Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Court: supreme court of india Page 8 of about 165 results (0.249 seconds)

Vishaka and Others Vs. State of Rajasthan and Others

Court : Supreme Court of India

Reported in : AIR1997SC3011; 1997(2)ALD(Cri)604; 1997(5)ALT14(SC); 1998(1)BLJR228; 1997(3)Crimes188(SC); JT1997(7)SC384; RLW1997(3)SC373; 1997(5)SCALE453; (1997)6SCC241; [1997]Supp3SCR40

..... states should include in their reports information about sexual harassment, and on measures to protect women from sexual harassment and other forms of violence of coercion in the work place.the government of india has ratified the. ..... 141 of the constitution.the guidelines and norms pre-scribed herein are as under:having regard to the definition of 'human rights' in section 2(d) of the protection of human rights act, 1993.taking note of the fact that the present civil and penal laws in india do not adequately provide for specific protection of women from sexual harassment in work places and that enactment of such legislation will take considerable time.it is necessary and expedient for employers in work places ..... the international conventions and norms are to be read into them in the absence of enacted domestic law occupying the field when there is no inconsistency between them. ..... in the absence of domestic law occupying the field, to formulate effective measures to check the evil of sexual harassment of working women at all work places, the contents of international conventions and norms are significant for the purpose of interpretation of the guarantee of gender equality, right to work with human dignity in articles 14 15 19(1)(g) and 21 of the constitution and ..... is now an accepted rule of judicial construction that regard must be had to international conventions and norms for construing domestic law when there is no inconsistency between them and there is a void in the domestic law. .....

Kartar Singh Vs. State of Punjab.

Court : Supreme Court of India

Reported in : 1994SCC(3)569; JT1994(2)423

..... to mention that the facts of the cases appealed against and set out in the writ petitions and slp, if accepted in their entirety, reveal the multiple acts of violence let loose; and the acts of savage revenge perpetrated against individuals, group of persons or any particular community or religious sects show that the violent threat which624has manifested itself is not evidently going ..... to make them lose faith in the government's ability to protect them, (b) a sense of impotence among government officials or to intimidate them as a means of neutralizing their active opposition to the terrorists groups; (2) to undermine the national economy by discouraging foreign investment, dissuading foreign tourists from visiting the country and spurring capital flight by domestic investors; and (3) to provoke harsh governmental reprisals to gain sympathy ..... and process;(2) there were also continuous commission of heinous offenses such as gruesome mass killings of defenseless innocent people including women, children and bystanders, disturbing the peace, tranquility and security;(3) the existing ordinary criminal laws are found to be inadequate to sternly deal with such activities perpetrated on humanity ..... viii of san 2005;(7) the maharashtra prevention of dangerous activities of slumlords, bootleggers and drug offenders act, 198 1;(8) the karnataka prevention of dangerous activities of bootleggers, drug offenders, goondas, gamblers, immoral traffic and slum grabbers act, 1985it has been said .....

Patan Jamal Vali Vs. The State Of Andhra Pradesh

Court : Supreme Court of India

..... routinely denied to dalit women, where their labour was exploited, and no protection available in their places of work, where to be in bondage to a landlord or petty trader was commonplace, and at all times they are viewed as sexually available, and humiliated in their bodily being, sexual violence emerged as not an exceptional act of violence, but the most concentrated expression of a fundamental animus against dalits 46 48 the above discussion highlights the social and economic context in which sexual violence against women from sc & st communities occurs ..... 60 the parliament standing committee report on atrocities against women and children has observed that, high acquittal rate motivates and boosts the confidence of dominant and powerful communities for continued perpetration and recommends inclusion of provisions of sc & st act while registering cases of 39 part c53gendered violence against women from sc & st communities . ..... mohanty, abuse and activity limitation: a study on domestic violence against disabled women in odisha, available at 20 part c in the same vein, a 2011 study found that 21 percent of the 314 women with disabilities surveyed had faced emotional, physical or sexual violence from 29 someone other than their intimate partner. ..... in 2018, section 376 has been further amended by the criminal law 54 (2005) 8 scc1 44 part c amendment act 2018 (act 22 of 2018) by which the minimum punishment has been enhanced to ten years, with the maximum punishment remaining the same .....

Suresh Kumar Koushal and anr. Vs. Naz Foundation and ors.

