WeTalk Legal Rights

against GBV starts today with International Day for the Elimination of Violence against Women!

Every 10 minutes, a woman is killed. One in three women face violence in their lifetime, with adolescent girls being particularly vulnerable, experiencing abuse from partners at a staggering rate of 1 in 4.

The devastating culmination of gender-based violence is femicide – the intentional killing of women and girls solely because of their gender. This heinous crime is a global issue, representing the most extreme manifestation of the pervasive cycle of violence against women and girls.

It's imperative that we acknowledge the severity of this issue and work collectively to prevent violence against women and girls.

Join the 16 days of activism starting today to "UNiTE to end Violence against Women".

The maxim "Necessitas Inducit Privilegium Quoad Jura Privata" means -

Necessity induces a privilage because of a private right.

In the context of , necessity is a defence in both and , in the sense that if an action was "necessary" so as to prevent a greater harm, then in either criminal or civil context, it is this defence of necessity that will not give rise to liabilities.

Though the principle laid down in this maxim is one of the most common defences in , Section 81 of the Indian Penal Code states that -
Act likely to cause harm, but done without criminal intent, and to prevent other harm. - Nothing is an offence merely by reason of its being done with the that it is likely to cause harm, if it be done without the intention to cause harm, and in good faith for the purpose of preventing or avoiding other harm to person or property.

The underlying principle is that Section 81 of the code grants immunity to a man from with respect to acts committed under compelling circumstances forced by necessity. in such circumstances, the law privilages them though the act is done against the better of it.
Breaking the words of the law is not breaking the law so long as the intent of the law is not broken.
(Quod necessitas non habet leegem - Necessity knows no law).

Podcast - Pocso Act - The need for stricter laws
Station - Spotify/WeTalk Adda
Episode - 5
Host - Vinay Kulkarni

This episode discusses in brief about the inadequacy of the existing indian criminal laws and the absence of sensitivity in dealing with CSA, and connects the dots as to how this, along with other factors led to the promulgation of the POCSO Act 2012.

Link to the podcast-
https://podcasters.spotify.com/pod/show/wetalkadda/episodes/The-need-for-stricter-laws-and-POCSO-e2ic4ap

To know more about our work visit: www.wetalklegalrights.com

Foundational Facts - Are the background facts that do not appear to be explicitly at issue in any given case.

Fundamental Rights are but basic human rights that allow a person to live with dignity.

Depriving basic rights of one particular gender based on whatsoever reason can never be justified.

Tune in to the 5th episode of our weekly podcast at WeTalk Adda with Vinay Kulkarni by clicking the below link -

https://podcasters.spotify.com/pod/show/wetalkadda/episodes/5-Challenges-Women-face-e2hpm3s