List of Current Affairs

Source: Bombay High Court 

Why in News?

Recently, the Bombay High Court in the matter of S v. State of Maharashtra has essentially reinforced the principle that marriage cannot be used as a defense in cases involving sexual offenses against minors, regardless of consent or marital status. 

What was the Background of S v. State of Maharashtra Case?  

• Original Criminal case was filed against the appellant for the offences punishable under Sections 64(2)(f), 64(2)(i), 64(2)(m), 65(1) of the Bharatiya Nyay Sanhita, 2023 (BNS) and Sections 4, 6 and 8 of the Protection of Children from Sexual Offences Act, 2012 (POCSO) 
• Initial Relationship: 
  • The complainant was a minor girl 
  • The appellant and complainant were in a love affair 
  • The girl was 31 weeks pregnant at the time of filing the complaint  
• Alleged Sequence of Events: 
  • The appellant allegedly had forcible sexual intercourse with the complainant 
  • He continued the relationship on a false promise of marriage 
  • After the complainant conceived, she requested him to marry her 
  • The appellant performed an informal ceremony by exchanging garlands in front of neighbors 
  • He rented a house and made her believe she was his wife. 
  • He appellant pressured the complainant to abort the pregnancy 
  • Upon her refusal, he allegedly assaulted her 
  • The complainant returned to her parents' house 
  • The appellant allegedly assaulted her twice at her parents' house 
  • He denied paternity of the child  
• The complainant filed a case with the Child Welfare Committee (CWC) of Wardha Police. 
• During trial court proceedings, the complainant acknowledged showing photos of their garland ceremony to CWC officials 
• The appellant claimed the sexual acts were consensual 
• He argued that since they were married, the acts could not constitute rape. 
• This was a criminal appeal heard at the Bombay High Court's Nagpur bench 
• The appeal challenged a trial court judgment from Wardha district. 

What were the Court’s Observations? 

• The Bombay High Court observed that: 
  • On Consent and Marriage: 
    • The court held that sexual intercourse with a girl below 18 years is rape, regardless of marital status 
    • The defense of consensual sex with a wife is not available when the wife is below 18 years 
    • Even if there was a supposed marriage, non-consensual intercourse with a wife below 18 years constitutes rape 
  • On Evidence Assessment: 
    • The court found that the prosecution successfully proved the victim was below 18 years at the time of the crime 
    • The Medical Officer's evidence was found to be corroborative 
    • The birth certificate and DNA report supported the victim's testimony 
    • The court found the evidence on record to be cogent and concrete 
  • On Trial Court's Judgment: 
    • The High Court determined that the Trial Judge had not committed any mistakes 
    • The findings of the Trial Court were found to be supported by concrete reasons 
    • The court saw no reason to discard or disbelieve the evidence on record 
• The Bombay High Court explicitly rejected the appellant's argument that consensual intercourse with his wife cannot amount to rape 
• The court followed the Supreme Court's precedent regarding sexual intercourse with minors 
  • The marital status of the victim was held to be irrelevant when determining rape in cases involving minors 
• The Bombay High Court after making the above observations upheld the conviction under rape charges and POCSO Act. 
  • The court dismissed the appeal, maintaining the trial court's verdict 
• The Bombay High Court essentially reinforced the principle that marriage cannot be used as a defense in cases involving sexual offenses against minors, regardless of consent or marital status. 

What is the Offence of Rape? 

• About: 
  • Rape, as defined under the BNS is one of the most heinous crimes against women, with far-reaching physical, emotional, and psychological consequences. 
  • Under the BNS, rape is addressed comprehensively, with provisions detailing the elements of the offence, penalties for offenders, and procedural requirements for justice to be served. 
  • Section 63 of BNS defines the offence of Rape. 
• Understanding the Definition of Rape: 
  • According to the statute, rape occurs when there is sexual intercourse with a woman against her will, without her consent, under certain specified conditions. 
  • These conditions include instances where consent is obtained through coercion, deception, or when the woman is unable to give consent due to intoxication, unsoundness of mind, or being under the age of consent. 
• Elements of the Offence: 
  • To establish the offence of rape under the BNS, certain key elements must be proven beyond a reasonable doubt. 
  • These elements typically include the absence of consent, the presence of force, coercion, or deception, and the sexual penetration of the victim. 
  • Furthermore, the law recognizes that consent must be given voluntarily and with full understanding of the nature of the act, without any fear or duress. 
• Legal Penalties and Punishments: 
  • The BNS prescribes stringent penalties for individuals convicted of rape, recognizing the gravity of the offense and its impact on the victim. 
  • The severity of the punishment varies depending on the circumstances of the case, including the age of the victim, the use of force or violence, and the presence of aggravating factors such as gang rape or repeat offenses. 
• Amendments: 
  • In 2013, significant amendments were made to the IPC regarding rape laws through the Criminal Law (Amendment) Act, 2013, following the Mukesh & Anr v. State for NCT of Delhi & Ors (2017). 
  • These amendments introduced more stringent penalties, including the death penalty in cases of rape resulting in the victim's death or leaving her in a persistent vegetative state. 

