News Analysis India

Tag: consent

  • Review age of consent: CJI DY Chandrachud to Parliament

    Express News Service

    NEW DELHI: Amidst the difficulty faced by judges while dealing with cases falling under the POCSO act where consenting adolescents engage in sexual activity, Chief Justice of India DY Chandrachud on Saturday urged the legislature to consider growing concerns related to the age of consent under the 2012 Act.

    The POCSO Act criminalizes all sexual activity for those under the age of 18 regardless of whether consent is factually present between the two minors in a particular case. 

    “I note that the topic for one of the panel discussions today is to do with the judgments of POCSO courts in “romantic cases” or cases where consenting adolescents engage in sexual activity. As you are no doubt aware, the POCSO Act criminalizes all sexual activity for those under the age of 18 regardless of whether consent is factually present between the two minors in a particular case. In my time as a judge, I have observed that this category of cases poses difficult questions for judges across the spectrum. There is growing concern surrounding this issue, which must be considered by the legislature in light of reliable research by experts in adolescent healthcare,” the CJI said while delivering his keynote address at the National Annual Stakeholders Consultation on Child Protection that was organised by the Supreme Court Committee on Juvenile Justice in association with UNICEF. 

    The event was also attended by Supreme Court judge Justice Ravindra Bhat, Union Minister for Women and Child Development Smriti Irani, Ms. Cynthia McCaffery (Country Representative, UNICEF India), former SC judge Justice Deepak Gupta, HC judges, judges of the POCSO courts, members of the Juvenile Justice Committees, panellists, experts. 

    Underscoring the impact of exposure of children to sexual violence at an early age which can lead to severe trauma and can have life-long ramifications, the CJI also said that it is imperative for the state and other stakeholders to create awareness regarding the prevention of child sexual abuse, its timely recognition, and the various remedies available in law and otherwise. 

    “Children must also be taught the difference between ‘safe touch’ and ‘unsafe touch’. While this was previously couched as ‘good touch’ and ‘bad touch’, child rights activists have urged parents and others to use the words ‘safe’ and ‘unsafe’ because the words ‘good’ and ‘bad’ have moral implications, especially for children, and may prevent them from reporting abuse,” the CJI said. 

    Chandrachud also asked the states to encourage families to report cases of abuse irrespective of the perpetrator being a family member and also urged the executive to join hands with the judiciary to prevent this from happening.

    “The use of professional counselling services must also be encouraged, especially because many parents are unaware that this can help the child deal with trauma. Above all, there is an urgent need to ensure that the so-called honour of the family is not prioritized over the best interests of the child.

    It is an unfortunate fact that the manner in which the criminal justice system functions sometimes compounds the victim’s trauma. The executive must join hands with the judiciary to prevent this from happening,” the judge said. 

    Laying emphasis on the insufficient infrastructure and low availability of trained support personnel for the judges of the POCSO courts, the judge said that there is an urgent need for all branches of the state to properly train police and support personnel, provide adequate infrastructure and disburse compensation in a timely manner. 

    NEW DELHI: Amidst the difficulty faced by judges while dealing with cases falling under the POCSO act where consenting adolescents engage in sexual activity, Chief Justice of India DY Chandrachud on Saturday urged the legislature to consider growing concerns related to the age of consent under the 2012 Act.

    The POCSO Act criminalizes all sexual activity for those under the age of 18 regardless of whether consent is factually present between the two minors in a particular case. 

    “I note that the topic for one of the panel discussions today is to do with the judgments of POCSO courts in “romantic cases” or cases where consenting adolescents engage in sexual activity. As you are no doubt aware, the POCSO Act criminalizes all sexual activity for those under the age of 18 regardless of whether consent is factually present between the two minors in a particular case. In my time as a judge, I have observed that this category of cases poses difficult questions for judges across the spectrum. There is growing concern surrounding this issue, which must be considered by the legislature in light of reliable research by experts in adolescent healthcare,” the CJI said while delivering his keynote address at the National Annual Stakeholders Consultation on Child Protection that was organised by the Supreme Court Committee on Juvenile Justice in association with UNICEF. 

    The event was also attended by Supreme Court judge Justice Ravindra Bhat, Union Minister for Women and Child Development Smriti Irani, Ms. Cynthia McCaffery (Country Representative, UNICEF India), former SC judge Justice Deepak Gupta, HC judges, judges of the POCSO courts, members of the Juvenile Justice Committees, panellists, experts. 

    Underscoring the impact of exposure of children to sexual violence at an early age which can lead to severe trauma and can have life-long ramifications, the CJI also said that it is imperative for the state and other stakeholders to create awareness regarding the prevention of child sexual abuse, its timely recognition, and the various remedies available in law and otherwise. 

