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 […]

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 […]

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 […]

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 […]