- The Madras High Court in the case of A. Nivetha v. The Secretary to Government and Others recently directed the Tamil Nadu Veterinary and Animal Sciences University not to reject a transgender candidate’s application for an undergraduate degree. The Court ruled that the candidate's trans identity should not be grounds for rejection and instructed the university to assess the application on merit. This decision followed a petition challenging the university's prospectus, which did not specifically account for transgender applicants.
- Chief Justice DY Chandrachud highlighted that women's participation in India's workforce is hindered by the burden of juggling professional duties with domestic chores. Despite contributing significantly to the economy, women are penalised for "transgressing" traditional gender roles. This dual pressure leads to professional stagnation and high attrition rates. CJI emphasised the need for more inclusive institutions that support women's unconventional choices and eliminate gender biases in the workplace.
- The Madhya Pradesh High Court in Jagdish Prasad Dixit v. State of Madhya Pradesh expressed shock over police support for a gang rape accused, highlighting improper investigation practices, including flawed DNA tests. The Court flagged repeated reports of un-interpretable DNA results, suspecting deliberate negligence. It rejected the accused’s anticipatory bail and urged the police to take the forensic issues seriously. The court also criticised the police for siding with the accused rather than prioritising the victim’s safety and dignity.
- The Bombay High Court at Goa, in State of Goa through Women Police Station, Panaji v. M, overturned a Children’s Court decision to discharge a father accused of sexually assaulting his daughter under the POCSO Act. The discharge was based on the victim being 16 years and 4 months old at the time of the alleged incident. However, the High Court found the lower court erred in passing the judgment and reiterated that the assault had begun when the victim was below 16 (legal age for a minor in Goa), and therefore ordered the case to be reopened and remanded to the lower court for trial.
- The Bombay High Court expressed deep concern over significant lapses in police investigations into crimes against women, highlighting failures in addressing complaints and procedural shortcomings. The Court emphasised the need for systemic reforms to ensure timely and effective action in such cases. It urged the Government to take proactive steps to improve the response to crimes against women.
- The Rajasthan Cabinet has approved a 33% reservation for women in the police force, aiming to enhance female representation in law enforcement.
- The Meghalaya Government, in the case of Sunshine Kharpan v. State of Meghalaya & Others, has directed doctors to cease the controversial two-finger test on rape victims, affirming that any violators will face penalties. This decision comes in response to a Supreme Court directive aimed at protecting the dignity and rights of survivors. The Government emphasises the need for a respectful and humane approach in handling such sensitive cases.
- The Supreme Court of India ruled that the West Bengal Government's policy preventing women doctors from working night shifts or beyond 12-hour shifts is discriminatory. The Court emphasised that women seek equal opportunities rather than concessions, and highlighted the need for gender equality in workplace policies. It was further stated that it is the responsibility of the State to provide security.
- In a Supreme Court hearing regarding the RG Kar case, Kapil Sibal highlighted the alarming issue of female lawyers in his chambers receiving rape threats for appearing in the case. He urged the court to address the escalating threats against women. The Court reassured that the Court will step in if the threats persist.
- The Madhya Pradesh High Court, in Rishabh Atle (Minor) through next friend (Father) Jaikishan Atle v. State of Madhya Pradesh, criticised leniency towards a juvenile accused who is on the run, emphasising that no lessons have been learned since the Nirbhaya incident. The Court highlighted the need for stricter measures to address juvenile crime and protect victims.
- The Supreme Court issued a notice in a PIL, Aabad Harshad Ponda v. Union of India and Others, ?that seeks to enhance awareness of anti-rape laws in school syllabus across India. The PIL argues that integrating these laws into educational curricula is crucial for fostering awareness among students. It emphasises that educating young people about consent and legal protections can help prevent sexual violence as it aims at correcting the root cause of violence.
- The Kerala High Court has initiated a suo moto case to address police violence against lawyers after an advocate was attacked in a court. The High Court will issue guidelines to police on how to interact with legal professionals. The legal community in Kerala has been protesting against the incident. The Court is considering fast-track adjudication of complaints against police misconduct.
- The Jharkhand High Court upheld charges against MLA Dr Irfan Ansari in the case Dr. Irfan Ansari v. State of Jharkhand for circulating the name, address, and photograph of a minor rape victim. The Court found that his actions violated the POCSO Act which prohibits the disclosure of such information under. The Court also ruled that WhatsApp news groups fall under the definition of "media" for the purposes of these laws.
