SEXUAL HEALTH AND HUMAN RIGHTS A legal and ... - The ICHRP

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DOCUMENTS AND SOURCES CASES This section contains a country-wise list of case law referenced in this report. Hard copies of cases not available electronically are on file with the author. Bangladesh 1. Farooque v. Government of Bangladesh, WP 92 of 1996 (1996.07.01) 2. Bangladesh National Women Lawyers Association (BNWLA) v. Government of Bangladesh and Others, Writ Petition No. 5916 of 2008, High Court Division of the Supreme Court of Bangladesh, Date of Decision: 14 May 2009 3. Bangladesh Society for the Enforcement of Human Rights (BSEHR) and Ors v. Government of Bangladesh and Ors, 53 DLR (2001) 1 4. Dipak Kumar Roy v. State 50 DLR 603 (1998) 5. Al -Amin v. The State 19 BLD (HCD) 307 (1999) 6. Badal and another v. The State 19 BLD (HCD) 527 (1999) 7. State v. Shahidul Islam alias Shahid and others 58 DLR (HCD) 545 (2006) 8. Md. Hefzur Rahman v. Shamsun Nahar Begum & anr 15 BLD (HCD) 34 (1995) 9. Kazi Rashed Akhter Shahid (Prince) v. Roksana Choudhury(Sanda) 58 DLR (HCD) 271 (2006) 10. Dr. Shipra Chaudhary and another v. Government of Bangladesh and others 29 BLD (HCD) 2009 11. Mrs. Shehrin Akhter and another v. Al-Haj Md. Ismail 20 BLD (HCD) 159 (2000) India 1. Consumer Education and Research Centre v. Union of India AIR 1995 SC 922 2. P.B. Khet Mazdoor Samity v. State of West Bengal AIR 1996 SC 2426 3. Valsamma Paul v. Cochin University AIR 1996 SC 1011 4. Vishaka and Others v. State of Rajasthan and others 1997 (6) SCC 241 5. Naz Foundation (India) Trust v Government of NCT of Delhi & others, WP(C) No.7455/2001 [Delhi High Court], Date of Decision: 2nd July, 2009 6. Apparel Export Promotion Council v AK Chopra 1999 (1) SCC 759 7. MX v ZY AIR 1997 Bombay 406 8. Lieutenant Commander KN Reddy v Union of India & others 2008 INDLAW AP 277 9. Arati Gavandi v Managing Director, Tata Metaliks Limited & others 2008 (6) Bom CR 1 2008 10. Baby Manji Yamada v Union of India and Anr. AIR 2009 SC 84 11. Jayalakshmi v The State of Tamil Nadu & Ors. (2007) 4 MLJ 849 12. AK Gopalan v. State of Madras AIR 1950 SC 27 13. Kharak Singh v State of U.P AIR 1963 SC 1295 14. Saravanakumar v Thenmozhi (2007); citation not available, however, authors have access to full text of judgment. 15. Dennison Paulraj & others v Mrs. Mayawinola (2008); citation not available, however, authors have access to full text of judgment. 16. Milan Kumar Singh v State of Uttar Pradesh & others 2007 CriLJ 4742 17. Amar Kumar Mahadevan v Karthiyayini (2007); citation not available, however, authors have access to full text of judgment. 18. Razzak Khan & others v Shahnaz Khan 2008 (4) MPHT 413 186
19. Azimuddin v State of Uttar Pradesh and another 2008 20. P. Babu Venkatesh and others v Rani 2008 21. Vandana v Jayanthi Krishnamachari 2007 22. Aruna Parmod Shah v. Union of India 2008 23. SR Batra and another v Taruna Batra 2007 (3) SCC 169 24. State of Himachal Pradesh v. Nikku Ram 1995 (6) SCC 219 25. Madhu Sudan Malhotra v. Kishore Chan Bhandan 1988 (Supp) SCC 424 26. S. Gopal Reddy v. State of Andhra Pradesh 1996 (4) SCC 596 27. Kailash Kaur v. State of Punjab 1987 (2) SCC 631 28. Smt. Shanti & anr. v. State of Haryana 1991 (1) SCC 371 29. Kumbhar Dhirajlal Mohanlal v. State of Gujarat 1996 (7) Supreme Today 443 30. State of Punjab v. Iqbal Singh & Others 1991 Cri LJ 1897 31. Paniben v. State of Gujarat 1992 (2) SCC 474 32. Bhagwant Singh v. Commissioner of Police, Delhi 1983 (3) SCC 344 33. Ashok Kumar v. State of Rajasthan 1991 (1) SCC 166 34. Khimibehn v. State & Another VII-1992(2) Crimes 849 35. Dipak Kumar Roy v. State 50 DLR 603 (1998) 36. Brother John Antony v State 1992 Cr LJ 1352 (Mad) 37. Bodhisattwa v. Ms. Subhra Chakraborty AIR 1996 SC 922 38. The Chairman, Railway Board & Ors v Chandrima Das AIR 2000 SC 988 39. State of Maharashtra v. Madhukar 1991 (1) SCC 57 40. Madho Ram v State of Uttar Pradesh AIR 1973 SC 469 41. Bharwada Bhoginbhai Hirjibhai v State of Gujarat AIR 1983 SC 753 42. State of Punjab v. Gurmit Singh 1996 (2) SCC 384 43. Delhi Domestic Working Women’s Forum v/s Union of India1995 (1) SCC 14 44. Tukaram v State of Maharashtra 1979 (2) SCC 143 45. Sakshi v Union of India & others AIR 2004 SC 3566 46. Rupan Deol Bajaj and another v KPS Gill and another 1995 (6) SCC 194 47. State of Karnataka by Jalahalli Police Station v. Joseph Rodrigues MANU/KA/8317/2006 48. Reshma v. State of Rajasthan MANU/RH/0170/2009 49. BK Adarsh v Union of India AIR 1990 AP 100 50. Ajay Goswami v Union of India 2007 (1) SCC 143 51. Maqbool Fida Hussein v Raj Kumar Pandey 2008 CriLJ 4107 52. Indian Hotel & Restaurants Association & another v. State of Maharashtra & others Writ Petition No. 2450 of 2005, [Bombay High Court] 53. In the Matter of Manuel Theodore D'Souza 2000(2)BomCR244 54. Madhuri Mukund Chitnis & Anr v Mukund Martand Chitnis 1992 Cri LJ 111 55. Mukund Martand Chitnis v Smt. Madhuri Mukund Chitnis & Anr 1991 Supp (2) SCC 359 56. Vanka Radhamanohari v Vanka Venkata Reddy & Ors. 1993 (3) SCC 4 57. Vishal Jeet v. Union of India [W.P. No. 421 of 1989] 58. Public at large v. State of Maharashtra, Writ petition No.112 of 1996 Bombay High Court 59. Sahyog Mahila Mandal & another v. State of Gujarat & Ors [Special Civil Application No 15195 of 2003 with Special Civil Application No 4594 of 2003] 60. Savera v. State of Goa ___ 61. Ramvir v State MANU/DE/2795/2009 62. T. Sareetha v. T. Venkata Subbaiah AIR 1983 AP 356 63. Harvinder Singh v. Harmandar Singh AIR 1984 Delhi 66 187
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THE INTERNATIONAL COUNCIL ON HUMAN
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6. ACCESS TO HEALTH SERVICES IN REL
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ABBREVIATIONS AIDS ART ARV CEDAW CE
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in the regional reviews. This is a
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provide for information and distrib
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B. METHODOLOGY In keeping with the
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elevant and key laws and judgments;
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The inability of many sexually stig
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Equality irrespective of a person
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The centrality of women’s rights
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social standing, religious belief,
