Legal Recourse Research Articles

School Bullying and Management in Semi-Boarding Schools in Second-Tier Cities in China: Problem Analysis and Optimization

The issue of school bullying in China's second-tier cities is often overlooked and not adequately addressed. School bullying is typically handled by schools alone, without legal recourse, and semi-boarding schools lack specific anti-bullying measures. The study aims to analyze the shortcomings of current anti-bullying strategies in these schools and propose optimized solutions. Research on bullying in schools reveals that it is prevalent in semi-boarding schools in Tier 2 cities, with similar proportions of boys and girls experiencing bullying. The harmful effects of bullying should not be underestimated, and students' understanding of bullying is not comprehensive enough. The current prevention and control measures in schools are inadequate. Recommendations include specialized education on bullying, raising awareness through lectures and activities, establishing early warning and handling mechanisms, and providing psychological assistance. Implementation should involve incorporating bullying prevention into school plans, increasing publicity and education, establishing early detection and fair handling mechanisms, and providing psychological support.

A Comprehensive Analysis of Litigation in Organ Transplantation for Allegations of Insufficient Policy Coverage, Discrimination and Malpractice.

Introduction: Transplantation is a field with unique medical and administrative challenges that involve an equally diverse array of stakeholders. Expectantly, the litigation stemming from this field should be similarly nuanced. There is a paucity of comprehensive reviews characterizing this medicolegal landscape. Design: The Caselaw Access Project Database was used to collect official court briefs of 2053 lawsuits related to kidney, liver, heart, lung, and pancreas transplantation. A thematic analysis was undertaken to characterize grounds for litigation, defendant type, and outcomes. Cases were grouped into policy, discrimination, poor or unsuccessful outcome, or other categories. Results: One hundred sixty-four court cases were included for analysis. Cases involving disputes over policy coverage were the most common across all organ types (N = 55, 33.5%). This was followed by poor outcomes (N = 51, 31.1%), allegations of discrimination against prison systems and employers (N = 37, 22.6%) and other (N = 21, 12.8%). Defendants involved in discrimination trials won with the greatest frequency (N = 29, 90.62%). Defendants implicated in policy suits won 65.3% (N = 32), poor outcomes 62.2% (N = 28), and other 70% (N = 14). Of the 51 cases involving poor outcomes, plaintiffs indicated lack of informed consent in 23 (45.1%). Conclusion: Reconsidering the informed consent process may be a viable means of mitigating future legal action. Most discrimination suits favoring defendants suggested previous concerns of structural injustices in transplantation may not be founded. The prevalence of policy-related cases could be an indication of financial burden on patients. Future work and advocacy will need to substantiate these concerns and address change where legal recourse falls short.

(272) Evidence-Based Strategies for Preventing Lower-Limb Complications Secondary to Prolonged use of the Dorsal Lithotomy Position

Abstract Introduction Patient positioning at the time of surgery plays a critical role in determining patient outcomes. Specific to patients undergoing genital gender-affirming surgery (gGAS), these patients are required to be placed in the lithotomy position to access the pelvis and perineum for their procedures. Lower-extremity injury due to prolonged surgical time in the lithotomy position can have significant post-operative morbidity affecting patient outcomes. This risk is increased in patients undergoing gGAS procedures due to high surgical complexity and especially long operative times as compared to other surgical procedures. Careful attention must be placed on the patient’s specific position perioperatively due to potential injury risk. Prolonged stasis can cause injuries ranging from mild soft-tissue injuries which rapidly resolve, such as mild pressure injuries to bony prominences, to severe injuries including pressure ulcers, nerve injuries, rhabdomyolysis, and compartment syndrome. These complications can have lasting impact on the patient, with associated morbidity and mortality risk, and can also impact healthcare systems through additional dollars spent caring for patients who suffer these complications and their associated rehabilitation, and legal recourse on behalf of the patient who suffered these severe complications. Objective Our study aimed to describe our technique for preventing lower extremity injuries in the dorsal lithotomy position, and to evaluate our positioning-related post-operative complications and rates. Methods We describe our technique for lower-limb positioning in the dorsal lithotomy position, with an emphasis on injury prevention for patients undergoing gGAS. We assessed positioning-related outcomes and complications among patients undergoing gGAS for prolonged periods (>300 minutes) in the lithotomy position between January 2017 to March 2023. Results A total of 227 patients underwent 310 gGAS procedures were included in our study (156 masculinizing: 154 feminizing gGAS procedures). Mean operative time was 495.5 minutes +/- 156.5 minutes (SD) (Range 300–1095 minutes) (Table 1a). A total of 6/227 (2.6%) patients (2 masculinizing and 4 feminizing surgical patients) had transient, self-limited LE pain post-operatively. No (0%) patients had major or chronic complications including chronic nerve injury, pressure ulcers, rhabdomyolysis or compartment syndrome (Table 1b). Our patient positioning employs the use of ½ inch foam placed to surround the lower extremity, ensuring that all at-risk areas of compression are adequately protected when placing the patient’s leg in the Allen stirrups whilst in the lithotomy position (Figure 1). In addition, a perioperative list is also utilized with regular leg checks every 1.5–2 hours with nursing documentation and also, ensuring patients are able to move their lower extremities without any pain post-operatively (Figure 2). Conclusions Our study is the first to describe a specific technique and outline strategies for protecting the lower extremities to prevent injuries in patients undergoing prolonged surgical procedures in the lithotomy position. The low complication rates associated with our technique warrants attention to further refine this technique, and, to integrate these strategies into operating-room programs across diverse specialties. Disclosure No.

