Should Prostitution be Decriminalized in India?

This article is written by one of our authors  Shashank Sahay .

(Also read article on Women Exploitation in India)

The exponential rise in the number of women being trafficked inters and intra country has sparked off numerous debates. Some advocacy groups talk about issuing license to women involved in prostitution, thereby granting them the status of legitimate work.

Those in favor of legalization of prostitution as a profession argue that establishment of self regulatory boards constituted solely by sex workers would be able to check the inflow of new entrants especially with respect to their age and health. Once the women are

Laws related to Women Exploitation in India

This article is written by one of our authors  Shashank Sahay .

Child Labour in India

The Child Labour (Prohibition and Regulation) Act, 1986, bans employment of children less than 18 years in certain fields such as transport, railways, ports etc. Employment of children is also regulated under several legislations such as Factories Act, 1948, Mines Act, 1983, Apprentices Act, 1951. The cut off age is 14 in most of the cases. However, the penalizing provisions of these Acts scarcely touch the exploiters/violators of the law. Monitoring of the law is extremely poor. The Supreme Court judgments on child labour have done little to improve the situation. (Image taken from here.)

Similarly, the Child Marriage Restraint Act, 1929, stipulates the

Jihad in the Contemporary World

This article is written by one of our authors  Shashank Sahay and  Ashika Daga.

(Disclaimer: The views expressed herein do not reflect the views of this blog and the article is meant only for research purposes and neither does the author nor the this blog intend to hurt the sentiments of people of any religion or belief, whatsoever.)

Introduction

JIHAD- what does it mean?

Historically, Jihad means Holy War. For 1400 years, Muslims always understood the meaning of Jihad as Islamic Holy War. Every Islamic scholar, Mullah, Maulana and  Imamare of the same opinion regarding this meaning of JIHAD. Technically, Jihad is a war against the non-Muslims (Jihad al-kuffar or Jihad against disbeliever; and Jihad al-munafiqeen or Jihad against hypocrites) only, since Muslims are forbidden to fight the Muslims. Hundreds of books have been written by the Islamic scholars (Islamic Chintabid) on Jihad and everybody unanimously used the word Jihad as the religious war.  In the Islamic history, more than 80% of the texts are filled with Holy War (Jihad). Early Islam was spread in the Arabian Peninsula solely by these holy wars. Islam was propagated as a religion by series of wars/battles –both defensive as well as offensive. As many as 78 historic battles were fought by Prophet Muhammad himself, and out of 78, only one (battle of Ditch) was a defensive war, and the rest were simply offensive wars.  Did the Muslim soldiers

Insanity in Law

This article is written by Shashank Sahay.

Insanity

The definitions of legal insanity differ from state to state, generally a person is considered insane and is not responsible for criminal conduct if, at the time of the offense, as a result of a severe mental disease or defect, he was unable to appreciate the nature and quality or the wrongfulness of his acts. This basic reason for allowing the 'Insanity Plea' as a defense is because willful intent is an essential part of most offenses; a person who is insane is not capable of forming such intent. Mental disease or defect does not alone constitute a legal insanity defense. The defendant has the burden of proving the defense of insanity by clear and convincing evidence.  (Image taken from here.)

Mental condition rendering trial impractical

If the home secretary is satisfied by the reports from at least two medical practitioners that person is suffering from mental disorder, he may order that person to be detained in hospital in public interest. (this power is exercised by The Home Secretary only) or  If

Environmental Crisis in India

This article is written by Shashank Sahay.

The rate of environmental degradation in India has perhaps surpassed the rapid rate of economic growth in the country. The scale of damages is so large that they cannot be relegated to the category of localized problems. They are global problems[1]. The already fragile global ecological systems are being strained even further. Demanding compliance with strict environmental standards would significantly retard the pace of growth in the economy and exacerbate their problems of poverty and unemployment. Innovative thinking to facilitate growth whilst protecting and restoring natural endowments is warranted. Some contemporary decision

Homosexuality In Legality

This article is written by Shashank Sahay

Introduction

The basic tenet of Indian constitution lies in the principle of inclusiveness.  Unfortunately homosexuals have been continuously harassed, demeaned and secluded from the society. This has been carried out under section 377 IPC which directly targets their right to equality and freedom of expression, hereby overruling article 14 and 19 of the Indian constitution . The proposition, which the researchers would moot would be the decriminalization of homosexuality. In our country even the rapist (or alleged) are not kept under judicial custody on non bail able warrants, but this is not the same for the homosexuals. If the person alleged of heinous crime such as rape is provided with such a soft cushion in our legal system, then there shouldn’t be any kinds of discrimination  in relation to homosexuals indulging in sexual intercourse with each other’s consent contrary to the rapists ,who by assault or external force induces themselves in sexual intercourse with  person against his or her will outlawing the opinions of certain reserved section of the society. The purpose of