articles by Deya Bhattacharya

India

Bilkis Bano's plea for exemplary compensation highlights how the judiciary failed her by ignoring state's responsibility

Bilkis Bano, the 2002 Gujarat gangrape and communal violence survivor, has been fighting for justice.

India

Triple talaq bill: Draft law is more focused on victimising Muslim women rather than empowering them

In August 2017, the Supreme Court passed a seemingly remarkable judgment in the Shayara Bano v Union of India on the practice of instant triple talaq.

India

Kerala HC gives progressive judgment on dignity of motherhood, but is new legislation on this subject necessary?

The judgment recognises that motherhood is a right that has to be protected by an employer. More importantly, it subsumes motherhood and right to dignity as a mother under Article 21 which protects life and personal liberty

India

Ryan International murder: JJB ruling highlights need for proper rehabilitation framework for juveniles

By declaring that the teenager in Ryan International School case be treated as an adult, the Indian criminal justice system is violating juveniles' rights.

India

Death penalty for child rapists in Madhya Pradesh: Govt should instead focus on preventive measures

Madhya Pradesh Assembly unanimously passed a bill that states that perpetrators who are found guilty of raping 12-year-old girls or younger will be receive death penalty.

India

India's wrongfully imprisoned get little relief as country lacks proper legal remedy

A rehabilitative scheme for the wrongfully imprisoned without examining intersectional issues such as economic, social and communal divides will be futile.

India

Kerala 'love jihad' case: Will the judiciary focus on Hadiya's personal liberty instead of infantilising her?

Is it Hadiya’s freedom if she is “allowed” to pursue her studies but not “allowed” to go back to her husband, Shafin?

India

New legislation on triple talaq should focus on Muslim women's rights rather than criminalising practice

A human rights framework in the legislation on triple talaq would cut through the long-winding interpretations of the Quran and hadith.

India

'Marital rape a disgraceful offence’: Gujarat HC's ruling progressive, but mere condemnation of practice rings hollow

Marital rape is not yet a criminal offence in India, though the matter has been debated by legislators, policymakers and the civil society for a long time.

India

First-ever Gender Vulnerability Index will give activists tangible parameters to tackle discrimination against Indian women

The first ever Gender Vulnerability Index (GVI), developed by Plan India, a non-governmental organisation, indicates that Goa is the safest for women and girls while Bihar ranked the lowest for their safety and security.

India

SC says consent of husband not needed for abortion: Progressive judgment but concerns abound

The Supreme Court, last week, ruled that abortion is an exclusive right for women and said that the husband's consent is not needed for it.

India

India's forgotten widows: Govt must move beyond laws and actions plans, focus on social security and rehabilitation

The Supreme Court, this week, while dealing with the disconcerting issue of the deplorable conditions that widows in Vrindavan and other areas face, asked a very pertinent question : Do state commissions for women really exist?

India

Sex with wife below 18 is rape, rules SC; Tells Centre, states to take proactive steps to prohibit child marriages

The Supreme Court ruling that sexual relations by a man with his minor wife would be considered rape will be instrumental in preventing child marriages

India

SC says marital rape can't be considered criminal: Tradition doesn't justify assault, child marriage

Between the debates on child marriage and marital rape, the apex court leaves out completely the concept of consent.

India

Hadiya 'Love Jihad' case: Moralising and infantalising by court proves patriarchy still pervades judiciary

By declaring Hadiya's marriage void and by appointing her father as her custodian, the judiciary has exercised such a right, and in turn, deemed Hadiya as a child without rights

India

Deporting Rohingya could have huge implications on India and tarnish global image, says lawyer Colin Gonsalves

Rohingya have asked for protection and the right to not be returned to the place where they are being persecuted under Article 21, says lawyer Colin Gonsalves.

India

Jindal Law School rape: Punjab and Haryana HC verdict shows little has changed despite Verma Committee report

The Jindal Law School rape case is an example of how problematic rape jurisprudence in India is, despite the recommendations of the Justice Verma Committee.

India

SC ruling that 'cooling period' can be waived for divorce is progressive, pragmatic; minimises State intervention in matrimony

SC held that the six-month waiting period prescribed under Section 13B(2) of the Hindu Marriage Act, 1955 for divorce by mutual consent is not mandatory.

India

Centre likely to tweak definition of transgender: Major step towards recognition of community's civil and political rights

It is very commendable that the Centre has decided to take action about the definition of transgender in order to safeguard the rights of the community.

India

Centre's reluctance to safeguard 'transgender rights' in wages bill regressive, shows judicial wins alone don't end discrimination

By refusing to specify 'third gender' within the wages bill, the law ministry has suggested that transgender identity and rights be negated, and that goes completely against the tenets of the NALSA verdict