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—...

Kejriwal Govt Moves SC Again After Spat With LG On Control Over 'Services'; Hearing Next Week

Delhi's AAP government today moved Supreme Court seeking an early hearing on pending issues relating to turf war with Lt Governor Anil Baijal including Services.The plea was mentioned by Delhi Government Standing counsel Rahul Mehra before a bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud.In the pending litigation, which a constitution bench said, will...

Taj Mahal Needs To Be Protected: SC Rejects Plea Challenging Ban On Namaz By Outsiders In Monument’s Mosque

The Supreme Court on Monday refused to overturn a ban on outsiders entering the Taj Mahal complex in Agra for namaz or Friday prayers, asserting that the monument is among the seven wonders of the world and hence, needs to be protected.According to a PTI report, the Bench comprising Justice A.K. Sikri and Justice Ashok Bhushan opined that there are several other mosques in Agra where those...

SC Orders Transfer of Accused in Kathua Case to Gurdaspur Jail,Punjab [Read Order]

The Supreme Court has ordered that the accused persons in Kathua rape-murder case should be shifted from Kathua Jail, Jammu and Kashmir to Gurdaspur District Jail, Punjab.The order was issued on the basis of submission made by Indira Jaising, Senior Advocate appearing for the victim's family, that a lot of time is lost in commuting the accused from Kathua to Pathankhot, Punjab, to where the...

“Like Lok Sabha And Rajya Sabha, Supreme Court May Have Its own Channel”- Interesting Court Room Exchange In 'Live Streaming' Hearing

The Supreme Court bench of Chief Justice Dipak Misra and Justices A. M. Khanwilkar and D. Y. Chandrachud on Monday observed that live streaming of court proceedings will help litigant instantaneously know what happened to his case and how his lawyer performed his case before the Court.Attorney General KK Venugopal submitted that all court proceedings should be streamed live not only...

Centre, BCI Say Legislators Can Be Allowed To Practice As Advocates; SC Reserves Judgment

The Supreme Court today reserved orders on a petition to declare that a person should not be permitted to perform the dual role of a lawyer and a legislator(MP/MLA).The Centre did not accept the proposition that lawyers should be banned from being legislators.  When his view was sought, Attorney General K K Venugopal said such a ban is not correct or justifiable as being an MP/MLA is not a...

Bodily Integrity of a Woman Cannot be Infringed, SC Observes In PIL Seeking Ban on Female Genital Mutilation

Hearing a PIL seeking a ban on Female Genital Mutilation (FGM) practiced within the Dawoodi Bohra Community in India, the Supreme Court on Monday remarked that the bodily integrity of a woman could not be infringed without her consent.According to the petitioner, the practise amounts to an offence under the Protection of Children from Sexual Offences Act (POCSO) 2012 and the Indian...

Loya Case Judgment : SC Reserves Orders On Indira Jaising's Plea to Expunge Adverse Remarks Against Her

Over 2 months after it dismissed a string of writ petitions seeking an independent probe into the death of CBI special judge B. H. Loya, the Supreme Court on Monday heard Senior Counsel Indira Jaising’s application for the removal of certain adverse remarks recorded against her in the judgment pronounced on April 19.In the main matter, Ms. Jaising had appeared on behalf of...