Kerala High Court Digest 2023: Human Rights

'Children Helping Parents In Selling Articles Not Child Labour' : Kerala High Court Orders Release Of Children From Shelter HomeCase Title: Pappu Bawariya and Anr. v. District Collector Civil Station and Ors.Citation: 2023 LiveLaw(Ker) 10The Kerala High Court ordered the release of two children from Delhi who were sent to a shelter home alleging that they were being forced into child labour by selling articles on the streets to the custody of their parents.In November 2022, the two children were nabbed by the Police alleging that they were being forced into child labour by selling articles on the streets. The Children were thereafter produced before the Child Welfare Committee and sent to shelter home. The Writ Petition was filed for the parents of the children seeking direction to release the children to their custody.Justice V G Arun while passing the order said, "I am at a loss to understand as to how the activity of the children in helping their parents in selling pens and other small articles would amount to child labour. No doubt, the children ought to be educated, rather than being allowed to loiter on the streets along with their parents...I wonder as to how the children can be provided proper education while their parents are leading a nomadic life. Even then, the police or the CWC cannot take the children into custody and keep them away from their parents. To be poor being not a crime and to quote the father of our nation, poverty is the worst form of violence."COVID First Line Treatment Centre Can Be Termed As Hospital For The Purpose Of Claiming Insurance: Kerala High CourtCase Title: Star Health Insurance And Allied Insurance Company Ltd v. Avinash T and Anr.Citation: 2023 LiveLaw (Ker) 34The Kerala High Court recently observed that COVID First Line Treatment Centre can be termed as a Hospital for the purpose of insurance claims.Justice V G Arun said that as per the COVID-19 advisory for patient admission to CFLTCs issued by the Government, the Centre identified as COVID Health Care Centre should treat all mild and moderate symptomatic persons under surveillance and should be utilised for treating positive cases when need arises.CFLTCs are Primary Level Health Care Centres set up for providing care to less serious cases and referral of serious cases to COVID hospitals, so as to avoid crowding in COVID Hospitals and avoid wastage of resources.'Sexism Is Not Cool, Real Men Don't Bully Women': Kerala HC Asks Schools To Focus On Character Building, Teach Etiquettes As Part Of CurriculumCase Title: Aaron S John v. TKM College of Engineering, Kollam and Ors.Citation: 2023 LiveLaw (Ker) 37The Kerala High Court, noting the increasing instances of sexual harassment against students in schools and colleges, observed that lessons in good behaviour and etiquette must be part of the curriculum and at least at the Primary Class level, teachers must be encouraged to instil virtues and values in students.Justice Devan Ramachandran observed that the archaic concepts of masculinity have changed but it needs to change more."Boys, even from a very young age, often grow up with certain sexist stereotypes - reinforced by peer and other social influences. Showing a girl/woman respect and honour is not old fashioned; on the contrary, is a virtue for all times. Sexism is not acceptable or “cool”. One exhibits strength when he respects a girl/woman. Respectfullness is an imperative that needs to be inculcated very young. How one treats a woman gives an insight to his upbringing and personality."'Mentally Retarded Persons' Also Eligible For Tax Exemption For Motor Cars Purchased Since April 1, 1998: Kerala High CourtCase Title: Clint Johnson v. State of Kerala & Anr.Citation: 2023 LiveLaw (Ker) 45The Kerala High Court ruled that 'mentally retarded persons' are also entitled to tax exemption in purchase of motor cars, on par with the physically handicapped persons under the notification issued by the state government in 1998 under Section 22 of the Kerala Motor Vehicles Taxation Act, 1976.Justice P.V. Kunhikrishnan said when both the Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and Rights of Persons With Disabilities Act, 2016 state that the person with disability includes 'mentally retarded persons' also, their exclusion from tax exemption and restricting the benefit to the physically handicapped persons - blinds, deaf and orthopedically handicapped persons, is discriminatory and is liable to be interfered by the court.'Vertical Reservation' By Calicut University For Persons With Disabilities Faulty And Illegal: Kerala High CourtCase Title: Dr. Anupama K.P. v. University of Calicut & Ors.Citation: 2023 LiveLaw (Ker) 62The Kerala High Court has held that the reservation procedure followed by the Calicut University by earmarking roster points for persons with disabilities, and providing them with vertical reservation instead of horizontal, as being faulty and illegal, and also...

Kerala High Court Digest 2023: Human Rights

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