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Indian Express
6 days ago
- Politics
- Indian Express
Reproductive rights, population control, and more: What Supreme Court said on maternity leaves in recent ruling
Written by Rishu Jaiswal The Supreme Court passed a significant ruling on May 23 allowing 'maternity benefit' to a Tamil Nadu-based teacher for her third child under Fundamental Rule 101 (a). The woman — an English teacher at a government higher secondary school — sought relief after her plea was rejected by the Madras High Court. Fundamental Rule 101(a), pertaining to the Maternity Benefit (Amendment) Act, 1961, addresses the eligibility criteria for maternity leave of state government servants in India. Here's what the Supreme Court said: # The apex court set aside the judgment declining maternity leave to the school teacher, and said she was entitled to receive maternity benefits despite having two children. # Maternity leave is integral to maternity benefits and reproductive rights are now recognised as part of international human rights law like right to health, privacy, equality and non-discrimination and dignity, remarked the Supreme Court. While hearing the matter, a division bench of Justice Abhay S Oka and Ujjal Bhuyan disagreed with the findings of the Madras HC and said, 'Thus, as can be seen…, through various international conventions, the world community has recognized the broad spectrum of reproductive rights which includes maternity benefits.' # Emphasising on the Article 21 of the Constitution, the top court bench said, 'By judicial interpretation, it has been held that life under Article 21 means life in its fullest sense; all that which makes life more meaningful, worth living like a human being. Right to life includes all the finer graces of human civilization, thus rendering this fundamental right a repository of various human rights. Right to life also includes the right to health. Right to live with human dignity and the right to privacy are now acknowledged facets of Article 21.' # The Supreme Court also noted that the Maternity Benefit (Amendment) Act, 2017, does not bar maternity leave for women with more than two children, and only limits the duration of leave — 26 weeks for those with up to two children, and 12 weeks for those with more. It said that maternity leave itself is not denied based on the number of children. # The court also acknowledged the importance of population control measures, and said, 'Population control and reproductive rights are not mutually exclusive goals. They must be reconciled in a rational, humane manner.' A timeline of the case in SC The woman started working as an English teacher at a government higher secondary school in Tamil Nadu's Dharmapuri district in 2012. She had two children from her first marriage, which ended in a divorce in 2017. The kids are in the custody of her former husband. After marrying again in 2018, she became pregnant in 2021 and applied for maternity leave from August 17, 2021, to May 13, 2022, covering both pre- and post-natal periods. Her application for leave was rejected, and she subsequently filed a case in the high court. Initially, the case went to a single-judge bench who ruled in her favour and ordered the government organisation to grant her maternity leave. However, the state government challenged the decision, and a division bench of the HC reversed the decision, prompting the woman to approach the apex court. — with inputs from PTI Rishu Jaiswal is an intern with
India Today
26-05-2025
- Politics
- India Today
Supreme Court smells teen spirit, acts to free adolescent love from Pocso
The Supreme Court has urged the Central Government to consider devising a national sex education policy and to undertake an exercise to thoroughly evaluate cases and data related to the Protection of Children from Sexual Offences (Pocso) Act. The Supreme Court wants it to be ensured that adolescents don't end up being jailed for consensual romantic relationships under the stringent Pocso Act, which is meant to protect Supreme Court bench, comprising Justices Abhay S Oka and Justice Ujjal Bhuyan, were listening to the suggestions made by amici curiae in an unusual case where the "victim" woman did not want punishment for the man accused under woman willingly left her home when she was 14 years old to live with the accused man, then 25. She married him after becoming an adult, and gave birth to a child. The survivor did not see the alleged act committed by the accused as a "crime". In its judgment delivered on May 23, 2025, the Supreme Court invoked its extraordinary powers under Article 142 of the Indian Constitution and refrained from sentencing the accused whose acquittal it itself had initially reversed. He was sentenced to 20 years in jail by a special Pocso court but the Calcutta High Court acquitted him in the considerations of consent and malicious prosecution by family members, the amici curiae, Senior Advocates Madhavi Divan and Liz Mathew, highlighted how the criminalisation of adolescent consensual relationships may not align with the best interests of the survivor and her Supreme Court revisited precedents from the High Courts to reconsider the rigid application of the Pocso Act in adolescent SC bench also directed the Centre to form a committee of experts alongside senior government officers and amici curiae to suggest systemic improvements based on the recommendations of the court's own has asked the Union Ministry of Women and Child Development to submit a report by July HC'S REMARKS ON SEXUAL URGE SPARKED ROWThe Supreme Court took this case suo moto after the Calcutta High Court's controversial 2023, the High Court overturned a 20-year-long sentence imposed on the man by the special Pocso court and made remarks stating that "female adolescents should control their sexual urges". It issued directions addressed to adolescent boys and judgment of the High Court was also challenged by the state government in an August last year, the Supreme Court set aside this judgment and restored the conviction of the accused under Section 6 of the Pocso Act, which deals with