18 results found.

On 23.11.2017, Additional Solicitor General Maninder Singh appearing on behalf of the Union of India commenced his arguments before the Constitutional Bench hearing the case pertaining to Special Status of Delhi, which had been granted to the National Capital Territory under Article 239AA. Mr Singh contended that Article 239AA is a complete code in itself… Read More

Observer Desk

Posted on 11.10.17 by

Child Marriage and Marital Rape Verdict: Marital Rape Exception in IPC not to apply where wife below 18.

A 2 Judge Bench of the Supreme Court delivering its verdict in Independent Thought vs. Union of India, on 11.10.2017 has held that Exception 2 to Section 375 of the Indian Penal Code, the provision that defines the offence of rape, which states that “Sexual intercourse or sexual acts by a man with his own wife, the… Read More

Observer Desk

Posted on 10.10.17 by

Euthanasia, Living Wills, & the Right to Die: Day 1 Arguments

On 10.10.2017, the first day of hearing in Common Cause vs. Union of India commenced before the 5 Judge Constitutional Bench comprising of the Chief Justice Dipak Misra, Justices A.M. Khanwilkar, D.Y. Chandrachud, A.K. Sikri and Ashok Bhushan.   Mr Prashant Bhushan, appearing for the petitioners, began by distinguishing between passive euthanasia, the subject matter of the reference, and active euthanasia, which was… Read More

Observer Desk

Posted on 09.10.17 by

Hadiya Marriage Case: Day 4 Arguments

On 09.10.2017, the fourth day of hearing, Dushyant Dave appearing for the petitioner and Hadiya’s husband Shafin Jahan stated  before the court that the Kerala High Court in 5 of its previous orders has taken note of the fact that Hadiya has admitted that she embraced Islam of her own volition with a number of affidavits being filed… Read More

Observer Desk

Posted on 03.10.17 by

Hadiya Marriage Case – Day 3 Arguments

On 03.10.2017, Day 3 of the arguments in the Hadiya case, Dushyant Dave appearing for Hadiya’s husband Shafin Jahan argued that the court had overstepped the limits of jurisdiction by ordering an NIA probe into the issue, for doing so was contrary to the very spirit of a multi-religious society. Mr. Dave further cited examples… Read More

Observer Desk

Posted on 07.09.17 by

Child Marriage and Marital Rape Exception in IPC: Day 3 Arguments (UoI)

On 06.09.2017, the third day of the hearing, Mr. Rana Mukherjee appearing for the Union of India presented his arguments before the Court hearing the limited challenge to Exception 2 to S. 375 of the IPC in Independent Thought vs. Union of India. Mr. Mukherjee’s arguments were three fold relying primarily on Parliamentary Committee reports and Law Commission… Read More

Observer Desk

Posted on 07.09.17 by

Child Marriage and Marital Rape Exception in IPC: Day 1 Arguments (Gaurav Agarwal)

A two Judge Bench of Madan B. Lokur and Deepak Gupta JJ. concluded hearing in Independent Thought vs. Union Of India, filed before the Supreme Court challenging the constitutional validity of Exception 2 to Section 375 of the Indian Penal Code to the extent that it creates an arbitrary classification between minor girls on the basis… Read More

Observer Desk

Posted on 07.09.17 by

Child Marriage and the Marital Rape Exception : Day 2 Arguments (Jayna Kothari)

On 05.09.2017, the second day of the hearing , Advocate Jayna Kothari appearing for the intervenor Child Rights Trust commenced her arguments before the Bench. Ms. Kothari’s arguments have been summarized below: Child marriages have adverse implications on the physical, mental and sexual health of the girl child owing to early onset of sexual activity and… Read More

Observer Desk

Posted on 29.08.17 by

The Right to Privacy : The 9 Judge Verdict in Plain English (Part II)

On 24th August, 2017 a 9 Judge Bench of the Supreme Court delivered a unanimous verdict in Justice K.S. Puttaswamy vs. Union of India and other connected matters, affirming that the Constitution of India guarantees to each individual a fundamental right to privacy. Although unanimous, the verdict saw 6 separate concurring decisions. Justice Chandrachud authored the decision speaking for… Read More