Tag Archives: gender equality

Supreme Court to Rule on Marital Rape Laws

Supreme Court to Review Constitutional Validity of Marital Rape Laws Granting Immunity to Husbands

The Supreme Court of India is set to decide whether laws that provide immunity to husbands from prosecution for marital rape are constitutional. These laws, under both the Indian Penal Code (IPC) and the Bharatiya Nyaya Sanhita (BNS), currently state that a husband cannot be charged with rape if he forces his wife, who is not a minor, to have sex with him.

 

A bench led by Chief Justice D.Y. Chandrachud, along with Justices J.B. Pardiwala and Manoj Misra, is reviewing the issue. The court asked for the petitioners’ views on the government’s argument that criminalizing marital rape could harm marriages and disrupt family life.

 

Senior advocate Karuna Nundy, representing one of the petitioners, argued that the current exemption is unconstitutional. She claimed it violates several key rights, including the right to equality (Article 14), the right to freedom (Article 19), and the right to life and personal liberty (Article 21). Nundy urged the court to strike down the provision.

 

The court noted that Parliament, when creating the exemption, intended that a husband’s sexual act with his wife, if she is over 18, would not be considered rape. The justices now face the challenge of determining whether this immunity should be removed, and if so, whether the existing laws on rape would apply or if a new legal provision is needed.

 

This issue was brought to the Supreme Court after a split verdict in May 2022 by the Delhi High Court, which allowed the petitioners to appeal. The case involves significant constitutional questions, and the hearing is ongoing.

 

Under both the IPC and BNS, the current law states that sexual acts by a man with his wife, provided she is not a minor, are not considered rape. The government expressed concern that changing this law could lead to misuse, making it difficult to prove whether consent was given or not.

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ALSO READ | Hyderabad Woman Raped by Auto Driver

Telangana’s ‘Maha Lakshmi Free Bus’ Empowers Women: Zero Cost Travel

Telangana women eligible for ‘Maha Lakshmi Free Bus’ scheme with valid ID; ‘Zero Ticket’ to be issued

Hyderabad: Good news for women and the third gender in Telangana! The Telangana State Road Transport Corporation (TSRTC) has introduced the ‘Maha Lakshmi Free Bus’ scheme. This means eligible women from Telangana can now travel for free on City Ordinary, Express, Metro Express, and Palle Velugu buses.

The Chief Minister, A Revanth Reddy, will officially launch the scheme at 1:30 pm on Saturday from the State Assembly premises. After the launch, women ministers and MLAs are expected to hop on these buses.

To benefit from this free bus service, women need to be residents of Telangana and should carry valid ID cards with their addresses. These eligible women will then be issued a ‘Zero Ticket,’ allowing them to travel without any cost.

Importantly, there’s no limit on the distance these women can travel within the state. However, for interstate travel, the free scheme applies only up to the state borders. The initiative aims to make transportation more accessible for women in Telangana.

Kerala High Court Rules Women Are Not Slaves of Their Mothers or Mothers-in-Law

Kochi, Kerala: The Kerala High Court has ruled that women are not slaves of their mothers or mothers-in-law, and that they have the right to live their lives independently. The ruling came in a case where a woman had filed for divorce from her husband, alleging that he and his family had subjected her to cruelty.

The court observed that women are often seen as the property of their families, and that this attitude needs to change. The court also said that women have the right to make their own decisions about their lives, and that they should not be forced to live in a situation where they are being abused.

The court’s ruling is a welcome step, and it will help to empower women in Kerala. It is also a reminder that women have the same rights as men, and that they should not be treated as second-class citizens.

Background of the Case

The woman in the case had filed for divorce from her husband on the grounds of cruelty. She alleged that her husband and his family had subjected her to physical and mental abuse. The husband and his family denied the allegations.

The lower court had dismissed the woman’s petition for divorce. However, the Kerala High Court overturned the lower court’s ruling and granted the woman a divorce.

Court’s Observations

The Kerala High Court observed that women are often seen as the property of their families. The court said that this attitude needs to change. The court also said that women have the right to make their own decisions about their lives, and that they should not be forced to live in a situation where they are being abused.

The court said that women are not slaves of their mothers or mothers-in-law. The court said that women have the right to live their lives independently.

Impact of the Ruling

The Kerala High Court’s ruling is a welcome step, and it will help to empower women in Kerala. It is also a reminder that women have the same rights as men, and that they should not be treated as second-class citizens.

The ruling will also have a deterrent effect on those who engage in violence against women. It is a clear message that women will not be tolerated.

Conclusion

The Kerala High Court’s ruling is a landmark decision. It is a step in the right direction towards empowering women and ensuring their safety and dignity.