SUPREME COURT SHIELDS ISHA FOUNDATION, TRANSFERS CASE AMID HIGH-STAKES ALLEGATIONS
Category: Legal News
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BACKGROUND
Marriage rape has been also a much-debated issue on criminalization in India. The Indian Penal Code Section is changed with regard to Rape, with permission granted for sexual intercourse with a wife who is above the age of eighteen years. The colonial origins affecting this law were to an extent assuming that marriage itself is consent. However, with the growth of civilization and people’s rights being provided internationally in a greater degree the practice of ‘implied consent has been criticized intensively. They should not be permitted for non-consensual marriage and the laws are a form of violation of women’s rights; the rights to personal decision-making and bodily integrity. In the past few years, some of these suits have been brought before Supreme court as unconstitutional infringement of a list of rights such equality and the right to life dignity.
KEY ASPECTS
TRANSFER OF CASE The procedural action of the Supreme Court to transfer the case was consistent with two principles: justice and neutrality. So finally conscious of the circumstantial evidence exterior to the charge leveled against the Isha Foundation as presented in the lower court, the court took the arguments of the foundation into consideration. Supreme Court wrote a lot about the lack of bias when it comes to judiciary as they stated that an impartial trial is the cornerstone of the working of legal framework of any country.
CLAIMS AND PEOPLE’S RESPONSES This is true because a lot of controversy has been raised by the accusations leveled against the Isha Foundation. Critics who are environmental activists have accused the foundation of encroaching on land use laws through erecting mega facilities which they say were put up without legal permits. The following claims: If substantiated, they would likely bring legal consequences for the foundation – fines and, in some cases, cessation of operations. On the other hand, the supporters of the foundation deployment argue that the allegations made are politically instigated, and whose aim is to bring a negative image of an organization, which has immense benefited the society through the deployment of environmental as well education projects
EFFECT ON NON-PROFIT ORGANISATION The Supreme Court has intervened in this matter and it also gives more focus on the regulatory compliance check on the non-profit organizations in India. Non-profit organizations have a significant function of responding to social and ecological demands and consist of multitudes of components, and at the same time persistent issues in statutory regulation are reflected on them. This case could therefore be very significant because its determination would act as a precedence on how non-profits will be handled each time there are allegations of legal wrong doing.
OLQ is a Pan-India basis law firm connecting legal expertise nationwide.
WRITTEN BY: ABHISHEK AIYAPPA
