I am a human rights legal researcher based in Bangalore, India, with 15 years of experience. My areas of interest are juvenile justice, child protection laws, rights of persons with disabilities, and restorative justice.
This analysis is based 1715 judgments decided between 2016 and 2020 by Special Courts in Assam, M... more This analysis is based 1715 judgments decided between 2016 and 2020 by Special Courts in Assam, Maharashtra, and West Bengal, that entailed an express reference to a romantic relationship between the victim and the accused. The report unpacks the manner in which “romantic” cases enter the criminal justice system, the profile of informants and “victims”, nature of charges applied in such cases, and the trends in testimony of the “victims” and its correlation with the outcomes. The analysis also focuses on the diverse approaches taken by the Special Courts in such cases, particularly their views on “consent” by minors.
Implication of the POCSO Act in India on Adolescent Sexuality: A Policy Brief, 2022
The criminalisation of adolescents and young people and their entanglement in the criminal justic... more The criminalisation of adolescents and young people and their entanglement in the criminal justice and juvenile justice systems necessitates a review of the existing legislative framework. This policy brief unpacks the implications of 18 years as the age of consent on adolescents’ rights under domestic law and international human rights law, and proposes a policy alternative that advances rights and strikes a balance between their protection and evolving autonomy.
Public discourse and policy on universalisation of education has primarily focussed on improving ... more Public discourse and policy on universalisation of education has primarily focussed on improving access to schools, and ensuring retention and participation of children in schools. The Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) and flagship programmes of Sarva Shiksha Abhiyan (SSA) mainly focus on providing right to education by guaranteeing admission in government/neighbourhood schools and right to schools with prescribed infrastructure and teachers. However, the RTE Act and SSA give scant attention to rights within education. However, provisions related to protecting children’s rights within schools and ensuring that schools become safe spaces can be found in various other legislation, government notifications, programmes, and schemes formulated by central and state governments. In this article, we discuss these provisions and present what we know is happening in practice. Provisions and Implementation Legislations pertaining to children address corpora...
The International Journal of Children’s Rights, 2019
This article examines whether international human rights law (ihrl) allows States to make excepti... more This article examines whether international human rights law (ihrl) allows States to make exceptions based on the serious nature of the crime alleged and the age of a child accused of an offence. It specifically analyses the compatibility with ihrl of India’s Juvenile Justice (Care and Protection of Children) Act, 2015, which allows children 16 or above and accused of heinous offences to be tried as adults. The central argument is that trial and punishment of children as adults, for any offence, violates the right to non-discrimination recognised under ihrl as well as the principle of best interest, reintegration objective of juvenile justice and rights of juveniles provided in the UN Convention on Rights of the Child, 1989 and other international instruments.
During 2016-18, the issue of child safety in urban, private schools received significant media at... more During 2016-18, the issue of child safety in urban, private schools received significant media attention and resulted in protests from parents in Bengaluru. Responding to the instances of physical and sexual violence against children, the Karnataka state administration issued a range of policy measures, including mandatory use of surveillance devices in private schools. This paper examines the ways in which schools are increasingly being perceived as sites of violence and the different meanings the discourse of safety acquires in educational policy. Narratives of child sexual abuse in urban schools in Bengaluru are examined by reviewing four threads: rise of urban middle classes, the emergence and formation of narratives on child safety in schools through media, surveillance as a safety measure and potential and limits of state action. The paper concludes by suggesting the need to undertake additional research in the role of media in reporting school violence; the connections betwee...
Juvenile Justice Law in India: A Critical Study, edited by D.P.Verma & Shruti Jane Eusebius, 2020
Considering India’s rich jurisprudence of juvenile justice, children’s amenability to reform, as ... more Considering India’s rich jurisprudence of juvenile justice, children’s amenability to reform, as well as the need for addressing victim’s needs and holding children accountable, this Chapter examines the possibility of application of Restorative Justice (RJ) processes within India’s Juvenile Justice system. It explains the concept of RJ, highlights international standards relevant to its practice, and presents research findings on its effectiveness in other jurisdictions on aspects such as victim satisfaction and reduction of recidivism. The Chapter examines compatibility of RJ practices with the philosophy and objectives of juvenile justice and general principles under the JJ Act, 2015 and provides a roadmap for its incorporation within the JJ system in consonance with the legal framework.
