Posts

Showing posts with the label Women Rights

Supreme Court Calls for Syllabus Reforms to Eradicate Dowry, Flags Pendency of Dowry-Related Cases

Image
Introduction In a landmark judgment underscoring the constitutional obligation to eliminate dowry, the Supreme Court of India has observed that eradicating the dowry system is not merely a matter of statutory enforcement but a constitutional imperative . The Court has urged the Union and State governments to consider amending educational curricula to raise awareness among young citizens about the social evil of dowry and has directed High Courts to compile data on pending dowry-related cases to ensure their expeditious disposal. Background of the Case The directions were issued while deciding a 24-year-old criminal appeal arising from a dowry death case registered in 2001 in Bijnor, Uttar Pradesh . The accused, Aslam Beg , was convicted for setting his wife, who was barely 20 years old , on fire. In October 2003 , a trial court convicted Aslam Beg and his mother Jamila , sentencing them to life imprisonment . In 2017 , the Allahabad High Court acquitted both accused. The Supreme...

Karnataka High Court Expands the Scope of Cruelty Under Section 498A: Live-In Partners Can Be Prosecuted

Image
The Karnataka High Court has delivered a significant ruling with far-reaching implications on the interpretation of cruelty under Section 498A of the Indian Penal Code. In a judgment dated 18 November, Justice Suraj Govindaraj held that even individuals in live-in relationships , void marriages , or voidable marriages may be prosecuted for cruelty—so long as the essential ingredients of the offence are established. This decision strengthens legal protection for women in marital-like arrangements and prevents men from exploiting technicalities of marital validity to escape liability. Background of the Case A man approached the High Court seeking quashing of proceedings initiated under Section 498A by a woman he claimed was not his legally wedded wife. According to the complaint: The petitioner already had a valid subsisting marriage. He married the complainant in 2010 without disclosing his earlier marriage. The relationship continued until 2016, during which the woman al...

Court’s Duty to Uphold Women’s Dignity and Autonomy: Madras High Court’s Landmark Ruling

Image
The Madras High Court has reaffirmed that the judiciary’s responsibility extends beyond statutory interpretation—it also includes safeguarding the dignity, autonomy, and peace of women, especially after matrimonial disputes have lawfully ended. In a significant judgment delivered by Justice L. Victoria Gowri on November 13, the Madurai Bench dismissed a maintenance plea that sought to drag a divorced woman back into litigation nearly a decade after her mutual-consent divorce. This decision reasserts the Constitutional mandate under Article 21 and clarifies the limits of maintainability and locus standi in maintenance proceedings. Background of the Case Divorce and Settlement in 2014 The woman and her estranged husband obtained a mutual consent divorce in 2014. As part of the agreement: The mother voluntarily declined maintenance. Custody of the minor son was granted to the father. The father agreed to bear all maintenance expenses for the child. Both parties subsequent...

Triple Talaq: Supreme Court Seeks Data on FIRs Filed Under the 2019 Law

Image
Triple Talaq: Supreme Court Seeks Data on FIRs Filed Under the 2019 Law The Supreme Court of India has sought an affidavit from the Centre detailing the total number of FIRs registered and charge sheets filed under the Muslim Women (Protection of Rights on Marriage) Act, 2019 —the law that criminalizes Triple Talaq and imposes a jail term of up to three years for violators. 💡 Key Question Before the Court: Should Triple Talaq , which is already invalidated , be criminalized ? 🔍 What Is Triple Talaq? Triple Talaq , also known as Talaq-e-Biddat , is an instant divorce practice among certain sects of Indian Muslims , where a husband could unilaterally divorce his wife by simply uttering "Talaq" three times— verbally, in writing, or even over a text message! 📲📞✉️ This practice often left Muslim women in a state of social, financial, and emotional turmoil with no legal recourse . ⚖️ Supreme Court’s Intervention & the 2019 Law 🔹 August 22, 2017 – The S...