Second Complaint Maintainable If There Is Discovery Of New Fact After Disposal Of First Complaint: SC [Read Judgment]

‘The complainant/appellant came to know certain facts relating to the replacement of parts of the machine after the disposal of the first complaint, that too after getting a service report from Key Pharma Limited, Delhi, and, therefore, there is no bar for the appellant to lodge second complaint.’The Supreme Court in Om Prakash Singh v. State of Bihar has reiterated that a...

[Section 377] [Day-2, Session 2] ‘Sex’ Shall Be Interpreted As ‘Sexual Orientation’ For The Purpose Of Article 15 To Remove Discrimination Against LGBTQ Community: Anand Grover, Shyam Divan

As the hearing in the challenge to the constitutionality of section 377 of the IPC resumed post lunch, Advocate Maneka Guruswamy advanced that the provision could not be said to be a reasonable restriction for the purpose of Article 19.In this behalf, she cited the 2010 apex court judgment in S. Khushboo v. Kanniammal, where the freedom of speech and expression of the appellant, having voiced...

Centre Gets 6 Weeks To Take Call On Engaging Trained Staff For Creche On SC Premises [Read Order]

Court proposes finances from independent sources for maintenanceThe Supreme Court has granted six weeks’ time to the Ministry of Women and Child Development to take a final call on the issue of engaging trained personnel in the creche in the Supreme Court premises while also asking the Registry to consider the possibility of designating members of the staff who are trained in giving...

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...