Supreme Court’s Stand on Digital Inclusion: An Analysis of the Verdict on Accessible KYC for Persons with Disabilities
by Vanita Bhargava* and Vishal Shrivastava**
Article 21
‘Part of right to life under Art. 21’; P&H HC quashes notification clause providing cut-off date for grant of electricity connection in unauthorized colony
The cut-off date is meaningless and/or is redundant, it is neither based on any intelligible differentia nor it has any nexus with the objective sought to be achieved, inasmuch as, the unauthorized constructions over an unauthorized colony being permissible to be compounded, thus only within the arena of the stipulations as made in the apposite notification/rules/building byelaws.
MP High Court strikes down notification exempting 62 Species of ‘Forest Produce’ from Transit Rules
“Right to life is deeply entrenched in the protection and conservation of environment, forests, and all the natural resources of the State, as a facet of Article 21 read with 48-A of the Constitution of India.”
Rajasthan High Court issues direction for Aviation Infrastructure Development in Jodhpur
“Despite being a historically significant city and a tourist destination, Jodhpur airport remains limited in capacity, with fewer direct flights to and from the major cities. This lack of efficient air travel options makes it less accessible as compared to other major cities of the country, limiting business as well as tourism potential.”
Compelling wife to discontinue her studies is equivalent to destroying her dreams & amounts to Mental Cruelty: MP High Court
“Forcing wife to live with a person who is neither educated nor eager to improve himself certainly amounts to mental cruelty.”
Man in live-in relationship with his married sister has no right to file Habeas Corpus petition: Rajasthan High Court
“There is no fundamental right of a person to have a live-in relationship with a woman legally married to another man and, more particularly, when the woman appears to be his own sister.”
“Time is a valuable Resource’; MP High Court directs for policy review in PIL against ‘displaying long advertisements in movie theatres’
The Court acknowledged the concerns raised by the petitioner, however, asserted that the “issue at present is not ripe for adjudication before this Court.”
‘Nothing substantial in trial, matter adjourned almost 78 times’; Gujarat HC grants bail to accused in NDPS case
“Bleak hope of any speedy trial in the matter.”
‘Justice not a privilege for well-informed/well-represented’; Rajasthan High Court quashes 23-yr-old tree felling criminal case ‘in rem’
“The possibility that some accused persons have not appeared due to their socio-economic vulnerabilities must be taken into account, and their absence should not be construed as a waiver of their right to seek justice.”
Non-payment of salary to employee amounts to Begar under Article 23 & is impermissible: Rajasthan High Court
“The sweep of the right to life conferred by Article 21 of Constitution of India is wide and far reaching. An important facet of that right is right to livelihood, because no person can live without the means of living, i.e., the means of the livelihood.”
‘If accused gets verdict after 6-7 years in jail as undertrial prisoner, right to speedy trial under Art. 21 is infringed’; SC grants bail to UAPA accused
“Delays are bad for the accused and extremely bad for the victims, for Indian society, and for the credibility of our justice system, which is valued. Judges are the masters of their Courtrooms and the Criminal Procedure Code provides many tools for the Judges to use in order to ensure that cases proceed efficiently.”
Are married individuals, in live-in-relationships with others, entitled to police protection? Rajasthan High Court refers matter to larger bench
“Live-in-relationship is an agreement in which two persons live together in a short or long term relationship. The Hindu Marriage Act, 1955 does not recognise the concept of live-in-relationship. Even in Muslim Law, no recognition has been given to such relationship.”
“Religious terrorism is tragic & dangerous phenomenon”; MP High Court denies bail due to strong prima facie evidence & National Security threat
“Religious terrorism is a tragic and dangerous phenomenon that distorts the true teachings of faith and causes immense harm to individuals and societies. While the roots of religious terrorism are deep and complex, it is crucial to understand that no religion inherently supports violence or terror.”
“Bail is Rule and Jail is Exception”; Rajasthan High Court criticizes trial court for casual rejection of bail despite key evidence
“Every arrest is also a relief and a pain. It is a critical part of the justice system. All arrests have to be justified and be based on evidence and pave the way for justice.”
‘Allowing such petitions would promote bigamy’; Punjab and Haryana HC refuses to grant police protection to live-in couple where one of them was married & had kids
“The concept of right to life and personal liberty guaranteed under Article 21 of the Constitution of India includes the right to live with dignity and the petitioners by running away from their parental home is not only bringing bad name to the family but also is violating the right of the parents to live with dignity and honour.”
Borrowers cannot be coerced into repaying loans through threats of reputational damage or privacy invasion: Kerala High Court
“The display of photographs of defaulting borrowers violates their dignity, reputation, and fundamental right to life, as guaranteed under Article 21 of the Constitution of India”
[Cash-for-Job Scam] SC emphasises right to liberty, says undertrial incarceration should not amount to punitive detention while granting bail to TMC’s Partha Chatterjee
The Court expedited the Trial and directed the Trial Court to decide on framing of charges before the commencement of the winter vacations or before 31-12-2024 and then fix a date for recording the statements of prosecution witnesses who are the most material or vulnerable.
Rajasthan High Court slams State for 16-yrs delay in completing AIIMS Jodhpur Trauma Centre; Mulls over imposition of ₹50 Crore cost
“Health is an essential prerequisite for human beings and plays a vital role in national development. The right to health is an essential right, without which one cannot exercise its basic human rights.”
MTP Act | Rajasthan High Court directs registration of Suo Motu case to address Reproductive Rights Awareness & Legislative Reforms
“The willingness of a victim to do away with unwanted pregnancy which is outcome of she having been ravished/sexually assaulted/subjected to illicit intercourse is a relevant factor to guide her reproductive choice.”
‘Undue delay in issuing execution warrant for death penalty violates convicts right under Art. 21’; SC issues directions to tackle delays
“Article 21 of the Constitution does not end with the pronouncement of the sentence but extends to the execution stage of that sentence. An inordinate delay in the execution of the sentence of death has a dehumanising effect on the accused. An inordinate delay caused by circumstances beyond the prisoners’ control mandates the commutation of a death sentence.”