Posts

Showing posts with the label Dr. Vijeta Verma

A grave and sudden provocation: an exception to Murder in Indian Penal Code

Murder is an offence against the Human body under the provisions of the Indian Penal code, it is an offence committed with the intention or knowledge to give a such bodily injury to any person that in all probabilities commits his death, the intention and knowledge is must to punish the offender punishable the murder in the provisions of the Indian Penal Code . Section 300 of the Act defines the term ‘Murder’ where as exception 1 of the Section 300 states that culpable homicide is not murder if the offender deprived of the power of the self control and the death of a person takes place in severity of grave and sudden provocation as unexpected and should be occurred within a short span of the time. There must be a relation between the provocation and killing of a person provoked. On 24 th January 2019 a judgment in the case of Nawaz v. State was delivered by bench comprising Justice Mohan M Shantanagoudar and Justice Dinesh Maheswari of Supreme Court of India observed that "Th...

GENDER JUSTICE

Gender justice is the essence of the Indian democracy ; it stands for the equality of the status between men and women in all sphere of the society. It is the spirit of the social justice. On August 22, 2017 in the case of Shayara Bano and others v. Union of India and other historical judgment has been passed by the Hon’ble Supreme Court of India which declared the triple talaq as arbitrary and unconstitutional under the Muslim Law. The Judgment is based upon the gender justice who will prohibit the Muslim men calling off their marriage on a whim. And another judgment passed in the case of Indian Young Lawyer’s Association & Ors. V. State of Kerala & Ors in which the Hon’ble Supreme Court has permitted entry of women of all age group to the Sabarimala temple, because devotion cannot lead to the gender discrimination. Both the historical judgments are passed to protect the fundamental rights of the women as it violates their Right to equality which is provided in Article 1...