Judgments on Misuse of Women Protection Laws in India

There is no offence known to our law called " Outraging the modesty of a woman ". " Modesty " means the feminine sense of propriety and decorum. Therefore, "to outrage the modesty " of a woman means " to insult, affront, or abuse the feminine sense of what is proper and decent ". ... illegally by the use of "force" to cause, or knowing it likely that by the use of such " force " he will illegally ca....

2023 0 Supreme(Bom) 1171

She screamed; therefore, her husband, mother-in-law, father-in-law, and other persons collected there. 5. Both Courts believed the prosecution evidence and held the petitioner guilty. ... It can also be said to have been committed by the person assaulting or using criminal force to any woman if he knows that by such act, the modesty of the woman is likely to be affected.” 15. In the case of Raju Pandurang Mahale vs. ... No....

2024 0 Supreme(Cal) 213

The judgment under revision requires no interference being in accordance with law and is thus affirmed. 17. ... Bachawat, J., on behalf of majority, opined as under: "The offence punishable under section 354 is an assault on or use of criminal force to a woman the intention of outraging her modesty or with the knowledge of the likelihood of doing so. The Code does not define, "modesty". ... A well known author Kenny in hi....

2022 0 Supreme(Pat) 171

In the case of Delhi High Court (supra), relied upon by the petitioner, the Delhi High Court, relying upon the judgment of the Supreme Court, in the case of Suchita Srivastava (supra), has held that to carry a child in her womb by a woman as a result of conception through an act of rape is extremely ... He also relied upon a judgment of Delhi High Court in a case of X Vs. Govt. of NCT of Delhi & Anr. {W.P. ... JUDGMENT : H....

Bombay

and mother in law. ... She has alleged that from the very first day of her marriage the father in law, mother in law and sister in law started ill-treatment andon facts and circumstances of each case as to when the High Court can use ... The father in law and mother in law used to say that her parents have not given proper respect Dashalkar, learned APP for the St....

Patna

The petitioner/guardian is directed to accompany the victim Miss. ... The fact of the present case is also similar inasmuch as the minor, Miss. ... He also relied upon a judgment of Delhi High Court in a case of X Vs. Govt. of NCT of Delhi & Anr. {W.P. ... there should be no restriction whatsoever on the exercise of reproductive choices such as woman’s right to refuse participation in sexual activity or Srivastava (supra), ....

2023 0 Supreme(Cal) 1621

Bachawat, J., on behalf of majority, opined as under: "The offence punishable under section 354 is an assault on or use of criminal force to a woman the intention of outraging her modesty or with the knowledge of the likelihood of doing so. The Code does not define, "modesty". ... It may be useful to refer to paras 22, 23 and 41 of the above judgment where the following was stated:“22. ... The impugned proceeding is wholly vexatious and is ....

It is not disputed that under the Roman-Dutch law as it stood before the enactment of the Matrimonial Rights Ordinance of 1876 a married woman could not sue without her husband being joined as a party. ... 2 Law Rep. 3 C. P. D., p. 197. 3 13 Q. B, D., p. 784. to the husband to sue separately in respect of any wrong done to the woman in connection with such property, as if it were a wrong done to the husband hims....

2024 0 Supreme(Del) 512

While the petitioner may use the term pardanashin to denote a woman under a veil, this does not align with the legal meaning, which requires complete seclusion or a lack of societal understanding. ... Even an academic judgment has to keep in mind as to whether it will invite difficulties in administration of justice, rule of law, and at all times, keep in mind a pragmatic approach so that the judgment doe....

2023 0 Supreme(Bom) 909

Resultantly, the judgment of conviction and sentence imposed by the JMFC, Vardha in Regular Criminal Case No. 175/2012 and the judgment by the Addl. Sessions Judge, Wardha in Criminal Appeal No. 93/2016, upholding the same deserve to be set aside. ... The accused faced charge u/s.354 which provide the punishment for outraging the modesty of woman. Sec. 354 reads thus : "354. Assault or criminal force to woman with intent ....

2023 0 Supreme(P&H) 48

Therefore, to continue such proceedings is miss use of process of law. The FIR registered at Police Station Sadar Bazar, Indore at Crime No.12/2014 for the offence under Section 420 of IPC and under Section 63 of the Copyright Act, 1957 is hereby quashed and further proceedings in Criminal Case No.19746/2014 pending before JMFC, Indore against the applicants are also quashed'.

2018 7 Supreme 1

[The ‘Woman Question’ was one of the great issues that occupied the middle of the nineteenth century, namely the social purpose of women. Throughout history, the law has failed to ask the woman question. It is used as a tool to enquire into the status of women in the law and how they interact with and are affected by it; See Katherine T. Bartlett, Feminist Legal Methods, Harvard Law Review (1990)].

2016 0 Supreme(Jhk) 437

(1) with a view to coerce her to meet unlawful demand for property or valuable security. (2) on account of failure of such woman or by any of her relation to meet the unlawful demand.

2014 0 Supreme(Kar) 890

There is a perceptible change in the law which is brought about to protect a woman. But a second wife, who is dependent on the deceased, also becomes a legal representative under the Act, who is entitled to compensation payable on account of the death of the deceased. The definition of legal representative includes a wife and not a second wife whose marriage is void.

2007 0 Supreme(Bom) 404

In the rejoinder affidavit filed by petitioner on 10.11.2006, it is pleaded that a woman candidate from open category namely Miss. The same statement is repeated in the latter part of same para no.5 of the rejoinder, but in the subsequent part of para no.5, candidate Miss. Manjusha Vijay Dusane was selected with 22.60 marks secured by her by giving benefit of reservation for women. It is well known that the reservation for women is horizontal reservation as has been clarified....