Implementation of the Supervisory Function of the Ministry of Law and Human Rights of the Republic of Indonesia on the Protection of Copyright of Musical Works Based on Law Number 28 of 2014

This study explores the practical application of the supervisory function vested in the Ministry of Law and Human Rights of the Republic of Indonesia concerning safeguarding copyright for musical works, as delineated by Law Number 28 of 2014. The primary focus lies in assessing the effectiveness of the regulatory framework in place to protect the intellectual property rights of creators in the music industry. The research employs a multidisciplinary approach, incorporating legal analysis, policy evaluation, and case studies to gauge the implementation of Law Number 28 of 2014. It investigates the Ministry's role in overseeing the enforcement of copyright protection measures, addressing challenges faced, and proposing potential improvements to enhance the efficacy of the supervisory function. Key aspects under scrutiny include the Ministry's mechanisms for monitoring copyright infringement, facilitating legal recourse for rights holders, and fostering collaboration between stakeholders in the music industry. Additionally, the study explores the adaptation of supervisory practices to technological advancements, such as digital platforms and online distribution channels, which pose unique challenges to copyright protection. The findings aim to provide insights into the strengths and weaknesses of the current supervisory framework, offering recommendations for legislative adjustments, administrative enhancements, and collaborative initiatives. Ultimately, this research contributes to the ongoing discourse on intellectual property protection in the context of the evolving landscape of the music industry in Indonesia, seeking to fortify the legal infrastructure for the benefit of creators, consumers, and the broader cultural ecosystem.

Urgensi Perjanjian Perkawin dalam Upaya Suami atau Istri Tidak Terpenuhinya Kewajiban Atas Harta Bersama

The legal consequence of a marriage is that the wife's property becomes the husband's property, and vice versa, this is the beginning of what is called joint property. However, there are efforts to separate inherited assets between the husband's assets and the wife's assets. The Marriage Agreement between Mr. PAT and Mrs. P is about the husband's obligations and the wife's rights, such as when the marriage takes place, objects that are not in the husband's name become the property of the wife. The formulation of the problem that arises is whether the legal recourse if joint property objects which cannot be proven to be owned in the husband's name will become the property of the wife and what legal remedies can be taken if one party does not carry out its obligations in accordance with the contents of the agreement. The research method used is normative law by examining statutory regulations and the articles in the marriage agreement between Mr. PAT and Mrs. P which contain legal issues regarding joint property. The results of the research show that there are no regulations which stipulate that joint objects which cannot be proven to be in the name of the husband may not belong to the wife or his heirs, the Marriage Agreement is a halal cause and does not conflict with anything. The legal remedy if there is a violation of the marriage agreement is a lawsuit for breach of contract or you can file a lawsuit for divorce/talak in the District Court according to the contents of the marriage agreement.

