Why due Process matters

Why due Process matters

Article:

1. Shreya Atrey, lecturer in Law at the University of Bristol Law School discusses the importance of due process in feminist and social movements

Important Analysis:

1. The recent cases of Unnao and Kathua where lawmakers and enforcers themselves engaged in sexual violence or defended the accused show how the legal system in India has failed women
2. Due process is basically the basic presumption of law: “innocent until proven guilty.”
3. In workplaces, the Internal Committees established under the Sexual Harassment of Women at Workplace Act, 2013 rely on due process and standard of proof beyond reasonable doubt
4. The principal of due process has been recently criticised by many feminist on the grounds that it has prolonged or denied justice to women who have chosen to complain against sexual harassment
5. However, it should be noted that due process is an integral part of Rule of Law. Undermining the principal of due process would destroy the goals and values of Rule of Law: equality, human rights and transformative justice
6. It is to be noted that without due process social movements and feminist movement cannot be sustainable and achieve desired goals. Moreover, such movements require a transformative vision