Criminal Justice and Fair Trial

The Supreme Court of India Reads down the Marital Rape Exception: A Partial Victory for Women’s Rights Advocates

The Supreme Court of India Reads down the Marital Rape Exception: A Partial Victory for Women’s Rights Advocates

In a recent case, Independent Thought v. Union of India and Anr, a division bench of the Supreme Court of India partially read down an archaic exception to the offense...
Consent In Indian Rape Law: A Case For An Objective Standard Of Determining Consent

Consent In Indian Rape Law: A Case For An Objective Standard Of Determining Consent

Section 375 of the Indian Penal code defines rape as the offence committed by a man having sexual intercourse with a woman “without her consent”. Since criminal law attempts to...
Farooqui v State Government of Delhi: Confusing Consent

Farooqui v State Government of Delhi: Confusing Consent

The recent Delhi High Court judgment acquitting Mahmood Farooqui of rape is problematic as it appears to create a new test for consent The court held that a ‘no’, even...
Offences Against Foreign Domestic Workers in Singapore: Vindicating The Victim’s Right to Dignity

Offences Against Foreign Domestic Workers in Singapore: Vindicating The Victim’s Right to Dignity

The High Court of Singapore recently increased the sentences of two employers who had starved their foreign domestic worker, causing serious physical injury. In so doing, the court affirmed the...
Child Marriage before the Indian Supreme Court

Child Marriage before the Indian Supreme Court

The Supreme Court of India on 11th October 2017 ruled that sexual intercourse or sexual acts by a man with his minor wife would amount to rape for the purposes...
‘12 year a non-compliance’: redress at last?

‘12 year a non-compliance’: redress at last?

Last week, the UK government announced its intention to change the Prison Service Guidance so as to allow prisoners towards the end of their (less than one year) imprisonment sentence...
Tunisia’s Revolutionary Steps: New Law Protecting Women Against Violence

Tunisia’s Revolutionary Steps: New Law Protecting Women Against Violence

July 26th 2017 marked a historic date in Tunisian history, with the passing of a national law against domestic violence, targeting “any physical, moral, sexual or economic aggression” against women....
The World Day Against Trafficking in Persons

The World Day Against Trafficking in Persons

July 30th marked the UN’s fourth annual World Day Against Trafficking in Persons, which seeks to increase awareness of human trafficking as a serious crime and human rights violation. Traffickers...
Extra-territorial arrests by States: Did the Namibian Supreme Court get it wrong?

Extra-territorial arrests by States: Did the Namibian Supreme Court get it wrong?

The decision of Likanyi v The State, which was recently handed down by the Namibian Supreme Court, raises pertinent issues relating to the understanding and application of the principles of...
India’s Model Beggary Bill: Towards Rehabilitating the Beggars

India’s Model Beggary Bill: Towards Rehabilitating the Beggars

The practice of beggary is rampant in India and currently, over 4 lakh (400,000) people are involved in it. Some practice beggary because of their religious beliefs while for some...
Preserving Evidence of ISIL Atrocities: The International, Impartial and Independent Mechanism

Preserving Evidence of ISIL Atrocities: The International, Impartial and Independent Mechanism

On 21 December 2016, the UN General Assembly adopted Resolution 71/248, establishing an ‘International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Those Responsible for the...
Kenya Enacts Contempt of Court Act to Uphold the Right to a Fair Trial

Kenya Enacts Contempt of Court Act to Uphold the Right to a Fair Trial

For a long time, the law on contempt of court in Kenya was outdated and quite unsatisfactory. However, Kenya recently enacted the Contempt of Court Act, Act No 46 of...

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