Separation of Powers 89
III. Judicial Restraint 95
IV. Ambit of Section 375 of IPC 99
V. In defence of MRE 105
V(i) Constitutional ... statute does not involve a violation of
Article 14 of the Constitution. In 1983 when Section 375 of the IPC was
amended by the Parliament
with as sexual offences within the meaning of Section
375 / 376 IPC in violation of Articles 14 and 21 of the Constitution of
India ... denied that
provisions of Sections 375, 376 and 377 are violative of fundamental rights
under Articles 14 , 15(3) and 21 of the Constitution
with as sexual offences within the meaning of Section 375 / 376 IPC in violation of Articles 14 and 21 of the Constitution of India ... denied that provisions of Sections 375, 376 and 377 are violative of fundamental rights, under Articles 14 , 15(3) and 21 of the Constitution
Section 375 of
the IPC is not only arbitrary but is also discriminatory and contrary to the
beneficial intent of Article ... spirit of Article 34
of the CRC.
44. Further, in terms of our international obligations under Article 1 and
Article
India and Another6 . In the said decision , exception 2 to Section 375 of the Indian Penal Code, 18607 has been harmonised with the provisions ... held to be violative of Articles 14 , 15 and 21 of the Constitution. And accordingly, Exception 2 to Section 375 IPC has been read down
Supreme Court has held that exception 2 to
Section 375 of the IPC insofar as it relates to a girl child below
18 years ... inconsistent with the provisions of
POCSO Act, 2012 and, therefore, violative of Articles 14 , 15
and 21 of the Constitution of India. He contended that
contrary to philosophy and
ethos of Article 15(3) of Constitution as well as contrary
to Article 21 of Constitution and out commitments in
international ... that Exception 2 to Section 375 IPC is arbitrary
since it is violative of the principles enshrined in Articles
intergenerational adverse impact.
(Paras 26 and 89)
Fundamental Rights
Article 21 of the Constitution
Article 21 of the Constitution gives a fundamental right ... philosophy and ethos of Article 15(3) of the
Constitution as well as contrary to Article 21 of the Constitution and
our commitments in international
intergenerational adverse impact.
(Paras 26 and 89)
Fundamental Rights
Article 21 of the Constitution
Article 21 of the Constitution gives a fundamental right ... philosophy and ethos of Article 15(3) of the
Constitution as well as contrary to Article 21 of the Constitution and
our commitments in international
meaning that was attributed to it before
the 2013 amendment. Section 375 defines the
expression rape in an expansive sense, to include ... This is a violation of Article 14."
16. At this point, if the amended definition of Section 375 is
seen, it is clear that
