The Supreme Court ruled that anybody conducting a 'two-finger test' on rape victims shall be held guilty of misconduct.

The Supreme Court’s judgment stated that unmarried women can seek abortion of pregnancy in the term of 20-24 weeks arising out of a consensual relationship New Delhi: Supreme Court on September 29, ruled that all women have the right to safe and legal abortion. Making a distinction between married and... The post appeared first on .

The Supreme Court’s judgment stated that unmarried women can seek abortion of pregnancy in the term of 20-24 weeks arising out of a consensual relationship New Delhi: Supreme Court on September 29, ruled that all women have the right to safe and legal abortion. Making a distinction between married and... The post appeared first on .

New Delhi [India], May 11 (ANI): The two-judge bench of Delhi High Court on Wednesday delivered spilt judgement on a batch of petitions seeking the criminalisation of marital rape.

New Delhi [India], [India], May 10 (ANI): The Supreme Court on Tuesday declined to stay the Karnataka High Court judgment which had refused to quash the case of marital rape filed against a husband on a complaint by his wife.

New Delhi Mar 24 PTI The significant verdict by the Karnataka High Court that a man cannot escape trial for rape only because the victim is his wife on Thursday drew mixed reactions from the parties who have argued on the issue of marital rape before the Delhi High CourtWhile counsel for one of the petitioners here who has sought striking down of the exception granted to husbands under the Indian rape law welcomed the Karnataka High Court verdict a mens rights activist said the judgement sets an extremely dangerous precedentHowever other lawyers representing several petitioners refused to comment saying the matter is sub-judice in the Delhi High CourtSection 375 of the Indian Penal Code IPC which defines the offence of rape has the Exception-2 clause that says the non-consensual intercourse or sexual act by a man with his wife not below 15 years is not a rapeThis exception has been under challenge in various petitions filed in the Delhi High Court which reserved its judgement in the matter in February and in the Karnataka High CourtAdvocate Raghav Awasthi who is representing NGOs RIT Foundation and All India Democratic Womens Association before the Delhi High Court said though he has not gone through the entire judgement of the Karnataka High Court it is a welcome stepWith this we really hope that more awareness will come in the country in future he saidHowever Amit Lakhani who is representing Mens Welfare Trust which is an intervenor in the petitions said there is a strong and evident push in the recent times to remove the exception from Section 375 of IPC so that the same rape law which was designed keeping in mind the offence where the perpetrator is not the husband to be now applied on husbandThis recent judgement will only add to this push without application of judicial minds to bring in another draconian law which would not just be unconstitutional in many ways but would serve as a handle for misuse and enable wife to cash in from failed marriages where as husband once accused would go behind bars lose his job child money self-esteem and would carry a tag of rapist even if case is proved to be false after years of trial and acquittal he said He added The judgement sets an extremely dangerous precedent where the judiciary steps into the shoes of the legislature by interpreting or rather misinterpreting the act and crossing the judicial boundaries The Karnataka High Court in its March 23 verdict has held that a man cannot escape trial for rape only because the victim is his wife as it is against the right to equality and suggested that lawmakers should heed the voices of silence and remove the inequalities in statute The age-old regressive thought that the husbands are the rulers of their wives their body mind and soul should be effaced it said while refusing to drop the charge of rape against the petitioner who had allegedly sexually assaulted his wifeWoman and man being equal under the Constitution cannot be made unequal by Exception-2 to Section 375 of the IPC it further said noting that it is for the lawmakers to ponder over the existence of such inequalities in lawBefore the Delhi High Court while the central government had not placed its clear stand on the issue of criminalisation ofmaritalrape it had said that a stand could only be taken by the Centre after consultations with state governments and other stakeholdersIt had said that since this case could have an impact on social and family life with far reaching consequences the Centre can place its stand only after a consultative processIn its 2017 affidavit the Centre had opposed the pleas submitting that marital rape cannot be made a criminal offence as it could become a phenomenon that may destabilise the institution of marriage and an easy tool for harassing husbandsHowever the Centre told the court in January that it was re-looking at its earlier stand on the petitions as that was brought on record in the affidavit filed several years agoThe petitioners have challenged the constitutionality of the marital rape exception under Section 375 IPC rape on the ground that it discriminated against married women who are sexually assaulted by their husbands PTI SKV SA

Bengaluru Mar 23 PTI The Karnataka High Court on Wednesday said that a brutal act of sexual assault on the wife against her consent albeit by the husband cannot but be termed to be rape It said such sexual assault by a husband on his wife will have grave consequences on the mental state of the wife it has both psychological and physiological impact on her Further stating that such acts of husbands scar the soul of the wives the court observed that it is therefore imperative for the lawmakers to now hear the voices of silence The single judge bench of Justice M Nagaprasanna made these observations while refusing to interfere with the proceedings initiated against a man the petitioner on charges of rape cruelty as also offences under the POCSO Act for alleged sexual acts against his wife and daughter If a man a husband a man he is can be exempted from the allegation of commission of ingredients of Section 375 of the IPC rape inequality percolates into such provision of law the court said Stating that all human beings under the Constitution are to be treated equal be it a man be it a woman and others it said any thought of inequality in any provision of law would fail the test of Article 14 of the Constitution Woman and man being equal under the Constitution cannot be made unequal by Exception-2 to Section 375 of the IPC it further said adding it is for the lawmakers to ponder over the existence of such inequalities in law Further pointing out that for ages man donning the robes of a husband has used the wife as his chattel but his crude behavior notwithstanding his existence because of a woman the court said The age-old thought and tradition that the husbands are the rulers of their wives their body mind and soul should be effaced It is only on this archaic regressive and preconceived notion the cases of this kind are mushrooming in the nation PTI KSU RS SA SA

New Delhi [India], January 24 (ANI): The Centre on Monday informed the Delhi High Court that it is consulting with several stakeholders and therefore will need more time on issues relating to various pleas demanding criminalization of marital rape.

