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The Supreme Court of India has reiterated an important legal and societal principle: not every failed or emotionally strained relationship can be criminalised as rape . In a significant judgment, a bench of Justices BV Nagarathna and R. Mahadevan quashed an FIR and charge sheet accusing a Maharashtra-based lawyer of rape and criminal intimidation, holding that the case involved a consensual long-term relationship which later turned bitter. This article examines the factual background, the Court’s reasoning, the legal provisions involved, and the judicial precedents that shaped this landmark ruling. Factual Background of the Case A woman had initially approached the lawyer for assistance in a maintenance case. Over time, the two entered into a long-term intimate relationship spanning nearly three years. The relationship later deteriorated. Subsequently, the woman filed an FIR alleging: Rape under Section 376 IPC Repeated rape under Section 376(2)(n) IPC Criminal intimid...

On 20 November, the Supreme Court of India delivered a significant ruling clarifying the constitutional functions of Governors under Article 200 and the President under Article 201 . The judgment addressed multiple questions referred by the President concerning delays in granting assent to state legislation and the extent of judicial oversight in such matters. This decision is critical for understanding the federal framework, the balance of powers, and the constitutional mechanisms governing state legislation. Powers of the Governor Under Article 200 Constitutional Options Before a Governor When a Bill is presented to the Governor under Article 200 , the Governor has three constitutional options: Grant assent to the Bill. Withhold assent and return the Bill (with recommendations) to the Legislature. Reserve the Bill for the consideration of the President. The power to return a Bill with comments does not apply to Money Bills. Whether Governor Is Bound by Council of ...

The Allahabad High Court has strongly criticised the functioning of Uttar Pradesh’s birth certificate issuance system, describing it as a “mess” and reflective of dishonesty operating at multiple administrative levels. The court’s observations came during the hearing of a writ petition that exposed the ease with which multiple birth certificates with conflicting details can be obtained in the state. Case Background: Two Birth Certificates, Two Different Dates of Birth Facts of the Petition The issue surfaced during the hearing of a writ petition filed by an individual named Shivanki . The Deputy Director of UIDAI, Regional Office, Lucknow, submitted documents that revealed the petitioner possessed two separate birth certificates , both issued by the Registrar of Births and Deaths, but: from two different authorities, and with two different dates of birth. Details of the Conflicting Certificates Certificate 1: Issued by: Primary Health Centre, Manauta Date of bir...

The Supreme Court of India has initiated a crucial examination of whether women advocates should be allowed to file sexual harassment complaints before state bar councils under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). This follows a petition challenging a Bombay High Court judgment that denied such protection on the ground that lawyers are not employees of bar councils. Background: Bombay High Court’s Controversial Interpretation On July 7, 2024 , the Bombay High Court ruled that women advocates cannot approach state bar councils with POSH complaints because: No employer–employee relationship exists between lawyers and bar councils. POSH Act mandates such a relationship to trigger its applicability. Therefore, bar councils cannot constitute a permanent POSH committee for lawyers. The ruling came in response to a petition by UNS Women Legal Association , and the judgment applied specifically to the Bar Co...

The Supreme Court of India has published a landmark institutional report titled “Judicial Conceptions of Caste” , marking the first systematic attempt by the judiciary to critically analyse how courts have spoken about caste over seven decades. Prepared by the Supreme Court’s Centre for Research and Planning (CRP), the report evaluates constitutional bench judgments on reservations, personal laws, and atrocities laws, highlighting the normative role of judicial language in shaping equality and social justice. Continuing Concern: Caste as a Constitutional Issue The report asserts that caste is not a historical artefact but a continuing constitutional concern , central to India’s equality jurisprudence. It argues that judicial vocabulary must reflect constitutional values, rejecting outdated or paternalistic terminology. Relevant Constitutional Provisions: Article 14 – Equality before law Article 15(4) & 15(5) – Special provisions for socially and educationally backward ...

The Andhra Pradesh High Court has dismissed two habeas corpus petitions seeking the whereabouts of CPI (Maoist) leaders Thippiri Tirupati alias Devji and Malla Raji Reddy alias Sangram. The Court held that there was no prima facie evidence to establish that the two leaders were in the custody of the police. The judgment reinforces the fundamental principles governing habeas corpus jurisdiction and the evidentiary thresholds required for such relief. Background of the Habeas Corpus Petitions The petitions were filed by the relatives of the two missing Maoist leaders—Devji’s brother Tippiri Gangadhar and Raji Reddy’s daughter Malla Snehalatha. They sought directions to the police to produce the leaders before the court, alleging their detention after a major encounter on November 18 in Alluri Sitarama Raju district. The encounter reportedly resulted in the killing of six Maoists, including top commander Madvi Hidma. Petitioners argued that senior police officers had hinted in medi...

