Supreme Court: Governments Must Impart Sex Education and Raise Awareness About POCSO Act

 

The Supreme Court of India has recently interpreted the Protection of Children from Sexual Offences Act (POCSO Act) to emphasize the government’s responsibility to provide sex education and raise public awareness about the statute. The Court highlighted the need for a compassionate approach towards victims, aiming to help them recover and regain a sense of safety, dignity, and hope. This involves changing societal attitudes, improving legal frameworks, and ensuring accountability for perpetrators.

In a significant judgment, the Court ruled that merely storing “child sexual exploitative and abuse material” (child pornography) without deleting or reporting it indicates an intention to transmit, and merely watching such material without downloading it constitutes “possession” under the POCSO Act. The bench, comprising Chief Justice DY Chandrachud and Justice JB Pardiwala, interpreted Sections 43 and 44 of the POCSO Act to include the obligation of imparting sex education and public awareness. 

 Section 43 of the POCSO Act mandates the Central and State Governments to publicize the Act’s provisions through various media channels to ensure widespread awareness among the public, children, and their guardians.

 

 

Case Details : JUST RIGHTS FOR CHILDREN ALLIANCE vs. S. HARISH Diary No.- 8562 - 2024

Section 31 of the Specific Relief Act | Supreme Court: A Third Party Against Whom a Sale Deed Is Void Is Not Required to Seek Its Cancellation

 The Supreme Court, interpreting Section 31 of the Specific Relief Act, 1963 ("SRA"), held that a third party affected by a void sale deed is not required to seek its cancellation. The Court emphasized that if a sale deed is executed between two parties, a third party who was not involved in the transaction, but whose rights are impacted, cannot be compelled to file a separate application under Section 31 of the SRA to cancel the deed.

In the case at hand, the core issue revolved around the legality of a sale deed executed by one co-owner of joint family property. This co-owner sold the entire property to the Appellant without the consent or authorization of the other co-owners (Respondents). Importantly, at the time of the transfer, the individual share of the co-owner who executed the sale had not been determined.

The Respondent challenged the validity of this sale by filing a title suit, asserting that the transfer was void because the co-owner/transferor was only entitled to sell his own undivided share in the property, not the entire property. Therefore, the transfer of the entire suit property to the Appellant was beyond the co-owner's legal rights and thus void.

Agreeing with the Respondent's arguments, the Supreme Court observed that when a property has multiple co-owners, a purchaser (like the Appellant) cannot acquire rights, title, or interest in the entire property based solely on a sale deed executed by just one of the co-owners. The co-owner/transferor could only transfer his undivided share, not the whole property.

The Court also addressed an argument raised by the Appellant, who claimed that since the Respondent had not specifically sought the cancellation of the sale deed, the deed could not be invalidated on its own. The Court dismissed this argument, stating that the Respondent was not required to seek formal cancellation under Section 31 of the SRA. Therefore, the sale deed could be declared void without a separate cancellation suit.

**Case Title:** *SK. Golam Lalchand vs. Nandu Lal Shaw @ Nand Lal Keshri @ Nandu Lal Bayes & Ors., Civil Appeal No. 4177 of 2024*

Muslim Wife Initiating Divorce Entitled to Seek Interim Maintenance Under Section 151 CPC: Madras High Court

 The Madras High Court has held that a Muslim wife who initiates divorce proceedings is entitled to claim interim maintenance under Section 151 of the Code of Civil Procedure (CPC). The Court affirmed that despite the Dissolution of Muslim Marriage Act, 1939, not specifically providing for interim maintenance, courts are empowered to grant such relief under the inherent powers of Section 151 CPC when necessary to prevent injustice and address the needs of the wife during the pendency of divorce proceedings.

Relying on the ruling of the Madras High Court, the judge noted that when the marital relationship between the parties is undisputed, there is no impediment to the court granting maintenance through the exercise of its inherent powers. The court also referred to the full bench decision of the Andhra Pradesh High Court, which held that Section 151 of the Code of Civil Procedure empowers the court to award maintenance to the wife and minor children when warranted by the circumstances, based on a prima facie assessment of the merits of the case.

 

Case No: C.R.P.(PD).No.2660 of 2024 Madras High court

Kerala High Court: Illegal 'Talaq-E-Sunnat' Not Punishable as 'Triple Talaq'

 In a recent ruling, the Kerala High Court determined that unless the intent is to declare immediate and irrevocable talaq, it does not qualify as talaq-ul-biddat.

 The petitioner had filed for the dismissal of charges against him before the Judicial Magistrate First Class.

  The respondent had accused him of violating the Muslim Women (Protection of Rights on Marriage) Act, 2019 by uttering instant and irrevocable talaq against her.

  The petitioner argued that this was not a case of instantaneous talaq or talaq-e-biddat of irrevocable nature.

  He had pronounced talaq on three separate days: 23/12/2021, 13/07/2022, and 16/10/2022.

  The petitioner contended that this was talaq-e-sunnat and is not illegal.

  The respondent contended that this would make the act talaq-ul-biddat and hence punishable by law.

  The Court clarified that what is prohibited under the act is talaq-e-biddat or any other talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband.

 

 

 

  Talaq ahsan and talaq hasan are forms of talaq-e-sunnat. The Court held that while talaq-ul-biddat is criminalized by law, talaq-e-sunnat remains a valid form of divorce.

  In talaq-e-sunnat, the husband has an opportunity to reconsider his decision, and talaq does not become absolute until a certain period has lapsed.

