Sedition: Law Commission of India says Section 124A IPC should be retained; also suggests enhancement in punishment
Currently, Section 124A provides for life imprisonment or imprisonment upto 3 years. The Commission has suggested that the jail term of 3 years be enhanced to 7 years. The 22nd Law Commission of India headed by former Chief Justice of Karnataka High Court Ritu Raj Awasthi has recommended that Section 124A of the Indian Penal Code (IPC), which criminalises sedition, should be retained in the statute book with certain changes. A three-judge bench of the Supreme Court headed by the then Chief Justice of India N V Ramana had on May 11, 2022, put the provision in abeyance instead of deciding on its validity. This was after the Central government told the Court that it will re-examine and reconsider whether Section 124A needs to be retained. In its report, the Law Commission said that “Section 124A needs to be retained in the Indian Penal Code, though certain amendments, as suggested, may be introduced…
Bail cannot be denied to POCSO accused if victim avoids stepping into witness box: Jammu & Kashmir High Court
Taking into account the submission that the investigating agency was unable to trace the victim, the court noted that this could not be a reason to deny the statutory right of the accused. The High Court of Jammu & Kashmir and Ladakh on May 12 ruled that the conduct of a victim under the Protection of Children from Sexual Offences (POCSO) Act of avoiding stepping into the witness box was sufficient to entitle the accused bail [Ravi Kumar V/s Union Territory of J&K]. Justice Sanjay Dhar recorded that consideration of the bail plea could not be deferred indefinitely simply because the victim was keeping herself away from appearing in court. “It is not the case of the prosecution that trial is being delayed because of the conduct of the accused but it is a case where the victim is avoiding to step into the witness box. This conduct of the victim is…
Rape on woman’s dead body not offence under Section 375 IPC; high time Central government makes necrophilia an offence: Karnataka High Court
The Court urged the government to either amend Section 377 of the IPC or introduce a separate penal provision to criminalise necrophilia. The Karnataka High Court recently ruled that rape on the dead body of woman (necrophilia) would not attract the offence of rape under Section 375 of the Indian Penal Code (IPC) [Rangaraju @ Vajapeyi v State of Karnataka]. A bench of Justices B Veerappa and Venkatesh Naik also said that it would not come within the scope of unnatural offences under Section 377 of IPC. “A careful reading of Sections 375 and 377 of IPC makes it clear that a dead body cannot be called a human or person. Therefore, the provisions of Section 375 or 377 would not be attracted,” the Court said. It therefore, said that it is high time the Central government makes changes to IPC to make necrophilia an offence. Thus, the Court urged the government to either amend…
‘Prayer Completely Unwarranted’: Delhi High Court Rejects Woman’s Plea Seeking DNA Sample Of Husband, Father-In-Law For Matching With Own Children
Terming it a case with an unusual prayer, the Delhi High Court has dismissed a woman’s plea seeking directions for her husband and father-in-law to submit their DNA Samples before a DNA profiling agency in Rohini. The woman along with her two children had approached the court after the father-in-law allegedly “cast doubt” on their identity by claiming that “they are not Mehtas* but Aroras*”. Justice Prathiba M. Singh in the ruling said the prayers in the petition are extremely vague. However,the court added that DNA testing was being sought. “The settled legal position that DNA testing is to be ordered very sparingly and cannot be directed on the basis of allegations such as those that are made in this writ petition,” the court said as it refused to grant the prayer. The court relied upon Bhabani Prasad Jena v. Convenor Secretary, Orissa State Commission for Women wherein the apex…
Citizens cannot be forced to choose between right to education and right to reproductive autonomy: Delhi High Court
While deciding a case wherein an M.Ed. student sought maternity leave in the absence of specific provisions for the same, the Court pondered over the consequences society would impose upon a woman who bears a child. The Delhi High Court recently directed Chaudhary Charan Singh University in Meerut to allow an application for maternity leave by a Master of Education (M.Ed.) student if she fulfils the minimum attendance requirement [Renuka v. University Grants Commission]. While passing the order, Justice Purushaindra Kumar Kaurav underscored that citizens could not be forced to choose between their right to education and their right to exercise reproductive autonomy. “A man could then well enjoy parenthood while pursuing his higher education, whereas a woman necessarily has to undergo pre and post pregnancy care. It is not her choice, but the will of nature. What is, however, left for us to decide is the consequence we would impose upon…