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according to the physical condition
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Constitutional Court in The Nationa
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protections or statutory law. There
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However it also noted that every Ri
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concerned with declaring that the h
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without guaranteeing the personal p
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to enlarge the meaning and content
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a concept has wider dimensions than
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Such conduct mentioned in clauses (
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embraced the complainant and asked
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does not sever the ties between the
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The potential recognition of same-s
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Similarly, seeking out sex educatio
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condom). Across such laws, the defi
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jurisdictions. Nepal, a country wit
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the conviction of the accused for s
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with an unmarried woman is not puni
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physical characteristics (virginity
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interventions and safeguards such a
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The opinion of the National Commiss
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was married to she would acquire im
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to consider the case of a woman see
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oth parties and deems all marital p
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female who has not attained 12 year
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Article 16 of the Universal Declara
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In Bangladesh, polygamy is allowed
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immovable property. The above propo
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consummation of marriage. The incap
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Violence, especially sexual violenc
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gender norms which many remand home
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female or a female to a male. It in
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from other forms of inequality as w
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c. Whereas victims of violence in h
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courts. 350 According to the Commis
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The Act provides for the appointmen
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Rani 383 it was held that a shared
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The Act specifies imprisonment of 6
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property jointly or separately held
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upees or the amount of the dowry wh
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however, is that, of the 10,000 dea
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Addararachchi 439 the court conside
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harassment, the Indian Supreme Cour
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doer’s sexual desire by using doe
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In holding that there was no justif
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coerce or induce female inmates to
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material or detain any person for t
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consensual sexual activity with you
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The fined amount is to be given to
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the State and its citizens is one o
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every person “the right against e
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The law also includes the right of
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eing committed. 570 While prosecuti
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Broader provisions related to child
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in order to engage the child in suc
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her.” 631 A person is deemed to h
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that they are denied the fundamenta
Page 135 and 136: Indonesia’s Constitution recognis
Page 137 and 138: In Thailand too, abortion is illega
Page 139 and 140: With regard to the first question,
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Page 143 and 144: childbearing age to establish a hea
Page 145 and 146: Government could not be held liable
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Page 149 and 150: Members' right to protect public he
Page 151 and 152: 7. INFORMATION, EDUCATION AND EXPRE
Page 153 and 154: education as well as non-discrimina
Page 155 and 156: The exchange of information through
Page 157 and 158: community.” 727 In each case, the
Page 159 and 160: Nepal’s Interim Constitution limi
Page 161 and 162: Sections 292, 292A, 293 and 294 of
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Page 165 and 166: “1 (a) Condones or extenuates act
Page 167 and 168: In Thailand, places of entertainmen
Page 169 and 170: 8. SEX WORK This section examines h
Page 171 and 172: The use of raids, and exemptions fr
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Page 175 and 176: and non-rehabilitative juvenile jus
Page 177 and 178: “In view of the aforesaid proposi
Page 179 and 180: person who commits the act are of t
Page 181 and 182: as parent or guardian has given his
Page 183 and 184: with one) on the charge that it was
Page 185: for sex workers while emphasizing t
Page 189 and 190: 1. Acid Control Act, 2002 2. Acid-O
Page 191: 13. Intellectual Property Act, 2003
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