Legally Sane

The experience of rape induces trauma and horror for any woman regardless of her social position in the society. Rape is an illegal sexual intercourse usually carried out with the use of force or threat of injury against a person’s valid consent but rape on false pretext of marriage is distinguishable from the traditional expression of rape since it is generally carried out without any force or threat. Progressiveness of Indian society has authored the recognition of sexual intercourse on false pretext of marriage as an offense of rape. In India, Indian Penal Code, 1860 (hereinafter referred to as “IPC”) contains provisions with regard to rape and provides harsh punishments for offenders. Section 375 of IPC defines Rape in the following manner :- A man is said to commit “rape” if he—  (a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or  (b) inserts, to any extent, any object or a par...

On 12/01/2021, Hon’ble Allahabad High Court has delivered a landmark judgment in an interesting Habeas Corpus Petition where a Muslim girl Safia Sultana after converting to Hindu religion and renamed as Simran, married to Abhishek Kumar Pandey, a Hindu boy, in accordance with Hindu rituals. Her father was not happy with this marriage and therefore he didn't allow her daughter to live with her husband. Court has directed for the presence of Safia Sultana and her father after filing of the Habeas Corpus petition, both Safia Sultana and her father appeared before the court, wherein, Safia Sultana had shown her interest and desire to live with her husband and her father also accepted the fact that she is an adult and free to make her choices. Further, in this case, the young couple expressed that they could have solemnized their marriage under the Special Marriage Act, 1954 but the said Act requires a 30 days notice to be published and objections to be invited from the public at large....

It is an old saying that "no person(natural or juristic) can be perfect" and legislatures are no exception of it.  In the year of 2019, President of India, in the exercise of the powers conferred by clause (1) of Article 370 of the Constitution made an order namely Constitution (Application to Jammu and Kashmir) Order, 2019 by which Constitution (Application to Jammu and Kashmir) Order, 1954, as amended from time to time, was superseded and territorial application of whole Indian Constitution was extended to include the state of Jammu and Kashmir. In the same year Parliament enacted Jammu and Kashmir Reorganisation Act, 2019(hereinafter referred to as "Act 34 of 2019") by which the state of Jammu and Kashmir was bifurcated into two Union Territories. Section 95(1) of the Act 34 of 2019 states that All Central laws in Table -1 of the Fifth Schedule to the Act 34 of 2019, on and from the appointed day, shall apply in the manner as provided therein, to the Union territ...