In 2005, about 6780 cases were recorded of women murdered by their husbands or their in-law families. Marital rape is still not considered as an offence in India. Despite numerous amendments, law commissions and legislations, this humiliating act is still not an offence in India. The study ‘Marital rape under Indian law’ talks about the need for new legislations to protect women against marital rape inside the ‘secure’ environment of a home. In a male dominated society like India, women would be empowered in real sense only when marital rape is criminalized.
A Bombay bookseller, the appellant in this case, was prosecuted under Section 292 IPC for selling and keeping for sale the well-known book, Lady Chatterley’s Lover, written by D.H. Lawrence. The Supreme Court after going into the common-law history of the obscenity offence, the Court settled upon Cockburn C.J.’s famous ‘Hicklin Test’ , enunciated in 1868, according to which obscenity is something that would “ ..... deprave and corrupt those whose minds are open to such immoral influences, and into whose hands a publication of this sort may fall .... it is quite certain that it would suggest to the minds of the young of either sex, or even persons of more advanced years, thoughts of a most impure and libidinous
Marriage is a sacred institution which has lost its meaning in this day and age. People nowadays have the forgotten the true meaning of getting married and they have lost touch with what really matters, we are witnessing soaring divorce rates and an increase in Mariticide. This essay will shed some light on one of the leading causes of divorce, the reason why people commit it and also why there should be a law enacted against adultery. Adultery, also known as Infidelity, is the act of having sexual intercourse between a married person and a person who is not his/her spouse. In every person’s mind, they know that adultery is wrong and yet it still isn’t considered a criminal offense in Fiji.
The biggest cause which result domestic violence includes poverty, illiteracy, male dominance, drug abuse and alcoholism, extra marital affairs and effect of TV programmes and cinema. The Preamble in the Indian Constitution holds different objectives including “the uniformity of status and chance” to all subjects. It has been the groundwork for enactment like Modern Hindu Law which points at giving equivalent status and right to women. The constitution of India provides various provisions which bar the State to separate on the foundation of sex. Further there are many legislations which provides protection to women which
Abstract The aim of this report is to understand the status of inter religious marriages in the Indian society. In this report the researcher has presented the case of PUSHPENDRA @ CHHOTU & ANR v. STATE OF U.P.& ORS with which the researcher has tried to throw light on plight of the people who choose to contact an inter religious marriage. Research Methodology This report has been prepared by using doctrinal method of research. Introduction Inter religious marriage or inter faith marriage is a marriage between partners professing different religions. The Indian constitution under article 21 states that “No person shall be deprived of his life and personal liberty except according
In the present day scenario the law of Sedition is extremely questionable in India as well as in every one of the democratic nations. Typically, sedition is viewed as a subversive act, and the overt acts that may be prosecutable under sedition laws vary from one legal code to another. Where the history of these legal codes has been traced, there is also a record of the change in the definition of the elements constituting sedition at certain points in history. This overview has served to develop a sociological definition of sedition as well, within the study of state persecution.If we talk about sedition law in India, it is defined in section 124 of Indian Penal Code 1860 as it stands today, deals with Sedition and carries with it a maximum punishment of life imprisonment. The law has been modified and interpreted to incorporate safeguards so it may withstand constitutional scrutiny.
The Indian Constitution guarantees special protection for the several religious and cultural minorities present in the country. However, within each of these communities there exist discriminatory practices that bind members of that community. For instance, women are prohibited from entering certain Hindu temples. The Bombay High Court, in State of Bombay v. Narasu Appa Mali (“Narasu”) distinguished personal laws from custom, and held that Article 13 would not cover personal laws in their unadulterated
Concept: In Indian constitution gender equality is enshrined with provision of positive discrimination in favour of women. In modern India women occupy position of leadership in most fields. Even in ancient India women enjoyed status equal to men or even better. The divine personification of feminine power was and is known as Shakti .The reasons for rape include sexual pleasure, socioeconomic, power, sadism, anger, and evolutionary. For example persons in power can coerce mating with little fear of reprisal.
As we know, the laws relating to crime and punishment are uniform same for all the citizens of India, and similar is case when we see the laws related to contracts and other affairs. Although as it is pretty evident the laws relating to family matters are not uniform in India and every religion has its own sets of personal laws governing them. Uniformity has been sought since a very long time in these personal laws so as to do justice to the basic principle of our country which is to treat all the citizens equally, and to do that everyone irrespective of their religion should be governed by the same laws. In this particular case of adoption, the different laws for Hindus and Non Hindus creates a very big emotional problem. The people who are non Hindu’s and want to adopt an orphaned child feel very helpless as legally they cannot be parents to the orphaned child which doesn’t seem fair at all and thus there is a need for uniform adoption laws in
On the International level also, India favours the equal status for women at par with men. India is a part of various conventions that are in the favour of providing equal rights to women and elimination of all kind of discrimination against women. Forerunner among these conventions is the ‘Convention on Elimination of All the Forms of Discrimination against Women (CEDAW) in 1993. There are a large number of provisions which are given to women to safeguard the interest of women. These provisions in the form of articles are as