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    17 views39 pages

    Law of Waman and Children Case Law Assignment Sem VI

    Uploaded by

    devika deshmukh

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 39
    CASE LAW Tren Nv. ol - Case Nurber - — — Lwmite Petition cei) Wain. 424 af 99g. sunite petition cenld| bl Nos. 74o-64 of 1950 ee a a |——___f Pacts and Procedural iste dIm this case, a Public Trierest Litigation CprLy t9as | — filecl im the Supreme Court of tndia by the peritioner,| — Whe Gla5 an advocate. He held tiled rhe petitoner aftesi— xeading an_ariicle "A Red Light Trap» Society aives no hemg.c to prostitutes’ offspaing” published em July i4,| 11988. in a magazine named (Tncia Today! Tm he. | __ Petition, he had_prayed fox issuing an appropriate | wittt dizeetimg the sering up ef dietincr educational} —_ faa'bes a aroeaen er ane ae tol as ‘fallen wemen" by -the cals} thirayghout the tudgem ent) eee rae af Age 20 a4 to prevent them from Serring imvoled_in_-the cle paaved_and unethical away of Ufe! However feel aeur esas alone November 45, 1 1984. Actording te the oxdey, the Ape: Ist was 6f the | wiew that setting up ciffexent educational insijuies hostels Would isolate the prostitues’ chilezen, which |_ Would be ageins+ the wetl-belng of th childaen ag | ell as the seclety in_generyal » though the court cid net | appmve the plea _-for sepaxite hostels and schools, s+ | stated that +¢ help the sepasatian —of_prosaltdes! jldxen frrom thelr mothers, tne -aveladility | ot suffjei FOR EDUCATIONAL USE Seamed Cansearner Was needed. The Supremy, mk Set up a Committee of four adveasies amd three Social workers too look Inte -the matter and SUs3 2st appropriate adtions. the Commitee with shri. | 2. Mahajan. ( \ ‘Obed I: a f£_govesnrnent agencies “th crepart of the Cemoen ittee - 6 ae aiven below ¢ Th 1S una: n_beth, recognized fa Night area AS Well ag oreqs that were not cagnized . 2 According to th pert ir was due ste poverty chat forilie sendjng -thelr childsen_or seostijutien: | 2 Ty sated that destitution, secial tntplerance,fermily! t j—Sstems, poor health cleselation, and lack ef alternate |_ [livelihood Seures were the main regons duete Which | _ Uthe women were not ailing +o a} Up Prost thon, *dalsa_stressec|_ the rele of NGOs in the reesjab)ich _| | | resues Befevethe Comt — nent and education of the childven of prosifintes. | the main_iesu isted by thi uh after; ~repootave! Je what age the wights of the prostiqutes’ chikzen and | el and what should be the Cousse ef achlon te cepa, \~ children _faem._tnelramether and othe Such people so ; [~ se provide them safely aad engure their wehabitidat) FOR EDUCATIONAL USS _~ = SecamedthConScamer im the nation’s mainsizeem 2 lewhat strcieay Shauld be -forrmuleted -te_elimanate, | — |_paostitutlon _ Ratio of the Case. — ——._||"TIm_ meet cases, the victims of prostitution ove +he ———|— underprivileged and illiterate segment of Seclety uwtho|— ig] 22 targeted by -the arleh and influential section .This—_}— 1s @ -ferm of discrimegmation and henie, Wiolative of | — one’s human rights “the children of the prestijutes | — al he the might to equa ity ol gntty equct|_opperits be protection, amd Case and cleserve te be a part | _ ef th: is|_mainstvem. Moreover, jt 16 the Society | that _is reeponsible. fox the sufferings of -thes wean | land -thus the Society is responsible for the elynination | _ of women trafficking and sescuing victims, TH+ te | [the cluty of tne state te ensure that the