The bench wondered if it struck down the immunity clause in the penal codes then the offence will be covered under the main provision on rape or "can the court create a separate offence or adjudicate the validity of the exception (clause)".
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The Supreme Court has said it listed for Tuesday pleas on the vexed legal question of whether a husband should enjoy immunity from prosecution for the offence of rape if he forces his wife, who is not a minor, to have sex.
Chief Justice D Y Chandrachud, who is demitting office on November 10, Wednesday deferred by four weeks hearing on pleas challenging the immunity granted to husbands in cases of marital rape.
The Centre on Tuesday urged the Supreme Court not to hear this week the pleas on the vexed legal question of whether a husband should enjoy immunity from prosecution for the offence of rape if he forces his wife, who is not a minor, to have sex.
Under the Bhartiya Nyaya Sanhita, exception 2 to Section 63 (rape) says that 'sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape'.
Under the exception given in Section 375 of the IPC, sexual intercourse or sexual acts by a man with his wife, the wife not being minor, is not rape.
The pleas raise the legal question of whether a husband enjoys immunity from prosecution for the offence of rape if he forces his wife, who is not a minor, to have sex.
Presently, a five-judge Constitution bench headed by the CJI is hearing pleas relating to regimes on grant of driving license for different kind of vehicles under the Motor Vehicle Act.
A bench of Justices Ajay Rastogi and B V Nagarathna issued notice to the Union government and said it will hear the petitions in February 2023.
The top court drew parallel between driving and technology and said if one doesn't know how to handle technology then he or she can't be a judge and questioned the approach of some of the high courts.
The project was announced in September 2019 and Prime Minister Narendra Modi laid the foundation stone of the new Parliament building on December 10, 2020.
A bench comprising Chief Justice D Y Chandrachud and Justices P S Narasimha and J B Pardiwala asked the Union government to file its response on the issue by February 15 and the final hearing on the pleas would commence from March 21.
The Delhi high court has struck down a central government office memorandum requiring the judges of the Supreme Court and high courts to obtain political clearance for private visits abroad, saying that such a condition is "uncalled for" in view of the high offices the judges hold.
The senior lawyer, who contended that the marital rape exception was not constitutional, said that the marital rape exception would be tested on the anvil of its constitutionality and an individual's opinion was not relevant.
An appeal has been filed in the Supreme Court challenging the Delhi high court's split verdict on the issue of criminalisation of marital rape on a batch of petitions challenging the exception in the law that exempts husbands from being prosecuted for non-consensual sexual intercourse with their wives.
The Delhi high court is scheduled to pronounce on Wednesday its verdict on a batch of pleas seeking the criminalisation of marital rape.
Air India on Friday opposed before the Delhi high court the reinstatement and payment of back wages to over 40 pilots, saying that unless resignation is specifically made prospective, it is effective immediately and a pilot cannot withdraw it subsequently. "Unless otherwise specified, resignation is effective immediately. "There is no competence (with pilots) to withdraw on the ground that I am still serving notice period," Solicitor General Tushar Mehta, representing Air India, told a bench headed by Justice Rajiv Shakdher.
'Women's consent is central to this and the idea of equality, of bodily integrity. There needs to be some clarity on violence, that violence is violence where ever it happened. This is also a part of domestic violence'
The Delhi high court on Wednesday delivered a split verdict on the issue of criminalisation of marital rape and granted leave to the parties to file an appeal before the Supreme Court.
The Delhi high court on Monday said it would hear on May 10, pleas by internet and social media giants, Facebook, Twitter and Google, challenging an order directing them to remove, block or disable on a global basis links to a video containing defamatory allegations against yoga guru Ramdev.
Justice Rajiv Shakdher, referring to a Supreme Court order on a plea of Bharti Cellular Ltd in a similar case, asked the Department of Telecommunications not to take any coercive steps in pursuance of its notices issued to the telecom companies asking them to stop providing 3G services to mobile users in the circles for which they lacked licences.
