Triple Talaq Case :- Can Justice Nariman’s View On Arbitrariness Be Treated As A Binding Declaration Of The Constitution Bench?

Apart from the implications it holds for Muslim Divorce Laws, the Triple-Talaq judgment of the Supreme Court has piqued the interest of legal fraternity for a different reason as well. Justice Nariman’s view(endorsed by Justice U.U Lalit) that arbitrariness can be a ground for striking down a legislation has sparked a lot of discussions among the legal commentators. Justice Nariman expressed the view by overruling the dictum in State of Andhra Pradesh vs. McDowell & Co. AIR 1996 SC 1627,...

SC Asks Centre To Ensure Protection To The Parents of Boy Killed By Manipur CM’s Son In Road Rage

The Supreme Court bench of Justices Ranjan Gogoi and Deepak Gupta, on Tuesday, August 22, asked the Additional Solicitor General, Pinky Anand, to interact with Vikram Sahgal, Inspector General of Police, Manipur and Nagaland Sector, Central Reserve Police Force, Imphal to ensure that the order of the Court directing security/protection to the parents of the boy, killed in a road rage case...

Triple Talaq Judgment: Justice For Muslim Women, Writes Justice K.T. Thomas

I am happy that the Supreme Court has rendered substantial justice to the Muslim women of the country giving them the protection envisaged in the Constitution of India.Chief Justice J.S.  Khehar  maintained  that  triple talaq being a personal law, was not unconstitutional.  He was supported by Justice S. Abdul Nazeer.  But the other three judges Justice Kurian Joseph,  Justice Rohinton  Fali Nariman and justice Uday Lalit took the view that triple talaq was unconstitutional, though on different...

In A First, Delhi HC Orders DU To Conduct MPhil Exam For Visually Impaired Who Missed Train [Read Judgment]

In a first, the Delhi High Court on Tuesday directed the Delhi University to conduct within ten days an entrance examination for the visually challenged youth who missed taking the M Phil Sanskrit entrance test as he could not board the only railway coach reserved for disabled persons.A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar had taken up the matter suo motu after...

Ideology Has Taken The Place Of Idealism These Days: Gopal Subramanium

Ideology has taken the place of idealism these days: Thus senior advocate and former Solicitor General of India Gopal Subramanium began his lecture on ‘Public Interest Litigation’ at the High Court of Kerala recently.The lecture was part of the Lecture Series held by the court on the occasion of its diamond jubilee celebrations.Contextualising the talk in the backdrop of rising trends...

Which HC Ruling Will Get The SC’s Affirmation Over The Applicability Of 2015 Amendments To Post-Arbitration Court Proceedings?

The Arbitration & Conciliation (Amendment) Act, 2015 (“amendments” / “2015 Act”) was introduced with a purpose to give more autonomy to the arbitral tribunals and deter unnecessary and vexatious litigations arising out of arbitral proceedings. However, some felt that the provisions of 2015 Act were not precisely drafted to convey the legislative intent. Since the enactment, section 26 of the 2015 Act has been subject of interpretation in various Courts. Top lawyers of India have carefully...

Major Girl's Right To Choose A Partner vis-a-vis Right To Reside With Him Without Marriage: A Matter Of Judicial Prescription

The High Court of Kerala is off late in the limelight of academic discussions, owing to the variety of marriage cases that come before it by virtue of writ of habeas corpus.The case of Ashokan K.M (Akhila @ Hadiya Case) has brought the High Court to the national forefront of debates, due to the unusual order declaring a marriage void, even when the bride and the groom did not contest it. The parens patriae jurisdiction exercised by the Court in that case is still under a fog of vagueness and...

A Major Girl May Opt For A Criminal, Convict, A Person Of Different Religion/Caste To Marry, Court Can't Resist Her Choice: Kerala HC

The Kerala High Court on 24th July 2017 held that when a major girl exercises her fundamental rights under Article 21 of the Constitution by choosing her partner, the court cannot resist such expression of opinion.“Becoming a major gives them the authority to exercise all their rights as a citizen and once they attain the age of marriage, they can choose their partner. The choice may not be...

CIC Calls For Views On Bringing Parliamentary Parties Under RTI Act, Says MPs Obliged To Disclose Works, Use Of Funds Under MPLADS [Read Order]

Opining that “in principle, every legislature/parliamentary party shall be considered as public authority”, the Central Information Commission (CIC) has called for views from the BJP and other political parties as to why legislature/ parliamentary parties should not be brought under the purview of RTI Act and why were they not disclosing voluntarily the selection of work and use of...

‘No Toilet At Home Amounts To Cruelty’: Family Court Grants Divorce

A Family Court in Rajasthan’s Bhilawara District has reportedly granted a woman’s plea for divorce, ruling that absence of a toilet at home amounts to cruelty.“Has it ever pained us that our mothers and sisters have to go to defecate in the open? Women in villages have to wait for dark to venture out in order to relieve and as a result has to bear with physical pain… It is an irony...

Delhi HC Asks Centre To Implement National Policy For Rare Diseases [Read Order]

Continuing to ensure aid to patients suffering from rare diseases, the Delhi High Court has asked the Centre to take urgent steps to make the National Policy for Treatment of Rare Diseases functional at the ground level.“This Court is of the view that urgent steps need to be taken by the Ministry to make the National Policy functional at the ground level. This Court directs the Ministry...

The Right To Health – Uneasy Silence

Diseases and mishaps must have had their grip over humans ever since they came into existence. The disablement, disfigurement and loss of life caused due to illness has alarmed human race. The multiple sources causing such agonies are both external and internal ranging from nature’s wrath to lack of proper hygiene. If the human race is to survive and progress preservation of good health is a must. Though personal hygiene can to a large extent ward off ordinary ailments caused due to lack of...