victims are! mescued, wehabilitated, and economically ernpewered, | Decision of the court | Le 2 Colt gave_cempechensive climechione segerd tay [theix children in_sedety, these dixections include: _| the rescue and _zevstablishment of prostitutes and oe Tr Sdettech that thi asomen_invelved in prost!t Hon FOR EDUCATIONAL USE were not offences". xathex they should be viewed a4 _ wictims ef thelr unfaverable s Cenioacl that was commenced between the plaintiff and the cefendant was veld as it was accomplished by the season Whe Las | an_ infant atthe time of execution of mortgagee | When Bsabmo Data was not satisfied with the Verdict of Tefal cous} he filed an appeal in | Receding ro the decision sf culeutta High caust, they agreed with Abe verdict -thak was given by, Tatal court and dismissed the appeal of Brahmo, then he latex went to Privy ceamcil fer the appectl and Jater the psivy Ccund| also clismiased the. appeal of Brahmo Dettla_and held thet there FOR EDUCATIONAL USE tt eS Sludgement= i tine €rlcutta bilgh Coust _ Pata. ——E——E Cary - TT SecamedthConScamer s y Sought _of_centrach belween_a_ aminey _and_a__maj.oxr_pesson, The final cleetsion that was perssed ley the Gene ounci| were — _ ee Asny Sought of centzact witb a minor_so infant 7 ‘ {6 vaid|Void ab- initio Cveid trom begining )-— Since aminer was incompetent to make such — mmorigage hence the conixact such made or Commenced Shai) also being veid_and not ‘valid dn the es of Jorg, — —_— + “| | The rminor i.e: Dhasmedas Ghose _ceamnot be fesced Khe give hack the amount _of money that was advancee +o hhm, because he was not bound by the promise that wag executed In _a_Conteaicte Conclusion — = — Th Mobeni Biber v/s Dhasmedas Ghose, at dhe end = it can be cemcluded that any agreement ox deed | _ i pi h_minox is Pasty +e it em is_imcluced In.such | _ cgreement Shall _be declared mulland veld because, Such agreement 1$_no+ _agzeerment nine eyes of | aaw._In_cases minor pexents or custodians spall mo}, bei ten -thedediing done by the miner _vwilthoup their Consent and hence they voill be mot able toxetypy lene aynount, back taken by the miney ouy, of the Tosa) - Saas FOR PDUCATIONAL. USE els ina ‘ FOR EDUCATIONAL Vigatjon. 1s EE A SecamedthConScamer om_uninvited unwelcome sexual favor ox Sexual Tt makes the pexton fee) humilated offended and mauled +o whoo it's been done. 1 ases, it hag been Sbsexved that hemosenucl labor | harass tm Hm playeshstunging tm ‘ie Sems. se a —— asnieh he belongs. _ : gestures from one gender tawards the ether gendem Vishaka + ors Vis State ef Ragagthan ie a case hich _|— cleal alin evil of sexual havasgment of a women | — ot her workplace 11 )S a landrnaxk Judgement case} in tne _histeoy of Sexual _havassxnent uhich_astselng__ dAecicle by Supreme court, sexual Hevassmnentooeans | | of the | Sexual hamassment 1S also -+ermed as teve teasing’ | jm india and _{r can be setermined trem the Sallocks act Uke -passing of indicative or typical commenrs Porttele 4p of Andian_Cenetitwtlon—and_also the -tunda~ i mified fe te loncied feedringsd aida cecond ad coraddaage Fy FOR EDUCATIONAL USE | SecamedthConScamer kes, uninvited touching snaking appeals -fos forse | lemalls, Aiscredit penton because eof Sex. Ae. H ell it Sexual Harassment violates the fandamenie axigris aw) em of gender equality which 1s emdified und See of | India. nee has been mo provision tor —_____|| sexual harassment at workplace undes Indian tonshijution. usiree Amit Rasayat ease er his _beaurffal Htheught