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Showing posts from February, 2020
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  Family courts uphold family ideologies, not gender justice Demands were made to establish family courts, and the Family Court Act was enacted in 1984. The law provides for specialized forums to deal with ‘matrimonial conflicts’ and not domestic violence. These are designed to adjudicate matters such as divorce, custody suits, maintenance, restitution of conjugal rights, and connected issues. The goal is to make the courts accessible and less intimidating for women through dispensing with lawyers, legalistic jargon, strict rules of procedures, and standards of evidence. These courts depicted mediation as an alternative to the patriarchy-inspired adversary system. This is preferred by many because of its reputation to provide for a better hearing. Yet this system could not aid in reducing violence or enabling justice for women. Studies have shown that the family courts are not free from difficulties like backlogs, the exploitative commercial approach of lawyers, long drawn-out battles,

Death Penalty or Victim Centric Justice System?

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  Death Penalty or Victim-Centric Justice System? 04/02/2020 For the past few days, since the Supreme Court awarded the death penalty to four convicts, the media headlines are screaming for the blood of rapists who brutally gang-raped Nirbhaya or Jyoti Singh on 16th December 2012. Heated discussions are going on regarding the execution of convicts where several experts and activists argue against the death penalty, while there are those who are in favor of it. However, what is ignored in this intensive debate is the fact that it is essential to ensure the certainty of punishment rather than stressing the severity of punishment. Secondly, this debate diverts attention from the plight of victims, survivors, and their families who are the crux of the criminal justice system. This essay suggests that the need is to focus on the victim-centric approach. Making violent men accountable for their criminal actions, guaranteeing fast-track quality hearings, having proper witness and victim prote