SUBPOENA AS A FORM OF DEVELOPER'S LEGAL EFFORT TO CONSUMERS IN CANCELING PROPERTY RESERVATIONS

This study aims to investigate whether subpoenas can serve as a legal recourse for developers in the cancellation of property reservations and to comprehend the process of issuing subpoenas to consumers for canceling property reservations in Badung Regency. The research methodology employed is empirical legal research without statutory approaches, relying on factual analysis. Primary information was gathered through interviews with respondents and informants, while secondary data sources included literature, journals, and internet legislation. Data collection techniques involved documentation studies, and analysis was conducted through descriptive analysis. The research findings indicate that subpoenas can be utilized as a legal remedy by developers for consumers canceling property orders. Subpoenas are issued by delivering appeals and warnings through familial and economic approaches regularly. This legal effort aims to prevent financial losses for developers in the Badung district resulting from consumer order cancellations.

(138) Evidence-based Strategies for Preventing Lower-limb Complications Secondary to Prolonged Use of the Dorsal Lithotomy Position

Abstract Introduction Patient positioning at the time of surgery plays a critical role in determining patient outcomes. Specific to patients undergoing genital gender-affirming surgery (gGAS), these patients are required to be placed in the lithotomy position to access the pelvis and perineum for their procedures. Lower-extremity injury due to prolonged surgical time in the lithotomy position can have significant post-operative morbidity affecting patient outcomes. This risk is increased in patients undergoing gGAS procedures due to high surgical complexity and especially long operative times as compared to other surgical procedures. Careful attention must be directed to the patient’s specific position intraoperatively due to significant risk of potential injury with prolonged surgeries. Prolonged stasis can cause injuries ranging from mild soft-tissue injuries which rapidly resolve, such as mild pressure injuries to bony prominences, to severe injuries including pressure ulcers, nerve injuries, rhabdomyolysis, and compartment syndrome. These complications can have lasting impact on the patient, with associated morbidity and mortality risk, and can also impact healthcare systems through additional dollars spent caring for patients who suffer these complications and their associated rehabilitation, and legal recourse on behalf of the patient who suffered these severe complications. Objective Our study aimed to describe our technique for preventing lower extremity injuries in the dorsal lithotomy position, and to evaluate our positioning-related post-operative complications and rates. Methods We describe our technique for lower-limb positioning in the dorsal lithotomy position, with an emphasis on injury prevention for patients undergoing gGAS. We assessed positioning-related outcomes and complications among patients undergoing gGAS for prolonged periods (>300 minutes) in the lithotomy position between January 2017 to March 2023. Results A total of 227 patients underwent 310 gGAS procedures were included in our study (156 masculinizing:154 feminizing gGAS procedures). Mean operative time was 495.5 minutes +/- 156.5 minutes (SD) (Range 300–1095 minutes) (Table 1a). A total of 6/227 (2.6%) patients (2 masculinizing and 4 feminizing surgical patients) had transient, self-limited LE pain post-operatively. No (0%) patients had major or chronic complications including chronic nerve injury, pressure ulcers, rhabdomyolysis or compartment syndrome (Table 1b). Our patient positioning employs the use of ½ inch foam placed to surround the lower extremity, ensuring that all at-risk areas of compression are adequately protected when placing the patient’s leg in the Allen stirrups whilst in the lithotomy position (Figure 1). In addition, a perioperative list is also utilized with regular leg checks every 2 hours with nursing documentation and also, ensuring patients are able to move their lower extremities without any pain post-operatively (Figure 2). Conclusions Our study is the first to describe and illustrate specific techniques, and outline strategies, for protecting the lower extremities to prevent injuries in patients undergoing prolonged surgical procedures in the lithotomy position. The low complication rates associated with our technique warrants attention to further refine this technique, and, to integrate these strategies into operating-room programs across diverse specialties. Disclosure No.

Civil Liability of the Website Owner for Damages Arising from Published Harmful Content under Jordanian Law

Due to advanced Internet technology, there's a growing need for legal frameworks overseeing website creation and monitoring to prevent misuse, especially on social media. Legislators established laws holding website owners responsible for content under their supervision, requiring them to prevent and remove offensive material. Victims of harmful online content can seek criminal penalties, compensation, and site blocking. Like print laws, electronic publishers, and site supervisors face accountability for damaging content, prompting the need for legislation, as outlined in Jordanian Press and Publications Law Article 49. This law considers online comments as journalistic material, holding publishers and site supervisors jointly responsible. It empowers authorities to prevent harmful content publication, allowing victims to seek legal recourse in civil courts for damages.