The governmental response to incidents of sexual violence has primarily
been to amend penal laws ... more The governmental response to incidents of sexual violence has primarily been to amend penal laws to enhance punishment. The assumption that the criminal justice system is effectively responding to and dealing with sexual offences against children needs to be scrutinized based on qualitative reviews. This article highlights implementation gaps based on stakeholder interviews and analysis of 2788 judgments of Special Courts in Andhra Pradesh, Assam, Delhi, Maharashtra and Karnataka by the Centre for Child and the Law at the National Law School of India University, Bangalore (CCL-NLSIU). The central argument is that efforts need to be intensified for strengthening the implementation of the POCSO Act and that enhancement of punishment will have a counterproductive effect on the reporting and trials of child sexual abuse.
This article examines whether international human rights law (ihrl) allows States to make excepti... more This article examines whether international human rights law (ihrl) allows States to make exceptions based on the serious nature of the crime alleged and the age of a child accused of an offence. It specifically analyses the compatibility with ihrl of India's Juvenile Justice (Care and Protection of Children) Act, 2015, which allows children 16 or above and accused of heinous offences to be tried as adults. The central argument is that trial and punishment of children as adults, for any offence, violates the right to non-discrimination recognised under ihrl as well as the principle of best interest, reintegration objective of juvenile justice and rights of juveniles provided in the UN Convention on Rights of the Child, 1989 and other international instruments.
Implementation of the POCSO Act, 2012 by SpecIal Courts: Challenges and Issues, 2018
This Chapters analyses the extent to which Special Courts in India under the Protection of Childr... more This Chapters analyses the extent to which Special Courts in India under the Protection of Children from Sexual Offences Act, 2012 are compliant with structural standards. It is based on field visits to courtrooms in two districts each in five States in India that was carried out by a team of legal researchers at the Centre for Child and the Law, National Law School of India University, Bangalore.
Implementation of the POCSO Act, 2012 by SpecIal Courts: Challenges and Issues, 2018
This Chapter examines the extent to which Special Courts under the POCSO Act, 2012 are compliant ... more This Chapter examines the extent to which Special Courts under the POCSO Act, 2012 are compliant with the child-friendly procedures. It is based on analysis of 2788 judgments, as well as interviews of judges, police, NGOs, prosecutors, etc. in five States, undertaken by a team of researchers at the Centre for Child and the Law, National Law School of India University, Bangalore.
Implementation of the POCSO Act, 2012 by SpecIal Courts: Challenges and Issues, 2018
This Chapter examines the challenges that Special Courts in India under the Protection of Childre... more This Chapter examines the challenges that Special Courts in India under the Protection of Children from Sexual Offences Act, 2012 have faced while determining the age of the child victim. It is based on analysis of 2788 judgments, as well as interviews of judges, police, NGOs, prosecutors, etc. in five States, undertaken by a team of researchers at the Centre for Child and the Law, National Law School of India University, Bangalore.
The Indian legislative framework related to disability has been significantly transformed after t... more The Indian legislative framework related to disability has been significantly transformed after the enactment of the Rights of Persons with Disabilities Act, 2017 (RPD Act) and the Mental Healthcare Act, 2017 (MH Act). The RPD Act adopt a “twin track” approach by incorporating specific provisions for women with disability while also addressing their vulnerabilities in the context of discrimination, social security, healthcare, and sex- ual offences. This article unpacks the rights of women with disabilities (WWD) to equality and non-discrimination and all its dimensions. It examines the extent to which the legislations recognize multiple and intersecting discrimination that WWD experience, as well as horizontal discrimination, and identifies legal provisions that can potentially facilitate de facto equality for WWD. It analyzes the extent of compliance with the guaran- tees relevant to WWD under the UN Convention on the Rights of Persons with Disabilities, 2008 (‘UNCPRD’).
Although research has established the vulnerability of WWD to violence, it is argued that the RPD Act and the MH Act do not expressly consider the gender-based aspect of violence. The article explains the procedural safeguards for victims with dis- ability in legislations relevant to sexual offences such as the Protection of Children from Sexual Offences Act, 2012 and the Code of Criminal Procedure, 1973. It also examines the coverage of reproductive rights of WWD under the UNCPRD and domestic laws and their treatment of forced sterilizations. Finally, it outlines the possibilities and limitations of the Indian legal framework in advancing the rights of WWDs.
Essays on Commissions for Protection of Child Rights Act in India, 2018
This Chapter examines the Commissions for Protection of Child Rights Act, 2005 in lights of the P... more This Chapter examines the Commissions for Protection of Child Rights Act, 2005 in lights of the Paris Principles and other international standards governing National Human Rights Institutions.
