C.I.

A 1
Law, Literature & Judicial Process

Submitted By – Samridhi Sinha, Anshika Tripathi and

 Akshat Verma

Child, Law and Consensual Sex

Consensual Sex refers to the situation when all people involved in any
kind of sexual activity agree to take part by choice. They also need to
have the freedom and capacity to make that choice.
Section 90 of the IPC states “Consent is not consent if it is given by people
below the age of 18”
POCSO Act, 2012(protection of children from sexual offences) is a
legislation to protect children from offences of sexual assault, sexual
harassment and pornography. It provides strict obligations for the
commission of offences against children ranging from a minimum of 20
years of imprisonment to the death penalty in case of aggravated
penetrative sexual assault.
Provisions of POCSO and section 375 IPC aim to safeguard children
from penetrative sexual assault regardless of their consent, which could
be provided voluntarily.
In the last one month, at least three different High Courts have either
quashed FIRs and pending criminal proceedings or acquitted accused
persons under the POCSO Act, 2012. One High Court released the
accused on bail because the accused and victim had
consensual sex.
The Gujarat High Court recently quashed a rape case against a man who
has been facing rape accusations from his girlfriend, she has been
alleging that he raped her for six years after falsely promising to marry
her, observing that the case is of consensual sex. The court said that the
complainant was well aware of the pros and cons of the relationship and
that no false promise of marriage was given at an early stage. While
releasing the man from the registered case in Gujarat High Court Justice
Gita Gopi said, “At the inception of the relation, there would not have been
any promise to marry. There is no ground to even assume that he has
committed the offence to consider culpable mentality. The case is of
consensual sex.”
The Court recommended that the Indian government consider reducing
the age of consent of the prosecutrix from 18 to 16 years.
A ‘child’ under POCSO is defined as any person below the age of 18
years. Acts of penetrative sexual assault committed on children are
criminal offences under POCSO. The purpose of defining a child and the
provision under section 375 of the IPC (sexual intercourse, whether with
or without her consent, is rape if she is under 18 years of age), under
POCSO is to safeguard children against such penetrative sexual assault
irrespective of their consent, which could even be voluntary and
Unequivocal.

Q: What is the role of law used in

this case?
The role of law in this article is that a body needs to be protected from
misconduct or behaviour and states that an act should not be committed
without consent.
Jammu and Kashmir surrendered its
sovereignty to INDIA ‘absolutely,
completely’: SC

Composition 370 of the Indian constitution gave special status to

Jammu and Kashmir, where a large part of Kashmir has been the
the subject of disagreement between India, Pakistan and China since 1947.
On Oct17, 1949 Composition 370 was added to the Indian Constitution,
as a temporary provision that exempted Jammu and Kashmir, from
drafting its own constitution and also confining the Indian Parliament’s
legislative in the state. On 5th August 2019 President of India while
exercising the powers conferred by clause 1 of Composition 370 of the
constitution had issued the constitution (operation to Jammu and
Kashmir) Order, 2019. Through this, the government made variations
in composition 370 itself. (Not abandoned it). This idea of invalidation
of composition 370 came into actuality to maintain peace and
harmony of the state and also to reduce terrorism. Sovereignty is a
the political idea that refers back to the electricity that a rustic has to
govern its veritably own government. The Supreme Court said that the
rendition of Jammu and Kashmir’s sovereignty to India was absolutely
complete as observing that Composition 1 of the Indian Constitution says
India shall be a union of countries, including Jammu and Kashmir which
means the transfer of sovereignty was complete and absolute in all
felicitations, a five-judge bench headed by CJI DY CHANDRACHUD said,
Schedule 1 of the constitution contains a list of the countries and union
homes where Jammu and Kashmir are also mentioned. The point to be
noted is that there was no tentative rendition of the sovereignty of Jammu
and Kashmir with India. The rendition was complete. The
The argument of the leaders who have challenged the invalidation of
Composition 370 is that beneath the Instrument of Accession the
government of India was empowered to look only after the defence,
communication and external affairs.

