Utsav Chakraborty
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Sex and the Supreme Court
'The Constitution [of India] has within it the ability to produce social catharsis...' At 12.12 p.m. on 6 September 2018, the Supreme Court of India created history by reading down Section 377 - reversing an archaic law laid down by the British in 1860 and decriminalizing homosexuality for the first time in modern India. Yet, this is not the only ruling that the Supreme Court has made in recent times championing the rights of an individual to her or his identity and dignity. From empowering the transgender community and lending teeth to the prevention of sexual harassment of women at the workplace, to protecting the privacy, rights and dignity of women and minorities on issues such as interfaith marriages, entering the Sabarimala temple, the controversial triple talaq and the striking down of the adultery law - the highest court of the land has firmly placed the individual at the centre of the constitutional firmament, and set a course for progressive societal reform. This remarkable collection of writings by legal luminaries is the only book to offer sharp insights into each of these crucial rulings. Justice M.B. Lokur writes on the issues that affect the transgender community; Justice B.D. Ahmed elucidates on Muslim law in the modern context; and Justice A.K. Sikri addresses the fundamental concept of dignity, which binds together all the essays in this book. Some of the best-known names in Indian law - Mukul Rohatgi, Madhavi Divan, Menaka Guruswamy, Arundhati Katju and Saurabh Kirpal - offer legal perspectives of judgements on sex, sexuality and gender. From petitioners like Ritu Dalmia, Keshav Suri and Zainab Patel, we hear personal narratives of being a part of the LGBTQ community in India, while journalist Namita Bhandare provides a powerful account of the struggle against sexual harassment. An unprecedented documentation of the rulings that have set a standard for the rights and liberties of sexual minorities and women in India, Sex and the Supreme Court is also an invaluable record for posterity - for it reveals the power of the country's courts to uphold the privacy, dignity and safety of its citizens.
Rape Laws: The Heinous Crime Decoded
The Heinous Offence of Rape has been dealt with under the Indian Penal Code not as a mere provision with a limited scope but has acquired a very wide dimension in terms of its definition as well as scope. The rape laws in India have evolved with time due to growing brutality of this barbaric crime in the country. The provision has seen important amendments over the years on the recommendation and suggestion of various Law Commission Reports and various landmark judgements highlighting the growing need for a much more stringent law to curb the gravity of the offence of rape. Even though the IPC was codified in the year 1860 i.e., about 160 years ago with provisions considered very stringent in terms of the punishments laid down for different offences therein, it has somewhere failed to achieve its purpose. The ever increasing number of such offences being committed in the society is the best evidence of its shortcomings. The gravity and brutality of the offence has drawn concerns from all quarters yet the offence has continued unabated, with abysmally low conviction rates, even lighter and sometimes, erratic sentencing patterns and unsympathetic treatment of its victims. This book is an attempt to bring in perspective, the reason for the increase in number of rape cases in India and the lacunae in the practice of such a stringent law. This book is a collection of scholarly articles by authors from various domains of law and they have provided a narration of the Anti-Rape Laws prevailing in the country. The subject has been dealt with comprehensively, while describing the historical influences in the laws. The journey of the entire development of the law has been traced by taking into focus the shifting concerns and growing need for the amendment of the provisions. The numerous legislative amendments redefining the offence, enhancing punishment and procedural aspects have been discussed. The judicial developments through landmark precedents laid by various courts have also been discussed in length to show the adversity of the crime and the need for looking into the law due to the practical shortcomings in the law. Appropriate references to international developments and municipal laws of nations have been provided in order to give a comparative treatment to the subject. Emerging issues in rape laws in India and practicable suggestions find a place in the book. Overall, it attempts an informative and critical study of the subject from diverse perspectives. Rape is the fourth most common crime against women in India. Despite such harsh penalties against it, the gruesome act that has penetrated in the form of Rape has only escalated. This calls for an in-depth analysis so as to ascertain the loopholes in the current law in force. During the process of writing this book the authors came across shocking events and instances of Rape that shows the inhumanity that prevails in the country which is much beyond any law. The most distressing fact was the inhumane conditions that victims have to suffer due to the taboo of Rape and the stigma attached with this crime. Despite going through such a horrific crime, the victims rather than receiving a proper relief have to undergo severe mental and physical agony. The inspiration for this book was derived from the fact that India is a democratic country with a robust legal framework, however, it lacks a stringent legal enforcement mechanism due to which such a gruesome and barbaric act of inhumanity is on the rise. The objective of the book is to bring in view of the readers the various aspects of Anti-Rape Laws in India, the evolution of the rape laws in the country, need for gender-neutral laws by criminalising Male Rape, the growing cases of Marital Rape and need for making a law against it, prevailing misuse of anti-rape laws and majorly looking at the practicality of the law as contrary to how it is laid down in the statute.
Reporting on Sexual Violence in the #MeToo Era
This edited collection examines the role of journalism in reviving and reporting on sexual violence in the #MeToo related, hashtag era. Bringing together 15 journalism scholars from around the world, this book explores and offers solutions to the common issues and inadequacies of reporting on sexual violence in the media. Presenting a range of conceptual, methodological, and empirical chapters, the book tackles issues related to, or missing from, journalism in three sections: Part I acknowledges and surveys the role journalism plays in shining a light on social injustices and critiques research deficits in reporting on sexual violence; Part II employs cutting-edge research linked to an intersectional lens to amplify the voices that have been silenced in the media coverage; Part III explores how advocacy, campaign, and solutions journalism offers frameworks for ethical reporting on the shadow epidemic of sexual violence during these COVID-normal times. This timely and important work connects established and emerging journalism practices to changing discourses about sexual violence. It is an important reading for students and scholars of journalism, gender studies, media studies, communication studies, culture studies, and sociology.