Category: Volume 4 and Issue 1 of 2024

A COMPARATIVE ANALYSIS OF GENDER DISPARITY IN CRIMINAL PROCEDURE FRAMEWORKS: THE CODE OF CRIMINAL PROCEDURE, 1973 AND THE BHARTIYA NAGARIK SURAKSHA SANHITA, 2023

AUTHORS – KAUSHIKI RAI¹ AND DR. SALTANAT SHERWANI²

STUDENT¹ AND ASSISTANT PROFESSOR², AMITY UNIVERSITY, NOIDA

BEST CITATION – KAUSHIKI RAI & DR. SALTANAT SHERWANI, A COMPARATIVE ANALYSIS OF GENDER DISPARITY IN CRIMINAL PROCEDURE FRAMEWORKS: THE CODE OF CRIMINAL PROCEDURE, 1973 AND THE BHARTIYA NAGARIK SURAKSHA SANHITA, 2023, Indian Journal of Legal Review (IJLR), 4 (1) of 2024, Pg. 25-32, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This paper delves into the persisting or evolving nature of gender disparity within the criminal justice system of India, specifically comparing the frameworks laid out in the Code of Criminal Procedure, 1973 (CrPC) and its recently introduced successor, the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS). The analysis emphasizes the vulnerabilities faced by women in various stages of the criminal process, including arrest procedures, safeguards during custody, and access to justice. By examining both continuities and potential advancements introduced in the BNSS regarding gender equality, the paper aims to evaluate the effectiveness of these provisions in mitigating gender bias and promoting a fair and equitable criminal process for all.

Keywords: Gender Disparity, Criminal Procedure, Code of Criminal Procedure (CrPC), Bhartiya Nagarik Suraksha Sanhita (BNSS), Arrest Procedures, Custodial Safeguards, Access to Justice, Gender Equality

AN ANALYSIS ON MISUSE OF MAINTENANCE RIGHTS BY WOMEN AND ADDRESSING GENDER INEQUALITY IN MAINTENANCE LAWS IN INDIA

AUTHOR – MS. JASLEEN KAUR¹ AND DR. SALTANAT SHERWANI²

STUDENT¹ AND ASSISTANT PROFESSOR², AMITY UNIVERSITY, NOIDA

BEST CITATION – MS. JASLEEN KAUR & DR. SALTANAT SHERWANI, AN ANALYSIS ON MISUSE OF MAINTENANCE RIGHTS BY WOMEN AND ADDRESSING GENDER INEQUALITY IN MAINTENANCE LAWS IN INDIA, Indian Journal of Legal Review (IJLR), 4 (1) of 2024, Pg. 18-24, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Women-centric laws in India have been implemented with the noble objective of empowering and protecting women from different types of discrimination, abuse, and injustice. However, there has been raised concern over the years concerning possible misuse of these rules and regulations. A key component in these laws is the Right to Maintenance, which aims to alleviate the harsh circumstances that many women experience. In India, the process of dissolving a marriage may be a highly traumatic ordeal, specifically for women who must negotiate settlement terms and seek maintenance payments for their own well-being and their children. This complicates the already-stigmatized nature of divorce. Maintenance, in this sense, refers to the financial assistance that one spouse is required to offer to the other when the latter is unable to fulfil their recurring expenses. In recent years, there has been an alarming increase in the number of false lawsuits brought by women, usually with malicious purpose, to obtain maintenance. Innocent people, including males and their families, have been falsely implicated, resulting in legal harassment, social humiliation, and financial difficulty. This abstract sheds light on how such misuse can perpetuate gender bias and impede progress toward gender equality in society. By filing false cases, individuals undermine trust in the legal system and divert attention from genuine instances of discrimination and violence against women. This erodes support for women’s rights initiatives and makes achieving meaningful change more challenging. Addressing this misuse is crucial for upholding fairness, justice, and gender equality.

