The Delhi Diaries

In the aftermath of the acquittal of all four defendants in the Belfast Rape Trial, there has been an outcry that the criminal justice system as it currently stands in prosecuting sexual assault and rape cases is failing women. I couldn’t agree more. But in actual fact, it is failing all parties. Can we ever be Sure Beyond all Reasonable Doubt? The standard of proof in a rape case, to prove beyond all reasonable doubt that a party did not consent, or that one party knew, or ought to have known that the person did not consent and continued on recklessly, is almost impossible to meet in circumstances of rape, particularly if there has been alcohol involved. The standard of proof is rightfully high considering that a conviction of rape carries a potential life sentence and non-custodial sentences in rape have proved to be exceptional. Another huge barrier to reaching this threshold is the high evidential requirement of criminal trials. When criminal trials rely so h...

*Update* As of 28 March 2018, all four of the co-accused have been acquitted of all charges. In an ongoing rape trial in Ireland, two Ulster rugby players, Paddy Jackson and Stuart Olding, stand accused of the rape of a woman at an after-party following a night on the town. A third, Blane McIlroy, is accused of indecent exposure whilst the fourth accused, Rory Harrison, is charged with perverting the course of justice. All four deny the charges.  I have been watching as the trial unfolds, namely to gauge Ireland's reaction to sexual assault and rape trials. Historically, Ireland has fallen in to the trap of victim blaming or 'boys will be boys'-ing and I was interested in tracking whether perceptions have changed, especially in light of recent developments and campaigns such as #metoo.  What has shocked me more than the details of the alleged rape itself are the WhatsApp conversations which took place after the alleged rape and which have been entered in t...

It has almost been three decades since the 73rd Constitutional Amendment Act 1992 was passed, which granted 33% reservation for women in Panchayati Raj institutions ( PRI). The move was heralded as “ a watershed in the history of state initiative on political empowerment of rural women”. [1] The rationale for these reservations was to give women a platform to directly participate in decision-making in local self-government from which they historically have been denied. However, as Sudha Pai noted, participation of women in these institutions does not exist in the abstract but is heavily interwoven with ideological and cultural factors where social inequality and oppression are reflected and maintained. [2] In this short article I will argue that reservations for women have not gone far enough to empower women once they enter in to these positions. I will demonstrate that the lack of support for these women in the form of training and education in a strongly patriarchal socie...