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Supreme Court
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 […]
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 […]
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 […]
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 […]
Set up care centre for children who face sexual abuse: SC
A Supreme Court bench has said that the definition of the expression “child in need of care and protection” under Section 2(14) of the Juvenile Justice (Care and Protection of Children) Act, 2000 is not exhaustive. Although a child victim of sexual abuse under Protection of Children from Sexual Offences Act, 2012is a child in […]
Supreme Court takes note of Law Commissions recommendations on death penalty, commutes sentence
In a case of double murder of the accused person’s wife and child, the Supreme Court overturned the judgment of acquittal of the High Court. However, given the possibility of human error in investigation and appreciation of evidence, the Court refused to impose the death penalty upon the accused. The Court also noted that the […]