Voices on Law

  ABSTRACT As society is advancing and progressing towards the advancement of technology, we are dwelling upon different kinds of new technologies. With the coming of new technologies, there have been various concerns about the usage of these technologies in accordance with the laws of the land, the misuse of these technologies and its attempt by law to check such kind of arbitrary use. In this era of surveillance, there are many issues concerning privacy because of the technology that we use. The Indian Government has laid down the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, especially in the backdrop of recent controversies that have erupted concerning OTT platforms to check the arbitrary use of cyber technology and establish a mechanism to deal with the cyber issues. The OTT platforms were not covered under the old legislation. The amended rule includes both social media platforms and OTT platforms under the ambit of the Ministry...

Recently in a landmark judgement, a division bench of the Kerala High Court stated that marital rape is a ground for Divorce. While there is a provision in the Indian Penal Code (IPC), punishing “Sexual Intercourse by husband upon his wife during separation”, there is no provision for marital rape. The exception 2 of the Section 375 (which defines rape) of the IPC states that sexual intercourse or sexual acts by a man to his wife is not rape given the wife is not under 15 (now 18 [ 1 ] ) years of age is rape. Although all of the marriage laws in India recognize cruelty as a ground of divorce in India, it is only now that marital rape too has been recognized as a ground for the same. While marital rape is lawfully recognized as an offence in most of the nations, Indian laws remains obsolete. There have been several discussions regarding the recognition of Marital rape in India, a written reply by Minister of State for Home Affairs, Shri Haribhai Parathibhai Chaudhary to another Rajya ...