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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 […]
SHe-Box: Sexual Harassment electronic box launched for registering Sexual Harassment at Workplace complaints
The Ministry of Women & Child Development has launched an online complaint management system titled Sexual Harassment electronic–Box (SHe-Box) for registering complaints related to sexual harassment at workplace, purportedly, to ensure effective implementation of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act (the SHW Act), 2013 by encouraging reporting through ease of access to an […]
Parliamentary Panel releases report on Surrogacy (Regulation) Bill, 2016
The Parliamentary Panel released a report critiquing the Surrogacy (Regulation) Bill, 2016. While the report suggested that surrogacy in India must be regulated, referring to the socio-economic differences and power differential between the surrogates and the intending parents, it criticized the Bill on many counts. The bill limits the availability of surrogacy services to couples […]
New Parliamentary report on Transgender Rights finds crucial gaps in draft law
The Social Justice and Empowerment Committee has released its report on the draft Transgender Persons (Protection of Rights) Bill. Since the introduction of the draft bill in August last year, various human rights organizations and activists had raised concerns over some of its provisions. The new report addresses the concerns raised, noting the bill’s failure […]
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 […]