Court : Supreme Court of India

..... 24334/2009 delhi commission for protection of child rights petitioner (not parties before the high court) the petitioner has been constituted under the commissions for protection of child rights act, 2005 read with goi mha notification ..... any way, the legislative object of protecting women and children has no bearing in regard to consensual sexual acts between adults in private. ..... particular the iccpr and icescr have been domesticated through enactment of section 2 of the protection of human rights act 1993 (francis coralie mullin v. ..... right to health is an inherent part of the right to life under article 21, it is recognised by the icesc which has been domesticated through section 2 of the protection of human rights act 1993. ..... harassment, threats and closure upon organisations who work with msm, preventing supply of condoms as it is seen as aiding an offence; limits access to health services, driving the community underground; prevents disclosure of symptoms; increases sexual violence and harassment against the community; and creates an absence of safe spaces leading to risky sex. ..... raised, it may be pertinent to know that a statute although could have been held to be a valid piece of legislation keeping in view the societal condition of those times, but with the changes occurring therein both in the domestic as also international arena, such a law can also be declared invalid. ..... nothing in this article shall prevent the state from making any special provision for women and children. .....

Social Action Forum Vs. Union of India and Ors. Minstry Law and Justi ...

Court : Supreme Court of India

..... by the petitioners that hundreds of women are being subjected to horrific acts of violence often in the guise of domestic abuse or to extract more money from the girl's natal family due to absence of any uniform system of monitoring and systematic review of 8 incidents of violence against married women which has led to dilution of ..... under article 32 of the constitution of india seeking directions to the respondents to create an enabling environment for married women subjected to cruelty to make informed choices and to create a uniform system of monitoring and systematically reviewing incidents of violence against women under section 498-a ipc including their prevention, investigation, prosecution and rehabilitation of the victims and their children at the ..... women who know that the offence is both cognizable and non-bailable and impromptu works on the complaint of the woman by placing the man behind the bars, but this cannot be a ground for denying the poor and illiterate women the protection that is offered by section 498-a ipc against cruelty, rather there is a need to create awareness specifically in the rural areas about the laws for protection of women ..... state of haryana and another2, the court observed:- 1 (2005) 6 scc281: air2005sc31002(2003) 4 scc675: air2003sc13866 "there is no doubt that the object of introducing chapter xx-a containing section 498a in the indian penal code was to prevent the torture to ..... 17 (2005) 13 scc28733 union of india18 (scc para51) it has been held .....

Dr Ashwini Kumar Vs. Union of India Ministry of Home Affairs

Court : Supreme Court of India

..... directions in some cases as in the case of vishaka (supra) had continued for long till the enactment of the sexual harassment of women at workplace (prevention, prohibition and redressal) act, 2013 because the legislature (it would also include the executive) impliedly and tacitly had accepted the need for the said legislation even if made ..... what can be strictly construed as pure interpretation or judicial review but this has been in cases where the constitutional courts, on the legitimate path of interpreting fundamental rights, have acted benevolently with an object to infuse and ardently guard the rights of individuals so that no person or citizen is wronged, as has been observed in paragraph 46 of the judgment of dipak misra, cj ..... rights of arrested persons including female prisoners to afford them protection in police lock-ups from possible torture or ill-treatment. ..... 10 scc144(1994) 2 scc8045(2004) 5 scc51846air1994bom 323 ma no.2560 of 2018 in wp (c) no.738 of 2016 page 42 of 48 written by a journalist complaining of custodial violence suffered by women prisoners in police lock-ups in the city of bombay, this court in sheela barse v. ..... to efficiently discharge all obligations emanating from treaties/ agreements, such ratification should be undertaken only after relevant domestic clauses have been amended and the enabling legislations enacted when there is absence of domestic law on the subject. ..... constitutional imperative of aligning domestic laws with international law and .....

