Volume 1, Issue 5 by Dr. Pyali Chatterjee
Population Control is one of the major concerns for the entire Nation in the world. And India is ... more Population Control is one of the major concerns for the entire Nation in the world. And India is the second highest country in the world in terms of population after China. To control the population of India, 5-Year Family Planning program was introduced but all this programs was failed as the result was not the desired one which the Government expects. During 1970 to still now we have many reported cases of Sex selective abortion. Most of the sex selective cases were for the elimination of female child. Here comes the confusion that how we can say that those sex selective abortions was a result of discrimination between boy and girl or that was due to the purpose of balancing the family. It is to be mentioned here that in India there is no concept of balancing family which is in US and UK. But one thing which is strange here is that most of us used to get confused with the term Gender Discrimination and Sex selective abortion. Through this research paper, Researcher will try to explain the difference between Gender Discrimination and Sex-Selection. Also, about the importance of Sex selective abortion in controlling the populations which will also in return protect our natural resources.
The Supreme Court of India, In Baby Manji Yamada versus Union of India & Anr. [2008] INSC 1656, p... more The Supreme Court of India, In Baby Manji Yamada versus Union of India & Anr. [2008] INSC 1656, popularly known as Manji Case, declared that Commercial Surrogacy is legal in India. As we know that, India is a developing country and here, most of the peoples are very poor and illiterate. Recently, human trafficking was increase with an uncontrollable rate in the entire world. In addition, making Commercialization of Surrogacy legal had already give birth to a new form of trafficking. Where, illiterate women from poor section is trafficked to run the reproductive industry of the Surrogacy. As we know that the traffickers, they used to trafficked girls/women for prostitution but now after the legalization of Commercial Surrogacy, they will trafficked girl/women for the reproductive industry as a raw material. The Immoral Trafficking Prevention Act (ITPA), 1956 and Sections 366(A) and 372 of the Indian Penal Code, 1860 are the existing laws of India, which deals with human trafficking. However, none of these provisions contains any solution, to deal with this new serious issue of trafficking of women/girls for the purpose of Commercial Surrogacy in reproductive industries. These existing laws as well as the pending draft bill of Assisted Reproductive Technologies (ART) Regulation Bill, 2010 needs an amendment to check this crime against women once again to protect the rights and health of the women.
The relation between missing person and trafficked person was first reported by Sankar Sen and P.... more The relation between missing person and trafficked person was first reported by Sankar Sen and P.M. Nair in their report " A Report on Trafficking in Women and Children in India 2002-2003 ". During my interview with Jagdalpur Legal Aid Group for this research, I found that some where the police officers failed to handle the cases of missing person which was actually a case of trafficking especially in those places where trafficking rate is high. In a recent human trafficking case dealt by JagLag (Jagdalpur Legal Aid Group) where they had rescued three women name Suvita Tati d/o Balsu Tati, Pode Tati d/o Phagnu Tati and Ramdehi Kashyap d/o Lachu Kashyap, age 20, 21 and 23 respectively missing from 28th July, 2014 from village Karli, PS Geedam, District Dantewada, Chattisgrah and when the family members of the missing ladies went to the local police station in Geedam to lodge a complaint on 18.8.2014, the police station in-charge registered only a missing persons complaint and refused to file a FIR. But the police officer finally registered the F.I.R after the interference of JagLag along with the local leader of Aam Aadmi party, Soni Sori. Finally, the ladies were rescued from Indore with the help of a local NGO working there. From this case also we find a strong relationship between both the missing person and trafficking cases. It should be the duty of the police officer to register immediately a cognizable offence by filling a FIR in cases of missing cases. Especially in those areas, where trafficking cases is higher in consideration to other states, in such areas FIR should be registered immediately for a missing person without making any delay. Even Supreme Court has laid down certain guidelines in Writ Petition (Crl.) No. 610/1996 Hori Lal Vs Commissioner of Police, Delhi & Ors Respondents relating to FIR registration of missing girls or women and also the duty of the investing officer in cases of missing person. But from my interview with JagLag I found that either the police officer was unaware of the Supreme Court guidelines for registering a FIR for missing person or there was lack of proper training to deal with the same. From past few years through several researches, it have been found that every trafficking cases is a missing cases, and to combat with such cases NGO can play an important role to rescue the trafficked person. And in areas where the trafficking or missing person rate is high the special police team should be formed to deal with such cases from the first day of complaint. Even NGO can spread awareness through awareness camp among the villagers to protect them from becoming the victim of trafficking.
