“Redundant Laws” by VakilNo1

Source: (http://goo.gl/e4NJqm)

Some laws also infringe on the fundamental rights of citizens.

Under section 14 of the Hindu Marriage Act, a couple cannot get a divorce within one year of the marriage, even if one of the parties is found to be insane or a warranted criminal. Even in case of divorce by mutual consent, Section 13B allows a lock-in period of one year before the grant of a divorce.

Section 14 of the Hindu Marriage Act provides:

” No petition for divorce to be presented within one year of marriage –

(1) Notwithstanding anything contained in this Act, it shall not be competent for any court to entertain any petition for dissolution of a marriage by a decree of divorce [unless at the date of the presentation of the petition one year has elapsed]

Provided that the court may, upon application made to it in accordance with such rules as may be made by the High Court in that behalf, allow a petition to be presented [before one year has elapsed] since the date of the marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent, but if it appears to the court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the [expiry of one year] from the date of the marriage or may dismiss the petition without prejudice to any petition which may be brought after [expiration of the said one year] upon the same or substantially the same facts as those alleged in support of the petition so dismissed.

(2) In disposing of any application under this section for leave to present a petition for divorce before the [expiration of one year] from the date of the marriage, the court shall have regard to the interest of any children of the marriage and to the question whether there is a reasonable probability of a reconciliation between the parties before the expiration of the [said one year].

Section 377 of the Indian Penal Code says whoever voluntarily has carnal intercourse “against the order of nature” can be imprisoned for life and fined. Which means homosexuals and lesbians are outlawed. And oral sex is illegal. All this, by laying down a behaviour code, violates the privacy of citizens.

Section 377 of the Indian Penal Code provides:

” Unnatural offences –

Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with [imprisonment for life] or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.”

Under Section 437 of the Indian Penal Code, a guilty woman can be released on a bail merely because she is a woman.

Section 437 of the Indian Penal Code provides:-

When bail may be taken in case of non-bailable offence.-

When any person accused of, or suspected of, the commission of any non-bailable offence is arrested or demand without warrant by an   officer in charge of a police station or appears or is brought before a Court other than the High Court or Court of Session, he may be released on bail, but such person shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life

such person shall not be so released if such offence is a cognizable offence and he had been previously convicted of an offence punishable with death, imprisonment for life or imprisonment for seven years or more, or he had been previously convicted on two or more occasions on a non-bailable and cognizable offence.

Provided that the Court may direct that a person referred to in clause(I) or clause (ii) be released on bail if such person is under the age of sixteen years or is a woman or is sick or infirm:

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