Essays on Commissions for Protection of Child Rights in India, 2018
This Chapter contrasts the legal framework relevant to the Commission for Protection of Child Rig... more This Chapter contrasts the legal framework relevant to the Commission for Protection of Child Rights and other human rights institutions in India. In particular, it examines whether multiple human rights institutions are more effective than one.
This article raises two fundamental questions with regard to the role of state
vis-à-vis human r... more This article raises two fundamental questions with regard to the role of state vis-à-vis human rights institutions for children. First, why does the state constitute these bodies if there is lack of commitment to ensure their effective functioning? Second, how significant are the recent strides made in legislation on child rights if the institutions meant to implement and monitor them are not in place?
This analysis is based 1715 judgments decided between 2016 and 2020 by Special Courts in Assam, M... more This analysis is based 1715 judgments decided between 2016 and 2020 by Special Courts in Assam, Maharashtra, and West Bengal, that entailed an express reference to a romantic relationship between the victim and the accused. The report unpacks the manner in which “romantic” cases enter the criminal justice system, the profile of informants and “victims”, nature of charges applied in such cases, and the trends in testimony of the “victims” and its correlation with the outcomes. The analysis also focuses on the diverse approaches taken by the Special Courts in such cases, particularly their views on “consent” by minors.
Implication of the POCSO Act in India on Adolescent Sexuality: A Policy Brief, 2022
The criminalisation of adolescents and young people and their entanglement in the criminal justic... more The criminalisation of adolescents and young people and their entanglement in the criminal justice and juvenile justice systems necessitates a review of the existing legislative framework. This policy brief unpacks the implications of 18 years as the age of consent on adolescents’ rights under domestic law and international human rights law, and proposes a policy alternative that advances rights and strikes a balance between their protection and evolving autonomy.
Public discourse and policy on universalisation of education has primarily focussed on improving ... more Public discourse and policy on universalisation of education has primarily focussed on improving access to schools, and ensuring retention and participation of children in schools. The Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) and flagship programmes of Sarva Shiksha Abhiyan (SSA) mainly focus on providing right to education by guaranteeing admission in government/neighbourhood schools and right to schools with prescribed infrastructure and teachers. However, the RTE Act and SSA give scant attention to rights within education. However, provisions related to protecting children’s rights within schools and ensuring that schools become safe spaces can be found in various other legislation, government notifications, programmes, and schemes formulated by central and state governments. In this article, we discuss these provisions and present what we know is happening in practice. Provisions and Implementation Legislations pertaining to children address corpora...
The International Journal of Children’s Rights, 2019
This article examines whether international human rights law (ihrl) allows States to make excepti... more This article examines whether international human rights law (ihrl) allows States to make exceptions based on the serious nature of the crime alleged and the age of a child accused of an offence. It specifically analyses the compatibility with ihrl of India’s Juvenile Justice (Care and Protection of Children) Act, 2015, which allows children 16 or above and accused of heinous offences to be tried as adults. The central argument is that trial and punishment of children as adults, for any offence, violates the right to non-discrimination recognised under ihrl as well as the principle of best interest, reintegration objective of juvenile justice and rights of juveniles provided in the UN Convention on Rights of the Child, 1989 and other international instruments.
During 2016-18, the issue of child safety in urban, private schools received significant media at... more During 2016-18, the issue of child safety in urban, private schools received significant media attention and resulted in protests from parents in Bengaluru. Responding to the instances of physical and sexual violence against children, the Karnataka state administration issued a range of policy measures, including mandatory use of surveillance devices in private schools. This paper examines the ways in which schools are increasingly being perceived as sites of violence and the different meanings the discourse of safety acquires in educational policy. Narratives of child sexual abuse in urban schools in Bengaluru are examined by reviewing four threads: rise of urban middle classes, the emergence and formation of narratives on child safety in schools through media, surveillance as a safety measure and potential and limits of state action. The paper concludes by suggesting the need to undertake additional research in the role of media in reporting school violence; the connections betwee...
Juvenile Justice Law in India: A Critical Study, edited by D.P.Verma & Shruti Jane Eusebius, 2020
Considering India’s rich jurisprudence of juvenile justice, children’s amenability to reform, as ... more Considering India’s rich jurisprudence of juvenile justice, children’s amenability to reform, as well as the need for addressing victim’s needs and holding children accountable, this Chapter examines the possibility of application of Restorative Justice (RJ) processes within India’s Juvenile Justice system. It explains the concept of RJ, highlights international standards relevant to its practice, and presents research findings on its effectiveness in other jurisdictions on aspects such as victim satisfaction and reduction of recidivism. The Chapter examines compatibility of RJ practices with the philosophy and objectives of juvenile justice and general principles under the JJ Act, 2015 and provides a roadmap for its incorporation within the JJ system in consonance with the legal framework.