In a country like India, where everyday people fight for reservation rights and Right to equality... more In a country like India, where everyday people fight for reservation rights and Right to equality under Article 14 and 21 of Indian Constitution, but there is one more right which needs fight or movement to bring this right for every women of India i.e. Abortion Right under Article 21. Indian women were silent regarding their abortion right protected under Article 21. Here in India only married woman were given abortion rights under Medical Termination of Pregnancy of Pregnancy Act, 1971 but that too also under certain conditions which is mentioned under Section 3 of the MTP Act. Explanation 2 of Section 3 of MTP Act says that " Where any pregnancy occurs as a result of failure of any device or method used by any married woman or her husband for the purpose of limiting the number of children, the anguish caused by such unwanted pregnancy may be presumed to constitute a grave injury to the mental health of the pregnant woman ". Now question is why only married woman were given this right and not to the other ladies. Recently when live together was declared legal in India after the decision of Payal Katara – Vs – Superintendent Nari Niketan Kandri Vihar Agra and others, but no amendment is done in MTP Act for including women who get conceived from this relation. In US abortion rights is considered to be as one of the basic rights of the women, after the feminist movement for abortion rights lead by Margaret Sanger and many more. And due to this now women in US were enjoying their rights without any distinction. Even many, International Organization recognized this right to be as one of the basic human rights. In India, abortion was introduced as a Family Planning method and not as a right because of which only married women were allowed to go for abortion and that too only when she conceived due to failure of any contraceptives. So here in India woman don't have any choice for abortion. In India, there is a strong need of feminist movement like in US, so that Indian women can enjoy this right i.e. Right to Abortion. Through this paper researcher will discuss about the violation of right of unmarried women, widow, and divorcee in terms of abortion right.
We all know about the gang rape of 16th December, 2012, Nirbhayarape case, where one of the co-ac... more We all know about the gang rape of 16th December, 2012, Nirbhayarape case, where one of the co-accused was a minor (17 years and 6 months approx).And he was charged and convicted according to Juvenile Justice Act,2000 with three year imprisonments and that also he will served his imprisonments in the juvenile reform house. And now he also gets freed from Juvenile Home as he completed his term. Whereas, the other co-accused were sentenced to death. And according to police charge sheet the minor was the most brutal person among the co-accused at the time of the commission of this heinous crime. But the punishment which he received for this crime was not justified according to the crime which he was committed against the women of the world and also against the mankind. Even in the report of The Justice Verma Committee, which was formed at that time for the recommendation of criminal law amendment in cases of sexual assault cases, refused to reduce the age of the minor from 18 to 16. Many protestor, activist, social worker demanded that the age of the minor should be reduced to 16.Thats why, am choosing this topic for my research, so that the age of the minor under Juvenile Justice Act, 2000 in India should be reduced to 16 from 18 in case of a commission of the crime which is in itself is heinous in nature. With change of time law should be changed. Those who commits crime for fun and has the capacity to understand the nature of offence then in that case he should not be treated like a minor. As, it will not be effective to control the crime committed by the Juveniles. Also, this will not create any fear among the others which is necessary as per the deterrent theory.
In India, Pregnancy can be terminated till 20 weeks under Medical Termination of Pregnancy Act, 1... more In India, Pregnancy can be terminated till 20 weeks under Medical Termination of Pregnancy Act, 1971. After that, either one has to go for illegal abortion or forcefully have to bear the child. Niketa Mehta case is one of the best example to cite and discuss about the plight of the women in India where women has the right of abortion but with a limitation and this limitation has caused not only serious social, legal but as well as reproductive health issue in women especially about their right for safe abortion. In most of the cases of pregnancy it is found that any abnormality relating to foetus is visible after 18 weeks. And there is some test like Triple Marker Test which is conducted during 15 to 20 weeks of pregnancy to find any genetic abnormality of foetus and not before that and moreover it is only after 20 weeks of pregnancy when abnormality is visible. Many times medically it is not possible to treat the foetus, and then in that case abortion is the way to terminate the pregnancy not only for the benefit of the foetus but for the family and society. And in such case if the mother is forced to carry the foetus then she will be not only affected psychologically and but also likely to face severe health complication due to this in future. My paper will focus on the reproductive health issue of the woman where abortion is required as a protective measure for her health and for the wellbeing of her and her family.
