Rule of Law

In contrast to the verdict delivered by Justice Hari Shankar, his brother judge hearing the matter, Justice Shakhder’s judgement in the May 2022 case hearing the constitutional challenge to the exception to marital rape provision under Section 375, strikes it down as anti-constitutional. The matter will now go before the Supreme Court where the constitutional challenge lies pending for two years

One judge of a division bench of the Delhi High Court, Justice C. Hari Shankar, hearing a petition on the crucial issue of marital rape, in 2022, upheld the exception of this form under section 375 of the Indian Penal Code (IPC), a reasoning that is also facing constitutional challenge in the Supreme Court for the past two years

In Mahabir & Ors. v. State of Haryana, the Supreme Court reinforced principles for striking a balance between victims’ rights and fair trials in India’s legal system by upholding due process, victim participation, and prosecutorial accountability

Key guidelines were recently issued by the Bombay High Court through a bail order, in a case concerning a young accused

Religious freedom, privacy, and tribal exclusion are among the issues raised by petitions contesting the Uttarakhand UCC, bringing to light constitutional questions about striking a balance between individual laws and a uniform legal framework.

This piece, penned in rage and with a broken heart as a young student of the law in Mumbai read of the news of the brazen acquittal of a murderer-rapist husband by the Chhattisgarh High Court. As a collective media silence and violent trivia twirls around our public discourse, Sabrangindia publishes this as tribute (and solidarity with) hundreds of thousands of young and not so young women who have felt deeply betrayed by this verdict as also by the wider silence around it

By extending the marital rape exception to unnatural sexual offences, dismissing a dying woman’s testimony, and ignoring Supreme Court precedents, the Chhattisgarh High Court has delivered a judgment that strips married women of their right to bodily autonomy

As Section 498A transitions into Section 85 of the Bharatiya Nyaya Sanhita, the debate over its misuse and necessity continues - can reforms strike the right balance?

Despite acknowledging concerns over rising mob lynching incidents, the Court ruled that enforcing compliance with its guidelines should be pursued through High Courts and other legal avenues

The Delhi High Court ruled that the arrest of Marfing Tamang was illegal due to delayed disclosure of grounds, violating Section 50 CrPC and Article 22(1)