that-="Wwhile a amurederer aesizoys tine physical frame of the wicim on tre ether hand_the saplst -cleMileg the saw of a helpless fernate.” __|| Sexual _hasassment is ene of the Secial evil faced || by the fragile port on_of Ane society. New at thls int of -the time the high Sectety people ev the preple Sho commits xual harassment should become | __llaweare os either when-this tranquil _valeans of anges! sill erupt Leill cause _imanense_danger_and shattering lwhich would have equal Consequences which 6 cause lem tne burst ox exupiion ef an inactive volcano. Facts. — facts of. tnis. case ave given below + ari Devi whe was a Social activist worker in one of _-the Rajasthan 's village. — Pe oe -a__Soetal_ development. pegparo) Hatt murct| level Which was about jo siep child mereriage, | jn_a village and his _Seclal_pregrarm was setministe [red ty, inc Fanasthan's state. _Geernmenk La Bhanwax} Dei_en-devoured te stop_the maria, of the Farm kasan Gwyers Cahakuss> claughter, wh wa anewe)e less_than_one year old, .e. she was ap infant on) “ a FOR EDUCATIONAL U=t — Seamed Cansearner i = — = 2 | emate the snarmmiage of her imfsont_Aaughicr nasa peat of her duty, @hanican’ £ Dewi-tsted totem) Even of her Vein. full efforts +0 stop the -moazzage (+ happened but Bhanuers| Dewi was net _execused ox pardoned for here this fault _ fe an these statement and Judsementateased —_ eet ae ane in_sapreme— ourt ef nda. _ _ 4 ___|[Tssae Ratsed in This 5 Case. wheiher, the enactment of wldtines mandalery_ | tor the aepudment of seual_hasassmen} of 2omen. at wosk pla 2 : = Judgement. — The Uuclgemens oP Vishakhals case was conveyed by chief Jusnre. 3.4. Verma_aS a reoxesentative _ of ustice sujata Maniax and Justice BN. krfpal | en account of write penition which was tiled by _| wichakha +e uictim of tnis case che court obsewel Hunat the tandamental ight-c andes Article 14) 2 | every paeteesion_torcide ox —eceipation Should paul ug cavi) ) and 21 c4) of comstitution ef Indila th nl afe working environment ta the employees.9 Bae hampered the wight +2 life cmd the eight te tive a a ignifiel the tne bale. reaulrment sons that rere ould be the ava) ability ef sate sorking _ environ ament at_asenk pa TOR EDUCATIONAL USE SecamedthConScamer i sak asermen have. funda | — * s ee |hasasernent at workplace i+ also pa} -foswarcd ——}— amious important guidlines feos the employers ke —)— Hello “therm amd aveld Sexual harass mens stwomen— & ere Couri_aléo suggested te have proper }—— i i byect of the Supreme coast was +e _ensuxe ——— Gender equality among _peeple ana leo 1o_ensu7P ~— that thexe speuld be no aisccianinaton +ersamde | — Adem ea ~these aserk place After this case, the Supreme Court made the tern | val hayasarnent yeel|_ctetined ,accemelingly amy —|— wnysical “bouche Conduct , Shaving «f ponnegraphy | any unpleasant stent ox mniis behavior, om any ssxual | desire towards asomen, sexual foveur sill Come | ow undoes the ambit of sexual hamascmenb. | | cxttical_Analysi - tm the case of vishakha, the supreme court spectt Lpically undeslined the ctefination of sexual Hasasemen}! _ Peay epves }_umoante_r| or uninvited ehycical | [euch or Co’ 8. ing_at _poonegmaphy many | abt. meni or tects voi} cone (mle the _arnbit ef sexual Harassenent 5 FOR EDUCATIONAL USE SecamedthConScamer | — en ae _6:17Gg)_ Mobd- Khan V Shah Banu. ——— Mohed: Ahmad Khan vis shah Rane Begum — = WIR 19¢5 Ser (a) B44) — Triple Talag Landmask ast | Bench ef Judg este YN. chandrachud, D-A- pesai, O- —_}— nimmapa