Categoies
National Judgments/ Orders
Instant triple talaq invalid, declares SC
In the landmark judgment of Shayara Bano and Ors v Union of India and Ors, the Supreme Court by a 3:2 majority has held that divorce through talaq e-bidat, or instant triple talaq, is invalid in law. The Court upheld the settled view that personal law cannot be tested against the Constitution, and the validity […]
Citing rampant misuse of Section 498A, Supreme Court renders it non-cognizable, directs setting up of ‘Family Welfare Committees’
The Supreme Court has directed that for a period of six months, no arrests will be made in cases registered under Section 498A of the Indian Penal Code unless evidence of tangible physical harm and injury is produced by the complainant wife. 498A is a cognizable and non-bailable offence. Surmising that most such cases are […]
Persons with the mental age of a child do not fall within the purview of POCSO, holds SC
In the case of Eera v State of NCT of Delhi, the Supreme Court has held that an adult person with the mental age of a child cannot be treated as a victim under the Protection of Children from Sexual Offences Act. In this case, the victim/ survivor aged 38 years had the mental age […]
Occurrence of harassment immediately before death not necessary to prove offence of murder for dowry, rules Delhi HC
Delhi High court refused to set aside the conviction of a man in a case of dowry death merely on the ground that no harassment had occurred immediately before the incident. Justice Gupta noted that the essential ingredients for prosecution under Section 304B are: (i) the death of a woman must have been caused by […]
Victims of sexual harassment must be provided case information within 48 hours, holds CIC
The Central Information Commission has ruled that information on sexual harassment cases should be provided to the victims within 48 hours under the Right to Information (RTI) Act, as it pertains to their “life and liberty” under Section 7 (1) of the Act. The Appeal under consideration by the CIC was filed by a woman […]
Additional Sessions Judge has jurisdiction to award compensation under POCSO, holds Chhattisgarh High Court
The Chhattisgarh High Court has noted that an Additional Sessions Judge trying cases under the Protection of Children against Sexual Offences (POCSO) Act, 2012 would have the same power as a Special Judge to award compensation to a child victim of sexual offences. The Court placed reliance on Section 33(8) of the POCSO which confers […]
Benefits under the Maternity Benefits Act must be extended to contractual workers, holds MP HC
The Madhya Pradesh High court has ruled that maternity leave should be granted to contractual employees at par with regular employees. In this case, the state was denying maternity leave relying on the contract of appointment which stated that maternity leave can be granted to contractual workers only upon the completion on one year of […]
Kerala HC separates inter-religious married couple, rejects choice of woman to marry
The High Court of Kerala handed over the ‘custody’ of an adult woman of sound mind to her father, and nullified her marriage to a Muslim man. The father of the 24 year old woman had filed a writ petition to seek her custody, after she left her parent’s home and converted to Islam. The […]
Hindu law does not confer any property rights upon “illegitimate” children, holds Bombay High Court
The Bombay high court has ruled that an “illegitimate” child must provide evidence of marriage between her biological parents to claim protection conferred by Sec. 16 of the Hindu Marriage Act. In this case, the petitioners, children from the second ‘marriage’ of the deceased, sought a share in his property. However, the first wife of […]
Inconsistencies in award of death penalty re-opens debate on capital sentence: convictions in Jyoti Singh and Bilkees Bano cases
In an appeal against the death penalty by the four convicts in Jyoti Singh’s gang rape, the Supreme Court has upheld the death penalty. The homicidal gang rape of a 23-year old girl in Delhi led to momentus public outrage, propelling the enactment of longstanding reforms in criminal laws relating to sexual assault in March […]