The governmental response to incidents of sexual violence has primarily
been to amend penal laws ... more The governmental response to incidents of sexual violence has primarily been to amend penal laws to enhance punishment. The assumption that the criminal justice system is effectively responding to and dealing with sexual offences against children needs to be scrutinized based on qualitative reviews. This article highlights implementation gaps based on stakeholder interviews and analysis of 2788 judgments of Special Courts in Andhra Pradesh, Assam, Delhi, Maharashtra and Karnataka by the Centre for Child and the Law at the National Law School of India University, Bangalore (CCL-NLSIU). The central argument is that efforts need to be intensified for strengthening the implementation of the POCSO Act and that enhancement of punishment will have a counterproductive effect on the reporting and trials of child sexual abuse.
This article examines whether international human rights law (ihrl) allows States to make excepti... more This article examines whether international human rights law (ihrl) allows States to make exceptions based on the serious nature of the crime alleged and the age of a child accused of an offence. It specifically analyses the compatibility with ihrl of India's Juvenile Justice (Care and Protection of Children) Act, 2015, which allows children 16 or above and accused of heinous offences to be tried as adults. The central argument is that trial and punishment of children as adults, for any offence, violates the right to non-discrimination recognised under ihrl as well as the principle of best interest, reintegration objective of juvenile justice and rights of juveniles provided in the UN Convention on Rights of the Child, 1989 and other international instruments.
Implementation of the POCSO Act, 2012 by SpecIal Courts: Challenges and Issues, 2018
This Chapters analyses the extent to which Special Courts in India under the Protection of Childr... more This Chapters analyses the extent to which Special Courts in India under the Protection of Children from Sexual Offences Act, 2012 are compliant with structural standards. It is based on field visits to courtrooms in two districts each in five States in India that was carried out by a team of legal researchers at the Centre for Child and the Law, National Law School of India University, Bangalore.
Implementation of the POCSO Act, 2012 by SpecIal Courts: Challenges and Issues, 2018
This Chapter examines the extent to which Special Courts under the POCSO Act, 2012 are compliant ... more This Chapter examines the extent to which Special Courts under the POCSO Act, 2012 are compliant with the child-friendly procedures. It is based on analysis of 2788 judgments, as well as interviews of judges, police, NGOs, prosecutors, etc. in five States, undertaken by a team of researchers at the Centre for Child and the Law, National Law School of India University, Bangalore.
Implementation of the POCSO Act, 2012 by SpecIal Courts: Challenges and Issues, 2018
This Chapter examines the challenges that Special Courts in India under the Protection of Childre... more This Chapter examines the challenges that Special Courts in India under the Protection of Children from Sexual Offences Act, 2012 have faced while determining the age of the child victim. It is based on analysis of 2788 judgments, as well as interviews of judges, police, NGOs, prosecutors, etc. in five States, undertaken by a team of researchers at the Centre for Child and the Law, National Law School of India University, Bangalore.
The Indian legislative framework related to disability has been significantly transformed after t... more The Indian legislative framework related to disability has been significantly transformed after the enactment of the Rights of Persons with Disabilities Act, 2017 (RPD Act) and the Mental Healthcare Act, 2017 (MH Act). The RPD Act adopt a “twin track” approach by incorporating specific provisions for women with disability while also addressing their vulnerabilities in the context of discrimination, social security, healthcare, and sex- ual offences. This article unpacks the rights of women with disabilities (WWD) to equality and non-discrimination and all its dimensions. It examines the extent to which the legislations recognize multiple and intersecting discrimination that WWD experience, as well as horizontal discrimination, and identifies legal provisions that can potentially facilitate de facto equality for WWD. It analyzes the extent of compliance with the guaran- tees relevant to WWD under the UN Convention on the Rights of Persons with Disabilities, 2008 (‘UNCPRD’).
Although research has established the vulnerability of WWD to violence, it is argued that the RPD Act and the MH Act do not expressly consider the gender-based aspect of violence. The article explains the procedural safeguards for victims with dis- ability in legislations relevant to sexual offences such as the Protection of Children from Sexual Offences Act, 2012 and the Code of Criminal Procedure, 1973. It also examines the coverage of reproductive rights of WWD under the UNCPRD and domestic laws and their treatment of forced sterilizations. Finally, it outlines the possibilities and limitations of the Indian legal framework in advancing the rights of WWDs.
