Public Interest Litigation – Independent Thought

Public Interest Litigation – Judicial Action

iThought undertakes judicial action through its PILs – a legal action initiated in a court of law for the enforcement of public interest or general interest in which the public or class of the community have pecuniary interest or some interest by which their legal rights or liabilities are affected. In simple words, a PIL means litigation for the protection of the public interest.

Independent Thought is constantly analyzing Laws on women and children based on field experiences and is and undertaking judicial action on strengthening the Governance (woman and child welfare) through Public Interest Litigation (PIL).

Striking down Exception (2) to Section 375 of the IPC which allowed marital rape of minors

On 11th October 2017, the International Day of the Girl Child the Hon’ble Supreme Court gave the historical judgment reading down the Exception 2 to Section 375 of the Indian Penal Code, which allowed marital rape within child marriages. In effect if a man has sexual intercourse with a wife who is below 18 years, it will be an offence of Rape”.

Primary issues addressed in the judgment

Age of consent: The universal legal minimum age of consent for sexual relationship is now clarified as 18 years in accordance with POCSO; including minor girls forced into marriage.
General laws vs. Special Laws: The court declared that POCSO (Protection of Children from Sexual Offences Act, 2012) is a special law for children and will apply in cases where sexual abuse takes place even within marriage involving children.
Secular laws vs. Personal laws: Prohibition of Child Marriage Act, 2006, POCSO and Juvenile Justice Act, 2015 were held to be secular laws that are applicable to all irrespective of the religion or faith they practice and profess when the matter is related to Children.
Hon’ble Supreme Court has protected girl children below the age of 18 years Any male who marries a minor girl below 18 years of age will be charged of Rape under Section 375 of Indian Penal Code, 1860 and for offence of Aggravated Penetrative Sexual Assault as defined in Section 5(n) and punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO) by a term of rigorous imprisonment of not less than ten years and which may extend to imprisonment for life and fine.

Judgment in the news

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E-PAPERS

Ongoing P.I.L.s

Right To Education Independent Thought vs. Union of India (WP Civil 8763 of 2015) before the Delhi High Court. We have challenged the exemption given to government and government aided school from obtaining a “certificate of recognition” and whereby exempting from adhering to the basic norms and standards by exclusionary clause under Section 18(1), Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) as UnconstitutionalMedia coveragehttp://www.asianage.com/delhi/delhi-hc-seeks-centre-response-school-pil-064
Guidelines for Caesarian Section operations Independent Thought vs. Union of India [W.P. (C) 4678 of 2016 in Hon’ble High Court of Delhi] seeking for the issuance of necessary and appropriate guidelines for performance of Caesarian section operations to safeguard the reproductive health rights of women and children in India. This PIL pertains to the fundamental right to health of women and children in India and that absence of such guidelines is leading to violation of reproductive health rights.Media Coveragehttp://timesofindia.indiatimes.com/city/delhi/HC-seeks-Centres-reply-on-guidelines-for-cesarean-operations/articleshow/52361467.cms?from=mdr
Implementation of the Prohibition of Child Marriage Act iThought has filed a PIL in the Hon’ble Supreme Court Independent Thought vs. Union of India, (WP 1234 of 2018) seeking declaration that PCMA is a secular law overriding all personal laws. We have sought appropriate directions for effecting implementation of the provision concerning appointment of Child Marriage Prohibition Officer (CMPO) in a uniform and rationale manner with clear roles, responsibility and accountability mechanisms as well as for preparation of National and State Plans of Action for implementing the provisions of PCMA with focus on the District and sub-district Level mechanisms. The petition also focuses on the pivotal role played by Child Welfare Committees for children in need of care and protection and hence seek direction declaring the CWC as being one of the “next friend” as mentioned under Section 3(2) of the Prohibition of Child Marriage Act, 2006 by harmonious reading of Juvenile Justice Act, 2015.Media coveragehttps://www.livelaw.in/child-marriage-prohibition-act-is-a-secular-lawpersonal-law-cant-stand-in-the-way-of-its-implementation/
Challenging the constitutional validity of Section 198 (6) of the Code of Criminal ProcedureiThought has filed a PIL in the Hon’ble High Court of Delhi in Independent Thought vs. Union of India, (WP (C) …….. of 2019) seeking declaration that Section 198 (6) is liable to be struck down as unconstitutional as it bars all Courts from taking cognizance of an offence under section 376 of the Indian Penal Code (45 of 1860), where the offence consists of sexual intercourse by a man with his own wife, the wife being a minor under 18 years of age if more than one year has elapsed from the date of the commission of the offence. This Section is violative of Articles 14 and 21 of the Constitution as it stands as an impediment in the protection of the rights of girl children who are victims of marital rape as provided in various statutes such as Indian Penal Code, 1860, and Protection of Children from Sexual Offences Act, 2012.
Implementation of the National Food Security Act, 2013 iThought is providing pro-bono support to NGO Matri Sudha through Advocate Vikram Srivastava for ongoing PIL Matri Sudha- A Charitable Trust vs. Govt. of NCT of Delhi (W.P. Civil 8742 of 2016) for Constitution of State Food Commission as required under the National Food Security Act, 2013 and effective implementation of the National Food Security Act, 2013, to secure the well-being, good health and safety of children attending Anganwadi Centers and Schools of Delhi, by ensuring access to adequate food and nutritional security. The petitioner has prayed for Government of NCT of Delhi for Development of State Plan of Action and State Nutrition Mission among other reliefs.