Tag: Latest Court Verdicts

Govt – Welfare oriented Govt schemes, their utility Mera Gaon Meri Dharohar Project The Union Government has decided to map and document all villages under Mera Gaon, Meri Dharohar (MGMD) Programme. National Mission on Cultural Mapping is conducted in coordination with Indira Gandhi National Centre for the Arts (IGNCA) under the Ministry of Culture. Telangana unveils 2 welfare schemes Chief Minister of Telangana, A. Revanth Reddy launched the Maha Lakshmi Scheme and Rajiv Aarogyasri Scheme. Maha Lakshmi Scheme - Free of cost travel on Telangana State Road Transport Corporation (TSRTC) buses for women and transgender persons. Rajiv Aarogyasri Scheme – Health Insurance up to ₹10 lakh in a year would be provided to families living below poverty line. Latest Court Verdicts Low rate of disposal of POCSO cases According to a new research paper by the India Child Protection Fund (ICPF) it has been estimated that each of the over 1,000 such courts in India are currently clearing just 28 cases on average every year. over 2.43 lakh POCSO cases are pending trial in Fast Track Special Courts (FTSCs) as of January 31, 2023. The FTSCs were set up in 2019, specifically for trying cases related to sexual offences, those under the Protection of Children from Sexual Offences (POCSO) Act.

Latest Court Verdicts Governors cannot sit on Bills passed by House: SC The Supreme Court laid down that a Governor cannot sit on key Bills passed by a State Legislature by casting doubts on the validity of the Assembly session in which the proposed laws were passed. The court also observed that  Real power vests with the elected representatives of the people in a parliamentary form of democracy. The Governor is an appointee of the President and is a titular head of the State.  

Latest Court Verdicts Supreme Court in Supriyo vs Union of India judgment verdict Constitution Bench of the Supreme Court held that only the legislature can recognise or regulate same sex marriage. Key highlights Recognition to Right to Marry: The court observed that marriage is a statutory right not a fundamental right guaranteed by Constitution and hence its recognition is a subject matter for Parliament and state legislatures and not of Court. Thus, court declined to strike down or tweak provisions of Special Marriage Act, 1954 and other allied laws to include same sex members within their ambit. Adoption rights: Court upheld the Regulation 5(3) of the CARA which precludes unmarried couples from adoption in the "best interest of the child". Since 'Same sex couples’ marriage is not recognised they are also precluded from adoption. Previous judgments of SC for LGBTQIA NALSA (2014): Recognition of transgenders as third gender. K.S. Puttaswamy (2017): Recognition of the right to sexual orientation as an aspect of privacy. Navtej Johar (2018): Decriminalisation of same-sex relationships. (Related to IPC Section 377)    

Latest Court Verdicts Supreme Court (SC) upholds rights of an Unborn child The SC had turned down the plea of a pregnant woman seeking termination of her 27-week-old pregnancy as the foetus was viable as per the medical board reports and poses no threat to the life of the women. The ruling upheld the provisions of the Medical Termination of Pregnancy (Amendment) Act (MTPA), 2021 as there are no provisions for the termination of a viable foetus after 24 weeks. Key Provisions of MTPA 2021 Duration of Pregnancy Procedure for Termination Up to 20 weeks - Available to all women on the advice of one doctor 20-24 Weeks - The right to seek abortion is determined by two registered medical practitioners under certain categories which include survivors of sexual assault or rape; minors, women with disabilities; or change in marital status during pregnancy etc. Beyond 24 weeks - Available only on the grounds of foetal abnormalities based on the advice of a medical board. Note All state/ UTs are mandated to constitute a Medical Board consisting of gynaecologists, paediatrician, etc.

