Today, On 18th February, The Delhi High Court scheduled a hearing for March 6 on a plea by expelled BJP leader Kuldeep Sengar. He is challenging his 10-year prison sentence in the custodial death case of the Unnao rape survivor’s father. Sengar was convicted for his role in the case, which sparked nationwide outrage. The court will review his appeal and decide on the matter.
New Delhi, Feb 14: The Supreme Court of India has ruled that courts cannot instruct the legislature on how to frame laws. A bench comprising Justices B R Gavai and Augustine George Masih made this observation while hearing an appeal against a Delhi High Court order from February 2024.
The Supreme Court today (18th Dec) reserved judgment on a petition advocating for a comprehensive rehabilitation framework and enhanced victim protection in human trafficking cases. Senior Advocate Aparna Bhat argued the lack of effective institutional measures, emphasizing the need for a specialized agency, while the Union contended existing laws and structures are adequate for addressing trafficking.
Today, On 2nd December, The Bombay High Court criticized the CID for its negligent investigation into the murder of Akshay Shinde, an accused in a sexual assault case. The court expressed concerns about the lack of seriousness, emphasizing the need for thorough investigations to ensure justice. A hearing is scheduled for January 20, 2025, for further review.
Today, On 25th November, the Bombay High Court dismissed a plea by Mihir Shah and his driver, contesting their arrests in a fatal hit-and-run incident. The court upheld the legality of the arrests, rejecting claims of unlawful detention. This ruling is significant for the ongoing case following the tragic death of Kaveri Nakhwa.
The Supreme Court of India Today (Oct 23), postponed the hearing of multiple petitions that seek the criminalization of marital rape in the country. The hearing, overseen by a Bench composed of Chief Justice of India (CJI) DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, was deferred after the counsel from both sides laid out the time required for presenting their arguments. According to the submissions made by the lawyers, each side will need at least one full day to make their case. This led the Court to conclude that a judgment cannot be delivered before CJI Chandrachud’s retirement, which is scheduled for November 10, 2024.
Today, On 22nd October, the Supreme Court began hearings on marital rape, examining whether husbands should be exempt from prosecution. Petitioners argue for legal equality for women, challenging existing provisions in Indian law. Advocates highlight that criminalizing marital rape does not threaten marriage, while the government warns of potential negative impacts on marital relationships.
The Meghalaya government has officially banned the ‘two-finger test,’ a controversial practice used to assess sexual history in survivors of rape. The decision, communicated to the Supreme Court and detailed in a June 27, 2024, circular, aims to ensure respectful and dignified treatment for survivors, with strict penalties for non-compliance.
The Delhi High Court revoked a bail order in a rape case due to the alleged victim not being given the opportunity to be heard, violating her rights. The court highlighted the importance of the victim’s participation in judicial proceedings, emphasizing the need to uphold their rights at every stage following the offense. The accused must submit a new bail application within two weeks.
