10 results found.

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 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 W.P.(C) 382/2013 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… 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 23.08.17 by

The Triple Talaq Case: Plain English

On 22.08.2017, the 5 Judge Bench of the Supreme Court of CJI J.S. Khehar, Abdul Nazeer J., Rohinton Nariman J., U.U. Lalit J., and Kurien Joseph J. pronounced its decision in the Triple Talaq Case, declaring that the practice was unconstitutional by a 3:2 majority. Triple Talaq or Talaq-e-Biddat,  a practice that allowed for a Muslim man… Read More

Observer Desk

Posted on 17.05.17 by

The Triple Talaq Case (Day 4 Arguments)

Mr. Kapil Sibal, Sr. Adv., representing the All India Muslim Personal Law Board (AIMPLB), began proceedings before the five-judge Constitutional Bench on the 4th Day of the Triple Talaq case. He contended that the court cannot interfere in practices like triple talaq as personal law is not ‘law’ under Article 13 and not subject to fundamental… Read More