frame determined through convenient sampling method. With the help of complex graphs, mann whitney u test, Jonckheere-Terpstra Test. The findings in the study finding permits to make a conclusion that there is difference in the need of cyber dependent crime victims, and the current system is a failure, the swift of approach becomes mandatory.

Keywords: cyber dependent crime, victims, needs, approach, restorative justice.

 
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Volume 6 Issue 3 ISSN: 2456-7280
 
1. AWAITING JUSTICE: WOMEN PRISONERS AND MISTRIAL IN INDIA
Author-
Sameera Khan, Research Scholar
Abstract- Women constitute over four per cent of the total prison population in India. There is dearth of prisons for women in India and majority of women prisoners in India are housed in separate enclosures inside men’s prisons. This often means that the specific needs of the women prisoners are not accounted for in the prisons. The overcrowding of prisons is another major issue which leads to poor hygiene, sanitary facilities, and shortage of food. The women not only face punishment for the crime that has been committed by them but also face the social and moral taboo that comes attached with it. In addition to this, they also face custodial violence and sexual victimization in prisons and detention centres which stimulates their misery, distress, and hardships in prisons. In addition to this, they also face prejudicial and detrimental treatment during their trials. The lethargic judicial system of India has led to the presence of many undertrials languishing inside Indian prisons. Women are particularly vulnerable as they are often not aware of the rights available to them. Moreover, they often belong to the oppressed classes in the Indian society which puts them at a further disadvantage. The specific provisions related to the process of arrest of women and the procedures to be followed the arrest are ignored and jeopardised by the law enforcement authorities. Additionally, they often come from poor, deprived and disadvantageous backgrounds which becomes obstacle for them in getting legal aid and a fair trial process for themselves. However, the law enforcement authorities do not follow the process and inform prisoners of their rights of bailment after the arrest. The research paper analyses the sociological and legal aspects which lead to the mistrial of women prisoners in India. The paper will highlight the challenges faced by the women prisoners during the pre- trial and post-trial period. It will also enumerate the conditions and abuse of rights of the women prisoners during their trial in the time of COVID- pandemic. It will then suggest measures that can be taken to prevent this malfeasance and miscarriage of justice faced by women prisoners in India.

Keywords:
Human Rights, Statutory Rights, Women Prisoners, Mistrial, Fair Trial, Judicial System, Gender Specific Prisons, Jeopardised Process of Arrest, Miscarriage of Justice.
2. IS THE MURDER CLAUSE IN THE NEED OF REVISION?
Author-
Aditi Mohapatra
Abstract- Murder gets its name from the Germanic word "morth," which meaning "hidden slaying." A Murder occurs when someone is assassinated by another individual or group of individuals who has the explicit purpose of ending the life of the first person. The clause of murder under the Indian Criminal Law is the most essential thing in terms of human life and dignity also the inviolable rights it confers. Its comprehensive provision is Sec.300 of the Indian Penal Code, 1860, which considers various degrees of intent. However, since the clause was initially drafted, our society has evolved tremendously. As demonstrated by the treatment of the section's clauses by successive courts of justice throughout the previous century, certain sections were worded inaccurately, while others had no purpose. It's past time for significant reforms to be implemented, whether it is eliminating a superfluous clause, reckoning for moral guilt, or ensuring that doctrines are specified more accurately. These modifications will update the provision and the Criminal Code, allowing them to accomplish the goals for which they were designed in the first place. To enhance decision-making accuracy, this article advocates for the further codification of the provisions, updated illustrations, and the entire elimination of Sec.300(2) from the Indian Penal Code.

Keywords - Culpable Homicide, Indian Penal Code, Mens Rea, Murder, Probability of Death.
3. LAWS REGULATING CYBER PORNOGRAPHY
Author-
Divya Dilip Arekar
Abstract- Pornography is a sensitive topic, and most people shy away from even building up a social dialogue. Cyber pornography has a grave impact on society’s decency and morality. However, the contemporary generation does not hesitate to acknowledge the ever-growing cyber porn addiction. Sexual offences are one such crime that has prevailed in all societies for ages. With the advancement of science and technology, the complexities of life have enormously multiplied. The incident of sex delinquency has become too common. Pornography potentially shapes sexual attitudes in men and often develops a sexual desire for coercion as they imbibe predatory sexual behaviour. Children are exposed to pornography at an increasingly early age. India is famed as the land of the Kama Sutra, yet we are extremely reticent to open a pensive dialogue to guide adolescents when they are caught up in the web of a complicated sexual muse. The change will occur only when society stops attaching vulgarity to sex and starts explaining its consequences if performed at a pubescent age just to explore the realm of sexual pleasures. This article is an attempt to address the ever growing sexual offences that may have crime causation with the acceleration in consumption of cyber porn. This article is based on the preconceived notion that if consumption of pornographic content corrupts one’s mind, then a person who engages themselves in such unethical activities may be more prone to committing sexual offences. Due to a deficiency in stringent cyber laws to regulate the production and transmission of obscene material, anyone may access in cyberspace encourages people to indulge in the consumption of pornographic material. Lack of sex education makes young people prefer porn to satisfy their curiosity and sexual urges. The majority of the population is reluctant to accept a ban on pornography and would rather assert their right to access pornographic content under Article 21 of the Indian Constitution. If banning pornographic websites and applications that fail to censor explicit content will discourage people from indulging in visual stimulation, then the rate of sexual offenders will be reduced.

Keywords- Cyber pornography, Sexual offences, consumption, visual stimulation.
4. INFORMATION GIVEN TO THE POLICE AT THE FIRST INSTANCE AND ITS COMPARATIVE ANALYSIS WITH PAKISTAN, NIGERIA AND FRANCE
Author-
Anaita Vas
Abstract- To investigate the numerous legal ramifications of Section 154 of the Criminal Procedure Code of 1973 1 , including whether telephonic communication falls within its purview. We have intended a thoughtful and comprehensive assessment of the legal matters pertaining to the statutory obligation of a police station’s officer-in- charge in recording a First Information Report and initiating an inquiry upon it, as well as the principles relating to the High Court’s exercise of additional and innate abilities in quashing either the FIR or the whole criminal trials, as the case may be; and, taking into consideration the enunciations of law. We’ll also look at the FIR probative value, its legitimacy when it is inaccurate or fake, and the admissibility of simple oral or telephone reporting. It goes without saying that the police have to know that a crime has been perpetrated before they can commence an inquiry. This is feasible if someone goes to the police station and tells them about the crime they did. This is widely termed to as the First Information Report (FIR) and is governed by Section 154 of the Criminal Procedure Code of 1973.

According to the section, if information is provided verbally to an officer-in- charge of a police station in the case of a cognizable offence, the information should be:
1. Written by such officer;
2. Read out to the informant;
3. The informant’s signature must be obtained on the written information; and
4. Eventually, it must be registered in the case diary intended for this objective by such officer.
5. In accordance with Section (2)2, a copy of the report must be given to the informant.

Keywords- crime, criminal, FIR, information, police, legal, law, offence, investigate.