The Government of India has officially brought into force the four Labour Codes —a comprehensive reform designed to simplify, modernize, and consolidate 29 existing labour laws. These changes significantly impact worker welfare, employer obligations, and national labour standards. 1. Introduction to the New Labour Codes On Friday, the Union Government notified the implementation of the four Labour Codes passed between 2019–2020: The Code on Wages, 2019 The Industrial Relations Code, 2020 The Occupational Safety, Health and Working Conditions (OSH) Code, 2020 The Code on Social Security, 2020 These codes aim to redesign India’s labour governance, ensuring uniformity, transparency, and expanded social security across the workforce—including organized, unorganized, gig, and platform workers. 2. Gratuity Eligibility Reduced to One Year for Fixed-Term Workers Under the Code on Social Security, 2020 , fixed-term employees now become eligible for gratuity after just one y...

The Bombay High Court has clarified an important legal principle: a husband cannot take shelter under insolvency law to avoid paying court-ordered maintenance to his wife . The ruling strongly reinforces that maintenance is not a commercial debt but a personal and statutory obligation that continues irrespective of bankruptcy. Background of the Case A single-judge bench of Justice Jitendra Jain delivered the ruling while dismissing an insolvency petition filed by Mehul Jagdish Trivedi, a Mumbai-based dance teacher. The petitioner had been ordered by a family court in May 2021 to pay monthly maintenance of ₹25,000 to his wife. Claiming an income of ₹15,000 per month, he argued that he was unable to pay the arrears, which had accumulated to ₹22.3 lakh. To escape liability, he sought to be declared insolvent under the Presidency-Towns Insolvency Act, 1909 . Court’s Key Findings 1. Maintenance Is Not a “Debt” Under Insolvency Law Justice Jain held that maintenance obligations: ...

Introduction The Supreme Court’s five-judge Constitution Bench has clarified a major constitutional question: courts cannot impose judicial timelines on governors or the President while granting assent to state legislation . This advisory opinion, delivered under Article 143 of the Constitution, reinforces the foundational principle of separation of powers , particularly regarding the relationship between the judiciary, the executive, and the federal structure. This ruling overturns an earlier two-judge judgment that had introduced strict timelines and the concept of "deemed assent," creating significant constitutional confusion. The Constitution Bench has now restored clarity and reaffirmed constitutional boundaries. Background of the Presidential Reference In May, the President of India referred a set of 14 constitutional questions to the Supreme Court under Article 143 . These questions arose from an April 8 judgment that: Imposed strict timelines on governors a...

Introduction: A Significant Advisory from the Supreme Court The Supreme Court of India has issued an important advisory urging all Hindu women to execute wills for their self-acquired and other properties to prevent family disputes and unintended devolution of assets. This observation came while the Court refused to strike down Section 15(1)(b) of the Hindu Succession Act, 1956, which prioritises the heirs of a deceased woman's husband over her own parents when she dies intestate and without surviving spouse or children. The bench of Justices BV Nagarathna and R Mahadevan emphasized that increasing litigation and emotional distress arising from succession disputes make it necessary for women to secure their property rights through testamentary planning. Background: The Controversy Around Section 15 of the Hindu Succession Act Section 15(1)(b) of the Hindu Succession Act, 1956 provides the order of succession for property owned by a Hindu woman dying intestate. The statutory s...

The Supreme Court of India has raised strong concerns over the continued practice of Talaq-e-Hasan , a form of unilateral divorce under Muslim personal law that allows a husband to pronounce “talaq” once a month, over three months, to dissolve the marriage. The Court questioned whether such a practice can survive in a modern, constitutional democracy committed to gender equality and dignity. Supreme Court's Observation: A Question of Dignity and Modernity A bench led by Justice Surya Kant , and comprising Justices Ujjal Bhuyan and N. Kotiswar Singh , observed that the issue goes beyond the rights of an individual woman and concerns societal dignity and the constitutionally guaranteed status of women in India. The Court noted that if Talaq-e-Hasan is found to be discriminatory or arbitrary, it may require regulation or complete invalidation to align it with modern constitutional principles. Facts of the Case: The Petitioner's Challenge The Court was hearing petitions i...