List of Current Affairs

Source: Bombay High Court 

Why in News? 

• Recently, the Bombay High Court in the matter of Aman Tagade v. State of Maharashtra has held that it is always presumed that the rape allegations made by the victim and her family are true and not fabricated as no family would indulge the name of their daughter for any purpose. 

What was the Background of the Aman Tagade v. State of Maharashtra Case? 

• In the present case, the victim was a minor female below 18 years of age and the accused was 17 years and 9 months old. 
• The crime was registered based on the victim's report at Narkhed Police Station against the accused. 
• Sequence of Events as per Prosecution: 
  • The accused called the victim to his house under the pretext of academic discussion 
  • The victim went to accused's house accompanied by her friend Hitesh. 
  • The accused allowed only the victim to enter the house, locked the door, took her to the bedroom and switched on the television and cooler. 
  • The accused allegedly committed forcible sexual intercourse with the victim. 
• Post-Incident Events: 
  • The victim informed Hitesh immediately after leaving the house 
  • She reported the incident to her parents 
  • The family proceeded to file a police complaint.   
• Defense Position: 
  • The accused claimed false implication due to refusing to marry the victim 
  • He alleged the victim had a relationship with another person named Soukhya 
  • He claimed he had threatened to inform her parents about this relationship 
• The trial court convicted the accused for the offences punishable under Sections 342 and 376(2) of the Indian Penal Code, 1860(IPC) read with Section 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO). 
• The appellant appealed before the Bombay High Court against the order of the trial court. 

What were the Court’s Observations? 

• The Bombay High Court observed that: 
  • The victim was below 18 years at the time of incident qualifying as a 'child' under Section 2(1)(d) of POCSO Act. 
• The Court noted significant timeline aspects: 
  • This prompt reporting was considered a crucial circumstance supporting prosecution's case 
• The Court addressed the medical examination timeline: 
  • The victim was initially taken to the Government Hospital. 
  • Due to unavailability of medical officer, referred to Mayo Hospital, Nagpur 
  • Medical examination at Rural Hospital, Narkhed was at 1:00 AM. 
  • The Court rejected defense's argument about possible intervening sexual activity 
• The Court made following observations about victim's testimony: 
  • While some omissions and improvements were noted, they were not material 
  • Core allegations remained consistent with the initial report (Exhibit 30) 
  • Evidence was found to be of "sterling quality" 
  • Minor inconsistencies were attributed to trauma 
• The Court referenced Supreme Court's observations from Bharwada Bhoginbhai Hirjibhai .v. State (1983) about: 
  • Rarity of false rape allegations in Indian society 
  • Social stigma and consequences faced by victims 
  • Reluctance to report such incidents due to societal pressures 
• The Court modified the conviction: 
  • Changed from Section 376(2) to Section 376(1) of IPC. 
  • Reduced sentence from 10 years to 7 years imprisonment 
  • Maintained other aspects of the trial court's judgment 

Punishments Under POCSO: 

• For Penetrative Sexual Assault, Section 4 of the POCSO Act prescribes rigorous imprisonment of not less than 10 years which may extend to life imprisonment, along with fine. 
• In case of Aggravated Penetrative Sexual Assault, Section 6 prescribes the minimum punishment is increased to rigorous imprisonment of 20 years which may extend to life imprisonment. 

All About False Rape Allegations 

• The term "false rape case" encompasses situations where an individual is falsely accused of committing rape. 
• These cases are complex and sensitive, often entwined with legal, social, and psychological intricacies. 
• It's crucial to approach these cases with nuance and thorough investigation. 
• While false accusations undoubtedly occur, they are relatively rare compared to actual instances of sexual assault. 
• Falsely accusing someone of rape not only harms the accused but also undermines the credibility of genuine victims and hampers efforts to combat sexual violence. 
• Investigating false rape allegations requires a delicate balance between protecting the rights of the accused and ensuring justice for potential victims. 
• Law enforcement agencies must conduct thorough and impartial investigations, gathering evidence, and corroborating testimonies to determine the veracity of the claims 
• The prevalent misconception regarding the frequency of false rape allegations requires careful examination through empirical evidence and legal analysis. 

