“Sanitation is a Basic Human Right under Article 21”: Bombay HC orders Adequate Toilets in Mumbai Slums
“Making adequate provisions for toilets / sanitation facilities concerns the basic human rights under Article 21 of the Constitution/”
right to dignity
Continued online circulation of arrest reports after discharge violates Right to Dignity; Delhi High Court upholds interim de-indexing against Media House
While the media enjoys freedom of speech and expression, but such right is not absolute and stands correspondingly delimited by the right of an individual to dignity and reputation.
MeitY introduces SOP mandating 24-Hour Deadline for Takedown of Non-Consensual Intimate Imagery
Read about MeitY’s SOP mandating a 24-hour deadline to remove non-consensual intimate imagery online, empowering victims to reclaim their digital dignity.
Patna High Court stalls circulation of AI generated video of PM Narendra Modi and his late mother
“Any attempt to stigmatize or marginalize an entire class of persons offends the guarantee of equality before law under Article 14 and freedom of expression with reasonable restrictions under Article 19(2).”
Supreme Court issues directives on diverse aspects to ensure improved conditions in Beggars’ Homes across the country; Directs strict compliance
“Beggars’ homes cannot be conceived as quasi-penal facilities. Their role must be restorative, not retributive — places of recovery, skill-building, and reintegration into society”.
‘Article 21 includes right to dignity even after death’: Rajasthan High Court upholds right to dignified burial for all
“It is, thus, high time that the State formulates a uniform policy to deal with the burial/cremation/shamshan/any kind of public place utilised for the purpose of performing post-death rituals.”
‘Compelling DNA test without imminent need violates right to privacy and dignity’: Karnataka High Court quashes order permitting DNA test in partition suit
“The concerned Court has treated the DNA test as a frolicsome act and ordered as a matter of course. Right to privacy and dignity is lost sight of.”
Supreme Court directs Maharashtra Govt to stop inhuman practice of plying hand pulled rickshaws in Matheran within 6 Months
The Court opined that continuing such an inhuman practice even after 78 years of the country getting its freedom and after 75 years of the Constitution being enacted and promising social and economic justice to its citizens, would be betraying the promise given by the people of India to themselves.
Inside Madras HC Ruling on removal of female advocate’s non-consensual intimate photos, videos from internet
“The distribution and transmission of the video reached such an extent that the advocate was subjected to scrutiny about the video and its contents by various individuals including her clients and peers in the same profession.”
‘Breach of privacy and dignity’; Rajasthan High Court directs removal of obscene video from social media; issues notices
The instant writ petition seeks Court direction to prevent the continued circulation of obscene video, involving petitioner 1’s daughter and petitioner 2’s husband on Instagram, without their consent.
SC directs State of Jharkhand to formulate Jail Manual incorporating provisions of Model Prison Manual, 2016
Reiterating the call for prison reforms, the Court said that reforms are necessary for creating a better environment and prison culture to ensure the prisoners enjoy their right to dignified life under Article 21 of the Constitution.
SC issues directions on availability of toilet facilities for males/females/PwD/transpersons in all Court premises
“Courts should not be places, where basic needs, such as sanitation, are overlooked and neglected. The absence of adequate washroom facilities undermines equality and poses a barrier to the fair administration of justice”.
When SC ordered monetary compensation for unnecessary litigation for overtaking senior’s vehicle at railway crossing
The Court pointed out that small excesses like overtaking the vehicle of one’s senior at a railway crossing may be an incident of indiscipline in defense services, but the balance and proportion that needs to be maintained between such an infraction and its punishment will always be at the core of good governance.
[Outraging the modesty of woman] “Words and gestures communicated through e-mails also falls within the ambit of S. 509 of IPC”: Bombay HC
“The legislative intent through Section 509 is to deter an action capable of shocking the sense of decency of a woman. The manner in which the offender shocks such sense of a woman is not restricted to oral abuse or gesture alone, but also include statements, speeches, exclamations, notes, all of which could be in a text form relayed whether physically or electronically.”
“Accused who has been discharged or acquitted honourably has a right to dignity” Karnataka HC directs Registrar to mask party’s name in the Court’s digital records
Mere erasure of the name of the petitioner in the cause title, does not mean that he is entitled to seek such erasure from the police records. “The direction would be only to enable the internet to forget, like the humans forget. If it is allowed to stay on record, the internet will never permit the humans to forget”.
Supreme Court dismisses PIL praying for declaring Manual Scavengers Act unconstitutional; Grants liberty to move to High Court
A PIL on the implementation of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 is pending before the Supreme Court.
“Offends transgender persons’ right to privacy as well as right to dignity”; Telangana High Court declares Telangana Eunuchs Act, 1329 Fasli as unconstitutional
“Constitutional morality impacts upon any law which deprives the LGBT individuals of their entitlement to a full and equal citizenship. LGBT individuals living under threats of conformity grounded in cultural morality have been denied basic human existence. Constitutional morality does not permit such discrimination and must supersede cultural morality.”
Government should either amend S. 377 IPC or bring in a new provision to make Necrophilia and sadism punishable with life imprisonment: Karnataka High Court
Holding that commission of rape on a woman’s dead body would not attract Ss. 375 and 377, Penal Code, 1860, the Court pointed out that its high time for the Central Government to consider amending S. 377 or introduce a specific provision to address necrophilia, sadism.
“Right to choose sex or gender identity integral to a human’s personality”: Rajasthan High Court while directing for recognition of male after gender reassignment surgery
Rajasthan High Court referred to the three types of genders as per Rigveda in Hindu mythology, consideration of the third gender in the modern society, and said that these people are struggling to be a part of the civil society.
Virginity test conducted on a female detainee/accused under investigation/custody whether judicial/police is unconstitutional; Delhi High Court issues directions
To hold that conducting virginity test on a woman who is victim of sexual assault and on a woman who may be an accused of an offence will be on different footing or that the earlier will be unconstitutional and the later constitutional, will be a perverse finding and against the intent of the Constitution of India and Article 21. However, this should not mean to be taken to be a shield for the detainee from legitimate interrogation by police as per the procedure established by law.