Issue 3

1. Expansion of Reservation System in India vis a vis Constitutional Framework

By Abhivyakti Parashar

From Symbiosis Law School, Pune

In India, a system of affirmative action called reservation gives historically underrepresented communities participation in government programs, banking, health, insurance, further education abroad, scholarships, and politics. A substantial portion of India’s underprivileged has profited socially and economically by reservation. Reservations based on caste aid in addressing historical indifference to and injustice towards socially disadvantaged groups in society. The policy of caste-based reservation is being used by people to fulfill their political objectives. Reservation-based quotas constitute a form of discrimination against other people and run counter to the right to equality. The Indian Constitution established the reservation scheme as an ad hoc measure for a decade. However, it has persisted to this day and has incited animosity among those of higher castes against the caste-based quota system because they are receiving fewer possibilities for employment and entrance to schools of higher learning. It is crucial that the advantages of the reservation policy must be felt by the populace who actually need them before the ultimate goal is accomplished. Ensure social equality is also necessary. In our culture, the class system, untouchability, and other forms of discrimination must be eradicated.

2. White Collar Crimes: The Filching & Swindling of Funds

By Arya Gupta

From Chanakya National Law University, Patna

White-collar crimes are performed by a variety of people out of self-enrichment motives. However, when this crime is committed by a group of people or an association in a firm, it becomes a corporate crime. Compared to the loss caused by white-collar crimes, other conventional crimes like theft, trespassing, burglary, arson, etc. causes less damage. White-collar crimes differ from common crimes in that they are more likely to target organizations rather than single victims, include more criminals, follow a specific pattern, and last longer. White-collar offenders have different traits as well, which are discussed in detail in this paper. The business and economy of our nation suffer as a result. Additionally, it causes investors’ faith in the market to decline. This paper deals with the differences between Blue Collar Crimes & White-Collar Crimes, the preventive measures applied by the Santhanam Committee, it also covers different kinds of White Collar Crimes in Various Professions, this paper strategically throws light upon International Perspective on White Collar Crimes, The study focuses on the sorts of white collar crime and the cases of corporate crime that occur in detail.

3. Marital Rape: A Socio-Legal Dimension

By Jahanvi

From Chanakya National Law University, Patna

This article critically analyses the loopholes in section 375 of the Indian Penal Code, 1860, and the current scenario of the justice system regarding the rape laws in India. The article sheds light on the notion of society and how our society is dealing with rape victims, especially the victims of marital rape. Marital rape can be defined as a forced sexual act within the marriage institution where, the husband, without the wife’s consent, forces her to perform sexual acts with him. The author is in favor of criminalizing the exception of marital rape by taking into account its consequences. The author will analyze awareness with respect to this offense in society and emphasize the judiciary’s role in bringing about change in the provision of section 375 of the Indian Penal Code, 1860. The article also deals with the need and importance of introducing new laws to maintain the dignity of married women. The central idea of this article is to convince people to consider marital rape as a heinous offense and try to bring positive changes in the patriarchal thoughts of society.

4. Analyzing One Rank One Pension Scheme in India

By Aarya Gurjar

From Chanakya National Law University, Patna

One Rank One Pension (OROP) policy is one of the highly demanded schemes by the ex-servicemen who served in the army. OROP relates to the fact that retired army personnel are not differentiated in their pensions just because of the difference in their year of retirement. That is why it was in high demand. Being in demand for so long and seen as a necessity by the government, it can be said that the introduction of One Rank One Pension was the need of the hour to ensure equity in the payment of pensions to these veterans. The OROP policy although opposed by many people after its implementation due to various reasons was held valid by the Supreme Court. The court declared it valid rejecting the review petitions as it was constitutionally valid. Since every policy has its pros and cons, OROP also faced criticism from many people. But when we look at the policy overall, there is no such key reason to not implement it. It has been supported by the majority and so the bringing of One Rank One Pension can be said to be a good move by the government. 

5. Men Cannot Be Raped: A Flawed Socio-Legal Mindset

By Ayush Kumar Gupta

From Chanakya National Law University, Patna

India, Despite being the world’s largest democracy in the world our society fails to acknowledge the fact that men get sexually abused and raped by both male and female perpetrators. Our society is also not so liberal to think like this because they have patriarchal and stereotypical mindsets, considering sexually assaulted men as weak and considering themselves as powerful. People are closing their eyes even when they see such incidents of rape against men. Stereotypes think that men are not weak, men always consent towards sex, and men are less traumatized as compared to women. There are more than 77 countries in the world who has adopted gender-neutral rape laws but considering the position India, it is quite hard to implement these gender-neutral rape laws because of such a flawed mindset. There is no doubt about the fact that we are developing the legal framework but the development is slow. Many times there were approaches to making gender-neutral rape laws, But every time conservatives play their absurd role to oppose such kinds of development, which ultimately slows the development. it is high time to make amendments to the ambit of sexual offences against men.

6. Judicial Intervention the Only Way for the Independent Election Commission: A Search for Possible Alternative

By Adil Ameen

From Chanakya National Law University, Patna

This article deals with the issue of “why is always needed the intervention of the judiciary in the work of administration”. Independence and transparency in the election conducting body are always necessary for a free and fair election. The influence of the ruling party upon the election commission is evident from practice. The process of appointment of election commissioner once again became controversial in the recent appointment. The petition was filed before the supreme court for directing government rule and procedure of appointment and also asked for the intervention of the chief justice in the process of appointment of election commissioners. One alternative can be the British system which has proven effective in ensuring an independent election commission and in conducting elections in a free and fair manner. By involving political parties in the process this system has eliminated the chance of any misconduct or favoritism by commissioners as all of them come with a choice of different political parties. This will bring faith in the election commission and its decision and ensure the independence of the election commission of India.

7. Body politics and Communist Propaganda in Dalit Feminist Narratives

By Anushka

From Department of English, University of Delhi

This paper intends to do a comparative study on the role of communism in the novels of P. Sivakami and Meena Kandasamy namely, The Grip of Change and The Gypsy Goddess, in contribution to the construction of a Dalit woman’s persona in the given socio-political context of India. Both the texts in their approaches have created a realm for a Dalit woman’s fate which is decisive of several factors such as caste and class struggle, her vulnerability towards the violence she is subjected to, and the function of communism in providing a platform for separate niche from their caste but then limiting it in terms of class too. The paper will begin by looking into the relational nature of caste and class struggle going prior to and during the emergence of the Dalit Liberation Movement and the participation of Dalit women resulting in the creation of a separate forum for studies and criticism which they voiced due to their double oppression.  It will refer to various female Dalit autobiographies, and re-visit memoirs and essays including that of Sivakami and Kandasamy’s. It will be arguing about the function of communism serving as a mouthpiece for Dalit woman’s tragic life experiences, which cannot stand unrecognized but there were certain factors embedded in the intra caste atmosphere of these communities which they failed to capture. It will also compare the characters of Dalit leaders and the movements to which they were associated in both the texts and point out the deliberate omission of the other gender from the Dalit discourse. The inspection of difference between traumatization of the female characters and the coping of the male ones will provide an insight into the psychology of their caste identity and body politics. Lastly, it will be tentatively looking into the aspects of emergence of a separate stream of studies – the female Dalit world and its importance for the victims who were doubly charged by the Brahamanical forces in terms of gender, caste and class.