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Showing posts with the label Indian Penal Code

Triple Talaq Bill: Pro Women Or Anti Muslim?

Well, the Muslim Women (Protection of Rights on Marriage) Bill, 2017 a.k.a Instant Triple Talaq Bill which is a consequence of the Supreme Court judgment in Shayara Bano v. Union of India has been passed by the Lok Sabha with an overwhelming majority. Supreme Court, in that case, held that instant Triple Talaq ( Talaq-e-Biddat) is unconstitutional and manifestly arbitrary for women. Further, Justice Khehar in his minority opinion directed the government to legislate on the subject of triple talaq within six months. Government obediently pretending to be acting under the direction of Supreme Court (though direction was given in minority opinion) drafted this controversial bill which has been ambushed by many scholars, experts, and political parties. This article highlights the real and the alleged issues with the bill and also does a political and legal analysis of it (you cannot separate law from politics, can you?). The statement of objects and reasons of the bill states that

Evolving Concept of Consent and Rape: Mahmood Farooqui Case

Recently, in an order delivered through single bench, the Delhi High Court in Mahmood Farooqui v. State acquitted the defendant of the charges of rape alleged by a US research scholar, reversing the order of the trial court. The judgment has been subjected to much criticism by the intelligentsia and feminist groups from all over the country, terming it as ‘dangerous’ and ‘outrageous’.  Judiciary has also been criticized and accused of misogyny and gender biases. Now, in the opinion of the author, the judgment is a well crafted and well thought one, which has been rendered after taking all the circumstances into consideration. This article tries to bring out the intricacies of ‘consent’ how it is to be read in context in the present case. During the course of this article, the author will analyze of the judgment and its various aspects and will also try to justify it. Brief Facts- The Prosecutrix, a US research scholar was in search of some contact for getting information