Reddy, €. ivenketasarniah, Rangnath Misa-}~— peodlu: —- linena. AMmnad khan via Shah Bene Begum 1s a Janda — fromoxk—l lesa jt ashich tage clealt with the pe bleny — Let! Te} pal Talag vere {cr '! Mat nace 1S moxmal) dl I amentloned as “Shah Bane Case Tt 1S cansiclertd +o - a debatable. and pspblexnaite tegetl _contest | [ jn Qnelta rhis lawsuit has substalmitaied to bes s_}— | [mailessone jn the stugsle of rights fseedom tom the Muslim women. _ — fT isa L_about shah Bane fearless ead Veiltant—__ 1 pm sle_against the system ef Tejpal_Talaq ced of creating hosiery _ox_stery_ot_o_suappresceal_uiem he faced the embaaxassments of tne Commun: - and _hex husband . Ren -theugh_she was fachng such | la drash'c situct on im he: life sne elected +o in | crmgas! ed againet her husband and faced she ruse _everyen e_was in _faver of hexs_husband, and] _ : a _al)_she bravely clecided_te tight against tne, _ dorninaitd society. she fought _against the. syste of [ce roripal Talaq_and_af¢ last hex efforts net went invai She was _able to achieve what she wanted «md as | FOR EDUCATIONAL USE Seamed Cansearnet pFact a - _ _ = crs © 16 Case axe given _belov [one 1082 stab Bane was rnasried te Mohd. Abad | — a0) Who was a renowned lawyer _iay_indove.——— pe They _wese the permis of S sons and 2doughier jie. in toto] they have S children + = - JA After 14 seas of thelr anamdage Shah Bane!s : Lhusband meas ed_arnditiney OOM EN Whe Was. younger! | -tnenn hiv _ Ie Ton 4975.2 aahen Shah Bane ag. age was ef 62 yeass | lene was clisawned by hes husband_ond was timer | | out from hex ancisinonial heme_alons.with hes children To Apri] 19728, she brought a appeal_under sec-425 lef code ef crivninal_pavcedure 197% CC pe) jn the | presence of Judicial amagistrate of Indore afer when She Was -tnxo1n_away Poem her matrimonial home by hes husband. _ —EE _ IA shah Bane filled -this sult in 1978 Wtesueet husband has _abemdened hex doom the raalrtenance of 4.200 per month sShich he gucmanteed to give | Her husband essential _asgument_attes divesce le cammot keep any form of alliance ox conncerien jth his clivorie wife because jit is net aitowed - Telamic_\aws | Téam ends" Haram” and henee be 6 not legally srsponsible -te_snaimtain_her wife! ———} sens FOR EDUCATIONAL USE + i af le — Seamed Cansearner Tesues Raleed im “This case: Whether Sectlan 125 of the code ‘of cwiminal poccedt is cemncermed with ~youslino er met ——____ — Bk Wihelher the cmMoun} of Mehx given toy Ane husband | = on _caliverce js adequate +e gek the husband sid and| — lis WWable te rnalniain b's wife om mot whether _vmifeam Chil Code applies +e all veligion o17 Judgement |= - _ e The verdict ef shah Bano case was conveyed by —|— J) CHANDRACHUD, _ 2A) Indian Muslim fersonal Lars Bi adolamiat| Werna-e-Hind were “the ive. mene a Lemme -anied the lawsujt as_an_inrervenon, _ | 2 On dd Feb.ig¢) Supreme Court gewe an iike-mindled — conclusion {n tn) ase and banished me plea_of Mohd. Abrnad_ Khan _ornd validate tne Vexdylot of High cours: lethe Court held Aher secthan 125°CA) Of cede of oxianinal_ procecluxe seliclned, te muslims -toa, wibhout amy sought _ of _clisexjm imation . - _ 2 Supreme Cort inti’ case uly helol chat Ince sre. conan Lity OF Musiiro husband -tasgeds her _diverced wife 1S limited te the ectend ofIekdd}” Jod_peven though ‘this situation dees neh confer plates the sule of law that is mentoned i_ section 12s of Cr Pc J97% C4) © According +o Supreme Cour this rule _accexding to Muslim law was against humanity or was FOR EDUCATIONAL