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Category: Law and Sexuality

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Misuse of the #MeToo movement and its implications for the idea of agency of women

Any system that works on generalisations is bound to suffer from severe limitations in doing justice in individual cases. The #MeToo movement is no different. I have written earlier about how the #MeToo movement by operating entirely outside the legal justice system is failing to cause any evolution of the mechanisms of justice delivery. Now…
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Why Shashi Tharoor’s private member Bill demanding criminalisation of marital rape is a step in the right direction

RECENTLY, Dr Shashi Tharoor — a senior Congress leader and the Member of Parliament from Thiruvananthapuram — introduced a private member’s Bill No. 255/2018 titled ‘The Women’s Sexual, Reproductive and Menstrual Rights Bill, 2018’ in the Lok Sabha to amend certain legal provisions with the object to “emphasise on the agency of a woman in…
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Transgender #MeToo: Delhi High Court affirms protection under Section 354A, IPC

Even as the Transgender Persons (Protection of Rights) Bill, 2018 passed by the Lok Sabha denies equality to transgender persons in relation to sexual offences, the Delhi High Court has affirmed that Section 354A of the Indian Penal Code, 1860 (IPC) extends protection to victims of sexual harassment, who are transgender. The order in Anamika…
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Regressive, flawed and contrary to rights: The Transgender Persons (Protection of Rights) Bill, 2018 passed by Lok Sabha

Amidst loud protests over Rafale judgment and sparse attendance, the Lok Sabha passed the Transgender Persons (Protection of Rights) Bill, 2018 (“the Bill”) on December 17, 2018. Introduced in August 2016, the Bill was widely criticised for introducing an offensive and archaic definition of transgender persons with expressions like “neither wholly male or wholly female”…
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