FROM DELHI TO MANIPUR

 On May 3rd, 2023, a hideous incident took place in Manipur. Two women
were raped, forced to march naked in Manipur's streets, and killed later. This
ugly incident took place because of them.
ethnic conflict between the Meitei and Kuki-Zomi tribes of Manipur. The
incident came to light almost a month later. Only then was strict action taken
against the offenders. The PIL was filed on 24th of July 2023 before the
Supreme Court of India. After the PIL Justice D.Y Chandrachud appointed an
all-women committee of three formal high court judges headed by Justice
Geeta Mittal (former chief justice of Jammu and Kashmir High Court).

After this shocking incident, one thing is clear our society is still not safe for
women. This takes us back to December 2012 “The Nirbhaya Case”. When
the country got together and protested against the offenders and the central
government. Let’s brief ourselves with another horrific incident back in 2008.
Where a female journalist was murdered, and the then chief minister of Delhi
Sheila Dikshit stated “All by herself till 3 am in the city……you should not be
so adventurous”. Imagine such disgusting words coming out from the chief
minister of Delhi. Coming from a person who is responsible for maintaining
peace and harmony in society.

This brings us to the conclusion that be it Delhi or Manipur, be it 2012 or

2023, our society is still not safe for women. Be it physically or emotionally.

Q: What is the role of law used in

this case?
Ans: While underlining that its role in the escalating situation in Manipur is
limited, the Supreme Court said that it is the responsibility of the elected
government to bring the situation under control.
The never-ending saga between
India and Sri Lanka!
· India- Srilanka ties and their vision:
1. The main focus that the Indian PM Narendra Modi and Srilankan
President Ronil Wickremesinghe spoke about are as follows: a.
Maritime (sea)
b. Air
c. Energy
d. Trade
e. People-to-people interaction.
2. Developments of Solar plants.
3. Using the Indian rupee for trade.
4. To enhance and promote tourism, and educational collaboration.

· What did the Sri Lankan President quote about the present situation of
Srilanka?
Mr Wickremesinghe said that “My government lacks the electoral mandate”.

Mr Wickremesinghe's political visit to India acknowledged previous

commitments by Srilankan on honouring the 13 th Amendment for the
devolution of powers to the North and Eastern provinces.

· Conclusion:
1. It is a never-ending saga of legal wrangling between the centre of the
government and the National capital territory.
2. President of India to create a new scheme to regulate services in Delhi
will be scrutinised to be a constitutional bench.
SC AGREES TO LIST PLEAS TO
CRIMINALISE MARITAL RAPE BEFORE
3 JUDGE BENCH

 Exception 2 of Section 375 of the Indian Penal Code (IPC)

decriminalises marital rape

 Main Focus:
1. Chief Justice of India D.Y Chandrachud on Wednesday agreed to
list early a series of petitioners seeking the criminalisation of
marital rape.

2. Senior Advocate Indira Jaising and Advocate Karuna Nundy

jointly mentioned the case for urgent listing before the bench.

3. The court said the case would require a three-judge bench and
agreed to list it early.

 Important Decisions:
1. The Karnataka High Court stated that if the husband forces his
wife for sexual intercourse, then he is liable for rape.

2. Any change in the law should be carried out by the legislature

since the issue requires consideration of various aspects,
including social, cultural and legal.

 Conclusion:
1. The J.S Verma committee of 2013 has recommended the
removal of the exception for marital rape and proposed that the
law should specify that marital or other relationship between
the offender and the victim is not a defence against hideous
crime such as rape.
 2. e Exception 2 of article 375 violates the integrity and dignity of
women.

Q: What is the role of law in this

case?
Ans: The Law in this case makes sure that it should not be an Act that is
committed against the will and an Act should not be committed against the
consent of the woman.