LEGAL BLOGS

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On 19th Sept. 2018 , President of India promulgated an Ordinance -The Muslim Women (Protection of Rights on Marriage) Ordinance 2018- Prohibited triple talaq (talaq-e-biddat); make such talaq void and illegal; punishable by imprisonment for a term which may extent to three years or / fine; Muslim woman entitled for subsistance allowance, custody of minor children; Offence compoundable at instance of married woman with permisson of Magistrate; No bail to accused without hearing Muslim woman. Complaint can be filed with Police Station.

On 6th Sept. 2018 Supreme Court of India, regarding LGBT, in case Navtej Singh Vs. Union of India Writ Petition Criminal 76 of 2016 declared that insofar as Section 377 Indian Penal Code, criminalises consensual sexual acts of adults (i.e. persons above the age of 18 years who are competent to consent) in private, is violative of Articles 14, 15, 19, and 21 of the Constitution of India. reading down Section 377 is necessary to exclude consensual sexual relationships between adults, whether of the same sex or otherwise, in private, so as to remove the vagueness of the provision to the extent it is inconsistent with Part III of the Constitution. History owes an apology to the members of this community and their families, for the delay in providing redressal for the ignominy and ostracism that they have suffered through the centuries. The members of this community were compelled to live a life full of fear of reprisal and persecution. This was on account of the ignorance of the majority to recognise that homosexuality is a completely natural condition, part of a range of human sexuality. The mis-application of this provision denied them the Fundamental Right to equality guaranteed by Article 14. It infringed the Fundamental Right to non-discrimination under Article 15, and the Fundamental Right to live a life of dignity and privacy guaranteed by Article. The LGBT persons deserve to live a life unshackled from the shadow of being ‘unapprehended felons’.

On 12th Sept. 2017 Supreme Court of India in its judgement Amardeep Singh Vs. Harveen Singh Civil Appeal 11158 of 2017 , held that waiting period of six months in Section 13 (B)(2) (Divorce by Mutual Consent) of Hindu Marriage Act 1955 was not mandaotry and can be waived under certain circumtanses.

On 24th Aug. 2017 nine Judges Bench of Supreme Court of India in case Justice K S Puttaswamy (Retd.) and others Vs. Union of India, Civil Writ 494 of 2014 held that right of privacy is protected as an interinsic part of the life and personal liberty under Article 21 and as part of freedoms guranteed under Part III of Constitution of India subject to restrictions specified, relatable to that part.