Some years back, I was sucked into the labyrinth of Indian Matrimonial laws and a false 498a in particular. To be fair, before it hit me, it was difficult for me to fathom the wide spread misuse of dowry laws and specially 498a in India.
CONSULTATION
Live in Relationship in India: Indian Society, which prides itself on ‘sanskar’ and ‘family’, is undergoing a metamorphosis in the Twenty-First Century. The Familial bonds are weakening. Also, many people stay away from their families in cities, mini-metros, and metros. These people staying as singles get into relationships more often than any other generation and have started a trend of […]
Communication between Husband and Wife is considered “Privileged Communication” besides being personal and sensitive at most times. As per the Law Dictionary, a conversation that takes place within the context of a protected relationship between an attorney and client, a husband and wife, a priest and penitent, and a doctor and patient is called Privileged […]
Is India Rape Capital Tag Justified Suddenly, the middle class got paranoid about the safety of their sisters, wives and daughters when ‘India’s Daughter’ was re-re-provoked by interest in Rapes happening in India. Re-re-provoked? Oh, just a couple of months back, it was Uber Rape Case, and then a few months back, there were two bodies […]
How is Consensual Sex converted to Rape? Many Indians accept that rape laws should not be used to manage personal relations, particularly in situations where women have agency and are entering into a relationship by choice and consent. Many in the judiciary, too, seem to share this opinion and, that to some extent, explains why […]
Age Determination of Rape Victim Offences related to sexual violence and sexual assault are very heinous, and if the victim is a minor, then her consent is statutorily and judicially of no value altogether. In such cases, in contrast to the common practice, the onus of proof is on the accused rather than the victim. […]
Would Removing Exception 2 from the Rape Law Benefit Indian Women? Sec 375 of the IPC (Rape: Proposed Section 63 of The Bharariya Nyaya Sanhita, 2023) mentions rape as “sexual intercourse with a woman against her will, without her consent, by coercion, misrepresentation or fraud, or at a time when she has been intoxicated or […]
Off with their heads; Off with their heads. Cried the red queen. We would fix the blame later. The above lines from “Alice in Wonderland” ring much too often in my ears whenever I see mob justice and people glorifying it and when the media is satisfied beating drums just to assist the brainwashing of […]
Court: Allahabad High Court Bench: Ashwani Kumar Mishra, Shiv Shanker Prasad Sandeep Kumar Mishra vs State Of U.P. on 16 February, 2023 Law Point: False allegations of sexual assault on the rise JUDGEMENT 1. Heard Shri Sudhir Mehrotra, Shri Pulak Ganguly, learned counsels for the applicants and Shri Shivam Yadav, learned counsel for the informant […]
Court: Allahabad High Court Bench: Ashwani Kumar Mishra, Shiv Shanker Prasad Nafisa And 4 Others vs State Of U.P. And 3 Others on 16 January, 2023 Law Point: False Rape Case accuser gang bail dismissed JUDGEMENT 1. At the very outset, learned counsel for the petitioners states that he does not propose to file any rejoinder affidavit […]
Court: Supreme Court of India Bench: Ajay Rastogi, Hon’ble Ms. Trivedi Naim Ahamed vs State (Nct Of Delhi) on 30 January, 2023 Law Point: Every Breach Of Promise To Marry Is Not ‘Rape’ : Supreme Court Acquits Man Sentenced To 10 Years Imprisonment JUDGEMENT 1. Leave granted. 2. The appeal filed by the appellant-accused is […]