Lynching Of Muslims In India Has Become A “Badge Of Honour” For Perpetrators: Senior Advocate Indira Jaising to SC [Read Written Submissions]

In her Written Submissions filed before the Supreme Court in the petitions highlighting rising instances of cow vigilantism and lynching, Senior Advocate Indira Jaising has asserted that “lynching of Muslim in India have become a badge of honour for the perpetrators”. Ms. Jaising, in fact, alleges that the substantial increase in the number of lynchings in India over the last 3-4 years...

[Section 377] [Day-2,Session-1] We Want The Relationships To Be Protected From Moral Policing : Justice Chandrachud

On Day 2 of the hearing on the challenge to the constitutionality of section 377 of the IPC, ASG Tushar Mehta submitted the Centre’s affidavit before the Supreme Court five judge bench, clarifying its stand to not contest the petitions, leaving the decision to the wisdom of the court.However, the ASG proceeded to voice his personal apprehension in the light of the observation made by Justice...

Breaking: Decriminalisation Of Adultery Will Destroy The Institution Of Marriage- Centre Seeks Dismissal Of Petitions Challenging S.497 IPC

The Centre has sought dismissal of the petition challenging the vires of Section 497 of the Indian Penal Code, informing the Supreme Court that the issue is already being deliberated upon by the Law Commission of India.The Centre’s affidavit begins with it demanding the dismissal of the petition, and asserting that Section 497 “supports, safeguards and protects the institution...

Breaking: Centre Would Not Contest S.377 IPC, Says 'Let The Court Decide'

In a welcome move, the Centre today informed the Supreme Court that it would not contest the petitions challenging Section 377 of the Indian Penal Code as far as they relate to consensual sex between two adults.Additional Solicitor General Tushar Mehta submitted that the Centre has decided to leave the issue to the wisdom of the Court. He, however, requested the Court to not decide on...

The Big Question: Will Centre Back Section 377 IPC Or Support Striking It Down?

As a five-Judge Constitution Bench of the Supreme Court began hearing the challenge to the constitutionality of Section 377 of the Indian Penal Code on Tuesday, all eyes are set on the Centre as the side it is on still remains shrouded in mystery.No uniform opinion among BJP MPsWhile the Bhartiya Janta Party has so far not taken any official stand on the issue in the Court, the party had used...

[Section 377] [Day-1,Session-2] Right To Choose A Partner Is A Fundamental Right Under Art. 21 And Partner Can Be from The Same Sex: Chandrachud.J

Justice Chandrachud remarked that the right of an adult to choose their sexual partner has been observed to be intrinsic to their fundamental right under Article 21 in the Hadiya Judgment , and that such partner could also possibly be of the same sex.After the bench resumed post the lunch hour, Senior Counsel Arvind Datar traced the history of the laws against homosexuality.He submitted...

'There Is A Mountain Loads Of Garbage In Delhi':Who Is Responsible For Clearing Garbage: Those Answerable To L-G Or To CM, Asks SC [Read Order]

There is a mountain loads of garbage in Delhi, particularly in Bhalswa, Okhla and Ghazipur. We would like to know who is responsible for clearing the garbage – those answerable to the Lt. Governor or those answerable to the Chief Minister, a Supreme Court bench headed by Justice Madan B Lokur has remarked.The bench, also comprising Justice Deepak Gupta, was considering a suo motu writ...

Medicos Owe Constitutional Duty To Treat The Have-Nots; SC Upholds Delhi Govt Circular To Hospitals Built On Subsidized Land To Provide Free Treatment To The Poor [Read Judgment]

‘Due to financial reasons, if treatment is refused, it would be against the very basic tenets of the medical profession and the concept of charity in whatever form we envisage the same, besides being unconstitutional would be violative of basic human rights.’In a significant judgment, the Supreme Court has observed that members of the medical profession owe a constitutional duty to treat...

[Section 377] [Day-1, Session-1] Popular Morality Can't Prevail Over Constitutional Morality: Mukul Rohtagi [Updated]

The hearing in the challenge to the constitutionality of section 377 of the IPC commenced before the Supreme Court five-judge bench on Monday, with Senior Counsel Mukul Rohatgi praying that the issue not be confined to the decriminalisation of the practice of homosexuality, but also a declaration that the rights of the LGBT community are covered under Article 21.“The principle issue is...

Abolition Of Death Penalty By Several Countries Not A Ground To Efface It From The Statute Book Of Our Country: SC [Read Judgment]

‘So far the death penalty remains in the Penal Code the Courts cannot be held to commit any illegality in awarding death penalty in appropriate cases.’While rejecting the review pleas of two death convicts in Nirbhaya case, the Supreme Court has observed that abolition of death penalty by several countries like the United Kingdom, Latin American countries and Australian states is no ground...

ISRO Espionage Case : SC Reserves Judgment in Nambi Narayanan's Plea for Action against Kerala Police Officials Alleging Wrongful Confinement

The Supreme Court has reserved judgment in the petition of former ISRO Scientist Nambi Narayanan for action against former top officials of Kerala Police who had allegedly subjected him to torture and illegal detention in connection with the infamous ISRO Espionage Case.Nambi Narayanan's petition challenged the judgment of the Division Bench of the High Court of Kerala(Siby...

As SC Starts Hearing The S. 377 Case, Here Is A Timeline Of The Legal Battle

The legal fight against Section 377 of the Indian Penal Code has been a long and tedious one. Before we begin cheering for the warriors fighting for the rights of India's LGBTQ community, here's a timeline of how arduous the journey has been so far:1991: The fight for decriminalisation was actually initiated by AIDS Bhedbhav Virodhi Andolan way back in 1991. Their historic publication—...