What is the Age of Consent under POCSO Act, 2012? 

• The POCSO Act raised the age of consent for sexual activity to 18 years from 16 years in 2012 and it denies consensual sexual agency for young persons falling in the 16 to 18 years age bracket. 
• In the case of State of Madhya Pradesh v. Balu (2004), the Supreme Court held that the consent of minors has no value in the eyes of law, hence it is not valid. 
• In AK v. State Govt of NCT of Delhi (2022), the HC stated that the intention of POCSO Act, 2012 was to protect children below the age of 18 years from sexual exploitation and not to criminalize romantic relationships between consenting young adults. 
• In December 2022, the government told the Parliament that it does not have any plan to revise the age of consent. 

What is Criminal Law Amendment Act, 2013? 

• This Amendment Act raised the age of consent from 16 to 18, implying that sexual intercourse by an adult with a girl below 18 would amount to rape, irrespective of the presence of consent in a given case.

Source: Supreme Court  

Why in News? 

The Supreme Court of India has directed strict adherence to preventive health measures, including wearing masks, as air quality in Delhi-NCR deteriorates. The Court order the implementation of Stage-IV measures under the Graded Response Action Plan (GRAP) due to the AQI crossing 450. Court criticized the Commission for Air Quality Management (CAQM) for delaying the enforcement of GRAP protocols, observed that preventive actions should have been taken earlier, even before the AQI crossed critical thresholds.  

• The Court also said that the CAQM must act promptly, regardless of expected improvements in air quality. 

What was the Background of M.C. Mehta v. Union of India (Delhi Pollution ) Case? 

• The Delhi-NCR region has been experiencing severely deteriorating air quality, leading to implementation of the Graded Response Action Plan (GRAP) by the Commission for Air Quality Management (CAQM). 
• GRAP has four stages of implementation, with Stages I and II being activated during "poor" air quality and Stages III and IV during "severe" air quality conditions. 
• The CAQM initially implemented GRAP Stage-I on 14th October, 2024, followed by Stage-II on 21st October, 2024, and Stage-III on 14th November, 2024. 
• On 17th November, 2024, Delhi's Air Quality Index (AQI) crossed 450, reaching the "Severe+" category, with readings of 447, 452, and 457 recorded at successive hourly intervals. 
• The Indian Meteorological Department (IMD) and IITM forecasted that the air quality would likely remain in the "Severe/Severe+" category due to heavy fog, variable winds, and unfavorable meteorological conditions. 
• Multiple factors contribute to the air pollution crisis, including stubble burning in Punjab and Haryana, firecracker use, vehicular emissions, garbage burning, and industrial pollution. 
• The Environment Protection Act (EPA), 1986, as amended by the Jan Vishwas Act in 2023, governs environmental regulations, shifting from punitive actions to a penalty-based system for violations. 
• The matter involves fundamental rights under Article 21 of the Constitution, which guarantees citizens the right to a pollution-free environment. 

What were the Court’s Observations? 

• The Court observed that the Commission for Air Quality Management (CAQM) delayed implementing GRAP Stage III despite AQI crossing 401 on 12^th November, 2024, waiting until 14th November, 2024 to implement it, and similarly delayed Stage IV implementation when AQI crossed 450. 
• The Court found that CAQM's approach was contrary to its earlier order dated 29th October, 2018, which had directed taking pre-emptive steps without strictly adhering to pollution stages. 
• The Court emphasized that CAQM cannot wait for AQI improvement and must implement GRAP stages immediately in anticipation of AQI crossing threshold limits, calling the current wait-and-watch approach "entirely wrong." 
• The Court noted an important issue regarding which agency's AQI data should be considered official, indicating this requires further consideration. 
• Regarding satellite monitoring, the Court observed that current NASA satellites only capture farm fire data at limited times (10:30 AM and 1:30 PM), whereas stationary satellites like South Korea's GEO-KOMSAT 2A can provide more comprehensive data throughout the day. 
• The Court observed that there's a constitutional obligation for both Central and State Governments to ensure citizens live in a pollution-free atmosphere, requiring them to take all possible actions beyond just GRAP measures. 
• The Court noted that GRAP Stage IV implementations should be more stringent, with less discretion left to governments and local authorities. 
• The Court observed that despite GRAP guidelines, immediate decisions were needed regarding physical classes up to 12th standard, indicating the current situation required more urgent action than prescribed in the existing protocols. 