aggravated penetrative sexual assault and rape under Sections 376(3) and 376(2)(n) of the Indian Penal Code. It acquitted the accused of charges of kidnapping and abduction under Sections 363 and 366 of the Supreme Court held the remarks as violative of Article 21, right to life, and issued various directions to ensure that states comply with provisions of the Pocso Act and the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act), concerning timely and prompt legal action and protection of the child survivors in cases of sexual after restoring the conviction of the accused, the apex court delved deeper into the facts before pronouncing its final directed the state government to constitute a three-member expert committee, comprising a clinical psychologist, social scientist and a child welfare officer as coordinator and secretary. It was to inform the survivor about available benefits from the state and the Union government and assist her in making an informed decision about her future, including whether to continue residing with the FINDINGS CHANGE SUPREME COURT'S VIEWSOn April 3, 2025, the Supreme Court interacted with the committee members and the survivor. Citing the unique circumstances of the case, it ruled that no sentence be imposed on the accused bench remarked, "The society judged her, the legal system failed her, and her own family abandoned her."It stated that, "Though the incident is seen as a crime in law, the victim did not accept it as one." Instead, highlighting the harm caused to the woman, the apex court said, "It was not the legal crime that caused trauma to her, but rather the consequences that followed."The bench noted the survivor needed financial support and directed her enrolment in school, with assistance up to college if desired. It suggested exploring vocational training or part-time work after her Class 10 exams, with help from the West Bengal State Legal Services state was also told to ensure their child's nutrition and education under schemes like Mission Vatsalya and to address the family's debts and housing needs through NGOs or public support."What she had to face as a consequence was the police, the legal system, and a constant battle to save the accused from punishment," added the not stopping at this, the Supreme Court took over matters concerning the Right to Privacy of Adolescents with the amici HIGH COURTS DEFENDED CONSENSUAL ADOLESENT LOVEThe Pocso Act is gender-neutral legislation that aims to prevent and punish sexual exploitation and sexual abuse of children. But often, adolescents or teenagers who consent to engage in romantic sexual relationships are prosecuted under the the law also criminalises "any person" who knows about the "crime" and fails to report it, thereby including other children as 2023, Justice Krishna Pahal of the Allahabad High Court granted bail to a man who allegedly eloped with and married an 18-year-old girl in 2023. While expressing concern over the growing "misuse" of the Pocso Act, he highlighted the challenge in distinguishing between genuine cases of exploitation from those involving consensual elements to establish "penetrative sexual assault" under the Pocso Act require a non-consensual and unilateral act by the accused. The Madras and Calcutta High Courts have held that consensual acts do not fulfil this February, Justice Jasmeet Singh of the Delhi High Court upheld the acquittal of a man in a Pocso case and said that, "I affirm that consensual and respectful adolescent love is a natural part of human development".advertisementHe added, "The legal system must safeguard the rights of young individuals to love while ensuring their safety and well-being."In 2024, a Delhi HC bench led by Justice Subramonium Prasad granted bail to a 21-year-old man accused of raping a minor while highlighting the complexities surrounding cases where consensual relationships between individuals close in age and particularly those just below or above the legal age of consent often fall into a "legal grey area".He stated how the legal framework might not always account for the nuanced realities of teenage relationships and emphasised the misuse of the Pocso Act by families opposed to their children's romantic choices, such as when the conversion of religion by a minor is this case, the amici curiae relied on High Courts' precedents, such as the Delhi High Court in Ajay Kumar v State and the Madras High Court in Vijayalakshmi v State, to state that the Pocso Act does not intend to criminalise consensual romantic relationships between OVER PUNISHMENT: NEED FOR SEX EDUCATIONAdvocating for comprehensive sexuality education, the amicus curiae made suggestions to promote overall adolescent well-being. They referred to a report by Unesco – The Journey Towards Comprehensive Sexuality Education: Global Status Report (2021) – that found how education policies on life-skills-based HIV and sexuality education in India are at the secondary education level emphasised how the struggle of adolescents concerning health, misinformation and stigma surrounding sexual and reproductive health education needed to be addressed through a more inclusive curriculum and proper teacher training in the realm of comprehensive sexuality education (CSE).Their suggestions on implementing a data collection mechanism for improving institutional accountability, real-time accountability, and targeted interventions at the state-level concerning Pocso cases, child marriages and CSE implementation were taken up by the apex this, the Supreme Court issued a notice to the Centre through the Secretary of the Ministry of Women and Child Development and the Secretary was directed to appoint a committee of experts to deal with the suggestions of the amici Supreme Court clarified that this case will not be treated as a precedent as it is "an illustration of the complete failure of our society and legal system". Senior government officers shall be a part of this committee which is directed to submit a report to the Supreme Court by July is the Supreme Court's effort to ensure that adolescents don't end up being jailed for consensual romantic relationships.