Perspectives of healthcare workers on the integration of overdose detection technologies in acute care settings

BackgroundPeople who use drugs (PWUD) face disproportionately high rates of hospitalizations and patient-initiated discharge (leaving against medical advice), explained by a combination of stigma, withdrawal, judgment, blame, and improper pain management. In addition, evidence has shown that despite abstinence-based policies within healthcare settings, PWUD continue to use their substances in healthcare environments often hidden away from hospital staff, resulting in fatalities. Various novel overdose detection technologies (ODTs) have been developed with early adoption in a few settings to reduce the morbidity and mortality from risky substance use patterns within healthcare environments. Our study aimed to gain the perspectives of healthcare workers across Canada on implementing ODTs within these settings.MethodWe used purposive and snowball sampling to recruit 16 healthcare professionals to participate in semi-structured interviews completed by two evaluators. Interview transcripts were analyzed using thematic analysis to identify key themes and subthemes.ResultsParticipants recognized ODTs as a potentially feasible solution for increasing the safety of PWUD in healthcare settings. Our results suggest the mixed ability of these services to decrease stigma and build rapport with PWUD. Participants further highlighted barriers to implementing these services, including pre-established policies, legal recourse, and coordination of emergency responses to suspected overdoses. Lastly, participants highlight that ODTs should only be one part of a multifaceted approach to reducing harm in healthcare settings and could currently be integrated into discharge planning.ConclusionHealthcare professionals from across Canada found ODTs to be an acceptable intervention, but only as part of a larger suite of harm reduction interventions to reduce the harms associated with illicit drug use in healthcare settings. In contrast, participants noted institutional policies, stigma on behalf of healthcare workers and leadership would present significant challenges to their uptake and dissemination.

К вопросам обращения взыскания по налоговой задолженности в исполнительном производстве

The positions of various authors on the issues of enforcement measures and actions used by bailiffs and tax officials to collect tax debts are considered. The possibility of collecting tax debt from a debtor-citizen for his economic activities in a liquidated, bankrupt company or in the absence of its property, when the citizen appropriated financial amounts for himself without paying taxes on them, is touched upon. It is proposed to transfer the powers to foreclose on tax debts and compile statistical reports from the Federal Tax Service to the Federal Bailiffs Service, leaving the function of “seizure” of the debtor’s property at the claim stage of settling tax debts to the Federal Tax Service, so that the debtor would subsequently be unable to avoid its collection by a bailiff. In this regard, it is expected to be quite logical to reduce the number of staff in the Federal Tax Service and increase it in the Federal Bailiffs Service. The introduction of a ban on registration of shell companies is justified by the insufficiency of insurance financial and (or) property assets. The position of the inexpediency of judicial collection of funds by a bailiff due to a debtor from a third party under judicial acts is substantiated, if there is confirmation of financial or property funds due to the debtor by documentary evidence collected at the request of a bailiff or provided by the recoverer – the Federal Tax Service, since foreclosure by a bailiff on these funds is possible and without legal recourse.

乡村振兴战略下农村中老年人法律求助意识的研究

乡村振兴战略下农村中老年人法律求助意识的研究

Mental Health of Men amidst the Increasing Gender Bias in Laws: A Sociological Study in the Indian Context

In recent years, the mental health of men in India has come under significant strain due to perceived gender biases in the legal system. This research paper explores the growing sentiment among men that they are inadequately protected by laws, leading to feelings of vulnerability and helplessness. A key area of concern is the increasing ease with which women can allegedly make false accusations of harassment and assault, often resulting in monetary compensation. This paper examines the impact of these accusations on men's mental health, highlighting the lack of legal recourse available to them. The introduction of the BNS Clauses has further cemented the notion that the legal framework in India lacks provisions to protect men. Current laws regarding rape and assault fall under the section "Of Offenses against Women and Children - Of Sexual Offenses," raising critical questions about the legal protection available for men who face harassment or assault, or those falsely accused. This research argues that regardless of the gender ratio, laws should be neutral and provide equal protection for all individuals. Through a sociological lens, this paper scrutinizes whether the current gender-biased legal approach effectively addresses the issues it aims to solve, and what implications this has for societal equality. The study concludes with a call for a more balanced legal system that ensures justice and mental well-being for all genders, emphasizing the necessity of neutral laws to prevent further marginalization and psychological distress among men.

