The Supreme Court warned against the misuse of the law in marital dispute cases lodged by women against their husbands and families, saying that it cannot be used as a “tool to unleash personal vendetta”. A bench of Justices BV Nagarathna and N Kotiswar Singh on Tuesday (Dec 10) made the observation while setting aside a cruelty case filed against a man and his family under Section 498(A), which the Telangana High Court had refused to dismiss earlier.
Justice BV Nagarathna, born on 30-10-1962, assumed office in the Supreme Court of India on 31-08-2021. With 68 authored judgments, notable cases include Bilkis Yakub Rasool v Union of India and Vivek Narayan Sharma v Union of India. She is celebrated for pioneering women’s representation in the judiciary.
Justice BV Nagarathna criticized executive overreach at the Justice S. Natarajan lecture, particularly unlawful demolitions targeting accused individuals. She emphasized the necessity of due process and proper tribunal qualifications, cautioning against political influence in judicial functions. The Supreme Court’s judgment against punitive demolitions highlights the need for checks on executive powers and urban housing reform.
Today, On 23rd October, the Supreme Court ruled that state governments can tax and regulate industrial alcohol, with Justice BV Nagarathna dissenting. She argued that such authority undermines uniform development and emphasized that only the Union government can legislate on this issue. The majority found industrial alcohol included under “intoxicating liquor.”
Today, On 24th September, the Supreme Court mandated the enforcement of safety guidelines for children in schools nationwide, prompted by rising incidents of violence, including the Badlapur case. The National Commission for Protection of Child Rights is tasked with ensuring compliance, addressing gaps in adherence among state governments and underscoring the urgent need for accountability in protecting children’s safety.
Justice BV Nagarathna on wednesday (10th July) emphasized financial empowerment for homemakers in India, highlighting their vulnerability and dependence on husbands. She urged husbands to recognize their wives’ needs and allocate funds for personal expenses. The Supreme Court upheld a divorced Muslim woman’s right to claim maintenance under Section 125 CrPC, setting a precedent for financial support in such cases.
The Supreme Court today has sought the Central Government’s response on a PIL challenging the exclusion of single unmarried women and transgender persons from the Surrogacy (Regulation) Act, 2021. Justice Nagarathna emphasized the need to handle this case separately, as it addresses specific issues for transgender and single women. Dr. Aqsa Shaikh argues that the exclusion violates constitutional rights.
Justice BV Nagarathna criticized demonetization at the Courts and the Constitution Conference, citing lack of proper decision-making and negligible impact on black money. She emphasized the disproportionate impact on the public, with 98% of demonetized currency returning to the RBI. She also highlighted the judiciary’s role in ensuring a relevant Constitution.