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The Kerala High Court has passed a significant judgment ruling marital rape as a ground for divorce.
Observing that in modern social jurisprudence spouses are treated as equal partners, the Court said that the husband cannot claim any superior right over wife with respect to her body or individual status.
While marital rape is legal under the Indian Penal Code, the bench comprising of Justices A Muhamed Mustaque and Kauser Edappagath said that it was a form of cruelty and a good ground to claim divorce.
The Court was hearing a matter where the husband had challenged a family&rsquo;s court verdict in favour of his wife who had sought divorce.&nbsp; He had in turn filed a petition for restitution of conjugal rights which the court dismissed observing that he was treating his wife as money-minting machine and she was tolerating the sexual and mental harassment for the sake of marriage.
The High Court made several key observations such as-
&ldquo;Treating wife's body as something owing to husband and committing sexual act against her will is nothing but marital rape&hellip;&rdquo;
&ldquo;Marital privacy is intimately and intrinsically connected to individual autonomy and any intrusion, physically or otherwise into such space would diminish privacy&hellip;&rdquo;
&ldquo;A husband's licentious disposition disregarding the autonomy of the wife is a marital rape, albeit such conduct cannot be penalised, it falls in the frame of physical and mental cruelty&hellip;&rdquo;

Kerala HC's landmark judgment: Court says marital rape is a ground for divorce

"Merely for the reason that the law does not recognise marital rape under penal law, it does not inhibit the court from recognizing the same as a form of cruelty to grant divorce,"&nbsp;the Court ruled.&nbsp;

The Kerala High Court has passed a significant judgment ruling marital rape as a ground for divorce.
Observing that in modern social jurisprudence spouses are treated as equal partners, the Court said that the husband cannot claim any superior right over wife with respect to her body or individual status.
While marital rape is not a criminal offence under the Indian Penal Code, the bench comprising of Justices A Muhamed Mustaque and Kauser Edappagath said that it fell in the frame of mental and physical&nbsp;cruelty and is a good ground to claim divorce.
The Court was hearing a matter where the husband had challenged a family&rsquo;s court verdict in favour of his wife who had sought divorce.&nbsp; He had in turn filed a petition for restitution of conjugal rights which the court dismissed observing that he was treating his wife as money-minting machine and she was tolerating the sexual and mental harassment for the sake of marriage.

Justices A Muhamed Mustaque and Kauser Edappagath observed that though marital rape cannot be penalised under the law, it was a form of cruelty and a good ground to claim divorce.

The Kerala High Court has passed a landmark judgment, ruling marital rape as a ground for divorce.
Observing that in modern social jurisprudence, spouses are treated as equal partners, the Kerala High Court said that the husband cannot claim any superior right over wife with respect to her body or individual status.
While marital rape is not a criminal offence under the Indian Penal Code, the bench comprising of Justices A Muhamed Mustaque and Kauser Edappagath said that it fell in the frame of mental and physical&nbsp;cruelty and is a good ground to claim divorce.
The Court was hearing a matter where the husband had challenged a family&rsquo;s court verdict in favour of his wife who had sought divorce.&nbsp; He had in turn filed a petition for restitution of conjugal rights which the court dismissed observing that he was treating his wife as money-minting machine and she was tolerating the sexual and mental harassment for the sake of marriage.
The High Court made several key observations such as-
&ldquo;Treating wife's body as something owing to husband and committing sexual act against her will is nothing but marital rape&hellip;&rdquo;
&ldquo;Marital privacy is intimately and intrinsically connected to individual autonomy and any intrusion, physically or otherwise into such space would diminish privacy&hellip;&rdquo;
&ldquo;A husband's licentious disposition disregarding the autonomy of the wife is a marital rape, albeit such conduct cannot be penalised, it falls in the frame of physical and mental cruelty&hellip;&rdquo;

&nbsp;
Digital platforms such as Facebook and Google will now as per law have to pay publishers when linking their content on news feeds or in search results on their platforms.&nbsp;
The News Media and Digital Platforms Mandatory Bargaining Code was finally passed through the Australian Parliament. This comes at a time when social media giants like Facebook and Google are already trying to tie up with news outlets across the world&nbsp;
Zuckerberg backed Facebook&nbsp;announced that it plans to spend at least $1 billion in the news industry over the next three years. Facebook commented that they have reached agreements with publishers in the U.S. similar to the deal stuck in UK.

Australia passes landmark pay for news law

Australia Parliament has passed the new law that will make digital platforms such as Facebook and Google to pay for news content from publishers

Digital platforms such as Facebook and Google will now have to pay publishers when linking their content on news feeds or in search results on their platforms.&nbsp;
The Australian Parliament has passed The News Media and Digital Platforms Mandatory Bargaining Code. This comes at a time when social media giants like Facebook and Google are already trying to tie up with news outlets across the world&nbsp;
Facebook&nbsp;has announced that it plans to spend at least $1 billion in the news industry over the next three years. Facebook&nbsp;says&nbsp;it has reached agreements with publishers in the U.S. similar to the deal stuck in UK.

Digital platforms such as Facebook and Google will now as per law have to pay publishers when linking their content on news feeds or in search results on their platforms.&nbsp;
The News Media and Digital Platforms Mandatory Bargaining Code was finally passed through the Australian Parliament. This comes at a time when social media giants like Facebook and Google are already trying to tie up with news outlets across the world&nbsp;
Zuckerberg backed Facebook&nbsp;announced that it plans to spend at least $1 billion in the news industry over the next three years. Facebook commented that they have reached agreements with publishers in the U.S. similar to the deal stuck in UK.

Technically Speaking, When Can Law Enforcement Seize My Phone? With Apar Gupta

Our phones have become a vital part of our virtual and physical existence. With the ability to process large amounts of information and data from a feather touch on a screen, it's not surprising that these devices contain some of our most treasured memories and secrets. Yet, as disturbing as it may seem, we are witnessing a period in which these very messages and chats are being read out loud in public, as though voyeurism within Television has become almost normalised. This hostile atmosphere begs the question&mdash;who should have access to our personal devices and under what conditions?
Today, Swagam Dasgupta speaks to Apar Gupta, Executive Director of the Internet Freedom Foundation to understand the complexities of the law regarding smartphones and other devices. Part 1 of this series delves into a seemingly simple question with an unfortunately complicated answer&mdash;when can law enforcement seize my phone?
Please do write to us at information@thebastion.co.in

Mapping Cyber Security in India with Pukhraj Singh

If the recent revelation that China is collecting huge amounts of data on Indian individuals is anything to go by, it's safe to say that cyber threats have gone beyond the realm of popular belief where this happens largely between North Korea, Russia, USA and China. Mix this with the growing capabilities of the Indian state to collect information about its own citizenry, and we have a confusing concoction of what the Indian cyberspace is. Against such a background, it is crucial to understand just how equipped we, individually and institutionally, are to deal with threats, both, external and internal. Pukhraj Singh, cyber intelligence analyst and expert helps us dig through this through some basic questions:
1. What security and accountability strategies should be adopted while designing government databases?
2. What are some flaws within the Personal Data Protection Bill?
3. What type of cyber strategies have been adopted by different South Asian countries?
4. How do South Asian cyber strategies differ when compared to the rest of the world?
5. Will India exploit the cyber realm in the near future?

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