Keywords: Maintenance rights, Gender Equality, Discrimination, Injustice, Legal Harassment

LIFTING THE CURTAIN OF SILENCE: RECOGNIZING AND TREATING SPOUSAL SEXUAL ABUSE

AUTHOR – HARSHITA JOSHI, STUDENT AT AMITY UNIVERSITY, LUCKNOW

Best Citation – HARSHITA JOSHI, LIFTING THE CURTAIN OF SILENCE: RECOGNIZING AND TREATING SPOUSAL SEXUAL ABUSE, Indian Journal of Legal Review (IJLR), 4 (1) of 2024, Pg. 8-17, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

One horrific fact in the annals of intimate partner violence that is sometimes hidden from public view is the pernicious phenomenon of marital sexual abuse. The complicated issues underlying sexual violence in marriages remain hidden, even though the conversation about domestic abuse has acquired a lot of momentum recently. “Lifting the Curtain of Silence: Recognizing and Treating Spousal Sexual Abuse” aims to shed light on this hidden dimension of intimate partner abuse by revealing its many layers to promote increased comprehension, awareness, and successful interventions. Acts of sexual assault, compulsion, and manipulation by one spouse against the other are frequently covered up by a veil of silence inside the sacred context of marriage. Strongly held beliefs about marital privilege and conjugal rights have historically supported a climate of impunity, which has led to a denial or undervaluation of spousal sexual assault. The widespread myth of marital immunity continues to impede efforts to identify and address domestic abuse, even in the face of modest advancements in legal frameworks and societal attitudes toward it. By investigating the several elements that lead to the continuation and concealment of spousal sexual abuse, this study aims to directly address this silence. Examining every aspect of this issue is necessary because it involves complex interactions between gender inequality and power dynamics as well as psychological effects on survivors. In addition, the sociocultural environments in which domestic violence occurs need to be carefully examined, taking into account the wide range of variables that influence both personal experiences and social reactions. In addition, this research aims to investigate the various difficulties that arise when identifying and addressing marital sexual abuse in legal, medical, and community contexts. Legislative progress in criminalizing marital rape and improving victim support services has not eliminated significant obstacles, which range from victim-blaming and underreporting to institutional failures and societal shame. Investigating these barriers can help to clear the way for more successful intervention, prevention, and survivor support systems. Through navigating this landscape, it becomes clear that ending domestic violence against women requires an all-encompassing strategy that includes targeted interventions, legislative reform, and societal shifts. The veil of silence around this widespread form of intimate partner abuse can be partially lifted by elevating the voices of survivors, questioning social norms, and encouraging multi-sectoral collaboration. We want to build a future in which no one has to live in fear of being sexually abused by their spouse and can recover their agency, dignity, and rights while maintaining the integrity of marriage via thorough investigation and group efforts.

PRINCIPLES OF EQUITY IN ISLAMIC INHERITANCE: THE DOCTRINES OF AUL AND RADD

AUTHOR – KUMARAPPAN M, DEPARTMENT OF LAW,SASTRA UNIVERSITY,THANJAVUR,TAMILNADU,INDIA

Best Citation – KUMARAPPAN M, PRINCIPLES OF EQUITY IN ISLAMIC INHERITANCE: THE DOCTRINES OF AUL AND RADD, Indian Journal of Legal Review (IJLR), 4 (1) of 2024, Pg. 1-7, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

        Islamic inheritance law is guided by principles aimed at achieving fairness and equity among heirs. Central to this legal framework are the doctrines of Aul and Radd, which address scenarios where the distribution of assets deviates from equity. The Doctrine of Aul is applied when the total sum of allotted shares exceeds unity, necessitating a redistribution to ensure proportional division among heirs. Conversely, the Doctrine of Radd comes into play when the total allotted shares are less than 1, resulting in the return of residue to the sharers in accordance with their entitlements. Understanding these doctrines is essential for upholding justice and fairness in the distribution of estates according to Islamic law.

Keywords: Islamic inheritance law, Doctrine of Aul, Doctrine of Radd, equity, redistribution, residue, heirs.