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january 2016

Supreme Court of India · 2016-01-11

SUPREME COURT WOMEN LAWYERS ASSOCITION (SCWLA) vs UNION OF INDIA

Citation / case number
SC 2015/42449
Court
Supreme Court of India
Petitioner
SUPREME COURT WOMEN LAWYERS ASSOCITION (SCWLA)
Respondent
UNION OF INDIA
Author
Dipak Misra

Judgment text excerpt

The Supreme Court emphasized that it cannot legislate punishments or create offences, as that is the prerogative of the Legislature. The Court acknowledged the grave issue of child abuse and the need for legislative action to address it, particularly in light of Section 376 IPC concerning the punishment for the rape of minors. The Court referred to the principles established in Vishaka v. State of Rajasthan, highlighting the importance of human rights and dignity for children, while refraining from suggesting specific punishments, which should be determined by the legislature.

SUPREME COURT WOMEN LAWYERS ASSOCITION (SCWLA) vs UNION OF INDIA · Niyam