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India

ID
33
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Country
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1002

Air India v. Nargesh Meerza

Air India, a state-owned company, required female flight attendants to retire under three circumstances: (1) upon reaching 35 years of age, (2) upon getting married, or (3) upon first pregnancy. The Court struck the rules down, holding that these requirements constituted official arbitrariness and hostile discrimination.

Ali v. State & Ors

The court declared the current gate pass regime, which required litigants to provide a photo identification when entering the court premises, unconstitutional, because it violates the open court principle by restricting court access to only parties to cases listed on particular day or parties who seek to inspect the record in their cases. The Court noted that the gate pass application would disproportionately affect the economically weak, inter alia, women and children, to access courts.

Aruna Parmod Shah v. Union of India

A man charged with domestic violence against his female live-in domestic partner challenged the law's use by an unmarried domestic partner. The court held that domestic violence by a man against a woman in any marriage-like relationship, or even relationships outside marriage, is subject to the law. This decision is notable given that many marriages in India are unofficial or not legally valid.

Bachcha v. State of U.P.

A man took a six year-old girl into his house, removed her clothes and masturbated until he ejaculated on her stomach. The prosecution charged that he was found in the act of raping the girl, but the medical evidence showed that he could not have done so. The Court held that he could be found guilty of an "offence to modesty," which the court defined as any action that would be shocking the sense of decency of a woman. Here, the Court finds the perpetrator guilty despite India's inadequate criminal law to deal with sexual assault not amounting to rape.

Bachpan Bachao Andolan v. Union of India & Others

Children’s’ rights, child labor, forced labor, human trafficking, sexual abuse. Bachpan Bachao Andolan, a non-governmental organization in India submitted a petition to the Supreme Court of India to take action against the use of child performers in India’s traveling circuses. A study found that children were being trafficked from Nepal or taken from their homes, exploited as child laborers in these circuses, and subjected to mental, physical, and sexual abuse.

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