The Delhi high court on Friday allowed the media to cover the day-to-day proceedings of the trial in the December 16 gang rape case, which was being heard behind closed doors till date. Setting aside the order passed by the additional sessions judge on January 22, which restrained the media from covering the trial, Justice Rajiv Shakdher said, "The court will allow access to one representative journalist of each of the accredited national dailies."
Indian Hockey Federation (IHF) moved the Delhi High Court on Tuesday challenging the decision of the Indian Olympic Association (IOA) to declare its rival Hockey India (HI) as the central body for regulating hockey in the country.
'Open trial is a rule' and the proceedings in the December 16 gang rape case can be accessed by the media as 'seering public interest' is attached to it, the Delhi high court on Friday said quashing the order of the special fast track court barring journalist presence and reporting on it.
The Delhi high court on Monday referred to another bench the plea of a youth for launch of contempt proceedings against N D Tiwari for not depositing a fine of Rs 25,000 and the expenses incurred by him on the leader's DNA test despite court orders.
Around 15 defence lawyers mentioned the matter before a bench of justices S K Kaul and Rajiv Shakdher and sought its intervention on the decision to shift the trial saying it would cause a lot of inconvenience to the lawyers and the accused.
The Delhi high court on Friday held as "unconstitutional", the imposition of Integrated Goods and Services Tax (IGST) by the Centre on import of oxygen concentrators by individuals for personal use. A bench of Justices Rajiv Shakdher and Talwant Singh quashed the May 1 notification issued by the ministry of finance which says that such oxygen concentrators imported for personal use, irrespective of whether they are a gift or otherwise, will be charged with an IGST of 12 per cent. The court said the individuals will have to give an undertaking to the authorities that the oxygen concentrator is being imported for personal use and not commercial use.
The Delhi high court on Monday granted two weeks to the Centre to state its stand on petitions seeking criminalisation of marital rape following Solicitor General Tushar Mehta's submission that the government is neither in favour nor against striking down the immunity granted to husbands under the Indian Penal Code.
The issue of criminalisation of marital rape involves 'family issues' as well as the dignity of a woman and cannot be looked at from a 'microscopic angle,' the Centre on Monday told the Delhi high court as it said that it was not possible for it to immediately respond with its stand.
The Delhi high court on Wednesday delivered a split verdict with one of the judges favouring striking down the provision, and the other holding it was not unconstitutional.
The Delhi high court on Wednesday said there was an anomaly and misalignment in the erstwhile Section 377 of the Indian Penal Code, which was decriminalised by the Supreme Court in 2018, and the rape law that protects a husband from prosecution for a non-consensual sexual act, including unnatural sex, with his wife.
The Delhi high court on Monday asked the Centre to clarify its position in principle on the issue of criminalising marital rape after the government sought time to formulate and place its 'considered stand.'
The Delhi high court Friday asked the Centre to inform whether it wishes to withdraw its 2017 affidavit in which it had submitted that marital rape cannot be made a criminal offence as it could become a phenomenon which may destabilise the institution of marriage and an easy tool for harassing husbands.
The central government Thursday urged the Delhi high court to defer the hearing on pleas to criminalise marital rape while maintaining that it was committed to protecting "the liberty, dignity, and rights of every woman who is the fundamental foundation and pillar of a civilised society."
The Centre submitted that it has sent communication to all states and Union Territories asking their comments on the issue and urged the court that the proceedings be adjourned till such time the inputs are received.
The Delhi high court will hear on Monday a plea by leading Bollywood producers seeking to restrain Republic TV and Times Now from making or publishing allegedly "irresponsible, derogatory and defamatory remarks" against the film industry and conducting media trials against its members on various issues. The lawsuit by four Bollywood industry associations and 34 leading producers, which was filed on October 12, will come up for hearing before Justice Rajiv Shakdher.
Justice Rajiv Shakdher, who was hearing a plea by Bollywood producers seeking to restrain them from making irresponsible remarks, listed the matter before the Joint registrar for January 18 for completion of pleadings and admission/denial of documents.
The Delhi High Court on Wednesday sought response of the Centre on the plea of Greenpeace activist Priya Pillai against her "offloading" from a flight to London at the Delhi airport.
The show is set to air on Colors.
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