What is the Stage IV Measures following a Significant rise in AQI levels? 

• Entry of trucks into Delhi is banned except for essential commodities/services carriers, with only LNG/CNG/Electric/BS-VI diesel trucks being permitted to enter Delhi. 
• Light Commercial Vehicles (LCVs) registered outside Delhi are prohibited from entering the city, except EVs/CNG/BS-VI diesel vehicles carrying essential goods or providing essential services. 
• A strict ban is enforced on Delhi-registered BS-IV (and below) diesel Medium Goods Vehicles (MGVs) and Heavy Goods Vehicles (HGVs), except those carrying essential commodities or providing essential services. 
• Complete ban on all construction and demolition (C&D) activities, including linear public projects like highways, roads, flyovers, power transmission, pipelines, and telecommunication infrastructure. 
• NCR State Governments and Delhi Government may decide to discontinue physical classes for students (VI-IX and XI) and switch to online mode of education. 
• Public, municipal, and private offices in NCR states are to operate at 50% capacity with the remaining staff working from home. 
• State governments can implement additional emergency measures such as closing colleges/educational institutions, restricting non-emergency commercial activities, and implementing odd-even vehicle schemes based on registration numbers. 
• Special advisory for vulnerable groups (children, elderly, and those with health conditions) to avoid outdoor activities, with Central Government having discretion to implement work-from-home arrangements for its employees. 

What is GRAP (Graded Response Action Plan)? 

• GRAP is a set of emergency measures implemented by the Commission for Air Quality Management (CAQM) to prevent and control air pollution in Delhi-NCR and adjoining areas, with actions triggered based on specific AQI thresholds. 
• It consists of four stages: Stage I ('Poor' AQI: 201-300), Stage II ('Very Poor' AQI: 301-400), Stage III ('Severe' AQI: 401-450), and Stage IV ('Severe+' AQI: >450), with each stage implementing progressively stricter measures. 
• The plan includes various preventive and control measures such as restrictions on construction activities, vehicular movement, industrial operations, and other polluting activities, with the severity of restrictions increasing with each stage. 
• GRAP was revised in September 2024 to be implemented proactively based on forecasts, rather than waiting for the actual deterioration of air quality, requiring preventive actions before AQI reaches critical levels. 
• The implementation is overseen by the CAQM through its Sub-Committee, which monitors air quality data and meteorological forecasts to decide on invoking different stages of the plan. 

What are the Existing Laws Related to Air Pollution in India? 

• Primary Environmental Laws: 
  • The Air (Prevention and Control of Pollution) Act, 1981  
    • Primary legislation specifically focused on air pollution control 
    • Establishes Pollution Control Boards at central and state levels 
    • Provides framework for prevention, control, and abatement of air pollution 
  • The Environment (Protection) Act, 1986  
    • Umbrella legislation for environmental protection 
    • Empowers government to set standards and regulate polluting activities 
    • Includes provisions for penalties and environmental compensation 
• Regulatory Framework: 
  • Commission for Air Quality Management (CAQM) Act, 2021  
    • Specifically created for Delhi-NCR region 
    • Oversees air quality management measures 
    • Has power to issue directions and impose penalties 
  • National Clean Air Programme (NCAP)  
    • National-level policy initiative launched in 2019 
    • Aims to reduce particulate matter concentration by 20-30% 
    • Sets city-specific action plans 
• Implementation Mechanisms: 
  • National Ambient Air Quality Standards (NAAQS)  
    • Sets permissible limits for various air pollutants 
    • Provides monitoring framework 
    • Establishes compliance requirements 
  • Motor Vehicles Act, 1988 (with amendments)  
    • Controls vehicular pollution 
    • Sets emission standards for vehicles 
    • Mandates regular pollution checks 
• Supporting Legislation: 
  • National Green Tribunal Act, 2010  
    • Establishes special environmental courts 
    • Handles environmental disputes including air pollution 
    • Can issue directives for pollution control 
  • Industry-Specific Regulations: 
  • Industrial Pollution Control Guidelines  
    • Industry-specific emission standards 
    • Mandates use of pollution control equipment 
    • Requires environmental clearances for industrial projects 

Source: Allahabad High Court 

Why in News? 

A bench of Justice Ranjan Roy and Justice Om Prakash Shukla held that mere existence of mental disorder of any degree is not sufficient in law to justify the dissolution of marriage.    

• The Allahabad High Court held this in the case of Pawan Kumar Pandey v. Sudha. 

What was the Background of Pawan Kumar Pandey v. Sudha Case?  

