Madras High Court Weekly Round-Up: August 14 To August 20, 2023

NOMINAL INDEX

Jothi v The State and others, 2023 LiveLaw (Mad) 227

Manoj Immanuel v Union of India and others, 2023 LiveLaw (Mad) 228

Lois Sophia @ Layis Shobia v. Inspector of Police and Others, 2023 LiveLaw (Mad) 229

Dr. Gurubaran and others v. Union of India and others, 2023 LiveLaw (Mad) 230

Kajendran v Superintendent of Police and others, 2023 LiveLaw (Mad) 231

P Vigneshwaran @ Viduthalai Sigappi v State, 2023 LiveLaw (Mad) 232

REPORTS

Withholding Patient's Medical Information Will Amount To Professional Misconduct: Madras High Court

Case Title: Jothi v The State and others

Citation: 2023 LiveLaw (Mad) 227

The Madras High Court has recently noted that a hospital's failure to provide information pertaining to the treatment given to a patient would amount to professional misconduct and would result in tortious liability as it infringes the patient's right.

Calling for digital maintenance of records, Justice GR Swaminathan of the Madurai bench also noted that a patient's right to get all relevant records pertaining to his or her treatment can be effectuated only if the medical records are maintained digitally.

Madras High Court Orders Centre To Relocate 495 Families From Mudumalai Tiger Reserve, Says Paucity Of Funds Not An Excuse

Case Title: Manoj Immanuel v Union of India and others

Citation: 2023 LiveLaw (Mad) 228

Noting the need to protect the rich flora and fauna, the Madras High Court has directed the Central Government to take steps to relocate the 495 families, including 20 tribal families, residing in the Mudumalai Tiger Reserve.

The bench of Justice N Satish Kumar and Justice D Bharatha Chakravarthy refused to accept the contention that there was a paucity of funds and noted that when there was a primordial statutory duty, the funds available with the National Compensatory Afforestation Fund Management and Planning Authority (CAMPA) could itself be used for giving adequate compensation to the families.

Madras High Court Quashes FIR Against Student For Shouting Slogan Against BJP Govt On Flight With Tamilisai Soundararajan

Case Title: Lois Sophia @ Layis Shobia v. Inspector of Police and Others

Citation: 2023 LiveLaw (Mad) 229

The Madras High Court has quashed an FIR lodged against Lois Sofia, arrested for raising slogans against the BJP government on board a flight in the presence of former Tamil Nadu BJP president and current Governor of Telangana and Lieutenant Governor of Puducherry Tamilisai Soundararajan.

Justice P Dhanapal of the Madurai bench has ordered quashing the proceedings against the research scholar.

In September 2018, Sofia, a research scholar from Canada was arrested after she shouted “fascist BJP government down, down” on board a flight in the presence of Tamil Nadu BJP president Tamilisai Soundararajan who filed a complaint.

PG Medical Admissions: Madras High Court Refuses To Interfere With Grant Of Incentive Marks To In-Service Candidates In Open Category

Case Title: Dr. Gurubaran and others v. Union of India and others

Citation: 2023 LiveLaw (Mad) 230

The Madras High Court has held that the Tamil Nadu government’s decision to provide incentive marks to in-service candidates and allowing them to apply in the open category during PG admissions is not barred by any statute and that the same did not require any interference of the court.

Chief Justice SV Gangapurwala and Justice PD Audikesavalu noted that unless policy decision was shown to be manifestly arbitrary, the courts would be extremely slow in interfering especially when the matter was concerning the academic and educational field.

The court was hearing challenge to Regulation 9(4) of the Postgraduate Medical Education Regulations, 2000 insofar as it permits the State Governments to provide incentives to in-service candidates participating in the open category of Postgraduate Medical Admission Counselling.

Doctors Need Not Disclose Minor Girl's Name In Report Under POCSO Act While Terminating Pregnancies From Consensual Relations : Madras High Court

Case Title: Kajendran v Superintendent of Police and others

Citation: 2023 LiveLaw (Mad) 231

The Madras High Court has observed that when a minor seeks to terminate a pregnancy arising out of a consensual sexual relationship, the registered medical practitioner may not insist on disclosure of the name of the minor for preparing a report under Section 19 of the Protection of Children from Sexual Offences (POCSO) Act as sometimes the minor and their guardian may not be interested in proceeding further with the case.

The bench of Justice Anand Venkatesh and Justice Sunder Mohan thus directed the Principal Chief Secretary (6^th respondent in the case) to address the issue and evolve a procedure to strictly comply with the judgment of the Apex Court in Xvs. Principal Secretary, Health and Family Welfare Department wherein the Apex court had also ruled against the insistence of name.

Madras High Court Stays Criminal Case Against Author For Reciting Poem Portraying Lord Ram, Hanuman And Lakshman As Manual Scavengers

Case Title: P Vigneshwaran @ Viduthalai Sigappi v State

Citation: 2023 LiveLaw (Mad) 232

The Madras High Court recently stayed the criminal proceedings against Poet and Assistant Director P Vigneshwaran @ Viduthalai Sigappi for reciting a poem depicting Lord Ram, Lord Hanuman, and Lord Lakshman as manual scavengers.

Staying the proceedings in the FIR registered by Abhiramapuram police station, Justice Anand Venkatesh noted that a prima facie case was made out.

The case against Vigneshwaran was that while participating in a function on April 30, 2023, he recited a poem where Lord Ram, Hanuman, and Lakshman were depicted as manual scavengers and Goddess Sita closes the manhole when the other three were working inside, thereafter fleeing to Srilanka leaving behind a note requesting the readers not to open the manhole.

Claiming that the poem had the potential to inflict mental agony upon a majority of Hindus and was an insult to Hinduism, a case was registered based on a complaint by Suresh Parthasarathy, leader of Bharath Hindu Munnani for offences under Sections 153, 153(1)(a), 295A, 505(1) and 505(2) of the IPC.

OTHER DEVELOPMENTS

"Developing Hatred Towards Transgender": Madras High Court Seeks Explanation From Panchayat President Seeking To Cancel Land Allotment

The Madras High Court has recently directed the President of the Nainarkuppam Panchayat to explain the legal basis on which he sent a representation to the Cuddalore District Collector seeking to cancel the Patta granted by the Government to the transpersons in the locality.

Justice SM Subramaniam noted that the representation given by the Village Panchayat revealed his hatred towards the Transgender persons in the locality, which was unconstitutional and in violation of Article 19(1)(d) of the Constitution.

The court also noted that the Village Panchayat had passed a resolution to this effect which was also against the fundamental right of the citizens and caused concern to the court.