WUNRN
INDIA - PARTNERS FOR LAW IN
DEVELOPMENT
Advancing Social Justice &
Women's Rights Through Law
Sample Articles:
Steps to integrate rather than add gender to the new 5 Year
Plan: Towards Inclusive Growth
In the context of the
formulation of Eleventh Five Year Plan
(2007-2012), a Committee of Feminist
Economists (CFE), was constituted by the Planning Commission on 29th March 2007 to include the analysis
of women’s location in each chapter, so that women’s perspective is explicitly
recognized and integrated in to sectoral programmes and policies. This
mechanism of professional interaction for engendering public policy has been
initiated for the first time in the history of planning in
Source: http://planningcommission.nic.in/aboutus/committee/wrkgrp11/wg11_fec.pdf
LANDMARK JUDGEMENTS
First
ever conviction for rape in a communal violence: Bilkis Bano’s case
In a historic judgement on 18th January, 2008, the
Source: The Hindu, 22 January, 2008
Supreme
Court grants succession right to live-in partner in an insurance claim
The Supreme Court has granted
succession certificate to a woman after the death of the man she was living
with despite the fact that his legally-wedded wife was alive. The court based
this decision on the fact that the live-in partner was mentioned as the nominee
in the man’s provident fund and life insurance policies. Both the wife and the
deceased’s partner filed petitions before a Madhya Pradesh trial court seeking
right of succession to his properties. The trial court rejected the wife’s
claim, but the high court reversed the decision saying there was no evidence to
substantiate the partner’s claim that there was a customary divorce between the
deceased and his legally-wedded wife. The Supreme Court upheld the partner’s
claim and observed that although the High Court was right in deciding about
subsisting marriage between the deceased and his wife, it was wrong in denying
succession certificate to his partner for the purpose of collecting provident
fund and life insurance amounts. Whatever be the status of the live-in partner,
there was no doubt about the legitimacy of the four children born out of her
relationship with the deceased.
Source: The Times of
Supreme
Court holds that long term cohabitation leads to a presumption of marriage
In Tulsa & others vs. Durghatiya & others (15th Jan, 2008),
Supreme Court observed that the act of marriage can be presumed from the common
course of natural events and the conduct of parties as they are borne out by
the facts of a particular case and where the partners lived together for long spell
as husband and wife, there would be presumption in favour of wedlock. The
presumption was rebuttable, but a heavy burden lies on the person who seeks to
deprive the relationship of legal origin to prove that no marriage took place.
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