Whether apex court was followed? if not followed why?

http://www.bbc.co.uk/news/world-asia-india-25618163
A judge in the Indian capital, Delhi, has said that pre-marital sex is “immoral” and against the “tenets of every religion”.Judge Virender Bhat made the remarks after ruling that sex between two adults on the promise of marriage did not amount to rape.

Pre-marital sex remains a cultural taboo in India.

This holds for rape victim not rapist as ipsofacto obvious from the judgement. 


“In my opinion, every act of sexual intercourse between two adults on the assurance of promise of marriage does not become rape, if the assurance or promise is not fulfilled later on by the boy,” Judge Bhat was quoted as saying by the Press Trust of India.
Whether this judgement will not promote the such crimes which are committed by luring the victims.
When a grown up, educated and office-going woman subjects herself to sexual intercourse with a friend or colleague on the latter’s promise that he would marry her, she does so at her own peril. She must be taken to understand the consequences of her act and must know that there is no guarantee that the boy would fulfil his promise.
According to judge ,rape victim is alone accountable for such criminal event not rapist and even a common man can understand that what is right and what is wrong.Whether to lure is not a kind of force.
“He may or may not do so. She must understand that she is engaging in an act which not only is immoral but also against the tenets of every religion. No religion in the world allows pre-marital sex,” the judge added.
Why the rapist shouldn’t understand these Talisman as taught by judge to rape victim?
In 2010, the Supreme Court dismissed a number of cases against a Tamil actress who spoke in support of the right of women to have pre-marital sex. The court also endorsed the right of unmarried couples to live together.
Whether apex court was followed? if not followed why?

4 comments on Whether apex court was followed? if not followed why?

  1. When the Judge didn't get the law point to grant the bail ,then took the recourse of religion as–A judge in the Indian capital, Delhi, has said that pre-marital sex is "immoral" and against the "tenets of every religion".Judge Virender Bhat made the remarks after ruling that sex between two adults on the promise of marriage did not amount to rape.
    Pre-marital sex remains a cultural taboo in India.In 2010, the Supreme Court dismissed a number of cases against a Tamil actress who spoke in support of the right of women to have pre-marital sex. The court also endorsed the right of unmarried couples to live together.
    Whether apex court was followed? if not followed why? Here it should be noted that apex court is court of records i.e. its verdicts and explanations are pursued by subordinate judiciary.

  2. Hon'ble friends-Plese take a glance of order of High Court at Allahabad dated 13.4.2006 in writ no.20121 of 2006 delivered by justice Tarun Agrawala as follows- Apparently , the impugned order dated. 1.2.2006 is against the teeth of the direction given by this court in its judgement dated 16.5.2005 . Standing Counsel appearing for respondent no.1 to 4 will file counter affidavit within three weeks explaining as to what the respondent mean by the words "Sadharan Vetanman". List immediately thereafter. Sd/-Tarun Agarwala J. 13.4.2006 Respondents-1-Director secondary education Arth-1 Allahabad 2-Assistant deputy director secondary education working in the of director of secondary education .Allahabad. 3-D.D.R. Mirzapur.4-DIOS Mirzapur. 5-Committee of management R.I.C. Naugaon ,Mirzapur. Here counter affidavit was submitted on behalf of DIOS Mirzapur on behalf of respondent no.2,3,4. But main accused ie respondent no.1 who superseded the judgement of court still did not abide by the order of High Court. Hon'ble friends- Even a common man can understand that order passed in the writ no.20121 of year 2006 is against the impugned order dated 1.2.2006 passed by director education Arth Allahabad. Here this question arises that when counter affidavit was not submitted by director ,then how court will ascertain the role of director if he is found guilty of noncomplying the order whether that will require one more writ so that his accountability may be decided. Why director secondary education Arth Allahabad did not comply the direction of High court at Allahabad? DIOS Mirzapur can submit its own submissions not on behalf of respondent 2 and 3. Respondent 2 and 3 still did not submit any counter submissions. Here petioner is aggrieved with the director as he superseded the direction of High court.

  3. When the processing of the case will be based on merit otherwise if the judicial member will think that attendance must be done up to six years ,then charges must be frame likewise, then court will never reach on conclusion. A judge found the person innocent who was terminated from service to wreak vindictive but he ordered to pay only 50% emoluments of salary of period from date of termination to reinstatement by the court. Whether it is justified to deduct salary 50% of innocent employee became victim of tyranny of few bureaucrats who itself are corrupt. Logic behind it, is since during termination period no work was performed by employee so he is entitled to only 50% emoluments of salary. In view of your friend ,court had to take action against wrongdoers employers who wreaked vengeance with the employee and reinstatement had to be done with the full payment. Here employee was not granted justice but only grace of your lordship. Where is Right to justice in the Indian courts where judges if in positive mood rain graces and if negative mood then only God can save justice seeker.

  4. Here independence of Judiciary means to have a judicial member to act like a tyrant.. He passes arbitrary orders by making the mockery of law of land But there is no accountability in the judiciary. And there is rampant corruption in the Judiciary because of which orders are sold so there is completely lawlessness and Anarchy in the judicial system of Government of India and all the corrupt activities and evil things are hidden under fear of contempt of court and I think that this Anarchy is so rampant that it cannot be covered under the fear of contempt of court..

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