NEW DELHI: A court has to evaluate the seriousness of an alleged offence while granting bail to an accused and order without reasons is fundamentally contrary to the norms which guide the judicial process, the Supreme Court has said. A bench headed by Justice D Y Chandrachud made the observation while setting aside an Allahabad high court order which granted bail to a man accused in a dowry death case. “The high court cannot be oblivious, in a case such as the present, of the seriousness of the alleged offence, where a woman has met an unnatural end within a year of marriage.
Sara Khatun,
Programme Manager, NETZ
Our project began in 2018 with an aim to strengthen the grassroots civil society so that they can actively enhance their operational space and direct it towards the protection of human rights and prevent violence based on gender and other identities. This project has been implementing in partnership with WE CAN, DASCOH Foundation, and NETZ with the financial assistance of the European Union. Bangladesh has various laws to promote women s rights and prevent violence against women but there is a gap in implementation. Through this project, we have organised 3,200 civil society actors in 128 groups and arranged regular dialogues with 1,600 representatives from 44 public authorities; training has been provided to 160 marriage registrars and 40 female police officers on Child Marriage Restraint Act (CMRA) and Domestic Violence Protection Act (DVA). So far, 1,501 gender-based violence (GBV) cases have been reported by the CSOs and addressed with co
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The Bombay High Court recently acquitted husband and in laws of a deceased wife who committed suicide within two months of marriage after observing that just because the wife died in the matrimonial house within a period of two months, the entire family cannot be stigmatized as having committed offences as serious as offence under sec. 302 of Indian Penal Code providing for the punishment for murder.
A division bench comprising of Justice NR Borkar and Justice Sadhana S Jadhav set aside a Sessions Court judgment dated 29th June 2012 convicting husband and other family members for offences punishable under sec. 498-A, 302, 304-B r/w 34 of Indian Penal Code and sec. 3 and 4 of the Dowry Prohibition Act.
MUMBAI: In the absence of legally admissible evidence there cannot be moral conviction, said the Bombay high court as it set aside a 2012 murder conviction and life sentence of three people, including a man whose wife had died due to asphyxiation from hanging.
A bench of Justice Sadhana Jadhav and Justice N R Borkar recently ruled in a 2010 cruelty to wife case that there was evidence for conviction under section 498A of IPC.
“In cases like the present one, just because the wife has died in her matrimonial house within two months of marriage, the entire family cannot be stigmatized as having committed offences as serious as (murder), the HC said. It acquitted the family of all charges, including the ones under the Dowry Prohibition Act and dowry death.
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