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An Indian judge has dismissed a woman’s complaint that her husband committed “unnatural sex,” because under Indian law it’s not illegal for a husband to force his wife to engage in sexual acts. The ruling, made in the Madhya Pradesh High Court last week, shines a light on a legal loophole in India that doesn’t criminalize marital rape by a husband against his wife, if she’s over age 18. Campaigners have been trying to change the law for years, but they say they’re up against conservatives who argue that state interference could destroy the tradition of marriage in India. A challenge to the law has been winding its way through the country’s courtrooms, with the Delhi High Court delivering a split verdict on the issue in 2022, prompting lawyers to file an appeal in the country’s Supreme Court that is still waiting to be heard. According to the Madhya Pradesh High Court order, the woman told police her husband came to her house in 2019, soon after they were married, and committed “unn...

The Supreme Court Thursday stayed the May 8 order of the Mamata Banerjee-led West Bengal government banning the screening of the controversial film ‘The Kerala Story’ in the state. A bench headed by Chief Justice D Y Chandrachud, and comprising Justices P S Narasimha and J B Pardiwala, said that it is the duty of the state government to maintain law and order as the film has been granted certification by the Central Board of Film Certification (CBFC), news agency PTI reported. The movie has been the subject of fierce online debate and criticism with strong objections raised by many political leaders who have termed it to be a propaganda film. The West Bengal government had imposed a ban on the screening of the film citing threat to law and order in the state. Moreover, taking note of submissions that there was no “de facto” ban on the film in Tamil Nadu, the top court directed the Tamil Nadu government to ensure adequate security to every cinema hall and make requisite arrangements ...

President Droupadi Murmu today notified the appointment of the Supreme Court's retired judge Justice S Abdul Nazeer as the third Governor of Andhra Pradesh. Syed Abdul Nazeer is a former judge of the Supreme Court and retired on January 4 this year. Justice Nazeer is succeeding Biswa Bhusan Harichandan, who has been transferred as the Governor of Chhattisgarh. Justice Abdul Nazeer was part of many landmark judgments, including the Triple Talaq case, the Ayodhya-Babri Masjid dispute case, the demonetisation case and the judgment that held that the right to privacy is a fundamental right. In his farewell function, Justice Abdul Nazeer had said the representation of women in the judiciary is still very low. "If I say Indian judiciary is immune to gender inequalities, I can't be farther away from reality. Representation of women in the judiciary is still very low," he had said. The judge had quoted Kofi Annan, saying that there is no tool for development more effecti...

The Supreme Court will next Monday hear requests challenging the use of emergency powers to block the controversial BBC documentary on Prime Minister Narendra Modi and allegations linked to the 2002 Gujarat riots.A bench comprising Chief Justice DY Chandrachud and justices PS Narasimha and JB Pardiwala took note of the submissions of serial litigant Advocate ML Sharma and senior advocate CU Singh seeking urgent listing of their separate Public Interest Litigations on the issue.In addition to Mr Sharma, another petition has been filed by veteran journalist N Ram, activist-lawyer Prashant Bhushan, and Trinamool Congress MP Mahua Moitra.Advocate CU Singh said that the Centre has invoked emergency powers under IT Rules to remove the links about the documentary from social media, adding that tweets by N Ram and Advocate Prashant Bhushan were taken down, and that the Centre has not yet formally publicised the blocking order. College students in Ajmer were rusticated for screening the documen...

The Supreme Court has stayed the Uttarakhand High Court's order to evict 4000 families from 78 acres of railway land in Banbhulpura, Haldwani, Uttarakhand. After this order of the apex court, the houses of 4000 families will not be destroyed for the time being. While sending the notice, the Supreme Court has also sought answers from the Government of Uttarakhand and the Railways on this matter. The court said that you cannot remove 50 thousand people overnight. It is a human matter. The Supreme Court said that we have to find a workable solution. This is not the right way to solve. There are many angles arising out of the nature of land, nature of rights, nature of ownership etc., which need to be examined. Only a week is too little time to remove them. Their rehabilitation should be considered first. Please tell that Justice Sanjay Kishan Kaul and Justice Abhay S. Oak's bench was hearing the matter. Now the next hearing will be on February 7. What will happen to those who h...