Categoies
National Judgments/ Orders
Vodafone fined for violation of Supreme Court’s Vishakha guidelines
The Bombay High Court has imposed a fine of Rs. 50,000 on the company Vodafone for failing to constitute a complaints committee in accordance with the Supreme Court’s guidelines in the case of Vishakha v. State of Rajasthan in the year 1997. The quantum of the fine is analogous to the amount that the company […]
Punjab and Haryana High Court suspends sentence for rape on the grounds of promiscuity of the victim, grants bail to 3 convicts
The Punjab and Haryana High Court has suspended the sentence of three persons convicted of aggravated rape, gang rape, criminal conspiracy, criminal intimidation, and obscenity, and has granted them bail, on the grounds that the facts of the case spoke to an alternative story of a casual relationship with friends, which had taken an unfortunate […]
Supreme Court directs appearance of Hadiya in Court to assess consent
As reported in the IIIrd edition of this year’s newsletter, the decision of the Kerala High Court to annul the marriage of two adults on the grounds that the husband, a Muslim, had enticed a 24 year old adult woman, a Hindu, into marriage, had been challenged in a special leave petition before the Supreme […]
SC refers Sabrimala case to constitutional bench
The Supreme Court has referred the case on entry of women aged 10 to 50 years to the Ayyappa temple in Sabrimala, Kerala, to a constitutional bench. The constitutional bench has been referred five questions for determination, including whether the practice of excluding the female gender from entry to the temple amounts to violative of […]
Six month cooling off period for mutual consent divorce directory, not mandatory, holds SC
The Supreme Court has held that the cooling off period of six months that a married couple seeking a divorce by mutual consent is required to wait for under the Hindu Marriage Act, is merely directory, and not mandatory. Family Court judges can now waive this period provided that the parties have been living separately […]
Minor wife can prosecute husband for rape, holds Supreme Court
In a PIL seeking harmonization of the sexual assault laws under POCSO and IPC, the Supreme Court has held that a minor wife can prosecute her husband for rape. This judgment allows non-consensual sex with a wife under 18 years of age to be prosecuted as rape, thus aligning the provisions on statutory rape with […]
Kerala High Court denies plea of parents for custody of adult daughter, but restricts her freedom of movement and autonomy
Following the Hadiya case, the Kerala High Court has, in another case of a young adult women eloping with her partner with the intention of marrying him, ruled in favor of the girl’s choice while continuing to exercise severe restrictions over her movement and autonomy. In this case, the parents of the adult woman registered […]
Sikkim High Court declares all orders under Sikkim Succession Act 2008 null and void
As reported by PLD in its May-June newsletter, several Sikkimese women had filed a petition in High Court challenging the Sikkim Succession Act, 2008 for being discriminatory as it denies equal property rights to women married to non-Sikkimese men, or those who have acquired foreign citizenship. The Sikkim High Court has declared all orders arising […]
Ten year old mother granted compensation for delay in legal proceedings seeking permission for abortion
The Supreme Court has granted compensation of Rs. 10 lakhs to a ten year old girl, whose plea for abortion had earlier been rejected by it on the advice of a medical board. The girl had initiated legal proceedings in Chandigarh for permission to abort the foetus at 25 weeks, but the same was rejected […]
Right to privacy is a fundamental right, holds SC
A nine judge constitutional bench of the Supreme Court has unanimously held that the right to privacy is a fundamental right and finds recognition in Articles 14, 19, and 21 of the Constitution. The issue of whether an inalienable right to privacy is recognized in the Constitution was referred to this bench by a smaller […]