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Context: Recently, a petition challenging the provision allowing restitution (recovery) of conjugal rights under Hindu personal laws (Hindu Marriage act 1955) which has been pending in the Supreme Court (SC) for months without a hearing.
About Conjugal rights
Reason for Challenging the Law
Violation of Rights: The law is being challenged now on the main grounds that it violates the fundamental right to privacy.
Biassed Against Women: Although the law is gender-neutral since it allows both wife and husband to seek restitution of conjugal rights, the provision disproportionately affects women.
Not in Consonance with SC Judgements: In the recent judgement of Joseph Shine v Union of India 2019, the SC has put great emphasis on the right to privacy and bodily autonomy of married women, stating that marriage does not take away their sexual freedom nor choice.
Misuse of the Provision: Another pertinent matter to take into consideration is the misuse of this provision as a shield against divorce proceedings and alimony payments.
By: Shubham Tiwari ProfileResourcesReport error
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