SC Issues Notice On Petitions Challenging Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act of 2018

The Supreme Court bench of Justices A. K. Sikri and Ashok Bhushan on Friday issued notice to the Centre on a string of petitions challenging the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act of 2018.However, the bench declined to stay the Amendment without according an opportunity of being heard to the government. The Union of India has been required to file...

Mob Lynching : SC Sternly Directs States To File Compliance Reports Within A Week

Centre and State Governments directed to give wide publicity that lynching and mob violence will invite serious consequences.On Friday, the Supreme Court directed the defaulting states to file compliance reports with regard to its July 17 judgment on guidelines to prevent mob lynching and cow vigilantism. The Court's sternness was clear from the fact that it directed the personal appearance...

SC Censures Bihar Govt. For “Facetious” Explanation On Delay In Medical College Admissions; Orders Enquiry [Read Order]

The Supreme Court on Thursday came down heavily on the State of Bihar for delaying the admissions to medical colleges and granted 48 hours to the Bihar Combined Entrance Competitive Examination Board (BCECEB) to select the students for allotment of seats for first year MBBS Course at private medical colleges.The direction was issued by a Bench comprising Justice SA Bobde and Justice L....

India Joins 25 Nations Where Homosexuality Is Legal

With the Supreme Court decriminalising gay sex, India joins 25 other countries where homosexuality is legal.However, 72 countries and territories worldwide still continue to criminalise same-sex relationships, including 45 in which such relationships between women are outlawed.In what is being hailed as a historic move, a five-judge constitution bench of the Supreme Court on Thursday...

Celebration Of Sexual Agency : Justice Chandrachud's Soulful Judgment In Section 377 Case

"Sexuality must be construed as a fundamental experience through which individuals define the meaning of their lives"Deeply moving and empathetic, Justice Chandrachud's judgment in the Section 377 case makes for a compelling read. Rather than legalese, the judgment is brimming with a profound understanding of the human condition and of the urge of an individual to find meaning...

[Section 377 Verdict] No Presumption Of Constitutionality Attached To A Pre-constitutional Statute Like Indian Penal Code: Justice Nariman

Justice Rohinton Fali Nariman, in his concurring opinion, has observed that there is no presumption of constitutionality attaches to a pre-constitutional statute like Indian Penal Code.Justice Nariman made this observations while he was addressing the question whether the two Judge  judgment in Suresh Kumar Koushal is right or not.He observed as follows;"Suresh Kumar Koushal’s judgment...

SC Collegium Recommends Elevation of Four Advocates As Judges Of Punjab & Haryana HC [Read Resolution]

The Supreme Court Collegium has recommended the elevation of four Advocates as Judges of Punjab and Haryana High Court.The collegium comprising Chief Justice of India Dipak Misra, Justice Ranjan Gogoi and Justice MB Lokur recommended that the following Advocates be elevated as judges: Ms. Manjari Nehru Kaul Mr. Harsimran Singh Sethi Mr. Arun Kumar Monga Mr. Manoj BajajThe collegium had...

History Owes An Apology To LGBT Community; They Deserve To Live A Life Unshackled From The Shadow Of Being ‘Unapprehended Felons’: Justice Indu Malhotra

‘A subjective notion of public or societal morality which discriminates against LGBT persons, and subjects them to criminal sanction, simply on the basis of an innate characteristic runs counter to the concept of Constitutional morality, and cannot form the basis of a legitimate State interest.’Justice Indu Malhotra, in her separate judgment decriminalizing homosexuality, observed...

Rajiv Gandhi Assassination Case: SC Says TN Governor Can Consider Perarivalan's Mercy Plea [Read Order]

The Supreme Court on Thursday observed that the Tamil Nadu Governor can consider the mercy petition of A G Perarivalan, a convict in the 1991 Rajiv Gandhi assassination case.A bench of Justices Ranjan Gogoi, Naveen Sinha and K M Joseph disposed of the Centre's petition regarding a proposal for the release of the convicts, filed by the Tamil Nadu government."it appears that an application...

S.377 Subjects LGBT Community To Discrimination; Used As A Weapon For Their Harassment: CJI Misra

The Supreme Court on Thursday struck down the 157-year-old law which criminalized consensual homosexual acts between adults. In a unanimous decision, a five-judge Bench declared Section 377 of the Indian Penal Code unconstitutional, insofar as it criminalizes consensual sexual acts of adults in private.Chief Justice of India Dipak Misra, writing for himself and Justice AM Khanwilkar, ruled,...

Section 377 IPC: Summary Of Four Separate Judgments [Read Judgment]

A Five Judge Constitution Bench of the Supreme Court on Thursday pronounced Judgment on a batch of petitions challenging the constitutional Validity of Section 377 IPC.CJI DIPAK MISRA AND KHANWILKARReliance on the NALSA judgment to highlight connection between human rights and constitutional guarantee of right to life and liberty with dignityThe eminence of identity which has been lucently...

BREAKING: SC Strikes Down 157 Year Old Law Criminalizing Consensual Homo-Sexual Acts Between Adults; Holds Section 377 IPC Unconstitutional To That Extent [Read Judgment]

In a landmark Judgment Supreme Court of India has struck down 157 year old law which criminalizes consensual homo sexual acts between adults. The Five Judge Bench has declared Section 377 IPC unconstitutional, insofar as it criminalises consensual sexual acts of adults in private.Chief Justice Dipak Misra said it is a unanimous verdict expressed through four separate but...