Tag Archives: Legal Proceedings

Newsbeat

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.

Source.

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Newsbeat

Delhi Police Wraps Case Against Ex-WFI Chief

Delhi Police Concludes Arguments on Sexual Harassment Charges Against Ex-WFI Chief Brij Bhushan Singh: Legal Proceedings, Jurisdiction, and Witness Testimonies Unveiled

 
Background:
The Delhi Police has wrapped up its arguments concerning the charges against Brij Bhushan Sharan Singh, former chief of the Wrestling Federation of India (WFI) and BJP MP. The charges are related to an alleged sexual harassment case filed by female wrestlers.
 
Court Proceedings:
The matter is currently at the stage of framing charges before the Rouse Avenue Court. The Delhi Police argued that incidents of alleged sexual harassment, whether occurring overseas or within India, are part of the same transaction, giving the court jurisdiction to try the case.
 
Upcoming Dates:
After considering the Delhi Police’s arguments, the court has scheduled further proceedings for January 20 and 23. The court will hear the complainants’ attorneys’ submissions on these dates.
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Arguments Presented:
– Jurisdiction: The Delhi Police asserted that the court has jurisdiction over the case, given that incidents of alleged sexual harassment are part of a single transaction.
– Intention Requirement: The police argued that for the charge of sexual harassment, intent is not necessary; knowledge alone is sufficient.
– Delay in Filing Complaints: The Additional Public Prosecutor contended that the case is not time-barred, citing Section 354 of the IPC with a maximum punishment of five years.
– Victims’ Fear: The police claimed that the delay in filing complaints was due to the victims’ fear of jeopardizing their wrestling careers, as the sport is highly revered in their communities.
 
Accused’s Justification:
The accused, Brij Bhushan Sharan Singh, justified his actions by claiming to act in a fatherly manner while checking the breathing patterns of female wrestlers. The prosecution argued that this justification indicates an awareness of his actions.
 
Details of Allegations:
The case involves six female wrestlers who filed complaints against Singh, alleging sexual harassment in various locations, including overseas. The incidents include inappropriate touching during breathing pattern checks and compromising attempts.
 
Witnesses and Statements:
A total of 44 witnesses, including the victims, have been named in the case. Statements from complainants were read in court, describing incidents in Kazakhstan, New Delhi, Mongolia, Bellary Karnataka, Tokyo, and Jakarta.
 
Ongoing Proceedings:
This case was reopened as the predecessor judge handling the framing of charges was transferred. The court is now considering arguments regarding jurisdiction, the nature of the offenses, and the continuity of sexual harassment as a charge.
 
Upcoming Hearings:
On the next hearing dates, the court will hear the submissions from the complainants’ counsel. The case involves multiple incidents, both within India and abroad, making it a complex matter for legal consideration.
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