Article 21 of Indian Constitution grants Right to life only. According to Article 21 says, " No p... more Article 21 of Indian Constitution grants Right to life only. According to Article 21 says, " No person shall be deprived of his life or personal liberty except according to procedure establishedby law ". Right life under Article 21 does not include Right to die. Right to life is a natural right. The question regarding Right to die first time comes before Bombay High Court in State of Maharashtra v. Maruty Sripati Dubal, 1987 Cri LJ 743. And here in this case court declared that Right to Life includes Right to die, thus making Section 309 of Indian Penal Code, 1860 which makes attempt to suicide as punishable offence unconstitutional. But Supreme Court in Gian Kaur v. State of Punjab (1996)2 SCC 648, held that Right to life does not include " Right to die " or " Right to be killed ". Right to life is a natural right and right to die is not a natural right and no one has a right to finish their life in unnatural way. It was only after the case of Aruna Ramchandra Shanbaug versus Union of India (2011) 4 SCC 454, Supreme Court in its judgment declared that Passive Euthanasia is legal in India. Here my question is whether Right to life with dignity includes Right to life with dignity. If the answer is Yes then why a cancer patients who were already in their last stage has to suffer lots till their death. In such cases active euthanasia is the only option, getting relief from the pain of cancer. A person who is already bedridden and is dependent on other for each and everything in that case how can we say that he is living with his dignity? In cancer (last stage), most of the patients died in pathetic conditions, where neither they can bear the pain of the diseases nor their family can watch their loved one in such an intolerable pain for such a long time. In such cases death with dignity is last option for the family members as well as for the patients to finally get relived from the ultimate pain. There is a need of Active Euthanasia for such patients. Lastly, judgment of Aruna Ramchandra Shanbaug versus Union of India should be reviewed once again and medical committee should be formed to find out the cases where active euthanasia will be the ultimate option for the patients to die with dignity and without tolerant any pain.
Conference Presentations by Dr. Pyali Chatterjee
In a country like India, where on one side, women are worshipped as Goddesses in temples and on t... more In a country like India, where on one side, women are worshipped as Goddesses in temples and on the other side women are raped, humiliated in every corner of the society. Among all crimes against women, RAPE is considered to be one of the heinous crimes. In one of the cases, Bodhisattwa Gautam v. Subhra Chakraborty (1996) 1SCC 490, the Supreme Court of India said that rape is a crime not only against a woman but against the entire society. Further, it also stated that " Rape is thus not only a crime against the person of a woman (victim), it is a crime against the entire society. It destroys the entire psychology of a woman and pushes her into deep emotional crisis. It is only by her sheer will-power that she rehabilitates herself in the society which, on coming to know of the rape, looks down upon her in derision and contempt. Rape is, therefore, the most hated crime. It is a crime against basic human rights and is also violative of the victim's most cherished of the Fundamental Rights, namely, the Right to Life contained in Article 21. To many feminists and psychiatrists, rape is less a sexual offence than an act of aggression aimed at degrading and humiliating women. The rape laws do not, unfortunately, take care of the social aspect of the matter and are inept in many respects. " Even though in many judgments, the Supreme Court has expressed similar view for rape but when the question comes regarding marital rape, even the highest Judiciary and the Constitution not only fails to consider the gravity of the marital rape but also violates one of the essential and vital rights of the women i.e. Right to Dignity and Right to Privacy by making bias law against married and unmarried women. Through this paper, researcher will discuss about the gravity of marital rape and its need for inclusion in the penal laws.
Papers by Dr. Pyali Chatterjee
Springer eBooks, Dec 31, 2022
International journal of women's health and reproduction sciences, Dec 27, 2023
Evropejskij IssledovatelĘą, Nov 5, 2014
IGI Global eBooks, Oct 14, 2022
Fiat Iustitia, 2017
We all know about the gang rape of 16th December, 2012, Nirbhayarape case, where one of the co-ac... more We all know about the gang rape of 16th December, 2012, Nirbhayarape case, where one of the co-accused was a minor (17 years and 6 months approx).And he was charged and convicted according to Juvenile Justice Act,2000 with three year imprisonments and that also he will served his imprisonments in the juvenile reform house. And now he also gets freed from Juvenile Home as he completed his term. Whereas, the other co-accused were sentenced to death. And according to police charge sheet the minor was the most brutal person among the co-accused at the time of the commission of this heinous crime. But the punishment which he received for this crime was not justified according to the crime which he was committed against the women of the world and also against the mankind. Even in the report of The Justice Verma Committee, which was formed at that time for the recommendation of criminal law amendment in cases of sexual assault cases, refused to reduce the age of the minor from 18 to 16. Many protestor, activist, social worker demanded that the age of the minor should be reduced to 16.Thats why, am choosing this topic for my research, so that the age of the minor under Juvenile Justice Act, 2000 in India should be reduced to 16 from 18 in case of a commission of the crime which is in itself is heinous in nature. With change of time law should be changed. Those who commits crime for fun and has the capacity to understand the nature of offence then in that case he should not be treated like a minor. As, it will not be effective to control the crime committed by the Juveniles. Also, this will not create any fear among the others which is necessary as per the deterrent theory.