Recent “False Rape Cases” Reported in India 

• False Rape Case in Gurugram  
  • Given that it concerns a 20-year-old Delhi University English Honors student, the current instance is extremely startling.  
  • The mother of one of the accused males filed a complaint alleging blackmail, which led to the accused girl's detention.  
  • In one instance, the girl was extorting money from a syndicate by falsely accusing them of rape.  
  • The aforementioned girl accused seven different males of rape at seven separate police stations.  
  • In certain circumstances, the court in question has sent her notifications to appear in court, while in other cases, the proceedings have been closed. 
• After a woman accused him of sexual harassment, the manager commits suicide.  
  • On August 30, Amit Kumar took his own life. In a five-page suicide note, he claimed that his employer, Optum Global Solution, had severely humiliated him over alleged sexual harassment, which he denied. 
• A Jabalpur girl falsely accused six males of rape. 
  • Over the course of six years, a Jabalpur girl has brought six rape allegations against five different males in the city.  
  • She married the first man she implicated after filing a rape case against him, and she then filed rape, domestic abuse, and dowry cases against him.  
  • She then filed four other rape claims against four other males between 2021 and July 2022. 
• A woman who filed a bogus rape allegation was fined Rs 10,000. 
  • The Allahabad High Court punished a woman from Prayagraj, Uttar Pradesh, Rs 10,000 on 26th April 2022, for filing a fake police report against her husband for allegedly raping her before to marriage. 
• A teenager from Indore attempts to deceive authorities in a fictitious rape case 
  • After a 19-year-old female claimed to have been kidnapped, gang-raped, and dumped on train tracks by five men, Indore police filed a rape complaint in January 2021. 
  •  After claiming in her statement that she was one of the culprits, the police arrested the tenant of the home where she resided.  
  • Throughout the course of the investigation, the girl made numerous changes to her statement, and eventually, she and her inner companion admitted that they had made up the narrative.  
  • She may have devised a fraudulent strategy to obtain money because she was involved in a similar issue previously and received compensation from the government of Rs 2 lakh. 

Remedies Against False Rape Cases 

• The high court has the authority to dismiss the FIR after reviewing all the facts, including the fact that there has been abuse of power. 
• The Hon'ble Supreme Court stated in the matter of Shivashankar @ Shiva v. State of Karnataka (2018), that it is hard to uphold the accusations made against the appellant, who may have given the complainant a fraudulent marriage commitment. 
  • However, it is challenging to justify sexual activity during an eight-year relationship as "rape," particularly when the complainant explicitly claims that they cohabitated as husband and wife.  
  • Therefore, it cannot be rape, but it can be a violation of promise. 
• On 22^nd November 2018, in the case of Dhruvaram Murlidhar Sonar v. The State of Maharashtra (2018) the physician, who was married, had an extramarital romance with a widowed nurse.  
  • The Honorable Supreme Court ruled in this matter that it can be claimed that both of them lived as husband and wife after accepting all of the information provided in the FIR, police statement, or complaint.  
  • They both worked at the same hospital, and the doctor informed her he was married right away, even though he didn't mean to be dishonest.  
  • In this instance, the nurse's choice was deliberate, proactive, and the result of mental effort. She was aware of the repercussions of her behavior.  
  • Additionally, consent is not acquired by factual misrepresentations. The Hon'ble Supreme Court dismissed the FIR, indicating that it is a smart instance of consenting sex after admitting all the facts. 
• Thus, under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), a person who files a false rape accusation against another person may petition the High Court to have the FIR dismissed by citing the Supreme Court decisions. 
  • He must present all pertinent information and show that he didn't mean any harm. 
  • Section 22 of the POCSO Act says that any person who makes false complaint or provides false information against any person in respect of an offence under Sections 3, 5, 7 and 9 solely with the intention to humiliate, extort, threaten or defame shall be punished with imprisonment for a term which may extend to six months or with fine or with both.   
  • The evidence demonstrates that false allegations of rape are rare and occur at rates comparable to other crimes.  
  • Legal systems must ensure proper classification and investigation procedures while maintaining objectivity and fairness to all parties involved. 

What are the Reforms Needed in the Criminal Justice System? 

