Imposing a prohibitory ban on merchant establishments and establishments that provide livelihood is contrary to the enshrined principles under Article 21.
The rights of a child to education have to be balanced with the rights of the school under the DSER, 1973. If the petitioner is unable to pay the fees of the school, the petitioner certainly does not have a right to continue education in the school in question. However, the petitioner cannot be tormented in this manner in the middle of the academic session.
Unfounded criminal charges and long drawn criminal prosecution can have serious consequences. A person subjected to such litigation suffers immense mental trauma, humiliation and monetary loss.
Madras High Court said that, while dealing with the issue involved in this public interest litigation, the following words of the South African anti-apartheid activist, Nelson Mandela resonate in their mind – “No one truly knows a nation until one has been inside its jails. A nation should not be judged by how it treats its highest citizens, but its lowest ones”.
The issue emerged after SP leader Azam called the unfortunate incident of 2016 gang-rape of a minor and her mother in Uttar Pradesh a “political conspiracy only and nothing else”. V Ramasubramanian, J delivered the verdict for himself and SA Nazeer, AS Bopanna, BR Gavai, JJ, however, BV Nagarathna, J, while agreeing with the reasoning and conclusions arrived at by the majority on certain questions referred, went on to lend a ‘different perspective’ on some issues.
The Delhi High Court held that grant of bail should not be considered only when the person was in the condition of dying and the authorities should not give long dates to the prisoners for their medical check-up and instead act with promptness, so that check-up could be conducted early.
A curious case presented itself before the Karnataka HC wherein they deliberated over an agreement for adoption entered between the biological parents and adoptive parents, when the child was still unborn.
“The nature of sexual violence and the contours of consent do not undergo a transformation when one decides to marry. The institution of marriage does not influence the answer to the question of whether a woman has consented to sexual relations. If the woman is in an abusive relationship, she may face great difficulty in accessing medical resources or consulting doctors.”
While the interim order was passed in the case on 21.07.2022, the Supreme Court took over two months to write a far-reaching 75-pages-long verdict, touching upon various aspects like purposive interpretation of Medical Termination of Pregnancy laws, equal status of married and unmarried or single women, right to reproductive autonomy, right to dignity, effect of unwanted pregnancy on mental health of women, etc.
Jharkhand High Court: While deciding the instant petition preferred by the petitioner seeking the direction of the Court to provide
“The human life has its charm and there is no reason why the life should not be enjoyed along with all permissible pleasures. Anyone who wishes to live in peace, comfort and quiet within his house has a right to prevent the noise as pollutant reaching him. No one can claim a right to create noise even in his own premises which would travel beyond his precincts and cause nuisance to neighbours or others. Any noise which has the effect of materially interfering with the ordinary comforts of life judged by the standard of a reasonable man is nuisance.”
Delhi High Court: In a case seeking grant of medical termination of pregnancy by a 16-year-old rape victim (‘petitioner’), Yashwant Varma J.,
Delhi High Court: In a case where very serious allegations are made and 16 members from the same family are
Allahabad High Court: The Division Bench of Rajan Roy and Jaspreet Singh, JJ. took suo motu cognizance of a PIL which was
It is not only in cases dealing with family disputes that the rights and welfare of the child should be considered but also in the cases as the present one, the courts can become and act as the parent of the child and ensure that the child is not deprived of its Fundamental Right to Education.
“Denying an unmarried woman the right to a safe abortion violates her personal autonomy and freedom.”
Universal Declaration of Human Rights (UDHR) under Article 16 explicitly states that Men and Women of full age, without any limitation due to race, nationality, or religion, have the right to marry and form a family. They are entitled to equal rights to marriage, during the marriage, and at its dissolution. A marriage shall be entered into only with the free and full consent of the intending spouses.
Karnataka High Court (Dharwad Bench): Suraj Govindaraj, J. while deciding a matter regarding handcuffing of an accused during arrest, held that “handcuffing
Punjab and Haryana High Court: A writ petition was filed seeking the relief of protection of life and liberty at the hands
United Nation’s Sustainable Development Goal (SDG) No.6 explicitly recognises sanitation rights. Delay in providing sanitation facilities, in particular reference to women impedes in achieving SDG No.5 that talks about gender equality, and thereof pulling back all other associated goals.