33 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 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 06.09.17 by

Whatsapp-Facebook Privacy Case- Day 4 Arguments

Karmanya Singh Sareen vs. Union of India (SLP (C) No. 804/2017) will decide if Whatsapp’s data sharing deal with Facebook violates the user’s right to privacy. Today, a 5-Judge Bench, consisting of Justices Dipak Misra, A. K Sikri, Amitava Roy, A. M. Khanvilkar and M. M. Shantagoudar, heard arguments on maintainability of the case. Ms. Madhavi Divan, appearing for the Petitioners, began by noting… Read More

Observer Desk

Posted on 05.09.17 by

Interview with Sr. Adv. Kapil Sibal (Part II) – on Privacy Judgment

In the Privacy case, Mr. Sibal appeared for the States of Karnataka, West Bengal, Puducherry, Punjab and argued for the recognition of privacy as a fundamental right. In this interview with Supreme Court Observer, he speaks about these judgements, while also explaining the implications in larger societal context.  6) An unanimous nine judge bench recognised… Read More

Observer Desk

Posted on 05.09.17 by

Interview with Sr. Adv. Anand Grover (Part II) – On Privacy Judgment

The Supreme Court Observer spoke to Senior Advocate Anand Grover, one of the counsels arguing for the recognition of privacy as a fundamental right in the Right to Privacy case. In part two, of his two part interview, with Supreme Court Observer he speaks about this judgment, its impact on individuals as well as state,… Read More