Essays on Commissions for Protection of Child Rights Act in India, 2018
This Chapter examines the Commissions for Protection of Child Rights Act, 2005 in lights of the P... more This Chapter examines the Commissions for Protection of Child Rights Act, 2005 in lights of the Paris Principles and other international standards governing National Human Rights Institutions.
Essays on Commissions for Protection of Child Rights in India, 2018
This Chapter contrasts the legal framework relevant to the Commission for Protection of Child Rig... more This Chapter contrasts the legal framework relevant to the Commission for Protection of Child Rights and other human rights institutions in India. In particular, it examines whether multiple human rights institutions are more effective than one.
This article raises two fundamental questions with regard to the role of state
vis-à-vis human r... more This article raises two fundamental questions with regard to the role of state vis-à-vis human rights institutions for children. First, why does the state constitute these bodies if there is lack of commitment to ensure their effective functioning? Second, how significant are the recent strides made in legislation on child rights if the institutions meant to implement and monitor them are not in place?
Juvenile Justice Law in India: A Critical Study, Edited by D.P.Verma & Shruti Jane Eusebius, 2020
This Chapter examines the possibility of application of Restorative Justice (RJ) processes within... more This Chapter examines the possibility of application of Restorative Justice (RJ) processes within India’s Juvenile Justice system. It explains the concept of RJ, highlights international standards relevant to its practice, and presents research findings on its effectiveness in other jurisdictions on aspects such as victim satisfaction and reduction of recidivism. The compatibility of RJ with the philosophy and objectives of juvenile justice and general principles under the JJ Act, 2015 is discussed and a roadmap for its incorporation within the JJ system in consonance with the legal framework is provided.
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Papers by Swagata Raha
been to amend penal laws to enhance punishment. The assumption that the criminal justice system is effectively responding to and dealing with sexual offences against children needs to be scrutinized based on qualitative reviews. This article highlights implementation gaps based on stakeholder interviews and analysis of 2788 judgments of Special Courts in Andhra Pradesh, Assam, Delhi, Maharashtra and Karnataka by the Centre for Child and the Law at the National Law School of India University, Bangalore (CCL-NLSIU). The central argument is that efforts need to be intensified for strengthening the implementation of the POCSO Act and that enhancement of punishment will have a counterproductive effect on the reporting and trials of child sexual abuse.
Although research has established the vulnerability of WWD to violence, it is argued that the RPD Act and the MH Act do not expressly consider the gender-based aspect of violence. The article explains the procedural safeguards for victims with dis- ability in legislations relevant to sexual offences such as the Protection of Children from Sexual Offences Act, 2012 and the Code of Criminal Procedure, 1973. It also examines the coverage of reproductive rights of WWD under the UNCPRD and domestic laws and their treatment of forced sterilizations. Finally, it outlines the possibilities and limitations of the Indian legal framework in advancing the rights of WWDs.
vis-à-vis human rights institutions for children. First, why does the state constitute these bodies
if there is lack of commitment
to ensure their effective functioning? Second, how significant are the recent strides made in legislation on child rights if the institutions meant to implement and monitor them are not in place?
been to amend penal laws to enhance punishment. The assumption that the criminal justice system is effectively responding to and dealing with sexual offences against children needs to be scrutinized based on qualitative reviews. This article highlights implementation gaps based on stakeholder interviews and analysis of 2788 judgments of Special Courts in Andhra Pradesh, Assam, Delhi, Maharashtra and Karnataka by the Centre for Child and the Law at the National Law School of India University, Bangalore (CCL-NLSIU). The central argument is that efforts need to be intensified for strengthening the implementation of the POCSO Act and that enhancement of punishment will have a counterproductive effect on the reporting and trials of child sexual abuse.
Although research has established the vulnerability of WWD to violence, it is argued that the RPD Act and the MH Act do not expressly consider the gender-based aspect of violence. The article explains the procedural safeguards for victims with dis- ability in legislations relevant to sexual offences such as the Protection of Children from Sexual Offences Act, 2012 and the Code of Criminal Procedure, 1973. It also examines the coverage of reproductive rights of WWD under the UNCPRD and domestic laws and their treatment of forced sterilizations. Finally, it outlines the possibilities and limitations of the Indian legal framework in advancing the rights of WWDs.
vis-à-vis human rights institutions for children. First, why does the state constitute these bodies
if there is lack of commitment
to ensure their effective functioning? Second, how significant are the recent strides made in legislation on child rights if the institutions meant to implement and monitor them are not in place?