Sentencing is the phase of the criminal justice system where the actual punishment for the convicted is decided by the judge. In the former, the system focuses on condemning the crime as a more important justification for punishing than any other. Rehabilitation is more accused friendly and believes in the recovery of the person back to the mainstream of the society.
The purpose of the section is to try to reform these criminals in cases where there is no serious threat to society. This primary rationale would help judges determine what exactly is to be achieved by the punishment. This would only be a mere extension of one judge's faith above all others.
This should be a group exercise with representatives from all parts of society contributing to the guideline. In short, the main goal of the policy in population protection and rehabilitation. Any sentence outside the guidelines requires a written explanation from the judge of the reasons for the discretion.
So far as India is concerned, the social and economic background of the convict should be given utmost importance as a mitigating circumstance.
Dalit Life Narratives as Ethnographies of Justice 1
Saptarshi Mandal
I began this article with the aim of recording the voices of the marginalized in order to understand their conception of 'justice'. In other words, this study is about the epistemological implications of examining a universal notion of justice through the mediation of marginalized voices—in this case, Dalit voices. The majority of the Dalit population in India is illiterate, so they cannot record their opinions and thoughts by writing life narratives.
In addition, the authors of the examined texts are members of the educated middle class among the Dalits engaged in public services, while the majority of the Dalit population is found in the informal sectors. Therefore, a method that relies on the written life narratives as its primary source is only able to capture the 'marginality situation' of a privileged part of the Dalit population. During the school's annual functions where the play was rehearsed, I also wanted a role.
The so-called descendants of the gods cannot understand the anxiety of standing outside the door. 5. Experiences of exclusion serve as a common theme and move the narrative forward in each of the texts I have analyzed in this paper. The strongest and most visible form of exclusion in the public sphere is the isolation of the Dalit houses from the rest of the community and restrictions on the spatial mobility of the Dalits.
In both, Joothan and Akkarmashi, the authors mention that the Dalit settlements are outside the village boundaries. Thus Limbale speaks of Maharwada17 and Valmiki describes the filth and squalor of Chuhra Basti. Even after seeking intervention from the school principal, the teacher's behavior did not change but worsened.
The word akkarmashi, used in the specific context of the book, also means the illegitimate. I believe that the use of the word "illegitimate" is not only specific to the circumstances surrounding Limbale's birth, but also encapsulates an important facet of the Dalit's situation of marginality. Upper caste critics of the state's affirmative action policies often argue that the Dalits are not legitimate claimants of the benefits accorded to them.
I am not willing to understand this in terms of a relationship between the author's gender and a tendency to violence. In this article I have argued that the themes of pollution, exclusion and reflective outbursts provide such a framework in which to pinpoint the problems of justice that characterize the lived reality of the Dalits.
The Creation of Social Space for the Articulation of Gender Justice - A Case Study
Shritha K. Vasudevan
Second, sexual assault occurred in most cases when the women were dressed in socially acceptable salwar kameez. Thus, it is possible to definitively understand that there is a tendency to treat problems as social, which are inadequately treated by the rule of law. People have come to believe that the rule of law can never deal with a crime like sexual assault because it is seen as a social behavior rather than the crime it is.
The next section would demonstrate how this sexual assault is part of a larger social patriarchal climate that completely controls the lives of citizens far more effectively than the rule of law. And it is considered that the provision of basic human rights, in this context the rights of women, is merely a consequence of the existence of the state. They are under the impression that the rule of law still prevails, which would take over the patriarchal influences and ensure greater loyalty of the people to the democratic state.
The central unit of democratic state power, the rule of law, is challenged by the equally pervasive control exercised by patriarchy. Thus, the secular state is slowly being removed from people's lives and has already been partly replaced by the rule of the social patriarchy. The rule of law can therefore only be re-established by ensuring the loyalty of this oppressed voter to the democratic state.
Despite the existence of the rule of law, social patriarchy already has a greater influence on citizens. The challenge of a single section of society was overlooked because it was not aware of the great danger patriarchy poses to the rule of law. But now it has been proved above that the existence of patriarchy is definitely a threat to the existence of a democratic state structure.
Now the above statement, that guaranteeing women's rights is fundamental to the existence of the state itself, is only applicable in the context of a democratic society governed by the rule of law. It does not address despotic regimes in which the rule of law is not part of the fundamental principle of governance. The state may not be fully able to use economic investment to restore the rule of law, and thus could result in a potential breakdown of the democratic order.
The political movement will therefore guarantee the success and survival of the democratic state only when it realizes that the very movement would be destroyed if the achievement of women's rights was subordinated to other political goals. It has been established that the struggle for the re-establishment of the rule of law must take place socially, because the social space is the key stronghold of patriarchy.