  The Court held that if the petitioner pronounces talaq-e-sunnat but it is found to be illegal for not fulfilling the prerequisites, it does not become talaq-e-biddat.

  Additionally, when a talaq-e-sunnat is incomplete for not fulfilling the prerequisites, it does not automatically become talaq-ul-biddat.

Case No: Crl.M.C. 6383 of 2023

Case Title: Sajid Muhammed kutty v State of Kerala and Another

Rajasthan High Court: Magistrate-Recorded Dying Declaration Must Be Relied Upon When Multiple Contradictory Declarations Exist

 

-              - The Rajasthan High Court overturned a 35-year-old conviction, acquitting one of three individuals originally found guilty of murder and sentenced to life imprisonment in 1989.

- Justices Pushpendra Singh Bhati and Munnuri Laxman emphasized the importance of relying on the most credible dying declaration when faced with multiple contradictory statements.

- The Court noted that when multiple dying declarations contain inconsistencies, the statement recorded by a Magistrate or a higher officer can be relied upon if it is truthful and free of suspicion.

- The appellant, convicted in a 1989 murder case, argued that the deceased initially gave a dying declaration to an assistant sub-inspector naming the three accused, including the appellant.

- An FIR was registered based on this declaration, but a subsequent dying declaration recorded by a Magistrate named different individuals who were not prosecuted.

- The trial court ignored the second dying declaration and convicted the appellant and two others based on the police statement.

- The appellant's counsel argued that the contradictions between the two dying declarations made them untrustworthy and that the trial court's judgment was not justified since the second declaration was neither investigated nor prosecuted.

- The Court agreed, noting that the conflicting dying declarations cast doubt on the prosecution's case.

- The Court stated that the trial court's reliance on the police-recorded declaration was not justified, especially as the law requires considering the Magistrate-recorded declaration in such cases.

- The Court held that additional corroborative evidence is required in cases with contradictory declarations.

- In this case, there was no strong evidence to support the prosecution's claim that the police-recorded declaration was more reliable than the one recorded by the Magistrate.

- Accordingly, the conviction order was set aside, and the appellant was acquitted.

Kerala High Court: Prohibition of Child Marriage Act Supersedes Muslim Personal Law

 

The Kerala High Court has ruled that the Prohibition of Child Marriage Act, 2006 supersedes the Muslim Personal Law (Shariat) Application Act, 1937.

  The Court stated that every Indian citizen, regardless of their religion and location, must adhere to the law prohibiting child marriage.

  Justice P. V. Kunhikrishnan emphasized that a person's primary status as a citizen of the country takes precedence over their religion.

  The Court noted that citizenship is primary and religion is secondary, asserting that all citizens, whether Hindu, Muslim, Christian, Parsi, or of any other religion, are bound by the Act.

- In this case, the petitioners approached the Court to quash proceedings against them for allegedly committing the offence of child marriage, punishable under Sections 10 and 11 of the Prohibition of Child Marriage Act.

- The complaint concerns a child marriage allegedly held on December 30, 2012, in Vadakkancherry, Palakkad district, following Islamic rites.

- The 1st accused is the father who married off his minor daughter to the 2nd accused.

- The 3rd and 4th accused are the President and Secretary of the Islam Juma Masjid Mahal Committee, and the 5th accused was a witness to the marriage.

- The petitioners argued that under Islamic law, a Muslim girl has the 'Khiyar-ul-bulugh' or 'Option of Puberty,' granting her the right to marry upon reaching puberty, typically at 15 years old.

- They claimed that the marriage of a minor girl is not considered void but voidable at her discretion once she attains puberty.

- It was stated that Muslim personal law prevails over the Prohibition of Child Marriage Act.

- The Court discussed the objective and provisions of the Prohibition of Child Marriage Act in detail.

- It stated that the Act is applicable to all citizens of India, within and beyond India, as per Section 1(2) of the Act.

- In the present case, the Court rejected the petitioners' contention that their minor daughter can marry upon attaining puberty because she is a Muslim.

- The Court also stated that it could not reject the complaint filed by a Muslim man against the petitioners merely due to a delay in filing it.

- Accordingly, the Court dismissed the case, stating that the petitioners had not made a case to quash the proceedings.

- The Court highlighted that this means the Act has extraterritorial jurisdiction and is applicable to Indian citizens living abroad, regardless of their location.

- The Act is also applicable to all citizens irrespective of their religion.

- The Court noted that every citizen, non-governmental organization, etc., must inform the Child Marriage Prohibition Officer or Court about any information regarding child marriages.

- The Court noted that every citizen, non-governmental organization, etc., must inform the Child Marriage Prohibition Officer or Court about any information regarding child marriage.

- Judicial Magistrates of the First Class or Metropolitan Magistrates can issue injunctions to prevent child marriages.

- Under Section 13 of the Act, Judicial Magistrates have suo motu powers to act on complaints or information about child marriages.

The legal system

The legal system

The legal system of India encompasses civil law, common law, customary law, religious law, and corporate law, rooted in a framework inherited from the colonial era. Many laws introduced by the British remain in effect today in adapted forms. Following the drafting of the Indian Constitution, Indian laws also align with United Nations standards on human rights and environmental law. Personal law in India is notably intricate, as each religion adheres to its distinct legal principles

The Indian legal system encompasses various branches of law, including Criminal Law, Civil Law, Constitutional Law, Family Law, and Corporate and Commercial Law. Understanding these different types of law helps citizens better navigate their rights and responsibilities.