Laws & Articles

Male rape and the law:
On the prevalence of male custodial rape in children's homes, police stations and jails and how there is no recognition of custodial male rape in law
Source: People's Union for Democratic Rights, Delhi


The anti-sodomy law in India:
De-criminalization of anti-sodomy law in India tackling the issues of Constitutional Morality, public health and individual rights and a groundbreaking UN study on violence, discrimination against people because of their sexual orientation.
Source: Pukaar Magazine, Issue 77 April 2012


Marital rape and the law:
Seeks to bring out the laws regarding rape in India while concentrating on the position of marital rape and its recognition as an offence by the system and the attitude of the society and the judiciary towards marital rape.
Source: Priyanka Rath-Symbiosis Law School, Pune.


Marital rape in India and elsewhere:
Covers the legal position in other countries and some of the common arguments given against the idea and proposal of criminalizing marital rape as an offence under the IPC.
Source: Saurabh Mishra & Sarvesh Singh


Broadening the definition of rape:
Argues that rape cannot be solely established by penetration and how marital rape is an invasion of a woman's body.
Source: Dharm Veer Singh Krishnawat, National Law University, Jodhpur


Highlights of the Protection of Women from Domestic Violence

Source: NNLJR Posted by Sunilias under Crime&Law in womensweb.in


On the attempt to rape:
Highlights the fact that an attempt to rape is not a crime under Indian law as it exists today
Source: Women's Web


Causes and laws related to prostitution in India:

Source: Posted under Women Issues in legalserviceindia.com


Child marriage, prostitution and CSA: A legal view
The substantive and procedural laws dealing with child marriage, child prostitution and child sexual abuse remain antiquated, with very few changes being made. This article analyzes the laws, their implementation and effects in these three areas of violence which impact on the girl child in India.
Source: Kirti Singh & Diviya Kapur


Child Sexual Abuse and The Law:
Highlights of the Protection of Children from Sexual Offences Act 2012' and the inadequecies in IPC laws.
Source: Excerpts from Dr. Asha Bajpai's chapter on 'Child Sexual Abuse and Law'


A Study on Child Abuse undertaken by the Ministry of Women and Child Development in 2007:
One of the largest studies of CSA in the country, this provides most of the current statistics on CSA, and indicates that it is widespread, affecting roughly 53 per cent of India's children.
Source: NNLJR


Highlights & summary of the "Protection of Women Against Sexual Harassment at WorkPlace Bill, 2010" :
This is currently pending with the Rajya Sabha.
Source: PRS India


Highlights & summary of the "Protection of Children from Sexual Offences Bill, 2011" :
The bill was passed earlier this year.
Source: PRS India


A summary of the Criminal Laws Amendment Bill, 2012:

Source: PRS India


A letter by the Lawyers Collective HIV/AIDS Unit to a Parliament Committee on the 2006 amendments to the Immoral Traffic (Prevention Act).
Provides an overview of the ITPA's legislative history.
Source: Lawyers Collective


Landmark Judgments on Violence Against Women and Children from South Asia(Bangladesh, India, Nepal and Sri Lanka):
A very comprehensive document covering court judgments and key legal provisions.
Source: childtrafficking.com / South Asia Regional Initiative / Equity Support Program


Mapping Violence Against Women:
A March 2012 presentation by Ms. Indira Jaising. Provides an overview of laws relating to VAW.
Source: Ministry of Women & Child Development


A model law against domestic violence.
Law that aims at guaranteeing the human rights of all women in the scope of domestic and family relations, with a view to protecting them against all forms of discrimination, exploitation, violence, cruelty, oppression and negligence.
Source: Johns Hopkins University, School of Advanced Regional Centre Health and Development, School of Advanced International Studies, with The Suzzane Mubarak Regional Centre for Women's Health and Development


Definitions and basic terms to Gender Based Violence:
a set of links to legal documents and resolutions on Human Rights and Gender Based Violence and Human Trafficking.
Source: Health and Human Rights Information (HHRI)



(Compiled by Shreya Tyagi and Ashish Mehta from Genderlog)
Articles
Safety Advisory

1. When travelling alone, always be alert. Even if you are on the phone on listening to music, be aware of the people around you and your surroundings.


2. As far as possible, avoid travelling alone, especially at night. If you can pair up with a neighbor or colleague. Remember, "Safety In Numbers".


3. While waiting for transport or parking your car, devote your full attention to the situation. Try to avoid listening to music or talking on the phone. It's always a good idea to carry a flashlight.


4. If you've met someone online and they've suggested a face to face meeting, think about it. Discuss with family and friends. If you decide to meet the person, do so in a public place and have someone you trust accompany you. They don't necessarily have to be at the same table with you, but you will feel safer knowing they are close by.


5. Never accept food or drinks from a person you don't know.


6. Always SMS the number of the taxi or auto to yourself and a family member or friend.


7. Remember 112 & 911 are international emergency numbers. These numbers will dial even with the keypad locked and even without any balance in your account, even without a SIM card in the phone. In many states these numbers redirect to police control room.


8. If you are travelling alone, make it a habit to call a family member or your spouse at a fixed time every day. So if they don't receive your call, they are alerted.


9. At a party, always get your own drink. Watch it being poured and don't leave it unattended.


10. If you plan on drinking at a party, ensure you have a trust worthy person to drive you home.


11. If you enjoy jogging or running, always do so in familiar, well lit areas. Be aware of your surroundings and carry a whistle. Don't jog or run alone after dark. If possible try to jog/run with a partner.


12. Know and keep emergency numbers handy.


13. Save your home number under "Home" and a local number of a person like "brother" or "mother" or anybody who will quickly respond to emergency as "Office". This should be Speed Dial 2 & 3.


14. Never let perpetrators get away. Take pictures, note down their vehicle number, report them immediately. Scream for help, try to get other people's attention. Show your anger, not your fear.


15. Always trust your instincts. If something feels wrong, it probably is wrong.


16. Tell someone where you are going and approximately what time you will be back.


17. Invest in a can of Mace or Pepper Spray.