Legal Mirror

Another Flawed Law – Communal Violence Bill 2009: Harms the Victims, Protects the Perpetrators

After the mass opposition by all spectrums of society over the Communal Violence Bill 2005, UPA government has re-introduced the bill with 59 amendments. Unfortunately it hardly makes any structural changes. It has been highly criticized on certain grounds.  The bill treats communal violence as a law and order problem but fails to recognise its threat to the socio-economic basis of the society.

The definition of communal violence given under the bill is not comprehensive and includes any scheduled offence under Section 19. Instead of the word communal, ‘sectarian’ ...read more Read More

Is It Crime to Be Gay in a Country which Proclaims to be the Governor of All Human Rights

The recent judgment of Naz Foundation v. Government of NCT and Ors had created havoc all over the nation. The Delhi High Court stated that “Section 377 of the Indian Penal Code is unconstitutional as it criminalises consensual sexual acts of adults in private, violative of Articles 19, 21, 14 and 15 of the Constitution. The provisions of Section 377 I.P.C will continue to govern non-consensual penile, non-vaginal sex and penile non-vaginal sex involving minors.” The ...read more Read More

An Insight on Travel Laws in India – Do They Really Exist?

India is a land of culture, diversity and tradition. Athithi Devo Bhava which means “guest is god” has been one of the ideologies of the nation. But unfortunately some people have brought disgrace to the country on the world forum. There are dozens of cases in which foreigners are harassed, raped, deceived and abused.

The government and the administration always tries to suppress the news related to ill treatment of foreigners. It is done in order to save the country from insult and ...read more Read More

Forceful Sex by relatives – Do we Have Laws in India to Protect the Victims?

A few days back I read that a father had impregnated his 15 year old daughter. His wife was aware of his acts. But she couldn’t do anything to protect her daughter. She was continuously threatened by her husband. When questioned by the police she confessed that she said she supported him because she was financially incapable. She was convinced that this was the best way to protect her daughter’s future and family’s reputation. On knowing the truth the society could have abandoned the daughter and the family (which ...read more Read More

The Clinical Establishments (Registration and Regulation) Bill, 2010: Will It Change the fate of accident victims?

The 201st Law Commission report states that “Road accidents are increasing at an alarming rate of 3% annually. About 10.1% of all deaths in India are due to accidents and injuries. A vehicular accident is reported every 3 minutes and a death. A trauma-related death occurs in India every 1.9 minutes.”

In India, the witnesses of an accident become mere spectators due to the fear of subsequent legal procedures and their lack of awareness about pre-medical care. Often the doctors ignore such victims by denying the authorization of these medico-legal cases. ...read more Read More

Suicides – Can Legalization of Them Promote Murders?

The World Health Organization predicts that ‘Every year, almost one million people die from suicide; a “global” mortality rate of 16 per 100,000, or one death every 40 seconds.’

The 2006 report of the National Crime Records Bureau says that India has a suicide rate of 10.5 per 100,000 of population. In which maximum females belonged to age group (15-29 years), and males belonged to the age group of (30-44). As per occupations, the stats are as follows:

Self Employed (41%)

Students (5%)

Unemployed (7.5%)

Housewife (21.2%)

Service (11.5%)

Retired (0.9%)

Others (12.8%)

These statistics ...read more Read More

An Insight Story on Serial Killers – The Next One Might Be Just Around Your Neighbourhood

Some lawyers are known for their good deeds some aren’t. Ted Bundy, a handsome law student stalked and murdered dozens of college going female who had close resemblance with his former girl friend.

The infamous case of Robert Pictone was not only the longest trial in Canada but the investigation was worth $100 million dollars. It is believed that he was responsible was a death of 60 women and his targets were usually sex workers.

Those who assume that serial killers are only males who are guided by sexual ...read more Read More

Raped – Now, What? Do I Have to Suicide or Is There Something Written in Indian Law to Protect Me

The State of World Population Report suggests that In India

1.  A Rape is committed every 54 minutes; 2.  Molestation every 26 minutes; 3.  Kidnapping or abduction every 43 minutes; 4.  Eve-teasing every 51 minutes; 5.  Dowry death every 1 hour 42 minutes; 6.  Criminal offense against women every 7 minutes.

Rape is a reality which is detested by all. It is a crime not only against the body of an individual but also against one’s mind, psyche and reputation. The rapist can be questioned only if he is ...read more Read More

Do Award Givers Actually Know Whom to Select – Former Militant Gets Padma Shri

Obama was awarded the Nobel peace prize, probably because America didn’t wage any war against any nation that year. Awarding a Padmashree to a former militant is however not bearable in any case. The alleged former Kashmir militant Ghulam Muhammad Mir has been charged of murder and rape as well. His credentials are under serious suspicions.

Well one man’s terror is other’s freedom fight is an old maxim. But the novelty in this case is that Indian Home Ministry feels Mr. Mir to be a ...read more Read More

Are We in The Wrong Hands? Credibility of Indian Judiciary on Sale

In India we have Separation of Powers in a check and balance form. The three organs of the government i.e. the executive, the judiciary and the legislature have the responsibility to keep a check on the functions of the other.

Independence of Judiciary is an important feature to maintain rule of law and constitutionalism in the country. It is necessary that the judiciary is free from every political obligations. The independence of judiciary is granted by the constitution to protect the rights of the citizens, but unfortunately nowadays it is protecting the rights of the judges.

There are various instances in which ...read more Read More