Open Access Research Article

CHILDREN BORN THROUGH RAPE: ADDRESSING THE MISSING LINK IN RECOGNISING THE FORGOTTEN VICTIMS IN CRIMINAL JUSTICE SYSTEM

Author(s):
NARAYANEE AKSHAYAVARSHINI N P
Journal IJLRA
ISSN 2582-6433
Access Open Access
Volume 3
Issue 7
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Abstract

Indian criminal law treats rape as a wrong done to a woman, and its machinery of trial, compensation and rehabilitation is built around her. The child born of the offence appears nowhere in that design. This paper asks whether such a child can be recognised as an independent victim under the Bharatiya Nagarik Suraksha Sanhita, 2023; whether the Constitution and existing statutes protect the child’s dignity, identity and privacy; and whether the compensation and family-law regime meets the child’s financial and psychological needs. Through a doctrinal reading of Indian statutes and case law, and a comparison with international human rights instruments, the practice of the International Criminal Court and the laws of the United States, South Africa and England and Wales, it argues that the gap is one of legislative omission and not constitutional impossibility. The paper closes with amendments and judicial directions that would give these children a defined legal status, a paternity-neutral route to documents and benefits, and a compensation entitlement that does not depend on the mother’s claim.

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Authors: NARAYANEE AKSHAYAVARSHINI N P Registration ID: 1013525 | Published Paper ID: IJLRA13525Approved ISSN: 2582-6433 | Country: Delhi, India

Article Information

CHILDREN BORN THROUGH RAPE: ADDRESSING THE MISSING LINK IN RECOGNISING THE FORGOTTEN VICTIMS IN CRIMINAL JUSTICE SYSTEM

Authors: NARAYANEE AKSHAYAVARSHINI N P

  • Journal IJLRA
  • ISSN 2582-6433
  • Volume 3
  • Issue 7
Citation Download Paper Full Details Search on Google Search on Google Scholar

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International Journal for Legal Research and Analysis

  • AbbreviationIJLRA
  • ISSN2582-6433
  • AccessOpen Access
  • LicenseCC 4.0

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