The Kerala High Court, led by Justice V.G. Arun, overturned a Child Welfare Committee ruling that granted custody of an infant to the father, emphasizing the mother’s right to breastfeed and nurture her child as essential elements of the right to life. The court criticized biases against the mother’s choices, ensuring the child’s best interests were prioritized.
Today, On 25th October, The Supreme Court postponed a hearing on a PIL opposing ‘VIP entry charges’ in Indian temples, emphasizing a detailed review of the fees’ effects on worship access. The petition claims these charges violate equality and dignity rights, urging equal treatment for all devotees regardless of financial status and the need for standardized temple access procedures.
Today, On 23rd October, the Delhi High Court rejected a man’s petition for a gender test on his wife, alleged to be transgender, to dispute her domestic violence case. The court emphasized legal recognition of gender identity and stated that the request posed wider implications in matrimonial matters, directing him to pursue relief in the appropriate forum.
A man petitioned the Delhi High Court today (22nd Oct) for a medical examination of his wife, claiming she concealed her transgender identity, leading to emotional distress and legal complications. He argues that the rights of both spouses in marriage are interdependent, and seeks to avoid maintenance and domestic violence allegations based on her gender status.
The Supreme Court of India annulled a condition imposed by the Gujarat Government that required a murder convict to “behave decently” for two years as a prerequisite for remission. The Court deemed the condition arbitrary and vague, violating constitutional rights, while upholding a second condition related to criminal conduct but emphasizing adherence to natural justice in revocation processes.
Today, On 26th September, the Supreme Court ruled that the Enforcement Directorate cannot use Section 45 of the PMLA to detain individuals without trial. While granting bail to former Tamil Nadu minister V Senthil Balaji, the court emphasized the right to a speedy trial under Article 21, highlighting concerns over prolonged incarceration.
Today, On 13th September, The Sealdah court rejected the CBI’s request for a narco test on Sanjay Roy, the accused in the RG Kar Hospital case, limiting investigative methods. The SC’s ruling prohibits these tests without the suspect’s consent, safeguarding privacy and preventing evidence obtained without consent from being admitted in court. Meanwhile, protests continue in Kolkata over the case.
Yesterday, On 5th September, The Supreme Court proposed guidelines to address delays in carrying out death penalty executions, expressing concern over the distress caused by indefinite delays. A three-judge bench discussed the lack of clear procedures for sessions courts to follow when a death sentence is confirmed but a mercy petition is pending. This highlights the need for clearer guidelines to prevent such delays.
The Supreme Court is currently hearing Arvind Kejriwal’s petition challenging his arrest by the CBI. Aam Aadmi Party leader could be released from jail following the hearing. Kejriwal’s lawyer emphasized the importance of Article 21 of the Constitution for his release, humorously mentioning Donald Trump. The case has been adjourned to September 5.
On Thursday(22nd August),The Supreme Court of India ruled that excessive bail conditions are equivalent to denying bail, undermining the relief granted. This decision underscores the need for reasonable and proportionate bail conditions in line with constitutional rights.