- A lawyer in Kerala was accused of indecent behaviour during a video conference court appearance. He exposed himself and made sexual gestures, leading to the hearing being immediately stopped. A complaint was filed and an FIR was registered against him for his actions.
- The Kerala High Court emphasised the need for a feminist perspective in drafting laws to address workplace sexual harassment. While hearing cases related to the Justice K Hema Committee Report on women's working conditions in the film industry, the Court suggested introducing a new law to regulate these conditions. This law should incorporate a feminist perspective and be intersectional, considering transgender individuals and other marginalised groups. The Court also acknowledged the challenges faced by women in unregulated industries and urged the state to take proactive measures to address these issues.
- The Rajasthan High Court in Minakshi Chaudhary v. Rajasthan State Road Transport Corporation and Another has ruled that all working women, regardless of their employer, are entitled to 180 days of maternity leave as per the 2017 Maternity Benefit Act. The Court has directed the Central Government and Rajasthan Government to issue orders and guidelines to all unrecognised and private sectors to implement this provision.
- The Kerala High Court criticised the State government for its inaction on the Justice K Hema Committee Report on sexual abuse in the Malayalam film industry. The Court noted that the State had access to the report since 2019 but had done nothing except "sitting on" it. The Court ordered the State to handover an unredacted copy of the report to the Special Investigation Team probing sexual crimes reported in the wake of the report.
- The mutilated body of a woman lawyer was found floating in a canal in Kasganj, Uttar Pradesh. The lawyer had gone missing on September 3 after leaving for court. Following the discovery of her body, lawyers in Kasganj staged a protest demanding justice and compensation for the victim's family.
- The Supreme Court of India directed Wikipedia to remove the name of the victim in the RG Kar Hospital rape-murder case. The Court had earlier issued a similar order to remove the victim's name and photos from all social media and electronic media platforms. Wikipedia refused to remove the name, citing that they can't be censored. The Court directed Wikipedia to comply with its order, emphasising the need to maintain the dignity and privacy of the deceased victim as is mandated under the law.
- The Supreme Court has stayed the Kerala High Court's order which led to an FIR against a mother accused of making a false POCSO case against her child's father. The High Court had observed that the mother's complaint was frivolous and had ulterior motive to get the child’s custody. The Supreme Court has stayed the High Court's observations and asked that the POCSO court should direct the police authorities to register a case under the relevant provisions of the POCSO Act.
- The Jharkhand High Court in Anukaran Kandulna v. State of Jharkhand has reaffirmed that sexual assault cases do not always require corroboration, especially when the victim's testimony is credible. While cautioning against false accusations, the Court emphasised that the absence of medical evidence should not automatically discredit a victim's account. However, in the specific case at hand, the Court found the prosecution's case to be riddled with inconsistencies and overturned the conviction.
- The Kerala High Court in highlighted that the PoSH Act does not cover sexual harassment faced by women seeking jobs, as it only applies to those in formal employment. The Court urged the state to draft legislation from a feminist perspective to address this gap, considering issues faced by women, including in the film industry. It emphasised the State's constitutional duty to protect women's rights and recommended broader inclusion, considering intersectionality and disability, while suggesting alternative remedies like arbitration and mediation for disputes.
- The Supreme Court of India, while hearing challenges to the ban on commercial surrogacy, emphasised the need to regulate the surrogacy process to protect surrogate mothers from exploitation. The Court discussed creating a system where surrogates are compensated through a designated authority rather than directly by intending couples. The Government defended the ban, focusing on child welfare, but the petitioners argued for compensation beyond medical costs.
- The Kerala High Court,? in a case where Advocate Sethunath appeared for the petitioner against the State of Kerala, quashed rape charges against a man due to a 16-year delay in reporting the incident without a valid explanation. The Court held that such a delay could be detrimental to the prosecution's case, as it undermines the credibility of the claims. The ruling emphasised that timely reporting is crucial for ensuring fair trials and justice, especially in cases where the delay is unexplained.
- The Supreme Court in Mallan @ Rajan Kani v. State of Kerala upheld the conviction of a man for repeatedly raping his stepdaughter but reduced his sentence from life imprisonment to ten years. The Court considered that he was 40 years old and had already served 8 years of his sentence. The appellant was also ordered to pay a fine of ? 2,00,000.
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