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    Parth Tiwari
    - The document is a research paper submitted by A​ nmol Mahajan to Dr. Sharanjit Kaur exploring regressive pathways followed by High Courts that weaken gender justice. - The paper analyzes a recent case where the Karnataka High Court granted anticipatory bail to an accused rapist citing stereotypical notions and rape myths. - The paper aims to understand how lapses in the justice system undermine the integrity of High Courts and crack the higher judicial system by allowing patriarchal elements.

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    Rough Draft

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    Parth Tiwari
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    - The document is a research paper submitted by A​ nmol Mahajan to Dr. Sharanjit Kaur exploring regressive pathways followed by High Courts that weaken gender justice. - The paper analyzes a recent case where the Karnataka High Court granted anticipatory bail to an accused rapist citing stereotypical notions and rape myths. - The paper aims to understand how lapses in the justice system undermine the integrity of High Courts and crack the higher judicial system by allowing patriarchal elements.

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    18204 - Rough Draft

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    - The document is a research paper submitted by A​ nmol Mahajan to Dr. Sharanjit Kaur exploring regressive pathways followed by High Courts that weaken gender justice. - The paper analyzes a recent case where the Karnataka High Court granted anticipatory bail to an accused rapist citing stereotypical notions and rape myths. - The paper aims to understand how lapses in the justice system undermine the integrity of High Courts and crack the higher judicial system by allowing patriarchal elements.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    50 views2 pages

    Rough Draft

    Uploaded by

    Parth Tiwari
    - The document is a research paper submitted by A​ nmol Mahajan to Dr. Sharanjit Kaur exploring regressive pathways followed by High Courts that weaken gender justice. - The paper analyzes a recent case where the Karnataka High Court granted anticipatory bail to an accused rapist citing stereotypical notions and rape myths. - The paper aims to understand how lapses in the justice system undermine the integrity of High Courts and crack the higher judicial system by allowing patriarchal elements.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    Name - A​ nmol Mahajan

    Group​ - 34
    Roll No.​ - 18204
    Main topic​ - Changing scope and dimensions of Criminal Law.
    Sub Topic​ - Regressive pathways followed by the High Courts - weakening the
    foundations of Gender Justice.
    Submitted to​ - Dr. Sharanjit Kaur

    Research Methodology - Lawyers, judges and jurists have widely been using doctrinal
    research as a systematic means of legal reasoning since the nineteenth century.
    Doctrinal research is therefore established as the traditional genre of research in the
    legal field. Also known as theory-testing or knowledge- building research in legal
    academia, it deals with studying existing laws, related cases and authoritative materials
    analytically on some specific matter. With its jurisprudential base on positivism, doctrinal
    legal research is ‘research in law’ rather than ‘research about law.’

    Research Paper referred - ​Spalek, Basia. "Gender, Crime, and Criminal Justice." In C
    ​ ommunities, 
    Identities and Crime​, 105-30. Bristol: Bristol University Press, 2008. Accessed August 22, 2020. 
    doi:10.2307/j.ctt9qgkfp.9. 
     
    Available on - JSTOR 

    Abstract

    Gender Justice is one of the basic considerations a judge has to keep in mind
    while pronouncing judgments relating specifically to Criminal Law. In a country
    like India where crimes against women are rampant, the only hope that the
    women of our country have is from the courts. And when the courts take a
    regressive turn, the horrors of the victims are unspeakable.

    On June 22, the Karnataka High Court speaking through Hon’ble Mr. Justice
    Krishna Dixit granted anticipatory bail to one Mr. Rakesh B, who was accused of
    raping a woman on the false promise of marriage. M. Rakesh B. had moved the
    High Court under Section 438, Cr.P.C. for advance bail on being accused of
    committing offences under Section 376, 420, 506 IPC and Section 66-B IT Act.

    In the bail order, the court recorded a range of stereotypical notions and rape
    myths and cited them as ‘reasons’ for granting the accused bail. The court
    observed that it is ‘unbecoming of an Indian woman’ to fall asleep after having
    been ‘ravished’. Further, the court commented that the victim went to the office
    late at night and did not object to having drinks with the accused.

    It is judgments like this will question the integrity of the High Courts when it
    comes to gender justice. It is imperative for us to understand that any lapse in the
    justice system will be considered as a crack in the entire higher judicial system. It
    is essential to lead out the patriarchal element out of the judicial system.

    Five key points of the paper and Concept Line


    1. Analysis of institutionalized patriarchy is being done keeping in mind the recent
    uncalled developments where the patriarchal cracks were widely visible in the
    Higher Judiciary.
    2. The victim’s plight when the criminal justice system accuses her/him back.
    3. Sensitizing judges about gender equality and why is it essential.
    4. How systemic patriarchy effects everyone involved in the Criminal Justice
    System.
    5. Suggestions to curb this ‘pandemic’ in the Higher Judiciary.

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