SCC Online Weekly Rewind Ep. 54 | Cases on Marital Rape – Covid-19 Death Compensation – POCSO and legislation updates discussed

 


Supreme Court 


Supreme Court fixes outer limit for claiming COVID-19 death compensation 

The compensation in case the death occurred due to COVID-19 is now to be claimed within a prescribed time limit as the Supreme Court has now fixed the outer limit of sixty days from the date of the order I.e. 24.03.2022, to file the claims for compensation in case the death occurred due to COVID-19 prior to 20.03.2022.

HERE

POCSO| Is investigation of disclosure of victim’s identity permissible without Magistrate’s permission? SC gives split verdict 

The bench of Indira Banerjee and JK Maheshwari, JJ has given split verdict on the issue as to whether the Special Court is debarred from taking cognizance of an offence under Section 23 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and obliged to discharge the accused under Section 227 CrPC, only because of want of permission of the jurisdictional Magistrate to the police, to investigate into the offence. 

HERE


High Court


 Delhi High Court 

Can Chairman of CAT on his own motion, without any notice, transfer any case pending before one Bench for disposal to another Bench? Del HC addresses 

Holding that the Chairman of Central Administrative Tribunal has been conferred the power to transfer a matter from one Bench to another, on his own motion, without any application from any party, Delhi High Court agreed with the Solicitor General Tushar Mehta that the power of a Chairman of CAT

Read HERE

  

Accusation of extra-marital relationship is a grave assault on character, status, reputation as well as health of spouse against whom such allegations are made: Would this come under ambit of cruelty? Del HC answers 

While addressing a matter surrounding the issue of cruelty by wife, Delhi High Court expressed that, “It has repeatedly been held that accusations of unchastity or extra marital relationship is a grave assault on character, status, reputation as well as health of the spouse against whom such allegations were made.” 

Read More HERE

  

Kerala High Court 

Man taking a lady from another community in his car, attacked by violent mob: Act of mob moral policing? Ker HC unfolds

Calling it to be ‘moral policing’ Kerala High Court  addressed a matter wherein a man had taken a lady from another community in his car due to which a mob attacked him with deadly weapons.   

In this case, the Bench observed that if such a case would be quashed on the ground of settlement, it would send a wrong message to the public. 

Read More HERE

  

Karnataka High Court 

[Marital Rape]“wanton lust, vicious appetite, depravity of senses, loathsome beast of passion, unbridled unleashing of carnal desire of demonish perversion” Kar HC discusses protection provided to husband by the institution of marriage 

In a marital rape case, Karnataka High Court while observing that the Code practices discrimination, remarked that, 

a woman being a woman is given certain status; a woman being a wife is given a different status. Likewise, a man being a man is punished for his acts; a man being a husband is exempted for his acts. It is this inequality that destroys the soul of the Constitution which is Right to Equality. The Constitution recognizes and grants such equal status to woman as well.” 

 Read More HERE


Legislation Updates 


 Path-breaking step in the large scale Battery Energy Storage System (BESS) 

Read More HERE

 

Foreigners (Amendment) Order, 2022 

The Central Government has made the Foreigners (Amendment) Order, 2022 to amend the Foreigners Order, 1948. The amendment inserts a provision for Requirement of holding a valid passport or other valid travel document while living in India.  

 Read More HERE

 

Employees’ State Insurance (Central) Amendment Rules, 2022 

ESIC eases conditions for women to claim sickness benefits. It provides that in case of an insured woman who is in receipt of maternity benefit and due to reason of which a shorter contribution period is available to her in the contribution period in which the maternity benefit falls, she shall be qualified to claim sickness benefit in the corresponding benefit period if the contribution in respect of her was payable for not less than half the number of days available for working in such contribution period. 

Read More HERE

  

 

 

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