Social Issues

Are we prepared to deal with another Bhopal Gas Tragedy? With Civil Nuclear Liabilities Bill its hard to imagine

The victims of the Bhopal Gas Tragedy, one of the world’s worst disasters are still facing the consequences of the unfortunate incident. The legal framework in 1985 was inadequate to conduct a fair trial of Union Carbide and its CEO Warren Anderson. The U.C.C paid a settlement amount of 470 million dollars to the victims, considering it as its moral obligation. No criminal or civil proceedings were initiated against the notorious Multinational Union Carbide. The decision of Bhopal Gas Tragedy still considered a black chapter in the judicial history of India.

Instead of rectifying ...read more Read More

Dispute Resolution Mechanisms in Afghanistan:

An Insight Story

“We had a land problem with another villager and it was the 5th year that due to the dispute we weren’t able to work on the field, this dispute had taken the life of my elder niece as well. We spoke to woloswal (district attorney) many times and he said that take the case to Kabul – and sometimes said talk amongst yourselves and reach to some conclusions, we are busy with the ongoing insurgency don’t have the means to settle your disputes.

One day he sent someone maybe a judge to find out about our dispute and he ...read more Read More

Morality of Legal System in India – a Learning from My Recent Visit to BITS Pilani

I recently met Hayagriv Sridharan and Kushal Agarwal, two students from BITS, Pilani. They had presented a paper on “Morality of Profits”. One of them said “Do unto others what you would do unto yourself!” while making the presentation. This statement had a long lasting impression on me.

Bentham said that law is the greatest happiness to the greatest number. Thus the utilitarians believed that it is the morals of the society which determine the laws ...read more Read More

Do you think you can Legalize your Second Marriage by Islam Conversion? Think Again!

Monogamy is an integral part of Christian Faith. In 1860 when Indian Penal Code was framed, Bigamy was declared an offence under Sections 494 and 495 is punishable with fine and imprisonment of seven years or both. Both man and woman can be punished under these sections.The Sections apply to all communities in the country apart from Muslim males. The tribal man and woman are also exempted from the same if their customary laws do not consider the plural ...read more Read More

Wife Swapping : A Blow to Indian Marriages – An Overview on Adultery as Crime

Sunita was married to Anant Sharma for ten years. She had two children from the blissful relationship. One day she discovered that her husband was involved with his colleague Sameera, who was fully aware of his marriage. Unfortunately the court can prosecute neither Anant nor Sameera for adultery according to the Indian Penal Code.

Section 497 of Indian Penal Code declares adultery as a crime. However to constitute the offence a man should have consensual intercourse with a married woman.  Sexual intercourse which ...read more Read More

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

The Sadhu (Saint) who robbed me while I was Praying !!

Babri Mazad and Gujarat riots are not the only incidents which establish a nexus between crime and religion.

Have you ever imagined that the Sadhu or saint you always looked up to, might being a criminal?  Probably not !  but you are wrong on this, many of our religious protagonists have been caught by law for committing heinous crimes like rapes, child slaughter, murders and frauds.  In November 2009 two sadhus Ramcharan Rathod and Balram Patel were ...read more Read More

Eve teasing, Gambling, Robbery and Drugs – Have they replaced the actual colors of Holi Festival?

Holi is not only the festival of colors and joy but also that of crime. On the occasion of Holi, crimes like eve-teasing, sexual harassment, robbery, gambling and consumption of drugs have grown tremendously in recent times.

The public places like railway stations, parks, gardens etc are often guarded by disguised police officials. Females are often harassed by males on this auspicious occasion. Eve teasing has become a common feature of the festival. Perpetrators usually take the advantage of being concealed by colors. Most of the victims do not ...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

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