• The Appellant (husband) and the respondent got married in accordance with the Hindu rites and ceremonies. 
• The wife came to her marital home however, subsequently, the appellant filed a suit for divorce under Section 13 of HMA. 
• It is the case of the husband that the mental condition of his wife is not good as she was suffering from Schizophrenia which he came to know only after marriage.  
• It is the case of the husband that owing to the mental illness the wife has been showing erratic behavior like getting up at night and going anywhere without informing anyone, losing sense of clothing etc. 
• The wife, however, alleged ill treatment at the hands of the husband and the family members of the husband. 
• The wife prayed for the dismissal of the husband’s petition for divorce.  
• The Learned Family Court dismissed the suit filed by the husband for grant of divorce under Section 13 of Hindu Marriage Act, 1955 (HMA).  
• The present appeal has been filed under Section 19 (1) of the Family Courts Act, 1984 read with Section 28 of HMA and Section 96 of Civil Procedure Code, 1908 (CPC) assailing the judgment and decree passed by the Family Court.

What were the Court’s Observations?

• The Court in this case examined the divorce on the grounds of “cruelty” and “desertion”. 
• The Court observed that there was willful desertion in this case as the respondent lived with the appellant only for few days and did not return to live with him for more than a decade. 
• The above conduct of the appellant shows that the respondent has abandoned the relationship between herself and the appellant and there is an animus deserendi on the part of the wife which is sufficient to constitute desertion. 
•  On the ground provided for under Section 13 (1) (iii) of HMA the Court held that mere existence of a mental disorder of any degree is not sufficient in law to justify the dissolution of a marriage. 
• The degree of mental illness should be such that the spouse seeking relief cannot reasonably be expected to live with the other. 
• The Court finally observed that though the husband has been successful in proving that the wife is suffering from schizophrenia he failed to prove that the disease is of such a degree that it may be accepted as a ground for dissolution of marriage.  
• No sufficient material was brought on record by husband except prescriptions of doctors, which do not contain any specific finding that disease is having grave consequences as is referred to under Section 13 (1) (iii) of the H.M. Act. 
• The Court finally set aside the decree of the Lower Court and allowed the appeal.

What is Section 13 (1) (iii) of HMA?

• Section 13 of the HMA lays down grounds of divorce. 
• Section 13 (1) (iii) lays down that when a spouse is suffering from unsound mind divorce can be granted. 
• The main grounds under Section 13 (1) (iii) are: 
  • The respondent (spouse) has been incurably of unsound mind 
  • or has been suffering from mental disorder (continuous or intermittent) 
  • The condition must be severe enough that the petitioner cannot reasonably be expected to live with them 
• Explanation (a) provides the meaning of expression “mental disorder” which means: 
  • Mental illness, or 
  • Arrested or incomplete development of mind 
  • Psychopathic disorder or 
  • Any other disorder or disability of mind and 
  • Includes schizophrenia 
• Explanation (b) provides the meaning of the expression “psychopathic disorder” which means: 
  • A persistent disorder or disability of mind 
  • May or may not include low intelligence 
  • Results in either:  
    • Abnormally aggressive behavior 
    • or seriously irresponsible conduct 
  • Medical treatment may or may not be required/possible. 

What are the Landmark Judgments? 

• Ram Narain Gupta v. Smt. Rameshwari Gupta (1988) 
  • Each case of Schizophrenia has to be considered on its own merits. Mere branding of a person as Schizophrenic will not  suffice.  For the purpose of Section 13 (1) (iii) Schizophrenia is what Schizophrenia does. Not all schizophrenics are characterized by the same intensity of the disease.   
  • Section 13(1)(iii) does not make the mere existence of a mental disorder of any degree sufficient to justify the dissolution of a marriage.  
  • The burden of proof of the existence of the requisite degree of mental disorder is on the spouse basing the claim on that state of facts. 
  • The context in which the ideas of unsoundness of `mind’ and `mental-disorder' occur in the section  as ground for dissolution of a marriage, require the assessment  of the degree of the `mental-disorder'.  
  • Its degree must be such that the spouse seeking relief cannot reasonably be expected to live with the other. All mental abnormalities are not recognized as grounds for grant of decree. 
• Kollam Chandra Sekhar v. Kollam Padma Latha (2014) 
  • The Court cited the judgment of Whysall v. Whysall (1959) wherein it was held that that a spouse is ‘incurably of unsound mind’ if he or she is of such mental incapacity as to make normal married life impossible and there is no prospect of any improvement in mental health, which would make this possible in future. 
  • The Court observed in this case that the respondent, even if she did suffer from schizophrenia, is in a much better health condition at present. 
  • Thus, the Court did not allow the plea of dissolution of marriage.