Marital Rape, Mother's Choice In MTP Cases, POCSO Act & More: Important Rulings of Delhi High Court In 2022

LiveLaw reported 1216 judgments from Delhi High Court in 2022. Here are some of the important decisions:Delhi High Court Passes Split Verdict On Criminalizing Marital Rape, Justice Rajiv Shakdher Holds Exception 2 Of Section 375 IPC UnconstitutionalCase Title: RIT Foundation v. UOI and other connected mattersCitation: 2022 LiveLaw (Del) 433The Delhi High Court passed a split verdict on a batch of petitions challenging the exception to Section 375 of the Indian Penal Code, which exempts forceful sexual intercourse by a man with his own wife from the offence of rape.Justice Rajiv Shakdher has held that the exemption to the husband from the offence of marital rape is unconstitutional. Exception 2 of 375, 376B IPC was therefore struck down by him as violative of Article 14."The impugned provisions in so far as they concern a husband having intercourse with his wife without consent are violative of Article 14 and are therefore struck down," Justice Shakdher held.However, Justice C Hari Shankar said that he does not agree with Justice Shakdher. Justice Harisankar has held that Exception 2 to Section 375 does not violate Constitution and that the exception is based on an intelligible differentia.Also Read: Forced Sex By Husband On Wife Should Be Labelled Rape; Right To Withdraw Consent Part Of Woman's Right To Life & Liberty : Justice Rajiv Shakdher On Marital RapeAlso Read: 5 Reasons Why Striking Down Marital Rape Exception Will Not Create A New Offence : Justice Rajiv Shakdher ExplainsAlso Read: Assumption That Wife Forced To Have Sex With Husband Feels Same Degree Of Outrage As Woman Raped By Stranger Is Unrealistic : Justice Hari ShankarAlso Read: Striking Down Marital Rape Exception Will Result In Creation Of New Offence: Justice C Hari Shankar Differs With Justice ShakdherAlso Read: Rape Laws Should Be Gender Neutral, Steps Required To Be Taken By Legislature Or Executive: Justice Shakdher In Marital Rape JudgmentIndian Courts Can Direct Telegram To Disclose Info Of Copyright Infringers Using Its Platform, Server Being In Singapore No Defence: Delhi HCCase Title: NEETU SINGH & ANR. v. TELEGRAM FZ LLC & ORS.Citation: 2022 LiveLaw (Del) 822The Delhi High Court has observed that copyright infringers cannot be permitted to seek shelter under messaging platform Telegram's policies merely on the ground that its physical server is in Singapore.Justice Pratibha M Singh added that Indian Courts would be perfectly justified in directing Telegram, which runs its massive operations in India, to adhere to Indian law and orders passed by them for disclosure of relevant information relating to infringers.The bench further observed that the disclosure of personal data for the purpose of any proceedings, which would include proceedings related to infringement of copyright, would be a recognized exception to data privacy under Personal Data Protection Act, 2012 of Singapore.Also Read: After Delhi High Court Ruling, Telegram Discloses Names,Phone Numbers & IP Addresses Of Users Accused Of Sharing Infringing MaterialAlso Read: Telegram Shares User Information In Second Copyright Infringement Case, Delhi High Court Says Its Disclosure To Police PermissibleAlso Read: Delhi High Court Orders Telegram Messenger To Disclose Identity Of Users Sharing Dainik Jagran's ePaperMother's Choice & Quality Of Unborn Child's Life Deciding Factors For Final Decision: Delhi High Court On Termination Of Pregnancy With Fetal AbnormalitiesTitle: MRS. X v. GNCTD & ANR.Citation: 2022 LiveLaw (Del) 1145The Delhi High Court this week ruled that ultimate choice in the pregnancy cases involving fetal abnormalities is of the mother and emphasised that the medical boards in such cases must give qualitative reports."In conclusion, the Court holds that the ultimate decision in such cases ought to recognize the choice of the mother, as also, the possibility of a dignified life for the unborn child," said Justice Prathiba M. Singh in the ruling, while allowing a 26-year-old married woman's plea seeking medical termination of her foetus of over 33 weeks suffering from cerebral abnormalities.Justice Singh said the opinion of the medical board in such cases of termination of pregnancy is of considerable importance for the assistance of the courts. "Such opinions cannot be sketchy and fragmented. They ought to be comprehensive in nature," said the judge.The court further said that in such cases, speediness coupled with qualitative reports is of utmost importance."There ought to be some standard factors on which the opinion should be given by the board to whom such cases are referred. Such factors ought include medical condition of the fetus. While giving the scientific or medical terminologies, some explanation in laypersons terms as to the effect of such condition ought to be mentioned. Alternatively, medical literature could be an annexed with opinion."Mother Cannot Be Deprived Of Freedom To Take Decision To Continue Or Not Continue With Pregnancy": Delhi HC...

Marital Rape, Mother's Choice In MTP Cases, POCSO Act & More: Important Rulings of Delhi High Court In 2022

Nupur Thapliyal

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