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Kerala HC Supports Same-Sex Marriage As Lesbian Couple Turns Brides After Overcoming All Odds!

Arpita SarkarNovember 29, 20220

After a long struggle against family and society, happiness finally came into the lives of Adhila Nasarin and Fathima Noora. The same-sex couple separated last June due to family objections. At the initiative of the Kerala High Court, they came closer again. After Adhila and Fathima's relationship became known, Fathima's family kept her under house arrest. They filed a 'habeas corpus' petition in the Kerala High Court to verify whether Fathima was alive or not. The court ordered Fathima's family to bring her to court. After hearing the details, the court allowed the two to live together. In a happy development, the two have again gone viral for a wedding photoshoot where they posed as brides. Adhila said, "We just tried the photoshoot because we thought the idea was interesting."...

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Promise Of Marriage To A Married Woman Cannot Be Basis Of Rape: Kerala HC

Arpita SarkarNovember 25, 20220

The Kerala High Court on Thursday exculpated a man facing rape charges. It said that if a man promises to marry an already married woman and the subsequent physical relationship between them will not attract the provision of rape under Section 376 of the Indian Penal Code (IPC). A single bench of Justice Kausar Edappagath dismissed a rape case filed by the police in the Kollam district in 2018. The bench observed that if a married woman voluntarily has sex with a man knowing full well that she cannot legally marry him, it can be no rape. According to the prosecution case, the accused sexually assaulted the applicant several times in Australia by falsely promising marriage. She stated in her plea that she agreed to have sex after repeated promises of marriage by the accused. Altho...

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Sexual Harassment Complaint Invalid If Woman Wears ‘Provocative Dress’: Kerala Court

Arpita SarkarAugust 18, 20220

A court in Kozhikode, Kerala has said that a case of sexual harassment under Section 354 of the Indian Penal Code (IPC) will not stand prima facie if the woman is wearing "sexually provocative dresses." The Sessions Judge, S Krishna Kumar, observed that to attract the offense under Section 354, there must be some unwanted sexual advances but in the instant case, the complainant's photographs showed her "exposing herself in provocative dresses". The court said, "In order to attract this Section, there must be a physical contact and advances involving unwelcome and explicit sexual overtures. There must be a demand or request for sexual favours. There must be sexually colored remarks. The photographs produced along with the bail application by the accused would reveal that defacto c...

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Definition Of Rape Should Be Gender Neutral: Kerala High Court

Arpita SarkarJune 2, 20220

The interpretation of rape in the Indian Penal Code should be gender-neutral, according to the Kerala High Court. In a recent divorce case, an old rape allegation was leveled against the father during a question about who the child would be with the parents. The father's counsel said his client had been granted bail in the case. He was falsely accused of having sex with a false promise of marriage. At the time, Justice Mohammad Mustaq said, "Section 376 of the Indian Penal Code (which includes the definition of rape) is not gender-neutral. If a man has sexual relations with a woman with a false promise of marriage, he can be charged with rape. But if a woman does the same thing, there is no way to file a complaint against her. How's that?" A recent ruling by Justice Mustaq reflec...

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Sexual Harassment Against Women In Workplace: Kerala HC Directs Film Industry To Follow POSH Act

Snehashish RoyMarch 18, 20220

Kerala High Court has urged organisations in the film industry on March 17 to constitute a joint committee to handle the sexual harassment cases against women pertaining to the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The law, prevention of sexual harassment (POSH), was passed in 2013 by the Parliament and Kerala HC has ordered the film production units to follow it. The order came in the wake of public interest litigation (PIL) filed by the Women in Cinema Collection (WCC) urging to set up a mechanism for grievance redressal in the body of Malayalam movie actors, Association of Malayalam Movie Artists (AMMA). The POSH act is a broadened law of the Vishaka guidelines, that were laid down following a Supreme Court judgement in 1997...

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Petition Filed Against PM’s Picture On Vaccination Certificate, Court Asked, “Why Are You Ashamed Of Your Prime Minister?”

Gunjan ChaudharyDecember 14, 20210

The Kerala High Court on Monday examined the maintainability of a petition seeking removal of Prime Minister Narendra Modi's photograph from the coronavirus vaccination certificate. The High Court asked the petitioner whether you are ashamed of the Prime Minister. Justice PV Kunhikrishnan said that the prime minister has been selected by the people of the country, what is wrong in having his photograph on the certificate. Petitioner's advocate Peter Myliprampil told the court when it was not happening in other countries, the judge said he would not be proud of his prime ministers, but we are. He asked the petitioner, 'Why do you feel ashamed of the Prime Minister? He has come to power with the support of the people… Our political views may be different, but he is still our prime minist...

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