Sampurna Behrua Vs. Union of India

Court : Supreme Court of India

..... initiation of proceedings in such cases; (d) examine all factors that inhibit the enjoyment of rights of children affected by terrorism, communal violence, riots, natural disaster, domestic violence, hiv/aids, trafficking, maltreatment, torture and exploitation, pornography and prostitution and recommend appropriate remedial measures; (e) look into the matters relating to children in need of special care and protection including children in distress, marginalized and disadvantaged children, children in conflict with law, juveniles, children without family and ..... shall consist of the following members, namely: (a) a chairperson who, is a person of eminence and has done outstanding work for promoting the welfare of children; and (b) six members, out of which at least two shall be women, from the following fields, to be appointed by the central government from amongst persons of eminence, ability, integrity, standing and experience in, (i) education; (ii) child health, care, welfare or child development; (iii) juvenile justice or care of neglected or marginalized children or children with disabilities; w.p. ..... section 13 of the commissions for protection of child rights act, 2005 details the functions of the ncpcr and this reads as follows: w.p. ..... (c) no.473 of 2005 page 18 of 62 mentioned that the scpcr is a body constituted under the provisions of the commissions for protection of child rights act, 2005 with a variety of functions as detailed in section 13 of the said act.39. .....

K.A. Abbas Vs. the Union of India (Uoi) and anr.

Court : Supreme Court of India

Reported in : AIR1971SC481; (1970)2SCC780; [1971]2SCR446

..... with the bringing into contempt of armed forces, or the public authorities entrusted with the administration of law and order and f with the protection of the susceptibilities of foreign nations and religious communities, with fomenting social unrest or discontent to such an extent as to incite people to crime and promoting disorder, violence, a breach of the law 'or disaffection or resistance to government.clauses e and f are further explained by stating what is un- suitable ..... is aggrieved by any order of the board--(a) refusing to grant a certificate; or (b) granting only an "a" certificate; or (c) directing the applicant to carry out any excisions or modifications;may, within thirty days from the date of such order, appeal to the central government, and the central government may, after such inquiry into the matter as it considers necessary and after giving the appellant an opportunity for representing his ..... such directions as it may think fit setting out the principles which shall guide the authority competent to grant certificates under the act in sanctioning films for public exhibition.the first question raised before us is that the legislature has not indicated any guidance to ..... in clause c the unsuitability arises from lowering the sacredness of the institution of marriage and depicting rape, seduction and criminal assaults on women, immoral traffic in women, soliciting prostitution or procuration, illicit sexual relations, excessively ..... to disrupt domestic harmony or .....

Devender Pal Singh Bhullar Vs. State of N.C.T. of Delhi

Court : Supreme Court of India

..... to the contrary, a very large segment of people, the world over, including sociologists, legislators, jurists, judges and administrators still firmly believe in the worth and necessity of capital punishment for the protection of society, if in the perspective of prevailing crime conditions in india, contemporary public opinion channelized through the people's representatives in parliament, has repeatedly in the last three decades, rejected all attempts, ..... senior counsel invited our attention to the information obtained from rashtrapati bhawan under the right to information act, 2005 and argued that long delay on the presidents part ..... at present they have outstretched their activities by spreading their wings far and wide almost bringing the major part of the country under the extreme violence and terrorism by letting loose unprecedented and unprovoked repression and disruption unmindful of the security of the nation, personal liberty and right, inclusive of the right to live ..... in short, they are waging a domestic war against the sovereignty of their respective nations or against a race or community in order to create an embryonic imbalance and nervous disorder in the society either on being stimulated or instigated by ..... apart from many skirmishes in various parts of the country, there were countless serious and horrendous events engulfing many cities with blood-bath, firing, looting, mad killing even without sparing women and children and reducing those areas into a graveyard, which .....

Devender Pal Singh Bhullar and anr Vs. State of Nct of Delhi

Court : Supreme Court of India

..... to the contrary, a very large segment of people, the world over, including sociologists, legislators, jurists, judges and administrators still firmly believe in the worth and necessity of capital punishment for the protection of society, if in the perspective of prevailing crime conditions in india, contemporary public opinion channelized through the people's representatives in parliament, has repeatedly in the last three decades, rejected all attempts, ..... senior counsel invited our attention to the information obtained from rashtrapati bhawan under the right to information act, 2005 and argued that long delay on the president s ..... at present they have outstretched their activities by spreading their wings far and wide almost bringing the major part of the country under the extreme violence and terrorism by letting loose unprecedented and unprovoked repression and disruption unmindful of the security of the nation, personal liberty and right, inclusive of the right to live ..... in short, they are waging a domestic war against the sovereignty of their respective nations or against a race or community in order to create an embryonic imbalance and nervous disorder in the society either on being stimulated or instigated by ..... apart from many skirmishes in various parts of the country, there were countless serious and horrendous events engulfing many cities with blood-bath, firing, looting, mad killing even without sparing women and children and reducing those areas into a graveyard, which .....