Categoies
National Judgments/ Orders
Delhi district court judgment highlights instances of sexual violence within marriage
In its judgment denying the relief of divorce to the husband, the Delhi High Court has acknowledged that he subjected his wife to sexual abuse, apart from subjecting her to other abusive and humiliating acts. In this case, the husband had sought a divorce on the grounds desertion and cruelty. Denial of conjugal rights is […]
Supreme Court issues notice to states to implement the SHW Act
The Supreme Court has issued notice to the central government and all state governments to implement the Sexual Harassment of Women at Workplace (Prevention, Prohibition, Redressal) Act, 2013. This was in response to a PIL filed by an NGO highlighting that several state governments had neither constituted Local Committees in each district, nor had they […]
Supreme Court dismisses plea to make sexual assault gender neutral
The Supreme Court refused to admit a Public Interest Litigation filed by a practicing advocate which sought the declaration of all penetrative and non-penetrative sexual assault provisions in the IPC as gender-neutral – both with respect to the victim and the perpetrator. The challenge was based in the premise that these provisions, under which only […]
Petitions challenging constitutionality of IPC provisions on homosexuality and adultery referred to constitutional bench
A three judge bench of the Supreme Court has referred a fresh petition challenging the constitutionality of Sec. 377 of the Indian Penal Code, which criminalises same-sex sexual intercourse, to a five judge constitutional bench. The Court noted that its decision in Suresh Kumar Kaushal v. Naz Foundation, which had effectively recriminalized homosexuality in 2014, […]
Supreme Court upholds validity of Hadiya’s marriage
The Supreme Court, in an interim order, has reinstated the marriage of Hadiya, which had been annulled by the High Court of Kerala amidst controversy over her religious conversion to Islam and subsequent marriage. Given that the marriage was annulled in habeas corpus proceedings filed by her father, the Supreme Court cited that such proceedings […]
Kerala HC upholds woman’s ‘right to dignity’ as a mother
The Kerala High Court upheld the plea of a woman against her termination from service on account of her long absence from service as she needed to look after her child suffering from mild autism. The court held that no service regulations can stand in the way of a woman claiming protection of her fundamental […]
Delhi HC questions civic bodies about sensitization to menstrual hygiene
In a writ petition regarding the lack of access to information, knowledge, and education regarding menstruation and menstrual hygiene in Delhi, the Delhi High Court has made various directions to the district municipal corporations in Delhi for the implementation of the Rashtriya Kishor Swasthya Karyakram (RKSK), so far as it relates to the sensitization of […]
Rajasthan HC issues directions on religious conversions, inter-faith marriages
The Rajasthan High Court held that in a case involving marriage performed after conversion, where the conversion is in contravention of the guidelines that govern it, the marriage may be declared voidable at the aggrieved party’s behest. The guidelines, laid down by the court to tackle ‘forced conversions,’ state that only an adult can undergo […]
Kerala HC upholds suspension of school students accused of public display of affection.
The Kerala High Court has upheld the suspension of a boy and girl student for their alleged public display of affection in the school and through social media. Although the state child rights panel had ordered the school to take the students back, this decision was struck down by the High Court on the ground […]
J &K High Court decries harassment of adult women who exercised their right to choice in marriage
The High Court recently addressed a petition wherein the petitioner had brought to the notice of the court the continual harassment that she and her husband were subjected to following their inter-caste marriage. She stated that despite having married after attaining the age of majority, out of her own free will without any undue coercion, […]