PoSH Act Doesn't Cover Sexual Harassment Of Women Seeking Jobs, Govt Should Consider Framing Laws With More Feminist Perspective: Kerala HC

The Kerala High Court today orally pointed lacunae in the PoSH Act 2013, stating that the legislation doesn't take within its purview sexual harassment faced by women seeking employment.The law only applies to sexual harassment of women at the workplace, thus excluding informal situations where there is no clear employer-employee relationship. "Job seekers do not come in POSH Act. How would...

'Why Govt Was Inactive For 4 Years?' : Kerala High Court Directs State To Hand Over Unredacted Hema Committee Report To SIT

"We must observe that we are rather perplexed by the inaction of the State Government"

Kerala High Court Temporarily Prohibits Elephant Transfers From Other States, Cites Large Number Of Deaths Due To Ill-Treatment In Captivity

The Kerala High Court has passed an interim order restraining the State Government and Chief Wildlife Warden from permitting the transfer of elephants from other states to Kerala.The Court passed the above order in a petition moved to restrain the transfer of elephants into the State under the Captive Elephant (Transfer & Transport) Rules, 2024. The Division Bench comprising...

[False Promise To Marry] PIL In Kerala HC Says Section 69 BNS Regressive Towards Woman's Status, Discriminates Against LGBTQ Community

A lawyer has filed a Public Interest Litigation before the Kerala High Court challenging the constitutionality of Section 69 of Bhaaratiya Nyaya Sanhita (BNS), which criminalises sexual intercourse by employing deceitful means, like false promise to marry.The petitioner has challenged the provision on the grounds that it violates the right of equality, right to expression and right to...

Kerala High Court Declines To Quash Criminal Proceedings Against Man Booked For Uploading Allegedly Objectionable Video Against Nuns

The Kerala High Court declined to quash criminal proceedings initiated against a man booked for allegedly publishing a video stating that nuns are the concubines of priests and bishops on YouTube and Facebook.The prosecution alleged that the video was published on June 01, 2020, with the intent to hurt and insult the religious feelings of nuns. It is alleged that the petitioner...

Public Service Commission Can't Demand Gazette Notification To Resolve Caste Name Discrepancy, Certificate From Revenue Sufficient: Kerala HC

The Kerala High Court has held that the Public Service Commission cannot require an applicant to provide a gazette notification to address discrepancies in caste name, to prove that the applicant belongs to a community different from the one listed on their Secondary School Leaving Certificate.The Division Bench comprising Justice Anil K.Narendran and Justice P.G. Ajithkumar on referring...

Kerala High Court Weekly Round-Up: September 02- 08, 2024

Nominal Index [Citations: 2024 LiveLaw (Ker) 554-564]Biju P Vidya @Monai v State of Kerala, 2024 LiveLaw (Ker) 554Chandra Babu @ Babu v State of Kerala & Another, 2024 LiveLaw (Ker) 555C. K. Kunjumon v State of Kerala and Another, 2024 LiveLaw (Ker) 556C. K. Kunjumon v State of Kerala and Another, 2024 LiveLaw (Ker) 556Ranjith Balakrishnan v State of Kerala, 2024 LiveLaw (Ker) 557Aqib...

Kerala High Court Monthly Digest: August 2024 [Citations: 495-553]

Nominal Index: [Citations: 2024 LiveLaw (Ker) 495-553]DR. Valsamma Chacko v Leelamma Joseph, 2024 LiveLaw (Ker) 495Ramesh VV v Jyothi Maruthiyodan, 2024 LiveLaw (Ker) 496Saneesha M. S. v The Village Officers and Others, 2024 LiveLaw (Ker) 497 Kerala Pradesh School Teacher's Association v State of Kerala & Connected Cases, 2024 LiveLaw (Ker) 498Dhanya Sajith v M R Binoy Mathew, 2024...

Kerala High Court Directs 'Functionality Assessment' Test For NEET Aspirant With 50% Locomotor Disability To See MBBS Admission Eligibility

The Kerala High Court on Friday directed the Trivandrum Medical College to conduct a "functionality assessment" test to determine whether 17-year-old medical aspirant with a 50 per cent locomotor disability is eligible for the MBBS course, after noting that the disability certificate issued to her was silent on this aspect. The High Court passed the interim order in a plea moved by her...

Purpose Of Trial Is To Unearth Truth: Kerala High Court Orders To Give The Accused List Of Documents Not Relied On By Prosecution

The Kerala High Court has held that the accused has a right to access all materials which was gathered during investigation, irrespective of whether the prosecution seeks to rely upon the same. Justice C. Jayachandran remarked that the very reason that the prosecution is not relying upon the same may imply that the evidence may be in favour of the accused.Rule 19(4) of the Criminal Rules...

Will You Write Off Loans Of Wayanad Landslide Victims? High Court Asks Centre, Calls For "Carrying Capacity Assessment" Of Hills To Limit Tourists

Continuing hearing in the suo moto case initiated in the aftermath of devastating Wayanad landslides, the Kerala High Court today asked the Central government and the National Disaster Management Authority whether it is willing to write off personal loans, motor vehicle loans and housing loans availed by members of the affected families.Section 13 of the Disaster Management Act, 2005...

Trial Against Person With Alzheimer's Must Be Postponed Under CrPC & BNSS If Accused Incapable Of Making His Defence: Kerala High Court

The Kerala High Court has held that a person accused in a criminal case but incapable of making defence due to Alzheimer's Dementia is entitled to protection under the CrPC and The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.Chapter XXV of CrPC pertains to provisions for accused persons of unsound mind. It includes persons suffering from unsound mind or mental retardation. Chapter XXVII...