'I Know Good Touch-Bad Touch; Have Learnt In School' : Boy's Statement Leads To Man's POCSO Conviction

A recent judgment from Kerala in a child sex abuse case highlights the importance of imparting sensitization among children about 'good touch' and 'bad touch'.A Fast Track Special Court in Thiruvananthapuram on Monday sentenced a man to rigorous imprisonment for five years for sexually abusing a minor boy in 2020 under the Protection of Children from Sexual Offences (POCSO) Act.Special Judge...

Woman's Right To Reside In 'Shared Household' Can't Be Defeated By Summary Eviction Proceedings Under Senior Citizens Act?: Gujarat HC

The Gujarat High Court has observed that the right of a woman to secure a residence order in respect of a shared household cannot be defeated by the simple expedient of securing an order of eviction by adopting the summary procedure under the Senior Citizens Act 2007.The Bench of Dr. Justice Ashokkumar C. Joshi referred to the Supreme Court's ruling in the case of S Vanitha vs....

Kerala High Court Grants Pre-Arrest Bail To Former Chief Airport Officer In Sexual Assault Case

The Kerala High Court on Wednesday granted anticipatory bail to former Chief Airport Officer (CAO) of the Trivandrum International Airport, Giri Madhusudana Rao in the case where he was accused of raping a lady staff working under him.Justice P. Gopinath granted the pre-arrest bail considering the age of the petitioner and his ailments."I agree with the Public Prosecutor that the allegations...

Irrelevance Of Character Evidence In Rape Trials

It has often been stated by activists, policy makers and judges alike that rape trials victimise the rape survivor[1] by subjecting her to a series of harrowing experiences, from the medico-legal examination to harassment by the police, disturbing cross-examinations and in several cases, the questioning of her character by lawyers, judges and the public.[2] To make the process of rape trials less painful for the survivor, amendments to criminal law statutes and the Indian Evidence Act[3]...

Subordinate Courts Can't Assume Jurisdiction & Issue Contempt Notices, Power Rests With HC Alone: Delhi High Court

The Delhi High Court has observed that the power to issue notices for contempt of subordinate courts rests solely with the High Court exercising jurisdiction over it.Justice Amit Bansal observed,"Subordinate courts cannot assume jurisdiction and issue show cause notice as to why contempt proceedings be not initiated. A subordinate court can only make a reference to the High Court...

Bank's Decision Reducing Retirement Age Illogical; Affected Employees Entitled To Salary For Out Of Service Period: Rajasthan High Court

The Rajasthan High Court has recently observed that the employees of Central Co-Operative Bank, who remained out of service due to the latter's 'illogical' decision reducing the age of superannuation, are entitled to the salary for the said period.The Bank had passed a resolution, reducing the superannuation age from 60 to 58 years. Justice Rekha Borana, observed, "Petitioners would...

Ruling Party Not Only Silent On Hate Speech But Also Endorsing It : Justice Rohinton Nariman

Speaking at a webinar, former Supreme Court judge Justice Rohinton Fali Nariman recently expressed concerns about the rise of hate speech in the country."Unfortunately, we have the other higher echelons of the ruling party not only being silent qua hate speech but otherwise endorsing them", he said. He also said that there are people who are "actually calling for the genocide of an entire...

Around 25 Government Pleaders, Several Staff Test COVID Positive In Kerala High Court

The Advocate General of Kerala has notified the Kerala Hgh Court that about 25 Government Pleaders and several members of staff in the Advocate General's office has tested positive for COVID-19. The notice issued by Kerala High Court Advocate's Association Secretary Advocate Anand K. also indicated that considering this situation, there may be some difficulty with regard to the movement of...

NDPS Act| Delhi High Court To Examine Legality Of Including Neutral Substances With Actual Drug Weight To Determine 'Small Or Commercial Quantity'

The Delhi High Court has issued notice on a writ petition, challenging two notifications issued by the Union Ministry of Finance, stipulating that mixture of narcotic drug and seized material should be considered as a preparation 'in totality', as opposed to actual quantity of drug. The Division Bench of Chief Justice DN Patel and Justice Jyoti Singh has issued notice to the...

'Miserable Condition Of Horses': Calcutta High Court Directs State Gov To Frame Policy Regarding Horse Carriages Plying Near Victoria Memorial

The Calcutta High Court on Tuesday directed the State government to frame a policy to address the deplorable condition of horses used to haul tourist carriages near Victoria Memorial in Kolkata. The West Bengal Department of Home Affairs was ordered to place on record such a policy before the next date of hearing which is slated to take place on February 28. A Bench comprising Chief...

Chengara Land Agitation : Kerala High Court Condemns 20 Yrs Delay, Directs State To Notify Time Frame Required To Allot Habitable Land

The Kerala High Court on Tuesday directed the State government to inform the time frame required to allot inhabitable land to the landless Scheduled Castes and Scheduled Tribes individuals at Chengara who have been fighting for their land for two decades, which soon shaped a campaign and came to be known as the 'Chengara land agitation'. While requiring the State to disclose the name of...

Migrant Workers Case : Activists Move Supreme Court Seeking To Implement Directions On Ration, Community Kitchen Etc

Activists Harsh Mander, Anjali Bhardwaj and Jagdeep Chhokar have moved the Supreme Court alleging non-compliance by the Union of India and some States with the directions given by the Supreme Court in its judgment dated June 29, 2021 in the migrant workers case.A miscellaneous application has been filed by the applicants, who were also intervenors in the suo motu case registered by the...