    “Children must also be taught the difference between ‘safe touch’ and ‘unsafe touch’. While this was previously couched as ‘good touch’ and ‘bad touch’, child rights activists have urged parents and others to use the words ‘safe’ and ‘unsafe’ because the words ‘good’ and ‘bad’ have moral implications, especially for children, and may prevent them from reporting abuse,” the CJI said. 

    Chandrachud also asked the states to encourage families to report cases of abuse irrespective of the perpetrator being a family member and also urged the executive to join hands with the judiciary to prevent this from happening.

    “The use of professional counselling services must also be encouraged, especially because many parents are unaware that this can help the child deal with trauma. Above all, there is an urgent need to ensure that the so-called honour of the family is not prioritized over the best interests of the child.

    It is an unfortunate fact that the manner in which the criminal justice system functions sometimes compounds the victim’s trauma. The executive must join hands with the judiciary to prevent this from happening,” the judge said. 

    Laying emphasis on the insufficient infrastructure and low availability of trained support personnel for the judges of the POCSO courts, the judge said that there is an urgent need for all branches of the state to properly train police and support personnel, provide adequate infrastructure and disburse compensation in a timely manner. 

  • Review age of consent: CJI DY Chandrachud to Parliament

    Express News Service

    NEW DELHI: Amidst the difficulty faced by judges while dealing with cases falling under the POCSO act where consenting adolescents engage in sexual activity, Chief Justice of India DY Chandrachud on Saturday urged the legislature to consider growing concerns related to the age of consent under the 2012 Act.

    The POCSO Act criminalizes all sexual activity for those under the age of 18 regardless of whether consent is factually present between the two minors in a particular case. 

    “I note that the topic for one of the panel discussions today is to do with the judgments of POCSO courts in “romantic cases” or cases where consenting adolescents engage in sexual activity. As you are no doubt aware, the POCSO Act criminalizes all sexual activity for those under the age of 18 regardless of whether consent is factually present between the two minors in a particular case. In my time as a judge, I have observed that this category of cases poses difficult questions for judges across the spectrum. There is growing concern surrounding this issue, which must be considered by the legislature in light of reliable research by experts in adolescent healthcare,” the CJI said while delivering his keynote address at the National Annual Stakeholders Consultation on Child Protection that was organised by the Supreme Court Committee on Juvenile Justice in association with UNICEF. 

    The event was also attended by Supreme Court judge Justice Ravindra Bhat, Union Minister for Women and Child Development Smriti Irani, Ms. Cynthia McCaffery (Country Representative, UNICEF India), former SC judge Justice Deepak Gupta, HC judges, judges of the POCSO courts, members of the Juvenile Justice Committees, panellists, experts. 

    Underscoring the impact of exposure of children to sexual violence at an early age which can lead to severe trauma and can have life-long ramifications, the CJI also said that it is imperative for the state and other stakeholders to create awareness regarding the prevention of child sexual abuse, its timely recognition, and the various remedies available in law and otherwise. 

    “Children must also be taught the difference between ‘safe touch’ and ‘unsafe touch’. While this was previously couched as ‘good touch’ and ‘bad touch’, child rights activists have urged parents and others to use the words ‘safe’ and ‘unsafe’ because the words ‘good’ and ‘bad’ have moral implications, especially for children, and may prevent them from reporting abuse,” the CJI said. 

    Chandrachud also asked the states to encourage families to report cases of abuse irrespective of the perpetrator being a family member and also urged the executive to join hands with the judiciary to prevent this from happening.

    “The use of professional counselling services must also be encouraged, especially because many parents are unaware that this can help the child deal with trauma. Above all, there is an urgent need to ensure that the so-called honour of the family is not prioritized over the best interests of the child.

    It is an unfortunate fact that the manner in which the criminal justice system functions sometimes compounds the victim’s trauma. The executive must join hands with the judiciary to prevent this from happening,” the judge said. 

    Laying emphasis on the insufficient infrastructure and low availability of trained support personnel for the judges of the POCSO courts, the judge said that there is an urgent need for all branches of the state to properly train police and support personnel, provide adequate infrastructure and disburse compensation in a timely manner. 

    NEW DELHI: Amidst the difficulty faced by judges while dealing with cases falling under the POCSO act where consenting adolescents engage in sexual activity, Chief Justice of India DY Chandrachud on Saturday urged the legislature to consider growing concerns related to the age of consent under the 2012 Act.

    The POCSO Act criminalizes all sexual activity for those under the age of 18 regardless of whether consent is factually present between the two minors in a particular case. 

