Rape Adjudication in India in the Aftermath of Criminal Law Amendment Act, 2013: Findings from Trial Courts of Delhi

Show simple item record

dc.contributor.author Dash, Preeti Pratishruti
dc.date.accessioned 2021-08-04T09:33:45Z
dc.date.available 2021-08-04T09:33:45Z
dc.date.issued 2020-06-04
dc.identifier.uri http://opac.nls.ac.in:8081/xmlui/handle/123456789/713
dc.description.abstract This paper asesses the impact of the Criminal Law Amendment Act, 2013 (CLA-2013) on rape adjudication, by examining 1635 rape judgments from trial courts of Delhi pronounced between 2013 and 2018. Of these, 726 cases were adjudicated under the old law, of which 16.11% resulted in convictions and 909 cases were adjudicated under the CLA-2013, of which 5.72% resulted in convictions. Analysing this data, the paper argues that absence of engagement with criminal justice literature linking mandatory minimum punishments with higher acquittal rates, led to unintended consequences, like reduced convictions under the CLA-2013. The paper also finds similar patterns between nature of rapes and reasons for acquittal under both laws, highlighting that mere legal reform, unaccompanied by governance and social reform, does not yield far-reaching results. The paper concludes by questioning the use of criminal law as a site for feminist reform. en_US
dc.language.iso en en_US
dc.publisher Indian Law Review en_US
dc.relation.ispartofseries Vol.4, No.2;
dc.subject Rape adjudication; sexual violence; mandatory minimum sentences; carceral feminism; governance feminism; unintended consequences; Criminal Law Amendment Act 2013; empirical analysis; Delhi trial courts Introduction en_US
dc.subject Rape adjudication; sexual violence; mandatory minimum sentences; carceral feminism; governance feminism; unintended consequences; Criminal Law Amendment Act 2013; empirical analysis; Delhi trial courts Introduction en_US
dc.title Rape Adjudication in India in the Aftermath of Criminal Law Amendment Act, 2013: Findings from Trial Courts of Delhi en_US
dc.type Article en_US


Files in this item

This item appears in the following Collection(s)

Show simple item record

Search DSpace


Advanced Search

Browse

My Account