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...

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...

*This article originally appeared on the 'Why I March' section of the  Abortion Rights Campaign  in 2013. I am deeply indebted to Lauren Howells, for her patience in editing this piece and for taking up the Repeal mantle in England on behalf of Irish women.* *As of  25 May 2018, the Irish people voted by referendum to repeal the 8th Amendment from the Irish Constitution. On 18 September 2018 following signature by the President, the 8th Amendment was officially repealed.* In a Paris bar, a French friend asks me: “What does it mean, ‘Repeal’?” He has clearly seen my profile photo on Facebook, with the bold, white REPEAL emblazoned across my chest. And in my Irish-centricity, I realise that this could mean anything to a foreigner. So I start with the basics: the Irish Constitution, the 8th Amendment. I explain that according to the Constitution, the right to life of the unborn carries equal weight to the right to life of the mother. He nods. I explain th...

Part of our Experiential Learning Module (ELM) involved us learning to conduct field research. Considering that our ELM team consists of a law, psychology and media & communications’ graduate, none of us were very well versed with the ins and outs of field research when we first began. Over the last six months, we’ve experimented, adapted, erred, cried and finally (at least we feel) have reached a stage where we feel like we have gotten our heads around the field research process. Here is a rough road map for how to chart out preparing for your field research should you find yourself doing it for the first time. 1. Identify the Sample Area One very important piece of advice that was given to us is to immediately identify the area in which you are conducting the study. You should make the decision whether you want a large area of study or a narrower scope. This will depend on how much time you have to complete the project and how much you are facilitated to travel to these...

*As of 6 September 2018, the section which criminalised  certain forms of sex between consenting adults has been struck down by the Indian Supreme Court. You can read the full judgment  here .* 12 November 2017 marked the celebration of the 10 th Delhi Queer Pride festival, where thousands took to the streets to march, dance and - protest. No matter what country I am in, I always make it a point to support pride festivities. I’ve joined processions in Paris and Dublin which have grown to be huge events, usually with specially designed floats blaring music as is the case in Paris, or an entire community-activity day that takes place in Dublin. Both countries also have voted in same-sex marriage, which has been a significant development in the acceptance of LGBTQ relationships. Although the march didn’t have the same structure as prior pride events, the ambiance was no less jubilant and the excitement infectious. People of all genders, classes and creeds came together i...