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First Post
25-05-2025
- Politics
- First Post
Decriminalise consensual relationship under Pocso, form sex education policy, SC advises govt
The Supreme Court has urged the Centre to rethink the strict application of the Pocso law in cases involving consensual teenage relationships. It also called for a national policy on sexual and reproductive health education. read more The Supreme Court has asked the Centre to consider decriminalising consensual relationships between teenagers so they are not jailed under the strict Pocso law. It also suggested creating a policy on sexual and reproductive health education. A bench of Justices Abhay S Oka and Ujjal Bhuyan issued a notice to the Centre, asking the Ministry of Women and Child Development to set up an expert panel to study the issue and submit a report by July 25. The court said it will issue further directions after reviewing the report. STORY CONTINUES BELOW THIS AD This is a developing story.
Time of India
24-05-2025
- Time of India
Rs 3.5 lakh: Cost of a Bengal villager's legal battle to save her husband
NEW DELHI: The extent to which the legal system can take the poor and the ignorant for a ride, fleecing and exploiting them in the process, came to light when Supreme Court decided to find out the legal expenses of a woman from a small village in West Bengal in her fight to protect her husband. Shocking details emerged: she paid a tout who promised to secure bail and an additional amount to an advocate 'for winning the case'. The woman, who lives in a ramshackle dwelling with a tarpaulin sheet for a roof and no doors, ended up spending Rs 3.5 lakh from the trial court to the SC, which admitted that the legal system had failed her. The man was sentenced to 20 years by a Pocso court for having a physical relationship with the woman when she was a minor, and she fought to get him released. A bench of Justices Abhay S Oka and Ujjal Bhuyan had appointed a committee to interact with the woman and the panel filed a report in a sealed envelope. In its judgment, the bench mentioned the findings of the panel which said she was now in a debt trap. "She had to run from pillar to post... She spent large amounts by way of payment of fees to lawyers for his release. The amount she spent as noted in the final report of the committee are startling," it said. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Gentle Japanese hair growth method for men and women's scalp Hair's Rich Learn More Undo Case an eye-opener for everyone, shows lacunae in legal system: SC At different stages, the woman paid a total of Rs 40,000 to advocates. In addition, she claims to have paid a sum of Rs 10,000 to an advocate 'for winning the case'. She spent a sum of Rs 20,000 to get copies of the chargesheet and Rs 7,000 for getting duplicate copies of court papers, court said. She paid Rs 18,000 to a tout who promised to get bail for her husband. Thus, she ended up spending over Rs 2 lakh (in trial court proceedings) by incurring debt for defending the accused. In fact, the committee records that the indebtedness has become vicious, the court said in its verdict. The woman had to approach high court and had to bear additional expenses of nearly Rs 1.4 lakh. As the apex court appointed two leading senior advocates as amici to assist the bench, she did not have to pay much in the SC. "The figures stated make it obvious that she has been exploited. This is evident from the fact that she had to pay Rs 60,000 for grant of bail, Rs 25,000 for securing acquittal, Rs 15,000 for filing a case in this court and Rs 25,000 towards air fare, to enable her husband's advocate to appear before this court," the bench said. The top court said that the family is very poor and staying in a temporary shelter enclosed by brick walls, but the roof is of tarpaulin with no door. It said the facts of this case were an eye-opener for everyone as it highlighted the lacunae in the legal system which failed her. "In this case, the society, the family of the victim and the legal system have done enough injustice to the victim," the bench said.
