articles by Deya Bhattacharya

India

Right to privacy: Judiciary needs to be consistent when deciding who deserves this fundamental right

Is the right to privacy the same for everyone or is it a varied right, depending on the specific characteristics of the class, community or individual?

India

SC verdict on triple talaq not the game changer Muslim women were looking for; it fails to alter gender dynamics

On Tuesday, the Supreme Court passed a landmark judgment on the practice of talaq-e-biddat or instant triple talaq, calling it “manifestly arbitrary” and against the basic tenets of Islam".

India

Accused in Pune gangrape case get bail: Govt, courts aren't doing enough for justice for transgenders

The government has waited far too long to provide procedural mechanisms for transgenders.

India

Article 35A debate in Jammu and Kashmir: Plea against special law is about women's rights not political future of Valley

Article 35A allegedly denies Kashmiri women and their descendants their property rights if they marry outside the state of Jammu and Kashmir

India

Delhi High Court has curtailed women's access to justice by terming rape laws as weapons of vendetta

Delhi HC's judgment gave a clear message - that the judiciary is not the repository of rights when it comes to violations like rape against women.

India

Domestic violence: Supreme Court verdict on Section 498A puts family honour over women's rights

By creating the Family Welfare Committee, the Supreme Court has created one more layer between the victim and the justice system, and as a result, her access to justice is compromised.

India

10-year-old rape survivor's pregnancy: Abortion cannot hinge on archaic law that is incapable of dealing with issue

It's not just a question of following legal procedure about pregnancy and abortion. In this case, the petitioner is a child herself, and with every procedural stage, continues to endure grave mental and physical torture

India

Mental healthcare: India needs to define rehabilitation, policy must take rights-based approach

Any guidelines on rehabilitation of mental patients need to be reviewed and strengthened to reflect a human rights-based approach without which its implementation would be incomplete and the issue of former mental health patients will continue to exist

India

Farmers' suicides: Supreme Court is right; state and central govts must galvanise efforts to address issue

The Supreme Court indicated recently that paying compensation or ex-gratia payments to the next of kin was not a preventive measure for farmers' suicides.

India

SC judgment on MTP Act accommodates mental, physical health of the mother, life of foetus after birth

The Supreme Court, earlier this week, presented a judgment which was win-win for both the petitioner as well as the judiciary — the petitioner made a case for termination of pregnancy beyond the permissible limit, and the judiciary accommodated the argument.

India

Bombay HC's ruling on child's rights in custody battle underscores need for equality in family laws

The Bombay High Court's recent judgment on a father's custody rights honours the 'best interests of the child' doctrine.

India

Uber rape case: Leaked medical records reveal gaps in protecting victims of sexual violence

A deep gap exists in the understanding between the legal and medical spheres on how to protect the victims of sexual violence as recent reports have suggested that Delhi Police leaked sensitive medical information of a 2014 Uber rape survivor to the company

Life

Paternal instinct: The legal quagmire around fatherhood In India needs to be resolved

What India needs this Fathers’ Day is to find and follow its paternal instinct.

India

Are children legitimate witnesses in the larger workings of the judiciary?

In May 2017, a Supreme Court Bench consisting of L Nageswara Rao and Navin Sinha confirmed the conviction of a woman for the murder of her husband. This conviction was based on the solitary testimony of her 12-year-old son, who witnessed the murder — he noticed that his mother was present while two assassins killed his father, and his mother asked him to leave the room on the word of one of the assassins.

India

Women in combat roles: Army chief Bipin Rawat's decision is path-breaking, but inherently flawed

A gradual breakdown of the public/private domain is evident in the fact that women are being welcomed into spheres that were previously dominated by men

India

Kerala High Court forcing adult married woman to live with her parents is regressive, violates constitutional rights

A Kerala High Court judgment forcing a married Muslim woman to live with her Hindu parents seems to state that a woman is a property in a man’s house, always 'allowed' and 'permitted' to do things, her identity invariably tied to her father, brother or husband

India

Gujarat High Court ruling opens doors to legal changes, recognise rights of voluntary sex workers

The Gujarat High Court in its latest judgment provided a caveat that in cases where sex work is voluntary Section 370 of the Indian Penal Code would not apply, thus opening the doors to make more sustainable changes in the legal arena for sex workers

India

Bombay HC sets 'intent' primary in sexual harassment cases; may renew debate on marital rape

By making a ruling that upholds the rights of women, irrespective of where she is, the Bombay High Court has indicated that it is open to adjudicating controversial cases around violence against women including marital rape

India

SC judgment denying HIV positive rape survivor right to terminate pregnancy overlooks her reproductive autonomy

This week, the Supreme Court declined to permit a Patna-based woman to legally terminate her pregnancy, citing danger to her life. The woman is 26 weeks pregnant, a rape survivor and HIV positive.

India

Bilkis Bano verdict steers away from taking responsibility about sexual violence committed in conflicts

The judgment looks at the rape of Bilkis Bano and the rape of thousands of women during the post-Godhra riots, as a misfortune of communal disharmony, and in this, it normalises the crime of rape as a result of uncontrolled sexual desire, when in reality, rape is about power and subjection.