Latest Court Verdicts Right to Silence Supreme Court said that all accused have a right to silence and investigators cannot force them to speak up or admit guilt. Right to silence emanates from Article 20(3), which states that no one can be compelled to be a witness against himself. Protection limited only to criminal proceedings. Right is not available to a person who is being interrogated under Customs Act, 1962, or Foreign Exchange Management Act, 1999, since person is not "accused of an offence" and isn't entitled to a lawyer. In Nandini Satpathy v. P.L. Dani case, SC stated that compelling a person to answer a question within limits of the police station may result in violation of Article 20(3). Public Awareness & General Administration Help road accident victims, get cash reward: TN CM Stalin Tamil Nadu Chief Minister MK Stalin announced a new scheme, cash rewards and certificates for people who will help provide medical care facilities for road accident victims in the state. People who help those involved in a road accident and take them to a medical care facility within the golden hour period will be rewarded with a certificate of appreciation and a Rs.5,000 cash reward. Note The Union Ministry of Road Transport and Highways said that it has created a system for 'Good Samaritans’ under which people who save the lives of road accident victims by transporting them to a hospital within the 'golden hour' after the accident will receive a financial reward of Rs 5,000. The Ministry of Road Transport and Highways (MoRTH) announced in a letter to all state and union territory principals and transport secretaries that the programme will be in force from October 15, 2021, to March 31, 2026.

Latest Court Verdicts Supreme Court modifies order on buffer zones in protected areas The Supreme Court, modified its judgment to have mandatory eco sensitive zones (ESZ) of a minimum one kilometre around protected forests, national parks and wildlife sanctuaries across the country. the court made it clear that “mining within the national park and wildlife sanctuary and within an area of one kilometre from the boundary of such national park and wildlife sanctuary shall not be permissible”.

Defence Two-day Shinyuu Maitri bilateral exercise with the Japan Air Self-Defence Force (JASDF). The exercise is being organised on the sidelines of the Indo-Japan Joint Army Exercise, Dharma Guardian. Latest Court verdicts A Constitution Bench of the Supreme Court directed in a landmark judgment that the Chief Election Commissioner (CEC) and Election commissioners will be appointed by the President on the advice of a the Prime Minister, Leader of the Opposition (LoP) in the Lok Sabha or the leader of the single largest party in Opposition and the Chief Justice of India (CJI.)   The high-powered committee would continue to advise the President on the appointment until Parliament enacts a law on the appointment process of Election Commissioners. CECs and Election Commissioners have so far been appointed by the President on the advice of the Prime Minister. The procedural safeguards in place for effecting the removal of a CEC should be extended to the Election Commissioners under the first proviso to Article 324(5) of the Constitution. A CEC, like Supreme Court judges, can be removed from office only by way of impeachment.

Latest Court Verdicts SC majority ruling finds no flaw in 2016 demonetisation process A majority of four judges on a Constitution Bench of the Supreme Court found no flaw in the Union government’s process to demonetise ₹500 and ₹1,000 banknotes through a Gazette notification issued on November 8, 2016. The sole woman judge on the five member Bench, Justice B.V. Nagarathna, gave the dissent verdict stating that the government’s notification issued under Section 26(2) of the Reserve Bank of India (RBI) Act was unlawful.

Latest Court Verdicts Kerala HC offers interim relief to Vice-Chancellors The Kerala High Court restrained Governor Aric Mohammed Khan, in his capacity as Chancellor of universities, from passing final orders on the show-cause notices he issued to Vice-Chancellors of eight universities. The Court restrained the Governor until the court takes a call on the writ petitions filed by the latter seeking to quash the notices. Mr.Khan had issued the notices to the Vice-Chancellors citing violation of University Grants Commission (UGC) norms in their appointment. Note : Article 153 of the Constitution of India states that there shall be a Governor for each State. Role of Governors in State Universities: In most cases, the Governor of the state is the ex-officio chancellor of the universities in that state. While as Governor he functions with the aid and advice of the Council of Ministers, as Chancellor he acts independently of the Council of Ministers and takes his own decisions on all University matters. Case of Central Universities: Under the Central Universities Act, 2009, and other statutes, the President of India shall be the Visitor of a central university. With their role limited to presiding over convocations, Chancellors in central universities are titular heads, who are appointed by the President in his capacity as Visitor.

Chief Justice of India SA Bobde formed a panel of two Supreme Court judges to speed up clearing sexual assault cases, reported Bar and Bench. The judicial committee of Justices Subhash Reddyand MR Shah will monitor, supervise and make suggestions for expeditious trial in cases relating to rape and POCSO across the country. The judicial committee of Justices Subhash Reddy and MR Shahwill ‘monitor, supervise and make suggestions’ for speedy trials.