Jus Dicere Center of Research in Law assists in the generation of new ideas to enrich the knowledge base that supports the policy agenda of the legal community and views of the judicial fraternity. It is a platform that includes and tries to collate publication, training, forms of knowledge-transfer and the development of knowledge tools. To maximize the impact of its research, it has a team of researchers with excellent academic credentials and superior research and policy-making experience. At Jus Dicere Center of Research in Law, we carry out activities that benefit the academic community and purify opinions of individuals.

 

Research Project – Completed

LGBT Rights: The Seemingly Insurmountable Hurdle of S. 377 I.P.C.

S.377 I.P.C. criminalizes homosexuality and makes it almost impossible for people to openly state their sexual orientation if they happen to belong to LGBQT community. Imported from Victorian England, inspired by the religious ethos and put in the statute books by Macaulay—a true British politician who really knew what “against the order of nature” meant, this section was destined to shine in the bad light one day. This paper traces the history of the section, deals with its evolution along with referring the case laws that helped it shape into the behemoth it has become today. This research paper argues for amendment of the section to remove the part that criminalizes homosexuality rather than its complete removal from I.P.C. Primary Research conducted for the sake of this research paper also points out that only decriminalizing homosexuality won’t help in achieving the goal of equality laid down in the constitution. For fulfilling the constitutional mandate, the court will have to legalize the same-sex marriage too. The fault isn’t only in our laws and statue books, the blame shouldn’t entirely be heaped on the head of law-makers. We, collectively as a society, are also responsible. Our archaic thinking and support for the ancient politicians when they spout nonsense such as “homosexuality is a disease” is also one of the many reasons why we find men and women being rounded up and beaten on the suspicions of being gay and lesbians. This paper rationally argues and explains why religion, conservative thinking, and backward social behavior can’t be accepted as the raison d’être for homophobia.

Research Team – Ms. Vageesha Sushan, Ms. Diksha Kashaudhan & Mr. Abhay Kumar

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Research Project – Ongoing

Akhila aka Hadiya: The Invasion of Love Jihad

The world is changing and with it is changing the very basic fiber of religion, ideology and individualism.

Hadiya aka Akhila Ashokan embraced Islam and then married a Muslim man. There wasn’t anything newsworthy about this happenstance. What was worth reporting was that a father filed a case in which he alleged that his daughter had been ‘brainwashed’ into converting. Now this word ‘brainwashed’, it makes some educated citizens of our country very mad. They get enraged when they hear this word being used in a female context, for they believe that it is degrading and indicative that a woman doesn’t have the right to take her decisions or that her brain is so feeble that she gets easily manipulated. For all those educated ‘netizens’, calm your horses!

When Hadiya’s case exploded on the national news, partisanism raised its ugly head once more and what we got was a mess of allegations, lies and vehement avowal of an individual that she’d embraced her new religion out of her own free will, not to mention all those so called experts lining their pockets with money by appearing continuously on cable TV. ‘Love Jihad’ is a hoax for some, conspiracy for many. Either it’s the right-wing, staunch Hindu faction’s propaganda tool, or it’s a sinister plot conceived by right-wing Muslim political faction to lure Hindu girls into their fold.

There are so many actors in this whole story.

Hadiya, the aggrieved young woman who’s not being allowed to live with the man she married out of her free will is the heroine. Shafin Jahan, the husband who only wants to live with his wife is the swashbuckling hero who’s ready to take heroine’s villainous father to any court of the land to free her from his clutches. Sainaba who acted as Hadiya’s guardian, a woman who’s alleged in various cases of forced conversions is apparently the fairy godmother of our heroine. PFI who’ve apparently spent about 1 crore rupees on Hadiya’s plight is the hero’s trusted, filthy rich side-kick. K.M Ashokan, the father who’s knocked the doors of so many courts to make sense of how his daughter drifted so far away from him, the man who has suspicions that our hero will whisk the heroine away to the land of strife, Syria; the man who because of Court’s order has made it impossible for her to meet her beloved is the villain.

All these actors, they’ve something to gain and hence their truths often don’t feel like truths, as tinged they are with motives. But what you have got to agree on is that this is a modern day fairy tale. Forget Cinderella, Snow White. We have our own princess in need of protection—the poor princess Hadiya. This paper chronicles the journey of Akhila to being Hadiya, marrying Shafin and the exact point when this whole thing blew up too out of proportion.

It details the plight of various women who were made to fall in love with men of a certain religion and then used like pawns in the ongoing war of terrorism which in no way is indicative that these women weren’t consenting adults and they lacked the faculties of taking the right decision. Decision of a person when based on partial facts or outright lies isn’t informed decision, is it, even when the said person happens to be an adult?

We haven’t force fed you a conclusion at the end of this paper. You are free to form an opinion after you read it whole.

In your case, it would be informed opinion.

Research Team – Ms. Vageesha Sushan, Ms. Diksha Kashaudhan & Mr. Abhay Kumar

Full Report Launching on April 21, 2018