Articles by Deya Bhattacharya
Jan 04, 2019
'Consensual sex of live-in partners not rape if man fails to marry': SC ruling tackles sensitive issues like consent, but lacks nuanceWhile the Supreme Court judgment takes a hard look at consensual relationships, rape, and consent itself, and is progressive to some extent, it lacks nuance. The Supreme Court, on 22 November, 2018, held that if a person had not made the promise to marry with the sole intent to seduce a woman to indulge in sexual acts, such an act would not amount to rape.
Oct 11, 2018
#MeToo movement in India shows that existing laws against sexual harassment at workplaces failed women#MeToo shows the legislation did not examine the historical disadvantage that women have had in the workplace and the power and privilege that men wield.
Sep 28, 2018
SC decriminalises adultery: Triumph of individual's rights over social institutions like marriage is the real victoryWith the striking down of adultery under Section 497 of the IPC, constitutional law has finally entered the institution of marriage in a bid to ensure constitutional freedoms, destroy hierarchies, eliminate inequalities and attempt to democratise matrimonial relationships
Sep 21, 2018
Data suggests Centre's move to roll out sex offenders registry is ill-advised; move will only create more problemsIndia is not ready for a sex offenders registry because it seems to be violating more rights in the garb of protecting public safety.
Jul 19, 2018
Anti-trafficking bill not a rights-positive legislation, may further marginalise sex workers, trans people, childrenThe Anti-Trafficking Bill conflates trafficking with sex work, and therefore, impacts consenting adult sex workers, marginalising them further.
Jul 05, 2018
Prolonged sexual relations as good as marriage? Supreme Court's patriarchal attitude invalidates concept of consent and matrimonyThe overall attitude of the Supreme Court is problematic in this matter simply because the bench is examining the nature of relationships, i.e., scrutinising whether live-in relationships and marriages can be deemed similar in nature.
Jun 30, 2018
Amendment to Maternity Benefits Act is a case of good intentions backfiring, ends up disincentivising hiring of womenThe Amendment to the Maternity Benefits Act disincentivises companies from hiring more women, leading to a reduction in the labour force participation of women.
Jun 15, 2018
Kerala HC verdict on transgender identity begs question: Why has State failed to formulate NALSA judgment into law?We may celebrate the Kerala HC judgment on transgender identity, by saying that it is a victory for the LGBTQI community. But in reality, it is not.
Jun 04, 2018
Kerala HC shows progressive bent in allowing live-in relationships but protectionist approach infantilises womenKerala High Court held that its power to issue writs of habeas corpus cannot be utilised to separate live-in couples, as long as they have attained the age of majority.
May 24, 2018
Centre's draft policy for domestic workers lacks teeth, fails to chart employee-employer relationshipAt this point, it is imperative to look at domestic workers as a sector that cuts through several issues like caste and class divides and discrimination.