Fiat Iustitia, May 17, 2018
In a country like India, where on one side, women are worshipped as Goddesses in temples and on t... more In a country like India, where on one side, women are worshipped as Goddesses in temples and on the other side women are raped, humiliated in every corner of the society. Among all crimes against women, RAPE is considered to be one of the heinous crimes. In one of the cases, Bodhisattwa Gautam v. Subhra Chakraborty (1996) 1SCC 490, the Supreme Court of India said that rape is a crime not only against a woman but against the entire society. Further, it also stated that “Rape is thus not only a crime against the person of a woman (victim), it is a crime against the entire society. It destroys the entire psychology of a woman and pushes her into deep emotional crisis. It is only by her sheer will-power that she rehabilitates herself in the society which, on coming to know of the rape, looks down upon her in derision and contempt. Rape is, therefore, the most hated crime. It is a crime against basic human rights and is also violative of the victim’s most cherished of the Fundamental Rights, namely, the Right to Life contained in Article 21. To many feminists and psychiatrists, rape is less a sexual offence than an act of aggression aimed at degrading and humiliating women. The rape laws do not, unfortunately, take care of the social aspect of the matter and are inept in many respects.” Even though in many judgments, the Supreme Court has expressed similar view for rape but when the question comes regarding marital rape, even the highest Judiciary and the Constitution not only fails to consider the gravity of the marital rape but also violates one of the essential and vital rights of the women i.e. Right to Dignity and Right to Privacy by making bias law against married and unmarried women. Through this paper, researcher will discuss about the gravity of marital rape and its need for inclusion in the penal laws.
DOAJ (DOAJ: Directory of Open Access Journals), Oct 1, 2014
The Supreme Court of India, In Baby Manji Yamada versus Union of India & Anr. [2008] INSC... more The Supreme Court of India, In Baby Manji Yamada versus Union of India & Anr. [2008] INSC 1656, popularly known as Manji Case, declared that Commercial Surrogacy is legal in India. As we know that, India is a developing country and here, most of the peoples are very poor and illiterate. Recently, human trafficking was increase with an uncontrollable rate in the entire world. In addition, making Commercialization of Surrogacy legal had already give birth to a new form of trafficking. Where, illiterate women from poor section is trafficked to run the reproductive industry of the Surrogacy. As we know that the traffickers, they used to trafficked girls/women for prostitution but now after the legalization of Commercial Surrogacy, they will trafficked girl/women for the reproductive industry as a raw material. The Immoral Trafficking Prevention Act (ITPA), 1956 and Sections 366(A) and 372 of the Indian Penal Code, 1860 are the existing laws of India, which deals with human trafficking. However, none of these provisions contains any solution, to deal with this new serious issue of trafficking of women/girls for the purpose of Commercial Surrogacy in reproductive industries. These existing laws as well as the pending draft bill of Assisted Reproductive Technologies (ART) Regulation Bill, 2010 needs an amendment to check this crime against women once again to protect the rights and health of the women.
Journal of Indian Academy of Forensic Medicine
Necrophilia, the act of engaging in sexual activity with a dead body, represents a disturbing and... more Necrophilia, the act of engaging in sexual activity with a dead body, represents a disturbing and rare form of paraphilia. This research paper explores the historical origins, psychological aspects, and legal dimensions of necrophilia, focusing on its classification into different classes based on intent and actions. Through the analysis of numerous case studies from various regions, the motivations behind such acts are examined, ranging from psychological disorders to revenge and sadism. The paper emphasises the need for specialised diagnosis and treatment, as necrophilia can manifest in different ways, from accidental tactile arousal during medical dissections to deliberate mutilation of corpses. Distinguishing between necrophilia as a psychological issue and as a criminal act is crucial, necessitating the involvement of both criminological and psychological expertise in handling such cases. To ascertain whether necrophilia should be considered a crime or a psychological disorder,...
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Volume 1, Issue 5 by Dr. Pyali Chatterjee
Conference Presentations by Dr. Pyali Chatterjee
Papers by Dr. Pyali Chatterjee