LawLoveLegal

Marital Rape: NGO Seeks Intervention in Supreme Court  Introduction The debate around marital rape continues to intensify as the Justice for Rights Foundation , a non-governmental organization, files an application in the Supreme Court of India. The NGO expresses concerns over the potential misuse of laws if marital rape were to be criminalized, arguing that existing legal provisions already protect women from abuse within marriage. Concerns Over Legal Misuse In their application, the NGO cites Section 498A of the Indian Penal Code , which has been widely criticized for its potential misuse. They argue that criminalizing marital rape could create an additional tool for malicious prosecution, which could have severe implications for innocent husbands. The application states:   > "Accusations of rape carry a severe social stigma, and false allegations could irreparably harm the reputation and lives of innocent husbands." Existing Protections The Justice for Rights Found...

Second Case Filed Against Director Ranjith for Sexual Assault Kerala police have registered a second sexual assault case against well-known film director Ranjith. This development follows a complaint by an aspiring male actor, bringing further attention to the issue of sexual misconduct in the Malayalam film industry. Details of the Second Complaint The latest complaint was filed in Kozhikode by an aspiring male actor who alleges that Ranjith sexually assaulted him in 2012. According to the actor, Ranjith had invited him to a hotel in Bangalore for an audition. During the audition, Ranjith allegedly forced the actor to strip naked and then sexually assaulted him. The actor, initially believing this was part of the audition process, realized the gravity of the situation the following morning when Ranjith offered him money. The actor later filed a formal complaint with the Director General of Police (DGP), which is now under investigation by a Special Investigation Team (SIT). Previous A...

Supreme Court Upholds Maintenance Rights for Muslim  Women under Section 125 CrPC In a landmark decision, the Supreme Court of India has ruled that Section 125 of the Code of Criminal Procedure (CrPC), which grants the right to maintenance, applies to all married women, including Muslim women. This ruling ensures that Muslim married women can claim maintenance from their husbands under these provisions, providing a significant legal safeguard for their financial security. Empowering Indian Homemakers The bench, comprising Justices BV Nagarathna and Augustine George Masih, emphasized the critical role of homemakers in Indian society. The court highlighted the need for Indian men to recognize the contributions and sacrifices of homemakers, who are often the backbone of the family. It urged men to provide financial support to their wives, suggesting the use of joint bank accounts and ATMs to ensure access to financial resources. Applicability to Divorced Muslim Women The court clarifi...

Supreme Court Issues Notice to Centre on Marital Rape Exception Challenge in New Criminal Law The Supreme Court of India on Friday issued a notice to the Centre regarding a plea challenging the retention of the marital rape exception in the new criminal law, Bharatiya Nyay Sanhita. This significant move came as a bench headed by Chief Justice of India DY Chandrachud decided to tag the matter with an existing petition challenging the same provision under the Indian Penal Code (IPC), scheduling further hearings for July. Petition by All India Democratic Women's Association The plea challenging the marital rape exception was filed by the All India Democratic Women's Association (AIDWA), with Senior Advocate Karuna Nundy representing the petitioner. The AIDWA's petition is part of a broader movement seeking the removal of legal protections that currently exempt husbands from rape charges within marriage. Background of the Issue Several petitions have previously been filed in th...