    “I note that the topic for one of the panel discussions today is to do with the judgments of POCSO courts in “romantic cases” or cases where consenting adolescents engage in sexual activity. As you are no doubt aware, the POCSO Act criminalizes all sexual activity for those under the age of 18 regardless of whether consent is factually present between the two minors in a particular case. In my time as a judge, I have observed that this category of cases poses difficult questions for judges across the spectrum. There is growing concern surrounding this issue, which must be considered by the legislature in light of reliable research by experts in adolescent healthcare,” the CJI said while delivering his keynote address at the National Annual Stakeholders Consultation on Child Protection that was organised by the Supreme Court Committee on Juvenile Justice in association with UNICEF. 

    The event was also attended by Supreme Court judge Justice Ravindra Bhat, Union Minister for Women and Child Development Smriti Irani, Ms. Cynthia McCaffery (Country Representative, UNICEF India), former SC judge Justice Deepak Gupta, HC judges, judges of the POCSO courts, members of the Juvenile Justice Committees, panellists, experts. 

    Underscoring the impact of exposure of children to sexual violence at an early age which can lead to severe trauma and can have life-long ramifications, the CJI also said that it is imperative for the state and other stakeholders to create awareness regarding the prevention of child sexual abuse, its timely recognition, and the various remedies available in law and otherwise. 

    “Children must also be taught the difference between ‘safe touch’ and ‘unsafe touch’. While this was previously couched as ‘good touch’ and ‘bad touch’, child rights activists have urged parents and others to use the words ‘safe’ and ‘unsafe’ because the words ‘good’ and ‘bad’ have moral implications, especially for children, and may prevent them from reporting abuse,” the CJI said. 

    Chandrachud also asked the states to encourage families to report cases of abuse irrespective of the perpetrator being a family member and also urged the executive to join hands with the judiciary to prevent this from happening.

    “The use of professional counselling services must also be encouraged, especially because many parents are unaware that this can help the child deal with trauma. Above all, there is an urgent need to ensure that the so-called honour of the family is not prioritized over the best interests of the child.

    It is an unfortunate fact that the manner in which the criminal justice system functions sometimes compounds the victim’s trauma. The executive must join hands with the judiciary to prevent this from happening,” the judge said. 

    Laying emphasis on the insufficient infrastructure and low availability of trained support personnel for the judges of the POCSO courts, the judge said that there is an urgent need for all branches of the state to properly train police and support personnel, provide adequate infrastructure and disburse compensation in a timely manner. 

  • Denial of sex not ‘exceptional hardship’ to end marriage: Delhi High Court

    By ANI

    NEW DELHI: The Delhi High Court on Monday refused to set aside the order passed by the trial court dismissing the mutual divorce petition filed within one year of marriage. The petitioners had moved the trial court for divorce on the ground of denial of conjugal relationship by both the parties.

    The High court rejected the submissions of the parties that the denial of conjugal relations is such that it causes “exceptional hardship or exceptional depravity” to either or both of them.

    The division bench of acting Chief Justice Vipin Sanghi and Justice Jasmeet Singh observed in the order, “We are of the view, that though denial of conjugal relationship is a ground for divorce, and tantamount to cruelty, the same cannot be said to amount to “exceptional hardship.”

    The bench further observed, “The exception of “exceptional hardship” or “exceptional depravity” would be attracted in extenuating circumstances, and is not intended to mean, or be treated, on the same line as cruelty simpliciter.”

    The appellant/petitioner (wife) had challenged the order passed by the family court. The marriage between the appellant and the respondent was solemnised on 4 April 2021 as per the Hindu rites and ceremonies at Ram Nagar, Uttarakhand.

    The appellant started living separately on April 14, 2021, in the same matrimonial home after marital differences cropped up between the couple. On July 29, 2021, the appellant left her matrimonial home and went to her parental house.

    “Once the Parliament, in its wisdom, has legislated that denial of cohabitation/conjugal relationship over a period of one year, or more, would be tantamount to cruelty, it cannot be said that denial of sex simpliciter within the period of one year, would be a case an exceptional hardship. Thus we reject the submission of the appellant that the denial of conjugal relation by both parties is such, that it causes “exceptional hardship or exceptional depravity” to either, or both of them,” the judgment reads.

    The bench said, “We reject this appeal and uphold the order of the family court rejecting the application of parties filed under the proviso to Section 14 of the Hindu Marriage Act, 1955. We reserve the right of the parties to move to the appropriate court independently, after the expiry of one year of separation.”

    The High Court said, “The intent behind the framing of Section 13, 13B and Section 14 of the Hindu Marriage Act was to protect both- the individuals, as also the marriage. What the legislature has sought to address by way of divorce on the ground of cruelty, cannot be categorised as exceptional hardship or depravity so as to by-pass the well-established procedure.”

    The family court on October 16, 2021, had dismissed the divorce petition filed by the husband and wife under Section 13B (divorce by mutual consent) for dissolution of marriage. The family court had dismissed the application under Section 14 and the petition filed under Hindu Marriage Act as it was filed before the expiry of one year from the date of marriage.

