Volume: XI 2 2024

Abstract This research paper delves into the intricate intersection of false charges of offenses particularly with regard to rape and human rights, aiming to provide a thorough examination of the legal and ethical dimensions surrounding this critical issue. False accusations of criminal activities can have profound consequences not only on the accused individuals but also on the broader human rights landscape. Rape is not only heinous crime, it also carries a social stigma not only for the victim but also for accused. Apart from violating right to life, liberty, reputation, the false accusation of rape have a deep psychological distress leading to anxiety, depression of the accused and in some cases suicidal thoughts. The accusation can affect the professional life causing loss to business. Loss of trust from family and society creates a sense of isolation and hopelessness. False accusation of offenses in general and of rape in particular violates right to life, liberty, livelihood, reputation and also impacts the overall administration of justice. This study seeks to unravel the complexities inherent in such cases, shedding light on the multifaceted impact on legal systems, individual liberties, and societal trust.

Abstract Ideals of secularism in Indian democracy allow individuals to freely profess, practice, and propagate their religion without any fear of being discriminated against or barred from exercising the right to education. The cultural practice of wearing a hijab symbolizes an individual’s freedom to choose one’s religious belief. The practice of ‘Hijab’ is considered as a social fact. It is often questioned to be an “essential religious practice.” But by no means could such expression of freedom be curtailed just in the name of protecting students from discrimination by disclosing any religious affiliations. In numerous instances, the judiciary demonstrated a balancing approach to uphold the validity of the ‘Hijab’ in the frame of constitutionality, public interest, and communal harmony. The paper intends to interpret different tests and review measures adopted in handling instances of conflict between religious practices and fundamental rights, and analyse ‘hijab’ as a barrier to access to education.

Abstract The legality of Multiple/ Second / Successive FIRs and its effects on both offender and victims have in recent times remained very debatable issue. In any legal instrument of India, the second FIR, expressly, neither permitted nor forbidden. The main objective/s of this research paper is to know the scope of successive FIR, its effects on stakeholders and to suggest reformatory measures to overcome this problem. This Paper is a humble attempt to overcome the problem of increasing trend of multiples FIR. In the present paper the doctrinal method has been used. For this purpose various books, research papers and case laws, online and offline, have been referred to. Beside this evaluative and critical approach has been adopted.

Abstract Denying women their rights to inheritance results in many socio- economic challenges and problems especially towards divorced women and widows. Besides express denials of their respective shares, there remains covert denial too. This includes relinquishment of share by woman in favour of male heir. This paper is an attempt to highlight the reasons underlying the practice of relinquishment of share. It further analysis its different dimensions and how this practice contributes to denial of property rights of women in Kashmir.

The Prevention of Children against Sexual Offences Act, 2012 (POCSO Act) is the premier legislation in India enacted with the objective of protecting children from sexual offences in the country. It defines a child as any person under the age of 18 years and criminalizes any activity with a person, thereby also penalizing consensual romantic relationships which often lead to sexual activities and provides no exception. Such a provision not only delegitimizes the consent of children and adolescents but also represses their sexual autonomy. It also disrespects their evolving capacities as human beings and tries to brush under the carpet a very different reality where such activities are very common. In a conservative society like India, sex is considered a taboo and dealt with in a paternalistic manner by parents as well as government authorities, the POCSO Act and its provisions have become a tool for guardians to punish their children for being involved in romantic relationships with the opposite sex. The judiciary on the other hand, despite the Act being a penal legislation, has interpreted the provisions of the act liberally and most romantic cases have resulted in acquittals. The primary factors in such an approach have either been the victims turning hostile or the victims getting married voluntarily to the accused during the trial and sometimes even having a child. Thus, looking at the practical realities of life, the courts have acquitted the accused. This is the dichotomy that this paper seeks to address, that while on one hand, there is a law that prohibits all consensual romantic relationships between children and adolescents, on the other hand, their occurrence is common which is backed by empirical data from government and non-government agencies and even the judiciary is willing to accept them. It also tries to address the debate around the age of consent and of the close-in-age exception in India, a concept prevalent in my countries across Europe and North America.