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Asia

ID
1002
Level
Global Region

Balan Subramaniam a/l Ponnudurai v Public Prosecutor [2014]

In Balan Subramaniam a/l Ponnudurai v Public Prosecutor, the appellant was tried for setting fire to his home, causing the deaths of his wife and daughter and seriously injuring another child. Before her death, the wife gave an oral statement naming him as the perpetrator, while the daughter provided a written declaration to police with the same accusation. The trial court admitted the wife’s statement but questioned the daughter’s, citing a lack of medical evidence on her capacity at the time.

Balwant Singh v. State of Punjab

A woman was kidnapped and gang-raped by four men who were in a financial dispute with her father. Although the police dismissed the complaint as fabricated due to the ongoing litigation, the victim filed a private complaint. The Supreme Court of India held that the father's disputes with the accused were not sufficient to discredit the victim’s consistent and medically corroborated testimony, and upheld the convictions.

Bangaru Venkata Rao v. State of Andhra Pradesh

A husband stabbed his wife in the abdomen during a sudden quarrel, leading to her death. He was convicted under Section 302 IPC (murder) and sentenced to life imprisonment by the trial court. He appealed the sentence, claiming that the record clearly establishes that he only delivered a single blow to his wife in a sudden quarrel, and therefore conviction under Section 302 is not proper. His appeal was dismissed by the High Court.

Bangladesh National Women Lawyers Association v. The Cabinet Division

In an application under Article 102 of the Constitution, the Bangladesh National Women's Lawyers Association (BNWLA) petitioned the Supreme Court of Bangladesh (High Court Division) to address the exploitation and abuse endured by child domestic laborers in Bangladesh. The BNWLA argued that child domestic workers are subjected to economic exploitation, physical and emotional abuse, and the deprival of an education in violation of their fundamental constitutional rights. In support of these arguments, it presented multiple reports of extreme abuse suffered by child domestic workers.

Barriya v. The Kadi of the Sharia Moslem Court

The aunt of three children applied to a Moslem Religious Court to be appointed as their guardian. The children’s mother argued that she was entitled to the guardianship under the Women’s Equal Rights Law. The mother, believing that the religious judge (the Kadi) would apply religious law and disregard the Women’s Equal Rights Law, applied for an order staying or setting aside the proceedings of the religious court. The court held that the issue was not ripe for review, as there was no indication that the Kadi would disregard civil law and rely only upon religious law.

Bill of Rights Ordinance

The Bill of Rights Ordinance is the local legislation incorporating the International Covenant on Civil and Political Rights into Hong Kong law. The rights recognized under it are to be enjoyed “without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.” The ordinance also provides that “[m]en and women shall have an equal right to the enjoyment of all civil and political rights set forth in [the ordinance].”

Burnt Not Defeated

Burnt Not Defeated is a 2007 report by the Campaign and Struggle Against Acid Attacks on Women (CSAAAW) that documents acid violence in Karnataka and examines the legal, social, and institutional shortcomings that enable such attacks. The report identifies acid attacks as a severe form of gender-based violence, often committed by men to punish women for rejecting advances, resisting control, or asserting autonomy in personal relationships.

Case of Liabilities for Sexual Harassment, Forced Drinking, Etc. 2006Na109669

The Plaintiff was hired by Company and placed in the marketing team of the marketing division. The Defendant served as the chief of the marketing division and the marketing team. On several occasions, the Defendant inappropriately touched the Plaintiff’s shoulders, legs, and breasts at work and work events. Additionally, the Defendant forced the Plaintiff to drink liquor on several occasions despite the Plaintiff informing the Defendant that she could not drink as a result of a stomach illness.

Case of Presumption of Biological Child for a Foreign Born Child. 2008Reu2020, 3283

The Plaintiff (Husband) and the Defendant (Wife) married in 2004. The Defendant, initially from China, went to China on December 25, 2006 without informing the Plaintiff. The Defendant returned to the Republic of Korea on January 10, 2007 but lived with a friend rather than the Plaintiff. In March 2007, the Defendant discovered she was pregnant but did not inform her husband. The Defendant gave birth to the child in Hong Kong on August 12, 2007. After giving birth, the Defendant notified the Plaintiff that a Hong Kong birth certificate requires the father’s signature.

Case on the House Head System

The petitioners requested the constitutional review of Civil Code provisions which establish the traditional "house head system" (Ho-jue jae-do) which holds that a household is formed around the male, and passes down only through direct male descendants serving as successive house heads.  Under this system, male members are always recorded as the head of family in the Family Registry, and hold superior inheritance rights over female members.

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