USE SecamedthConScamer because herea clivorced wife was net imo_comditen|— to _wma\mtain_hesseth © Thus at the end, afies v very long pusceduie_courat finaly — Concluded that the husband $6 legal Usability willcomp, |— je on end if divorced wife te competent +emalntcia—— —| herself. le Buraints shuaiton will be reversed in the case wWhen)— loife va met able in a Condinen to -Hnance ca-mato=|— etal hesself after the Idd eesiod she vi flee —— | lemtile to meckive maintmance ox alimony unsle ection 326 of Cope: _ | Muslin Women cprereciion of Rights eres the Judgement siven in shah Bano case was cotticiced _ am. ong—_Musiim and _actoxling te the em_this decision — a4 in canMict with the mule of " Quran” and “Lelamie— Lawel Telam! Se parliament at India im iaa6, congress govt. > decicleel_te enact tne Mu im Lomen cprtection of Rights of Divercejacr=1986. | _ sthe rmaln_ objective. of this act anasto preteck -thel aight ge ee ee ee these_ahe have get _diverce tor thelr husband's | _ | The enachnent ef this act 194s clone by G@uwemmet pk Raitv Gandhi. te imvaiidate the decision | decace. appa el by opaeme_cout+ tm shah Bene Beam ase! laceerding te tni5 act, Musiim diverced | women __| houle be enrite + acleguate and wa-cnable FOR EDUCATIONAL USE Gesses) i2¢ ee SecamedthConScamer ouni_aft mainienante +HiLthe lddat period. awhen|— lla _aiverced women maintains a child bom _by her}— Lany-time before ox _aftes_tne diverce,-the husband_'6}— under ligal_ebligation to provide _a_ceatain_axnauny — of snaimtenance for the child ia a _peniod of 2g was filled in the.saprene- Court of Tmdia efter the 4 gear mck the wees on —_— ier fer the delay aoa that the High Court grazie —— sthe Copy of Judgememb 1m_1976.——______—-— Tssues = aShether the might of {mee Legal ald should besgiven| under the Article 24 of the Indian _conssiution whe | —_ axe_imnpeisone) § Aasgum_ ent = _ ententians of the Periiomer a ecthe petitioner appited under ths Spe tex the copy | ef Judgement through the Jel) authorities + wbhich wong __ || wecetved by ahem tou} was never delivered to hia _ hecause of uthich He awonlt be able to appeals by) || special leave, £0 he come +o wolth_a_condonation | _ petition after getting -the cextified copy from the | | High Court. __ | 2 Ako the petiHeney denies that th aes | | wae cletivered +e hin was moet axgistered as he | | ave. mot_bear sion of rreceipt of the copy of the | Judgement of the High ceurt. _ Sn FOR EDUCATIONAL USE _ SecamedthConScamer ___@:19@)| Hu atna‘a_Khatoon V Horne Sec, State of Bihar Intro duction | that speedy Sie eee ernest eltizen. 14 is |_ “he omoest famous case tohich elisaisses the human arights of prisaness In _tndia, the honourable sup: 7 legal aid anda speedy tofal fortne administsation of just a = Citation +1979 AIR 1369 eeeeseeneeee| Court Supreme Court of Tanci¥a Bench). Bhagisat) PN. Pathak, R's. Kesha, AD, | Backszeund. | Am_Axticle 1996 published in the newspaper Indian, Express _in_ia7a_regarding -tne_cleren}ton_of undes| long time, in fact, a period longex -than_thela actual _epan af jampalsomment cwarded by the |_ court: _ | lthe readers of the article and filed @ case as _ | public Interest Litigation fn the supreme _cousy of | FOR EDUCATIONAL USE, Seamed Cansearner ussainaxa Khatoon ¢ Oxs. 16 a_ andar case, | — ——_— Saeetereeee e ashich provided a wider Licial prisoners im the Bihax Jai]. few of these under _ total paisones were sexving tn prison faya “ny 7 Advocate Pushpa Kapila Hingevani was. one. soo : | Court