Teachers are considered Gods in India: Karnataka High Court denies bail to teacher accused of sexually assaulting students
The Court said that because of the petitioner’s behaviour, parents will be reluctant to send their girl children to school. The Karnataka High Court recently denied bail to a teacher accused of sexually harassing and assaulting his minor girl students. [C Manjunath v. State of Karnataka and Anr] Justice Umesh M Adiga observed that the offences were heinous in nature and that the petitioner, without considering his position and status in society as a teacher, allegedly sexually harassed minor students. The Court further said that teachers in the country are considered gods but because of the petitioner’s behaviour, parents will be reluctant to send their girl children to school. “The alleged offence are heinous in nature. Mercilessly, without thinking his status and position in the society, he has sexually harassed students who were studying in IV and V classes. Guru or teacher are considered as God in this Country and respected like a…
Daughter-in-law’s right to live in shared household cannot be to the exclusion of in-laws: Delhi High Court
The Court ruled that the petitioner’s stance that her in-laws should not be allowed to live in their own property was contrary to the settled understanding of the subject. The Delhi High Court on Monday ruled that a daughter-in-law’s right in a shared household is not an indefeasible right and cannot be to the exclusion of the in-laws [Ritu Chernalia vs Amar Chernalia and Ors.] Justice Pratibha M Singh relied on the Supreme Court’s judgment in Satish Chander Ahuja vs Sneha Ahuja and said that it was clear that the right is not absolute and could not be to the exclusion of in-laws. Hence, the Court ruled that the petitioner’s stance that her in-laws should not be allowed to live in their own property was contrary to the settled understanding of the subject. “Thus, the concept of ‘shared household’ clearly provides that the right of the daughter-in-law in a shared household is not an…
Duty of every court to have sensitive heart, alert mind while conducting trial in sexual assault cases: Delhi High Court
The Court said that though the State and administration can provide modern infrastructure to judges, it cannot generate a sensitive heart of a judge. The Delhi High Court recently observed that it is the duty of every court to not only have a sensitive heart, but also an alert mind while conducting trials, especially in sexual assault cases [Sanjeev Kumar v. State]. While setting aside a trial court judgment convicting a man for rape, kidnapping and other offences, Justice Swarana Kanta Sharma noted that the material brought on record by the prosecution was insufficient to confirm his guilt. “It is also the duty of every Court to not only have a heart which is sensitive but also a mind which is alert while recording and conducting trial, especially in sexual assault cases, so that the trial is not diverted to a direction which is totally unconnected, uncalled for and causes further trauma…
Seeking details of call records, hotel stay to prove adultery does not violate right to privacy: Delhi High Court
The Court rejected an appeal by a man who invoked the right to privacy and challenged a family court order summoning hotel records where he stayed with his ‘friend’. The Delhi High Court recently held that demanding details of hotel room bookings and call detail records (CDR) for proving a case of adultery does not amount to violation of the right to privacy. Justice Rekha Palli held that the right to privacy is not an absolute right and is subject to reasonable restrictions if they are in public interest. “The Hindu Marriage Act specifically recognises adultery as a ground for divorce and therefore, it would not at all be in public interest that the Court should on the ground of right to privacy, come to the aid of a married man who, during the subsistence of his marriage, is alleged to have indulged in sexual relationships outside his marriage,” the order said. Justice…
HOW WITNESSING DOMESTIC VIOLENCE CAN AFFECT CHILDREN
For parents who fall victim to domestic violence, the abuse endured takes a toll on their well-being. However, parents who fall victim to domestic violence are not the only ones who are affected by domestic violence. Domestic violence can have negative effects on every member of the family, including children. The effects of domestic violence on children who watch their parents being abused are heart-breaking. Below is a look at how witnessing domestic violence can affect children. How Witnessing Domestic Violence Can Affect Children Emotionally Witnessing domestic violence can lead to children suffering many emotional consequences. Some of the emotional complications a child who has witnessed domestic violence can suffer include; Shame Guilt Intense grief Fear of abandonment Anger Self-blaming tendencies Embarrassment Depression Unfortunately, the emotional consequences of witnessing domestic violence can plague a child for years to come. For example, an anxious child raised in an abusive environment may…