New Delhi Jan 24 PTI The issue of criminalisation of marital rape involves family issues as well as the dignity of a woman and cannot be looked at from a microscopic angle the Centre on Monday told the Delhi High Court as it said that it was not possible for it to immediately respond with its standSolicitor General Tushar Mehta appearing for the Centre stated that he would be doing an injustice to the citizens if the governments case is put in a half-hearted way and urged the court to allow a reasonable time to place their position after consultation with the stakeholders especially when there is no imminent threat to anyone in the meantimeYour lordships are not just deciding the statutory or constitutional validity of a provision It may not be looked at from that microscopic angle Here the dignity of a woman is at stake There are family issues There would be several considerations which would weigh with the government to take a position to assist your lordship he told the courtIt would not be possible for Centre to respond immediately particularly when there is no imminent threat that something is going to happen to someone I would reiterate my request that we would need a reasonable he statedMaintaining that the Centre has to be very conscious the solicitor general asserted that in view of the petitioners submissions and a similar stand taken by the amicus curiae appointed by the court it would not be appropriate for the central government to not tell the court to have a wider view of the matterI dont feel it would be appropriate for the central government either not to tell your lordships to have a wider view of the matter by inviting other stakeholders orwe will have to consider it in a holistic manner he submittedJustice Rajiv Shakdher who is heading the bench dealing with the petitions challenging the marital law exception in rape law said that the matter cannot be kept hanging and the court would like to conclude the hearingsIm not saying no Let her amicus finish Ill give you another week- ten days but beyond that it becomes difficult for me to say we will hear we will hear Come back to me in 10 days the judge saidFor some people and here there is a live case of one of the petitioners every day matters for a simple reason that some say this abuse is happening maybe not reported but this is happening Now it cant be our answer that listens it has been there for 100 years now what is the urgency Now that weve started wed like to conclude said Justice Shakdher who added that given the importance of the issue whoever is aggrieved party would carry it to the next courtThe solicitor general said that lives were at stake and reiterated that time was needed to place the Centres formulated stand before the court after consultation The bench also comprising Justice C Hari Shankar is hearing PILs filed by NGOs RIT Foundation All India Democratic Womens Association a man and a woman seeking striking down of the exception granted to husbands under the Indian rape lawThe Centre on January 13 had told the high court that it was considering a constructive approach to the issue and has sought suggestions from several stakeholders and authorities on comprehensive amendments to the criminal lawCentral government standing counsel Monika Arora had told the bench that the Centre was undertaking a comprehensive task of amending the criminal law which includes section 375 rape of the IPCOn January 17 the court had asked the Centre to clarify its in-principle position on the issue of criminalising marital rape after the government sought time to formulate and place its considered standThe central government in its earlier affidavit filed in the case has said thatmaritalrapecannot be made a criminal offence as it could become a phenomenon that may destabilise the institution of marriage and an easy tool for harassing the husbandsThe Delhi government has told the court thatmaritalrapewas already covered as a crime of cruelty under the IPC The petitioners have challenged the constitutionality of themaritalrapeexception under section 375 IPC rape on the ground that it discriminated against married women who are sexually assaulted by their husbands The hearing in the case will continue on January 25PT ADS RKS RKS

Mumbai Nov 22 PTI ZEE5 on Monday announced that its upcoming suspense thriller movie 420 IPC will start streaming on the platform from December 17Directed and written by Manish Gupta best known for penning the dialogues of the Akshaye Khanna-starrer Section 375 the movie stars Vinay Pathak Ranvir Shorey Gul Panag and Rohan Vinod Mehra in pivotal rolesZee Studios and Kyoorius Digital PL are producing the filmThe story centres on a chartered accountant Pathak who is arrested for an economic offence Mehra plays the part of his lawyer while Shorey essays the role of an eccentric Parsi public prosecutor Panag will play the wife of Pathaks characterCalling 420 IPC a riveting suspense film Manish Kalra Chief Business Officer ZEE5 India said the courtroom drama will surely entertain the audience420 IPC is a riveting suspense film involving an economic offence This courtroom drama is sure to keep the audience hooked till the last frame and we are thrilled to bring this forth in collaboration with Manish Gupta who has delivered another engaging script post the success of Section 375 Kalra said Producers Rajesh Kejriwal and Gurpal Sachar said they are excited to release the film on a platform like ZEE5Our vision is to produce content driven cinema hence we chose 420 IPC as our maiden co-production with Zee Studios as this is a power packed script written and directed by Manish Gupta We are excited to partner with a homegrown platform like ZEE5 which is available in over 190 countries and are sure that 420 IPC will see great success they said in a joint statementGupta said the film is a result of the extensive research he did while writing the story An intricate web-like plot woven around the mechanics of economic offences is the crux of the film and the mystery unfolds slowly and steadily in the film keeping one intrigued till the end The film is a result of extensive research and I am glad that the viewers will finally get to see the outcome soon on ZEE5 the director added PTI SHD RDS RDS