  • Punish those who obtain consent for sex on false promise of marriage: Allahabad High Court

    Express News Service
    LUCKNOW: Making a crucial observation on the need for a specific legal framework to deal with cases of sexual exploitation of women, Allahabad High Court exhorted the legislature to bring a law to punish those who obtain consent for establishing sexual relationship with women on false promise of marriage.

    In its observation, the bench headed by Justice Pradeep Kumar Srivastava, said that the feudal mindset and male chauvinism that women were nothing but an object of enjoyment was needed to be addressed and strictly dealt with in order to create a healthier society.

    While hearing a criminal  appeal filed by the accused, currently in jail, against rejection of his bail plea by the lower court in the case registered against him under Section 376 of IPC and Section 3(2)5 of SC/ST Act, the court observed that the accused actually never wanted to marry the victim who was in lovewith him.

    The court also noted that the accused had malafide intention and had made a false promise to the woman to marry her only to satiate his lust. The court said that the case certainly fell within the ambit of cheating and playing deception to obtain consent for sex.

    The case under consideration of the High Court pertained to a woman police constable who belonged to scheduled caste and was called by the appellant accused in a hotel room to finalize their marriage and prepare the relevant documents for the purpose. However, in the hotel room, the accused allegedly raped the woman.

    Consequently, she lodged an FIR the same day and got her statement registered with the inquiry officer under Section 161 and before a magistrate under Section 164 of CrPC.

    Dismissing the plea of the accused, the court also observed that till a law to protect the victim of such deception was framed, the court should take into consideration the social reality and continue giving protection to such women who suffer on account of false promise of marriage.

  • Sharon Stone says surgeon gave her larger breasts without consent

    By ANI
    WASHINGTON: American actor Sharon Stone revealed that her doctor gave her bigger breast implants without her permission during reconstructive surgery in 2001.

    According to People Magazine, the 63-year-old actor reportedly wrote in her memoir, ‘The Beauty of Living Twice’ (via People magazine), “when I was unbandaged, I discovered that I had a full cup-size bigger breasts, ones that he said ‘go better with your hip size.’”

    The ‘Basic Instinct’ actor explained that her doctor made this decision without telling her first.

    “He had changed my body without my knowledge or consent,” she shared.

    When Stone asked her surgeon why he had used bigger implants than the size they had discussed, she said he “thought that I would look better with bigger, ‘better’ b**bs.”

    The ‘Catwoman’ star underwent breast reconstructive surgery following another procedure in 2001 where she had benign tumours – which she described as “gigantic, bigger than my breast alone” – removed.

    And that wasn’t the only health scare she endured that year. Stone recently opened up about her “near-death” experience in 2001 when she had a stroke and cerebral haemorrhage.

    While recounting on her experience, Stone told Willie Geist on ‘Sunday Today’, “The room was so silent while doing press for her book.

    “When the room is so silent and no one’s running around trying to fix you, that’s when you realise how near death is and how serious everything is.”

    Geist added that in her book, Stone wrote about “the light, the feeling of falling, seeing people who had passed.”

    “I found out that I wasn’t the only one who’d had this kind of experience,” she told Geist.

    “It’s so profound. And I know that scientists feel that it’s a scientific thing that happens. And spiritualists believe that it’s a spiritual thing. Personally, I’m with [Albert] Einstein, who believed that it’s both.”

    Page Six reported that Stone’s memoir will be available for purchase on Tuesday.

  • Janet Yellen to be the first woman Finance Minister in US 231-year history

    America’s newly elected President Joe Biden on Monday nominated Janet Yellen for the post of finance minister, and Indian-American Neera Tandon as the White House’s top post for management and budget office director. If confirmed by the US Senate, 74-year-old Yellen would be the first woman to head the finance ministry in its 231-year history.

    On the other hand, if Tandon’s name is confirmed for this position in the US Senate, she will be the first black woman to become head of the influential management and budget office in the White House. Tandon is currently the CEO of the left-leaning Center for American Progress.

    Biden has given only women a place in his senior press team. This is the first time in the history of America that all the President’s team of any President should be women. The team will be led by Kate Bedingfield, formerly deputy communications director of Biden’s campaign. Biden has promised that he will diversify his administration which will reflect the diversity of the country.

    Biden issued a statement saying that it is the responsibility of the President to keep direct and correct communication with the people of America. This team has the responsibility of connecting the White House with the American people. I trust it will survive this.

    He said that qualified and experienced communicators of the team will work on different aspects. All will participate in the mission of making America better again. Kamala Harris will have two chief press officers, Simone Sanders and Ashley Etienne. The press office does not require the approval of the Senate like in the posts of the Cabinet.