Abortion Access for Incarcerated People Post-Dobbs

Dobbs v. Jackson Women’s Health Organization has fundamentally altered the legal landscape regarding abortion access. Though abortion rights for all people across the United States have now been eliminated or are in jeopardy, incarcerated people are a particularly vulnerable group, given the way carceral institutions restrict autonomy and the drastic health implications of an unwanted pregnancy while confined. Before Dobbs, detained people retained the constitutional right to an elective abortion while incarcerated. To remedy violations of this right, women brought claims under the Fourteenth Amendment and the Eighth Amendment. In a post-Roe world, however, incarcerated folks denied abortion access are no longer able to seek legal recourse under the Fourteenth Amendment. To challenge court policies that restrict abortion access, incarcerated plaintiffs must rely solely on an Eighth Amendment claim. This note explores the ways that Dobbs both strengthens and exacerbates the need for an Eighth Amendment claim. I argue that depriving someone of an elective abortion procedure violates the Eighth Amendment’s protection against cruel and unusual punishment, irrespective of whether abortion is constitutionally protected as an implied fundamental right. I also acknowledge the inherent limitations of pursuing an Eighth Amendment claim in this realm and discuss possible ways forward. Ultimately, by illustrating how offensive to human dignity it is to deny people elective abortions, a robust Eighth Amendment claim provides an avenue to rebuild constitutional protections, both for incarcerated women and women everywhere.

A Systematic Review of Maldivian National Laws to Combat Workplace Bullying

Bullying has been identified as a leading workplace stressor because of its debilitating effects on individual employees, groups of employees, and organizations. A vast literature explores the nature and consequences of workplace bullying and demonstrates the need for the protection of employees in the workplace, such as through laws and policies. While some organizations include policies on workplace bullying and some laws can be applied to address workplace bullying, few seem to use these mechanisms to seek redress. Hence, this systematic review evaluates the complaint procedures, protection, prevention, and effectiveness of the current laws and policies on workplace bullying within the Maldivian context. The paper then discusses why seeking legal recourse from bullying rarely occurs through the legal system. A systematic analysis supplemented with five semi-structured interviews of key informants (members of the employment tribunal, lawyers, court judge, and registrar) was carried out to obtain an in-depth understanding of the current situation in the Maldives. The analyses reveal that the Maldivian legal system has many gaps that result in little or no protection from bullying in the workplace. The current legislative and regulatory framework does not adequately recognise the power that employers have over employees in certain types of bullying, and it mainly focuses on the protection from and prevention of “bullying” in the form of sexual harassment in the workplace. The Maldivian Constitution, which guarantees fundamental rights and freedoms to all persons in Chapter II (Arts.16-69), is vague when it comes to addressing bullying. This study acknowledges that workplace bullying policies are only one range of interventions for addressing bullying. Other methods of prevention are required to deal with bullying in workplaces.

Implementation Authority Of The Constitutional Court In The Indonesian Constitutional Law System

This study explores the evolution and significance of the Constitutional Court in Indonesia, examining its speculated super authority and unilateral interpretation of the Constitution. The research delves into the court's exclusive jurisdiction, rendering its decisions final and binding, thereby limiting legal recourse for dissatisfied parties. Grounded in the global development of judicial review, notably the landmark Marbury versus Madison case by John Marshall, the Constitutional Court's role is integral to constitutional interpretation. Originating from discussions during the Draft Constitution at BPUPKI and resurfacing during deliberations on the Draft Law on Judicial Power (UU Number 14 of 1970), the importance of the Constitutional Court gained prominence during the 1945 reform era. The Third Amendment to the 1945 Constitution solidified the court's establishment as a guardian of the constitution, shaping its pivotal role in constitutional interpretation in Indonesia. This research aims to provide a comprehensive understanding of the Constitutional Court's journey, its unique authority, and its crucial role in the country's legal and constitutional landscape