• Police Investigation Protocols: Implementing stricter guidelines and training programs for law enforcement agencies to ensure thorough and impartial investigations. This includes proper evidence collection, forensic analysis, and adherence to legal procedures to minimize the risk of wrongful arrests and convictions. 
• Prosecutorial Autonomy: Strengthening the independence of prosecutors to exercise discretion in initiating and pursuing criminal cases. This entails enhancing their authority to assess the merits of each case independently, based on evidence and legal principles, rather than external pressures or biases. 
• Judicial Supervision: Introducing mechanisms for judicial oversight throughout the criminal justice process to prevent miscarriages of justice. This includes regular review hearings, transparent decision-making processes, and opportunities for legal representation for both the accused and the prosecution. 
• Legal Reforms: Enacting legislative reforms to address systemic flaws and enhance accountability within the criminal justice system. This may involve amendments to procedural laws, sentencing guidelines, and mechanisms for addressing wrongful convictions, such as compensation and exoneration procedures. 
• Training and Education: Providing continuous training and education for all stakeholders involved in the criminal justice system, including police officers, prosecutors, judges, and defense attorneys. This ensures awareness of best practices, ethical standards, and emerging issues to uphold the integrity and fairness of the legal process.

Source: Delhi High Court 

Why in News? 

A bench of Justice Amit Mahajan held that right to be forgotten is a part of right to live with dignity guaranteed under Article 21 of the Constitution of India, 1950 (COI).       

• The Delhi High Court held this in the case of ABC v. State & Anr. 

What was the Background of ABC v. State & Anr. Case?  

• A plea was filed in the Delhi High Court seeking directions upon the Court Registry to mask his name from the orders and pleadings filed in a criminal case. 
• The aforesaid proceedings against the man had been quashed and hence he presented himself before the Delhi High Court. 
• His counsel argued that irreparable damage would be caused to him and his social life or career prospects would be hampered. 
• He argued that he was entitled to protection under ‘right to privacy’ and ‘right to forgotten’ which has been well defined is recognized as a fundamental right. 

What were the Court’s Observations?  

• The Court directed the removal of the names of both the businessman and the complainant from case records and search results. 
• The Court allowed the businessman to approach portals and public search engines to mask the judgment by replacing names with anonymized identifiers. 
• Justice Mahajan emphasized that social media platforms and search engines are expected to honor the principles of the "Right to Privacy" and the "Right to be Forgotten." 
• The Court also advised removing any additional material related to the criminal case to protect the privacy of the involved parties.

What is Right to be Forgotten?

Meaning: 

• The Right to be forgotten gives the individuals the right to have their private information removed from the internet, websites or any other public platforms under special circumstances. 
• This right is also called the ‘Right to erasure’. 
• The policy behind the rule of right to erasure is that whoever is using data has volunteer consent from data owner and hence when the consent is withdrawn the owner has the right to have his data erased. 

Historical Evolution: 

• Right to be forgotten can be traced back to the French jurisprudence on the ‘Right to oblivion’. 
• In 1998, Mario Costeja Gonz’lez a Spaniard had run into financial difficulties and hence advertised a property for auction, the advertisement ended up on the internet and remained there even after all her financial problems were fixed.  
• Aggrieved by the severe damage in reputation, the matter was ultimately taken by Mario to the Court, and this gave birth to the concept of ‘Right to be Forgotten’.   
• The European Court of Justice held against the giant search engine Google and stated that under certain circumstances the people of the European Union could have their information removed from the search results and public records databases. 

The Position Globally 

• European Union (EU) 
  • The EU introduced right to be forgotten in the year 2014 and the legislation is the part of General Data Protection Regulation (GDPR). 
  • The criteria for right to be forgotten in EU includes: 
    • Data no longer needed for the purpose it was collected. 
    • The individual withdraws consent for the data and there is no lawful basis for contradicting this 
    • Personal data is being used for marketing purposes and an individual objects to it. 
  • The requests for deleting the personal data can be denied on the following grounds: 
    • Data being used to exercise freedom of speech and expression.’ 
    • Data being used to perform a task carried out in public interest or when exercising the official authority of the organization. 
    • Data processed is necessary for public health purposes and serves the public interest.  
• United States of America 
  • In U.S. such laws which pertain to right to be forgotten would violate the First Amendment. 
  • This is because the US Supreme Court in the case of Florida Star v. BJF (1989) held that first amendment’s protection for a free press prevents any law that would ban publication of truthful or embarrassing facts as long as the information is legally obtained. 
  • In the case of Martin v. Hearst Corporation (2015) the Connecticut Court held that “historically accurate news accounts” cannot be removed.  

