29 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 23.09.17 by

Cow Vigilantism Case – Day 5 Arguments (Indira Jaising and Kapil Sibal)

The bench, comprising of Chief Justice Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud, began the day’s hearing by monitoring compliance with the orders issued in the previous hearing – namely that State Governments appoint nodal officers to monitor prevention and punishment of cow vigilantism. The hearing commenced with Ms. Indira Jaising, representing the… Read More

Observer Desk

Posted on 15.09.17 by

The Assam Accord Case – Day 1 and 2 Arguments (heard in 2017)

This matter is being heard before two Supreme Court benches – a five judge constitutional bench and a two judge bench. The constitutional question before the 5-Judge Bench, comprising of Justices Madan B.Lokur, R.K.Agrawal, Prafulla Chandra Pant, D.Y.Chandrachud, and Ashok Bhushan is the validity of Section 6A of Citizenship Act, 1955, which sets a different… 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 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