The law regarding Sexual Harassment

Authored by Ishita Gugnani

It has been almost 18 years since the Vishakha guidelines came into being and the word “sexual harassment” was recognized by the Supreme Court for the first time. So why are we still talking about it today and every other day? It is because every day the newspapers are filled with atrocities committed against women. Such acts have brought the Indian penal system under scrutiny and numerous changes have been made in our legal system, especially through the Criminal Law (Amendment) Act, 2013.

Even though, this topic has already garnered quite a lot of attention in recent times, it is important to be aware of what you can do and what protection is offered by law in such cases. This article aims at arming you with all the provisions that protect you against all forms of sexual harassment which we face (or atleast hear about) on a daily basis.

Eve-Teasing: The Annoying Reality

Authored by Pujita Makani

From whistling to catcalling women in India are no strangers to lewd comments. For something that is a widespread and commonly shared problem why is it best left ignored? “Men being men” is often the standard reason when she walks away from the suggestive remarks with her head bowed and eyes trained to her feet. What else would one do? A legal recourse would be her safest bet but for now, that option also seems to disappoint.

How far can your ex trouble you? How far can you be troubled? Know the law...

Authored by Aarti Aggarwal

How would you feel if your ex were to put up your intimate pictures online to your horror? 

Well, the term revenge porn stems from this very idea. The idea is that ‘a way to get back at’ or ‘take revenge’ on an ex may be to publicly send out nude or sexually compromising images of the ex by means of the web. As the terminology denotes, it is the nonconsensual publication of sexually explicit (nude or semi-nude) images online, as a tool for seeking revenge. The accused generally uses a fake IP (Internet Protocol) address to upload the offensive videos and pictures. The pictures or videos uploaded might be shot with the subject’s consent but the dissemination is actually without his/her consent.

What does the law say?

Is Narco-Analysis Test a compelled testimony?

Authored by Sumeir Ahuja 

Ajmal Amir Kasab, the only terrorist in the November 26 Mumbai terror strike to be captured alive, was subjected to a narco analysis test to corroborate all that he had confessed and to get more information about the conspiracy.

The two main accused in the Nithari serial killings Mohinder Singh Pandher and Surendra Kohli underwent the narco analysis tests in Gandhinagar in Gujarat.

Most of us have heard about the narco analysis test but don’t really know what it is. So in this article I will answer two main questions:

1.       What exactly are these tests and how do they help investigators?

2.      And more importantly are the results of these tests admissible in court?

Demystifying Section 377 of the Indian Penal Code #3 Myth Buster

Authored by Soumyadeep Bera

The propaganda concerning the constitutionality of Section 377[1] of the Indian Penal Code evoked a great sense of despair and upheaval amongst the LGBT community and the Indian youth. The constant protests in the capital and elsewhere led mostly by students demanded equitable treatment guaranteed by the Fundamental Rights regardless of sex, caste, creed, and class. The broader and perhaps more rudimental objective was to promote a progressionist agenda, soliciting the acceptance of homosexuals and transgenders into the Indian Society. Thus the Supreme Court’s judgment reinstating Section 377 was obscured by the tidal surge of varied interpretations made by eminent lawyers, media and political parties. It also led to popular misconception classifying homosexuals as criminals.       

Pre- Trial- India and China

Authored by Rydhum Raparia

Pre-Trial? I wonder how many people are aware of this term? So just to enhance your knowledge on this topic, here is an article that will contrast the Pre Trial process that takes place in India and China. When a person faces a case in a court of law, the word that comes across is how the Trial is initiated and many people are not aware of the procedure or process of initiating the trial. 

Laws regarding Confessions and Self-Incrimination

 Authored by Shreya Valiramani

Confessions by an accused or a witness and the admissibility of it are tools of evidence that create substantial testimony and shape a trial. The concern arises when it prejudices the interests of the accused or the witness when the latter is forced to confess against himself/herself to an offence in a court of law. In the following article, I bring to you a comparative perspective on the laws regarding confession between India and the U. S.

Laws regarding Arrest

 Authored by Dwayne Darryl Fernandez

This piece aims at contrasting the laws relating to arrest in the United States of America and India.

In the United States, if a substantial claim gains its foundation with the help of complaints and affidavit(s) that an accused has committed a crime, the judge must issue an arrest warrant to an authorized officer for the arrest to be carried out. The judge, in his power, can issue more than one warrant or summon. In case of failure to appear once a summon is served, the judge may issue a warrant. The judge must issue a warrant on request from an attorney working for the government if the accused fails to appear after a summon is produced  (Federal rule of Criminal Procedure, title II (Criminal Proceedings) Rule 4.)   

A warrant and summon must mention: (i) the name of the defendant (name or identification which can help identify the defendant with reasonable certainty); (ii) the offence for which the accused is called forth.