What are the Landmark Judgments on Right to be Forgotten in India? 

• Sri Vasunathan v. The Registrar General (2017) 
  • The Karnataka Court in this case observed that in sensitive cases involving women in general and highly sensitive cases involving rape and affecting the modesty and reputation of the person concerned ‘right to be forgotten’ as a trend should be followed. 
• X v. The India Today Group and Ors (2024) 
  • The Delhi High Court issued a John Doe order to remove news articles and social media posts on X (formerly Twitter) about a businessman. 
  • The posts and articles pertained to a criminal case filed against him in 2018, despite his honorable acquittal the following year. 
  • Justice Vikas Mahajan emphasized that the right to privacy of the plaintiff takes precedence over the press's freedom of expression in this case. 
• Justice KS Puttaswamy & Ors v. Union of India (2017)  
  • The Supreme Court in this case recognized ‘Right to be forgotten’ as a part of Right to Life under Article 21 of the Constitution. 
  • The Court acknowledged this right but clarified that it should not be absolute and outlined scenarios where this right may not apply such as for public interest, public health, archiving, research etc. 
  • The Court held that the recognition of such a right would only mean that an individual should be able to remove their personal data when it is no longer relevant or serves no legitimate purpose. 

Source: Supreme Court  

Why in News? 

The Supreme Court clarified that under Section 14(2) of the Hindu Succession Act, 1956, a Hindu woman with a restricted estate in property cannot claim absolute ownership or transfer such property through a Will. The ruling came while dismissing a case where the defendants claimed ownership of land bequeathed by their mother, whose limited life interest in the property prevented her from becoming its absolute owner.  

• This judgment observes the distinction between Sections 14(1) and 14(2) regarding property rights for Hindu women. 

What was the Background of Kallakuri Pattabhiramaswamy (Dead) Through Lrs. v. Kallakuri Kamaraju & Ors.  case ? 

• The case involves a property dispute between two branches of the same family - step-brothers who are sons of Kallakuri Swamy from his two marriages. 
• Through a partition deed dated 25th August, 1933, Smt. Veerabhadramma (second wife) was given a life interest in 3.55 cents of land across various survey numbers in Teki, West Khandrika, and Angara villages. 
• The partition deed stipulated that after Smt. Veerabhadramma's death, this property would be equally divided between her son and her step-sons (sons from first wife). 
• Smt. Veerabhadramma passed away on 6th February 1973, which triggered the succession rights as per the 1933 partition deed. 
• Before her death, Smt. Veerabhadramma had executed a registered Will dated 30th December, 1968, purportedly bequeathing the scheduled properties to one of the defendants. 
• The respondent-plaintiffs (sons from first wife) filed Original Suit No.50 of 1984 seeking their share in the property as per the 1933 partition deed. 
• The defendants (representing Smt. Veerabhadramma's interests) contended that she had acquired absolute rights over the property under Section 14(1) of the Hindu Succession Act, 1956 and therefore had the right to bequeath it through a Will. 
• The matter progressed through various courts, starting from the Trial Court to the High Court of Andhra Pradesh, and finally reached the Supreme Court through Civil Appeal No.5389 of 2012. 

What were the Court’s Observations? 

• The Supreme Court observed that under Hindu law, a woman's right to maintenance is not statutorily created but originates from Shastric Hindu law, which was later given statutory recognition through various legislations. 
• The Court distinguished between Sections 14(1) and 14(2) of the Hindu Succession Act, 1956, holding that property given in lieu of maintenance would transform into absolute ownership under Section 14(1), while property acquired under an instrument prescribing a restricted estate would fall under Section 14(2). 
• The Court observed that in this case, Smt. Veerabhadramma was given absolute rights over 2.09 cents of land, which satisfied her Shastric right to maintenance, while the disputed 3.55 cents were given as a restricted estate with clear life interest. 
• The Bench noted that the 1933 partition deed explicitly created a new right in favor of Smt. Veerabhadramma with respect to the 3.55 cents by giving her only life interest, with the remainder specifically designated to her two sons. 
• The Court affirmed that where property is given under an instrument creating an independent or new right for the first time, rather than recognizing a pre-existing right, Section 14(2) would apply instead of Section 14(1). 
• Following the principle laid down in V. Tulsamma's case, the Court held that maintenance must be proper, appropriate, and adequate to maintain the woman's previous lifestyle, and found no evidence suggesting the maintenance provided was insufficient. 
• The Court concluded that since the 3.55 cents of land was clearly given as a restricted estate under the partition deed, Section 14(2) applied, preventing its transformation into absolute ownership and consequently making the Will inoperative regarding this property. 

