The right to kill: The case of the battered women

Gupta, Shreyas (2014) The right to kill: The case of the battered women. Nirma University Law Journal, 3 (2). pp. 59-69.

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The current law of self-defence within the definitions of the Indian Penal Code is so narrowly defined, that it fails to argue for the case of battered women, who have lost the basic integrity to function as an autonomous individual. The paper calls for a review of the doctrine of self-defense so as to extend it beyond the boundaries of mere physical harm. A need for change in the current regime is looked upon using the case of the battered women. The idea of psychological self-defense is introduced, and explained and justification is sought for the same using constitutionality of the current law and the proposed law. The proposed psychological self-defense doctrine is given a thorough explanation and reference is drawn from common law jurisdictions that have positively identified the issue and amended their law respectively. The example of the battered women is used throughout the paper to exemplify the problem with the current self-defence law. It is used further to substantiate the need for a change within the current doctrine of self-defence

Item Type: Article
Keywords: Self -Defence | Law | Kill |Battered Women
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 23 Apr 2022 05:36
Last Modified: 23 Apr 2022 05:36


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