Time of India
24-05-2025
- Politics
- Time of India
Government should consider suggestion for a sex education policy: Supreme Court
NEW DELHI: To ensure that adolescents don't get sent to jail under the stringent Protection of Children from Sexual Offences Act (Pocso) for being in romantic relationships, Supreme Court has directed the Centre to consider decriminalising such consensual relationships and frame a policy for sexual and reproductive health education in the country. A bench of Justices Abhay S Oka and Ujjal Bhuyan issued notice to the Centre through the ministry of women and child development to form an expert committee to examine the issue and file a report before it by July 25. The court said it would pass further directions after getting the report. The trigger for the court order was the legal battle of a woman from West Bengal to protect her husband who was sentenced to 20 years in jail under Pocso for having a relationship with her when she was 14. The court had appointed two senior women advocates - Madhavi Divan and Liz Mathew - to assist it on the sensitive issue and they suggested that adolescents in consensual relationships needed to be protected. While Pocso Act served an essential purpose in protecting minors from sexual exploitation, its rigid application in cases of adolescent relationships could lead to outcomes that may not align with the best interests of the prosecutrix and her dependants, they suggested. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Giao dịch vàng CFDs với sàn môi giới tin cậy IC Markets Tìm hiểu thêm Undo Accepting the suggestions of the senior advocates, the court impleaded the Centre in the case and issued notice. The advocates also pointed out that various high courts, including Delhi and Madras, have taken a nuanced approach and interpreted the statement of objects and reasons of the Pocso Act as not intending to criminalise consensual romantic relationships. In several cases, Madras high court adopted a legal interpretation that consensual acts did not fulfil the requirement of 'assault' in the offence of 'penetrative sexual assault'. Govt should consider suggestion for a sex education policy: SC Calcutta HC held that Pocso Act defined 'penetration' as a unilateral act by the accused and, therefore, in cases of consensual intercourse, the act of penetration may not solely be attributed to the accused. Various HCs have also considered the impact such prosecution has on the victim and have proceeded to quash proceedings if pursuing the case would harm the victim. Accepting the suggestions of the senior advocates, the court impleaded Centre in the case and issued notice. "For carrying forward the suggestion of the learned amici, we propose to implead the Union of India through the ministry of women and child development, so that more effective orders can be passed," it said. "The secretary of the ministry shall appoint a committee of experts to deal with the suggestions of the amici curiae. Senior officers of the state shall be part of the committee. If necessary, the committee can also consult the senior counsel appointed as amici curiae. Immediately on service of notice, the secretary shall constitute a committee. The members of the committee constituted by this court (comprising Dr Pekham Basu from TISS; Jayita Saha, clinical psychologist; and Sanjeeb Rakshit, district social welfare officer, South 24 Parganas) shall be permanent invitees to the said committee," the bench said. Government should also consider the suggestion to have a policy on comprehensive sexual and reproductive health education because as per a Unesco report, education policies on life skills-based HIV and sexuality education was only at secondary education-level in India, the bench added. Way back in 2001, Madras HC had suggested amending the law not to penalise such relationships. "An adolescent boy and girl who are in the grips of their hormones and biological changes and whose decision-making ability is yet to fully develop, should essentially receive the support and guidance of their parents and the society at large. These incidents should never be perceived from an adult's point of view and such an understanding will, in fact, lead to lack of empathy. An adolescent boy who is sent to prison in a case of this nature will be persecuted throughout his life. It is high time that the legislature takes into consideration cases of this nature involving adolescents involved in relationships and swiftly bring in necessary amendments under the Act. The legislature has to keep pace with changing societal needs and bring about necessary changes in law and, more particularly, in a stringent law such as Pocso Act," it had said. Delhi HC recently in Feb granted relief to a boy and quashed the case against him and had said that the focus of the law should be on preventing exploitation and abuse, rather than punishing love. "Love is a fundamental human experience, and adolescents have the right to form emotional connections. The law should evolve to acknowledge and respect these relationships, as long as they are consensual and free from coercion," HC had said.
