Kerala HC Dismisses Akhila Bharat Hindu Mahasabha’s Plea For Muslim Women’s Entry To Mosques [Read Judgment]

Kerala High Court on Thursday dismissed a petition filed by Akhila Bharat Hindu Mahasabha seeking directive to the Centre for issuing an order enabling Muslim woman to enter mosques for offering prayers.A division bench of Chief Justice Hrishikesh Roy and A.K.Jayasankaran Nambiar observed that the petitioner failed to establish that there's denial of women's entry to Kerala mosques. "The...

Mother Wouldn’t Falsely Accuse Child’s Father Of Rape Which Could Damage Daughter’s Marriage Prospects: Bombay HC [Read Judgment]

The Bombay High Court recently upheld the conviction of a father for raping his minor daughter, opining that the mother would have no reason to file a false rape case against him, as it can even damage “prospect of marriage” of the girl child.Justice AM Badar observed, “The incident in question is that of penetrative sexual assault by the father of the PW2/victim child. It...

Can Appellate Court Cancel Suspension Of Sentence On Application By Anyone Apart From Public Prosecutor?

At the pre-conviction stage i.e., during trial, an accused moves a bail petition u/s 439 CrPC before the Sessions Court or the High Court or u/s 437, as the case may be. Once she is convicted post-trial in a non-bailable offence and the sentence awarded is more than 3 years, the accused seeks suspension of the execution of sentence during the pendency of the appeal u/s 389 CrPC. It is, therefore, important to bear in mind that while Section 439 is at the pre-conviction stage, Section 389 is at...

“A Woman’s Body Is Not A Man’s Plaything”: MP HC Quotes SC, Says Sexual Relations On False Marriage Promise Amount To Rape [Read Judgment]

The Madhya Pradesh High Court recently reiterated that establishing sexual relations with a woman on false promise of marriage falls under the definition of rape and refused to quash an FIR filed against a man.Justice Sushil Kumar Palo referred to the judgement in the case of State of U.P. v. Naushad, wherein the Supreme Court had observed, “A woman’s body is not a man’s plaything and...

Having No Male Nurses In Indian Army Is Gender Discrimination: Delhi HC

The Delhi High Court Monday termed as "gender discrimination" the Indian Army's practice of having only women in its nursing service."It is gender discrimination, only other way round," a bench of Chief Justice Rajendra Menon and Justice V K Rao observed after it was informed that male nurses were not recruited into the Army's nursing branch.The court gave the Centre two months time to take...

Centre Notifies Transfer Of Judges To Manipur And Gauhati HCs

The Central government has notified the transfer of judges to High Courts of Manipur and Gauhati.The notifications make the following transfers: Justice Lanusungkum Jamir, who is currently functioning as an Additional Judge of Gauhati High Court, has been transferred to Manipur High Court. Justice Jamir completed his law course in the year 1988 from the North Eastern Hill University, and...

Delhi HC Permits CBI To File Closure Report In Missing JNU Student Najeeb Ahmed Case [Read Judgment]

The Delhi High Court has permitted the Central Bureau of Investigation (CBI) to file a closure report in the case concerning the disappearance of JNU student Najeeb Ahmed nearly two years ago.The verdict was issued on a petition filed by Fatima Nafees, Ahmed’s mother. During the last hearing, CBI had informed the court that it had not found any evidence of Ahmed being assaulted a day before...

The Sabarimala Judgment – III: Justice Chandrachud And Radical Equality

Justice Indu Malhotra’s dissenting opinion sets up a crucial constitutional question: how do you reconcile the Constitution’s commitment to pluralism – which entails respect for group autonomy – with the claims of equality and non-discrimination, addressed from within those groups? It is this question that is at the heart of Justice Chandrachud’s concurring opinion.Chandrachud J. sets up the issue in the introductory part of his judgment, where he observes that the Indian Constitution is...

Supreme Court’s Refusal To Interfere With The Deportation Of Seven Rohingya Refugees Violates International Law

The Supreme Court of India on Thursday refused to stop the deportation of 7 Rohingya refugees to Myanmar. While, with the men minutes away from the border, the Bench agreed to hear the interim application in view of the grave urgency, the matter was dismissed. In doing so, the Supreme Court accepted the arguments made by Mr. Tushar Mehta, appearing for the Government, and  agreed that the Rohingya refugees were ‘illegal immigrants’ and that they had “consented” to return to Myanmar. The...

Claim For Maintenance Not Must For Eviction Of Abusive Children; Parents Can Seek Eviction Of Legal Heirs From Ancestral Properties: Delhi HC [Read Judgment]

The Delhi High Court, while dealing with cases of eviction of legal heirs from the property on the ground of harassment of parents, was recently faced with two questions.Firstly, whether the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 provides for a remedy to Senior Citizens/parents of monetary maintenance by the children/relative or does it provide for eviction of...

Equal Pay For Equal Work To Sexual Autonomy: Read The Significant Judgments Of Supreme Court On Women's Rights

"I raise up my voice—not so I can shout, but so that those without a voice can be heard...we cannot succeed when half of us are held back."[1]―this were the words of Noble Prize winner Malala Yousafzai, who rightly pointed towards the indispensability of making every woman in the world self-sufficient as the development of human race would not be possible without it and the Indian judiciary has been prodigiously vibrant in influencing the course of social change by being the voice of women whose...

Delhi HC Acquits Suhaib Ilyasi After Holding His Wife Committed Suicide [Read Judgment]

Did Suhaib Ilyasi murder his wife or was it a case of suicide?The Delhi High Court on Friday concluded that it was a case of suicide thereby acquitting Ilyasi, who had been held guilty of murdering his wife by a trial court in December, 2017 and sentenced to life imprisonment.“The learned Additional Sessions Judge, Shahdara District, Karkardooma Courts, Delhi in a judgment dated 16th...