pointed out that the Stete onust ensust free | 33 —_____|timd fa. this was the ths weperted case of eri bo | — KIndia_cmnd_Advacate Pushpa Kapila_Hingorani_is__— aregarcled as tne Mather of publie Intexest Litigation! — in Imchia’ _ = |__| Fact. Atumit peiitien of habeas Corpus wae filed “under -&. Arcticle 20. befere the Court for the velease of 17 undks --toria} prisenest whese names were mentioned in} — Hthe newspaper agitcle in the siate of Bihar. the — — State of Bihar was divecred te file a arevis ed chart _— owing the yeor-wist break= 4p ef the uneler trial prisoners aftex clivicting them inte ts0_ bamad cate =) jorjes viz. charged with minor offence amd the ether; —__ Usith amas. offences. dt Tssue. _ —— __} » Tf the might to a trial be considered = pars of | Aticle= 24 © Can the privi'sen of free legal c aid be entorced_oy. sthe Lavws+ Assgument: Twas asserted in oo Giraiinlpeca dees the cous} that many _under- tzjal_paisonexs, confined | Inthe pajna Central Jail, the Muzetfarpur Central Jail ena ‘the Ranchi Central Jail _befere there release have been. _xegulanly produced _befoxe the Magisieates myumb FOR EDUCATIONAL USE SecamedthConScamer ltimnes ane) have been remanded -co Judrella] custedy| las needed. __ _ - |_— [ieeet sine canes und -these_clalms_unsatistacrery ;As they clo nek comply sith the ore te produce the) — dase, on Uhich these under- trial potiseners were ——— | are sanamded_- _ — Moreaver, to vustify ‘the pendency ef cases, ath as been} _ | Comtencted that in_almost 10% of the cases, tne Invest Lacition Ie held up due te delay im receipt ef_oy opinions! |foern experts - _ — 7 — = - Nudgem ent. — | (The court aiwected. -Hnci these under Arial -cletainess | whose names and were siven_in the ist weceuled | by Mrs. Hingosmi_ ought +o be weleased as further dexainment ef those human beings was considered | iNegal_and_texegersling schely fundamental wights | Undes Acticle 21 of the cmstitation simee they have | been in_prison for a span_surpassing the greatest 7 erm that they cught +e have been_| ndicted fer The _court observed, “What falth_can these [ast souls have Im the Judicial system uihich _cenies them a ba: erial fom So many years_and Keeps them behind baxe, | mot_because they sre guilty, but because they ave too jo afford bai) and the courts have me time to poor te et =e ey them, FOR EDUCATIONAL USE SecamedthConScamer —__|lrremand slates, When the undestrta) detainees, accused | —_____llof ballable offences, are delivered before the Magistsebys— ———|tthe Slate Goverment eught to designate a tamyer at )—— The Court Ukeusilae Consd inated that on -the follawing __| it's enon expense fox mating a bail epplicatian. weSiviciing remand and with a pelnt that fivst tual | — Can Cammence. 4 The siete Gevemenent and High Court were xequined te) — produce particulars of the Lecattion af tne court sf | 4 magistrates and Court of sessions in the state et Bing — laleng ulin the +etal ca pending 'n each court & of 3) st pecember 1578+ they wese additionally needed to clisctose ashy the — — disposal ot those cases that have been pending fer | amere than six menths not possible. _ _ -the united _steltes. | particle 3 of the European convention _en Human Rishts| _ laise prewides that _a_pexton_avarsted_em desalmed shal) | be entitled te a -Lrial_ within a szeetsonable perieds anexefore the Coust believed that “Speedy tral _is of lyne essence of criminal Jusiice amd there can be no. doubt that

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