What is Section 14(1) and Section 14(2) of Hindu Succession Act, 1956? 

• Section 14(1) establishes that any property possessed by a female Hindu, regardless of when acquired (before or after the Act), shall be held by her as absolute owner, eliminating the concept of limited ownership. 
• The Explanation to Section 14(1) provides an expansive definition of "property" which includes:  
  • Both movable and immovable property 
  • Property acquired through inheritance or devise 
  • Property received at partition 
  • Property obtained in lieu of maintenance or arrears of maintenance 
  • Property received as gift from any person (relative or non-relative) 
  • Property acquired before, during, or after marriage 
  • Property gained through personal skill or exertion 
  • Property obtained through purchase or prescription 
  • Property held as stridhana before the Act's commencement 
• Section 14(2) acts as an exception to Section 14(1) and specifically excludes property acquired through:  
  • Gift 
  • Will 
  • Any other instrument 
  • Court decree/order 
  • Award 
• The exclusion under Section 14(2) applies only when the terms of acquisition explicitly prescribe a restricted estate in such property. 
• The legislative intent behind Section 14(1) is to remedy the limited estate concept under traditional Hindu Law and convert all limited estates held by Hindu women into absolute estates. 
• Section 14(2) preserves the grantor's right to create a restricted estate through specific instruments, provided the restriction is explicitly stated in the instrument of transfer. 
• The interplay between Sections 14(1) and 14(2) requires careful examination of the source of the woman's right to determine whether the property becomes her absolute estate or remains restricted. 

Evolution of Women's Property Rights Under Hindu Law: A Historical Analysis 

Pre-Hindu Succession Act Era (Traditional Hindu Law) 

• Mitakshara School 
  • Women were not recognized as coparceners 
  • No inherent right to ancestral property 
  • Limited rights mainly through maintenance provisions 
  • Property rights were severely restricted 
  • Could only hold Stridhan (gifts received during marriage, etc.) 
• Dayabhaga School 
  • Relatively more progressive approach 
  • Widows could inherit their husband's property 
  • Key limitation: Property would pass to male heirs upon widow's death, even if she had daughters 
  • Daughters had no independent inheritance rights 

Features of Hindu Succession Act, 1956 

• Unified Inheritance Law  
  • Created uniformity across different Hindu law schools 
  • Established clear succession rules 
  • Applied to Hindus, Buddhists, Jains, and Sikhs 
• Women's Rights  
  • Recognized women's right to inherit 
  • Created class I heirs including widow, daughter, and mother 
  • Granted absolute ownership instead of limited estate 
  • Removed restrictions on widow's remarriage 
• Limitations 
  • Daughters still not coparceners in joint family property 
  • Inequality persisted in ancestral property succession 
  • Married daughters had limited rights compared to sons 

Features of Hindu Succession (Amendment) Act, 2005 

• Equal Coparcenary Rights  
  • Daughters made coparceners by birth 
  • Equal rights with sons in ancestral property 
  • Rights irrespective of marriage status 
• Property Rights  
  • Absolute ownership rights 
  • Right to dispose of inherited property 
  • Equal share in partition 
  • Right to demand partition 
• Key Principles 
  • Retrospective Application  
    • Rights apply to living daughters of living coparceners 
    • Applicable even if father died before 2005 amendment 
  • Absolute Ownership  
    • Women can sell, mortgage, or dispose of inherited property 
    • No restrictions on remarriage 
    • Full testamentary powers 
  • Fundamental Principles: 
    • A woman's life interest transforms into absolute ownership under Section 14(1) of HSA if based on pre-existing rights or maintenance 
    • Life interest granted through new instruments creating restricted estates falls under Section 14(2) of HSA