Violation of Copyright in Pakistan: Issues and Future Prospects

This research delves into the key role of copyright protection in nurturing creativity, innovation, and economic growth within Pakistan's creative industries, shedding light on persistent challenges in the country's legal framework. Despite existing laws encompassing literature, visual arts, music, and film, the absence of precise definitions for originality and fair use has led to widespread confusion, impeding effective enforcement and discouraging legal recourse against infringers. The study scrutinizes the impact of international agreements, such as the Berne Convention and the WIPO Copyright Treaty, on Pakistan's copyright landscape, recognizing positive developments while pinpointing ongoing challenges like resource constraints, limited public awareness, and rampant piracy. The ramifications of copyright infringement on the creative sector are explored, emphasizing financial losses, diminished investment, and a decline in high-quality productions. The paper advocates for legal and policy reforms, encompassing clearer definitions and stringent enforcement mechanisms, alongside capacity building and public awareness initiatives to fortify copyright protection. Furthermore, it recommends international collaboration with internet service providers to combat online infringement, drawing insights from successful strategies in the US and the UK, exemplified by the Digital Millennium Copyright Act. The paper concludes by underscoring the imperative for robust copyright protection in Pakistan's creative industry, proposing actionable avenues for enhancement. The chosen qualitative research methodology aims to optimize outcomes by addressing previous limitations and synthesizing various research approaches for comprehensive insights.

The Legal Authority of Clemency in Mitigating Sentences for Convicts in Planned Murder Cases

Planned murder is a regular form of homicide, similar to Article 338 of the Indonesian Criminal Code (KUHP), but it is carried out with premeditation. Notable cases of planned murder in Indonesia include the 'kopi siandia' case, which resulted in the death of Mirna, and the planned murder case of Brigadier J by Ferdy Sambo. The president can grant clemency upon the convict's request, taking into account the considerations of the Supreme Court. Clemency can be seen as a form of presidential pardon after the convict submits a request to the President. The aim of this research is to analyze the legal strength of clemency in mitigating sentences for convicts in cases of planned murder. This study is a normative legal research employing legislative and historical approaches. Primary and secondary legal materials are used as sources, utilizing qualitative descriptive analysis method. Convicts involved in planned murder cases who request clemency from the president may have their sentences mitigated by the court, either through leniency, a change in the type of punishment, reduction of the punishment, or the abolition of the punishment execution. This clemency is an acknowledgment from the convict, admitting to their actions based on the facts. Consequently, the president will consider whether to grant or deny the clemency request based on this admission, considering the Supreme Court's recommendations. Clemency serves as a legal recourse for convicts to lighten or modify their sentences.

In forma pauperis: Indentured Servitude, the Right to Counsel, and White Citizenship in the Seventeenth-Century Chesapeake

Abstract Indentured servitude was an exploitative form of coerced labor in England’s American colonies, but indentured servants were expected to join settler society after completing their terms of indenture, and they possessed clearly defined legal rights and protections in both English and colonial laws, even during their period of servitude. The masters and mistresses of indentured servants sometimes engaged in physical abuse and contractual fraud, but servants could sue their masters or mistresses in court without owing fees, a status termed in forma pauperis. Courts facilitated servant lawsuits and heeded procedural fairness, bringing in compensated witnesses, searching archival records, and even providing pro bono lawyers. It appears that most servants won their cases against their masters and mistresses, obtaining their freedom, their withheld freedom dues, or reimbursement for overlong terms of servitude. Indentured servants’ lawyers affirmed that their clients were rights-bearing members of society, persuasively utilizing terms such as ‘justice’ and ‘equity’ to represent their cases. The access of servants to legal recourse, the courts’ commitment to ensure due process and legal representation, and the frequent victories of servants over their masters demonstrated that indentured servants were regarded as valued members of colonial society in the Chesapeake, and in other colonial regions. Unlike enslaved people, who possessed neither legal rights nor access to the courts, white indentured servants possessed inherent, though limited, rights of freeborn subjects, even if from disenfranchised groups, such as women, children, or those of Irish origin. The legal and social distinctions between servitude and slavery began arising half a century before Bacon’s Rebellion in the 1670s, which is conventionally assumed to be a watershed event in the division between indentured servitude and slavery. The affirmation of the rights of indentured servants developed in parallel with the growth of slavery, and contributed to developing ideals of white citizenship.

