Andha Kanoon

  " Sexual intercourse or sexual acts by a man with his wife, the wife not being under eighteen years of age, is not rape. " However, sexual intercourse with a wife, whose marriage with him is void as he was already married and had a living spouse and who was aware of the fact of the first marriage, amounts to rape. 10 In the case of Nimeshbhai Bharat Bhai Desai vs. The State of Gujarat 11 , the Gujarat High Court submitted that marital rape is not just a concept and the notion of 'implied consent' in marriage and should be collapsed. The law must provide security to every woman (married or unmarried) to protect her corporal independence. In the case of Anuja Kapur vs. Union of India Through Secretary, 2019, a PIL was filed by Anuja Kapur asking the Court to direct the Government of India to release some guidelines and laws on marital rape. But the bench of the Supreme Court headed by Justice SA Bobde and Justice BR Gavai refused the petition and said that the work re...

          From the beginning the Union of two adults have been evolving firstly cultural acceptance and then gradually with the evolution of religion developed a concept called marriage. Free will and consent where still unknown to the larger extent, then slightly like the sunrays of a winter morning a person's consent came into acceptance , together with all the evolution marrige became a sacred obligation later various religious influence this concept for eg.  In Islam marrige is both sacrament and contract, hinduism called is "saatjanam ka bandhan" Marriage for seven life a never ending bond and other religions took differently.  Earlier all these issues we're govern and taken care by communities itself under self governing bodies and entirely functioning upon religious text and no space for any other way or remedy could be opted for, people were emotionally attached to the religious text and even wrong interpretations we're not to be questioned. Si...

Normalising hate is the new constant in India today as it is the answer to every failure of our political setup, the agency which were made to keep check and balance are mere spectators, every organisation under the Indian Constitution are made independent but somehow have been left with loopholes which have been exploited by every party in power for there immunity and luxury, in India the perks of hate being used to be tool to win elections have seen many developments earlier it used to be a hidden appeal in someway or the other, institutions where more or less proactive even the one trying to spread hate we're aware that only way to do it is through hitting the loopholes in statued and functional structure of the nation.  It can't be claimed that this environment of hate is only the product of this current government but surely the out come of irresponsible and corrupt policies of the earlier regimes, this gave opportunity for politics of divide and rule as people we're f...

For ages, the rise and fall of cities have been constant but Afghanistan has been a peculiar case study in the 18th century the Britishers tried to enter as they thought Russians might enter Afghanistan which will create a direct threat to them initially they entered but the country was nothing more than a bhool-bhuleya for them as they don't it's the exit and failed miserably the death toll still haunts the British. Later USSR (UNITED RUSSIA) in the 20th century was capturing and enhancing the area of its great communist nation starts with and in that very greed they enter Afghanistan and again the same story repeats resulted in the origin of newly independent nations from breaking of USSR. The irony is that Americans were supplying the Afghans and Taliban with military equipment to beat USSR and also made movies on that war (Comando) which also applaud the Taliban fighter and describe them as unbeatable but the same people who did all this were the same which they told other ...

  Marriage from the beginning can be traced through its roots in religion as a system and functional set up in the Indian society, which could be traced from ancient times as "Sath Janam ka Bandhan" unknown to the doctrine of Talaq was believed marriage to be an unbroken able bound and concept of consent and divorce was missing and later on with the flow of Islam came consent and divorce with only men entitled to a divorce, although women were given limited rights about divorce. As these two religious beliefs were the most prominent in the subcontinent the entire matrimonial issues were governed by their specific religious scripts and traditions, a Pandit and Qazi were the final judges.  Further with the division of the world in modern boundaries came modern laws and regulating acts and codification of matrimonial laws commences in 1956 Hindu law got codified with exceptions to various traditions, Muslim law didn't get codified but got various regulating laws and the most...

Consent concerning women in India has always been taboo. Historically it has been seen as shameful for women to express their desire, notion families are carrying as "hae ladki Sharma gae" while addressing her marriage, the entire institution of marriage has always been regarded as a wedding between families and a game of men deciding her fate, the ancient Sanatan tradition of "kanyadaan" has the Genesis to such tradition which together with other misogyny prevailed throughout not confined to any particular identifiable group. Even though our constitution-makers drafted a socialist constitution making a march towards an equal society the fact remains there were only 15 women in the drafting committee out of 389 although given the right to consent which was originally taken from the Islamic doctrine of Ijaab & Qbool (offer and acceptance. But India, as society hasn't accepted freedom of consent regarding its women but the truth remains that these biases have ...