Law Notes

Sakshi v. Union of India, AIR 2004 SC 3566  Table Of Contents  FACTS IN BRIEF This writ petition was filed by Sakshi, a woman organization, in the Apex Court to issue a writ declaring that “sexual intercourse” as contained in Section 375 of the Indian Penal Code (IPC) included all forms of penetration such as penile/vaginal penetration, penile/oral penetration, penile/anal penetration, finger/vaginal and finger/anal penetration and object/vaginal penetration and for issue of a direction for registration of all such cases to be falling under Sections 375, 376 and 376A, 376D of the IPC.   ARGUMENTS It was contended by the petitioner organization that the existing trend of respondent authorities to treat sexual violence, other than penile/vaginal petitioner as lesser offences falling under either Section 377 or 354 IPC and not as a sexual violence under Section 375/376 IPC was without any justification. It was also submitted that limiting und...

  Apparel Export Promotion Council v. A.K. Chopra, AIR 1999 SC 625   Table Of Contents PARTIES PETITIONER: APPAREL EXPORT PROMOTION COUNCIL Vs. RESPONDENT: A.K. CHOPRA DATE OF JUDGMENT : 20/01/1999 BENCH: V.N.Khare  FACTS IN BRIEF   The respondent was removed from his post as an employee of the appellant council after the relevant disciplinary authorities found him guilty of sexually harassing X, a junior female employee. He filed a writ petition before the High Court challenging his dismissal. A single judge allowed the petition, finding that the respondent’s dismissal was unjustified on the grounds that he had only tried to molest X and had not actually established any physical contact with her. The appellant was ordered to be reinstated. This was upheld by a Division Bench of the High Court. This judgment was challenged by the dismissing organization.   JUDGEMENT  The Supreme Court held a...