RAPE IS RAPE EVEN IN MATRIMONY: AMENDING THE INDIAN PENAL CODE TO CRIMINALIZE MARITAL RAPE: A CURRENT COMPELLING NECESSITY

Matrimony is a revered union that establishes a holy connection between two individuals and their respective families. However, when matrimony is entered into without the explicit consent of the parties involved or when the individuals participating in the marriage are not satisfied with the arrangement, it can become unpleasant or unfavourable. Throughout history, our civilization has exhibited a proclivity towards a patriarchal system, dating back to the era of hunting and gathering. It is inherent for men to exhibit dominant emotions as a result of their natural disposition. When examining the global context, it becomes evident that establishing and enforcing law and order play a significant role in defining and regulating societal norms and behaviours. The Indian Penal Code of 1860 encompasses a set of laws and corresponding penalties that have been established. However, a common misconception among individuals is the lack of understanding regarding the historical origins of these regulations, which the British established during a bygone era. Marital rape is not criminalized under Indian law, specifically the Indian Penal Code of 1860, which does not acknowledge the act of a husband raping his wife as a punishable offence. The rationales for this phenomenon are diverse and can be identified in numerous publications of the Law Commission, deliberations within the Parliament, and adjudicatory rulings. There are various justifications for this, including the preservation of the sacred nature of marriage and the availability of alternative legal remedies. This paper examines the fallacies underlying the arguments favouring decriminalizing marital rape. The author presents a scholarly examination of Article 14 of the Constitution of India, asserting that the inclusion of a marital rape exception clause within the Indian Penal Code 1860 is fundamentally inconsistent with constitutional principles. Additionally, the author highlights the dearth of available alternative avenues for a woman to seek legal recourse in cases of marital rape. The author asserts that criminalizing marital rape is imperative and presents a comprehensive framework for achieving this objective.

“When you leave your country, this is what you’re in for”: experiences of structural, legal, and gender-based violence among asylum-seeking women at the Mexico-U.S. border

BackgroundRecent U.S. immigration policy has increasingly focused on asylum deterrence and has been used extensively to rapidly deport and deter asylum-seekers, leaving thousands of would-be asylum-seekers waiting indefinitely in Mexican border cities, a large and growing proportion of whom are pregnant and parenting women. In the border city of Tijuana, Mexico, these women are spending unprecedented durations waiting under unsafe humanitarian conditions to seek safety in the U.S, with rising concerns regarding increases in gender-based violence (GBV) among this population during the COVID-19 pandemic. Given existing gaps in evidence, we aimed to describe the lived experiences of GBV in the context of asylum deterrence policies among pregnant and parenting asylum-seeking women at the Mexico-U.S. border.MethodsWithin the community-based Maternal and Infant Health for Refugee & Asylum-Seeking Women (MIHRA) study, we conducted semi-structured qualitative interviews with 30 asylum-seeking women in Tijuana, Mexico between June and December 2022. Eligible women had been pregnant or postpartum since March 2020, were 18–49 years old, and migrated for the purposes of seeking asylum in the U.S. Drawing on conceptualizations of structural and legal violence, we conducted a thematic analysis of participants’ experiences of GBV in the context of asylum deterrence policies and COVID-19.ResultsPregnant and parenting asylum-seeking women routinely faced multiple forms of GBV perpetuated by asylum deterrence policies at all stages of migration (pre-migration, in transit, and in Tijuana). Indefinite wait times to cross the border and inadequate/unsafe shelter exacerbated further vulnerability to GBV. Repeated exposure to GBV contributed to poor mental health among women who reported feelings of fear, isolation, despair, shame, and anxiety. The lack of supports and legal recourse related to GBV in Tijuana highlighted the impact of asylum deterrence policies on this ongoing humanitarian crisis.ConclusionAsylum deterrence policies undermine the health and safety of pregnant and parenting asylum-seeking women at the Mexico-U.S. border. There is an urgent need to end U.S. asylum deterrence policies and to provide respectful, appropriate, and adequately resourced humanitarian supports to pregnant and parenting asylum-seeking women in border cities, to reduce women’s risk of GBV and trauma.