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Retraction of the woman’s complaint insufficient ground for quashing rape allegations, holds Delhi HC
In a case where a woman prosecutrix had consistently alleged sexual assault by an employer in her statement to the police and the magistrate, the Delhi High Court chose to ascertain whether her statement was subsequently withdrawn under threat or pressure. The Court said that it would be unsafe to quash FIR proceedings on the […]
Kerala HC rules prohibition of women from working in liquor shops unconstitutional
Responding to a petition challenging the constitutional validity of provisions of the Kerala Abkari Shops Disposal Rules, 2002 which prohibit women from being employed in liquor shops, the Court ruled that such rules were violative of Article 14 and 15 of the Constitution. The petitioners had claimed that they had participated in the selection process […]
Gujarat HC grants girl’s custody to female friend given their desire to stay together
In a case where two girls approached the Gujarat High Court through a Habeas Corpus petition expressing their desire to live with each other, the judges granted one of the girls’ custody rights over her friend. The Muslim girl from Ahmedabad alleged being sexual harassed and intimidated by her family, after which she had moved […]
Divorce granted by Islamic Clerics holds no legal validity, holds Madras HC
The Madras High Court ruled that the certificates issues by Kazis (Islamic Clerics) are not valid for purposes of the courts and legal proceedings. These certificates are only an opinion and have no legal sanctity as per Section 4 of the Kazis Act, 1880 which does not confer the Office of Kazi any judicial or […]
Government asked to review its position on conjugal relations involving a minor
The Supreme Court has asked the central government to examine the need to amend a provision in the Indian Penal Code (IPC) that provides immunity to a man from being prosecuted for having sexual intercourse with his minor wife. This exception to Section 375 in the IPC grants immunity to a man for having sexual […]
Notice issued to social media sites on inaction over availability of rape videos
The Supreme Court has asked search engine and social media websites like Google and Facebook to explain why their platforms have been hosting illegal activities like rape videos. A notice has been issued to service providers to not allow subscribers to circulate objectionable material on their websites. The reported cases of cyber crimes have surged […]
Constitution of all-India birth database to check female foeticide ordered
A Supreme Court bench has passed 16 directions to ensure effective implementation of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act and rules under it. All states and the Union Territories in the country have been asked to maintain a centralized database of civil registration records so that information can be made […]
Governments directed to enforce provisions of SC/ST Act strictly
Responding to a petition by voluntary organizations lamenting the non-implementation of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the Supreme Court took cognizance of the fact that no special officers, nodal officers or protection cells had as yet been set up for the protection of members of the SC and ST […]
Regulation of advertisement relating to sex-selection directed
In ongoing hearings before the Supreme Court pursuant to the discussion on sex-selection, the Union government had submitted that despite auto-blocking a list of words, one could still avail of information pertaining to gender-tests on the internet. The respondent companies suggested that such searches ought to be protected under the right to freely access information. […]
Abortion in the 24th week of pregnancy permitted
In a case where the petitioner apprehended danger to her life after recognizing that her fetus was diagnosed with ‘anencephaly’, which leaves foetal skull bones unformed, the Supreme Court relied on the report of a medical board to warrant the conclusion that continuing the pregnancy posed a risk to the life of the pregnant woman. […]