Marital Law

India, Bangladesh exchange 90 fishermen at maritime boundary amid tension

In a mutual exchange between India and Bangladesh amid strained bilateral relations, the Indian Coast Guard (ICG) handed over 90 Bangladeshi fishermen for 95 Indian fishermen at the International Maritime Boundary Line, a Defence official said here. The Indian fishermen were handed over by the ICG to the district magistrate of West Bengal's South 24 Parganas near Sagar Island on Monday, he said. The operation was the result of mutual efforts of the Ministry of External Affairs (MEA), West Bengal government and the Indian Coast Guard (ICG) in maintaining maritime relations between India and Bangladesh, the Defence official said in a statement. He said that on December 9, 2024, ICG apprehended two Bangladeshi fishing trawlers FV Laila-2 and FV Meghna-5 with 78 fishermen on board, engaged in fishing within Indian waters. The Centre accorded approval for the repatriation of 78 crew members along with two Bangladeshi fishing boats and an additional 12 crew of sunken Bangladesh fishing b

Marital rape: Centre argues against terming it as 'rape' in Supreme Court

The Centre argued that the complexities of marriage differentiate non-consensual sex within it from similar acts outside while acknowledging a husband has no right to violate his wife's consent

SC to hear pleas against laws granting immunity to husbands in marital rape

The Supreme Court has said it listed for Tuesday pleas on the vexed legal question of whether a husband should enjoy immunity from prosecution for the offence of rape if he forces his wife, who is not a minor, to have sex. A bench of Chief Justice DY Chandrachud and Justice JB Pardiwala said the pleas were already "listed tomorrow" and they would be taken up after some part-heard cases. The pleas for early listing were mentioned by senior advocate Karuna Nundy, appearing for a litigant in the case. On September 18, senior advocate Indira Jaising, appearing for one of the litigants, mentioned that the pleas needed to be heard urgently. The top court on July 16 agreed to list for hearing the pleas on the legal question. The Chief Justice had indicated that the cases might be taken up on July 18. Under the exception clause of Section 375 of the Indian Penal Code (IPC), now repealed and replaced by the Bharatiya Nyaya Sanhita (BNS), sexual intercourse or sexual acts by a man with his

Supreme Court bench to start hearing pleas on marital rape in mid-October

The Supreme Court on Friday said it would list pleas on the issue of marital rape for hearing in mid-October. The pleas raise the legal question of whether a husband enjoys immunity from prosecution for the offence of rape if he forces his wife, who is not a minor, to have sex. A bench comprising Chief Justice D Y Chandarchud and Justices J B Pardiwala and Manoj Misra took note of the submissions of lawyer Karuna Nundy that the pleas needed to be heard. We are in midst of constitution bench hearings. We can list this after the constitution bench matters are wrapped up, the bench said and asked Solicitor General Tushar Mehta and other lawyers how much time they would take in advancing their arguments. I will take two days. This (issue) has social ramifications, the law officer said. A counsel for the petitioners said they would like to argue for three days. Then it can be listed for hearing in April next year! the CJI quipped and later said the pleas would be listed for hearing in .

Now, all women are entitled to safe and legal abortion: Supreme Court

The court also for the first time recognised marital rape under the MTP Act