On 6 September, a five-member Bench of the Supreme Court ruled that Section 377 of the Indian Penal Code (IPC), insofar as it applied to consenting adults, violated India’s constitutional morality. The landmark judgement not only affected the lives of millions of LGBTQ+ people, but also reversed an earlier ruling that had criminalized the community only five winters ago. It was on 11 December 2013 when two judges of the apex court had decided that India’s LGBTQ+ community was a “minuscule minority” and reinstated the IPC section (which had been repealed by an earlier Delhi high court ruling in 2009), effectively turning LGBTQ+ people into “criminals”. As Justice Indu Malhotra, one of the five judges who read out four concurrent verdicts on 6 September, said, society owes the LGBTQ+ community an apology for the historical wrongs perpetrated against it. Over the last three months, Lounge reached out to individuals across the community to understand … [Read more...] about Life after Section 377
Landmark judgements of supreme court of india
By Srinivasan Anand G In a recent Landmark Judgement in Justice K.S. Puttaswamy (Retd and another) vs Union of India (dated 26th September 2018), the Supreme Court upheld the Constitutional validity of Aadhaar as not infringing on privacy of the citizens and upheld the constitutional validity of the provisions of Section 139AA of the Income-Tax Act,1961 requiring compulsory linking of Aadhaar Number with PAN. The Court took due judicial notice of the unique nature of Aadhaar that differentiated it from other Identity Proofs such as PAN cards, Passports, ration cards etc and took note of the fact that as issuing of Aadhaar involves collecting biometric data, same person cannot get more than one Aadhaar card as biometric details collected the second time for obtaining the second Aadhaar by the same individual would match with biometric data in Aadhaar database and he can’t be issued a second Aadhaar card. Aadhaar’s role in inclusion and reducing corruption With other identity … [Read more...] about SC verdict on Aadhaar: Will it hamper the fight against black money?
In these last weeks, we have seen the wheels set in motion to overturn the landmark 1973 judgement Roe vs Wade with the US President, Donald Trump, nominating Brett Kavanaugh to the Supreme Court. While this nomination has been hampered by pending sexual assault charges, the fear is very real that it is just a matter of time. Abortion access in the U.S. has become increasingly limited: fewer clinics sometimes just one clinic in states like Mississippi; services available only a few days a week; unnecessary tests including making the girl or the woman see the ultrasound - an attempt to personify the fetus and hence dissuade abortion; parental consent if it involves a minor and a 24-hour waiting period after signing the consent form; and in some cases, even the need to obtain a court order. While attempts to overturn Roe vs Wade will have devastating effects on American women, women all across the world will feel the aftermath. Not only will this affect America's global policy across … [Read more...] about The fight for abortion rights will never end-PART 1
CJI Misra's legacy. DNA Web Team Oct 1, 2018, 06:39 PM IST Do not go gentle into that good night, Old age should burn and rave at close of day; Rage, rage against the dying of the light. Though wise men at their end know dark is right, Because their words had forked no lightning they, Do not go gentle into that good night. Dylan Thomas’ immortal lines could very well have been penned for outgoing CJI Misra who held court for the last time on Monday. A talked-about figure who prompted a ‘spontaneous’ press conference, he presided over benches that delivered a series of key verdicts like the one on Aadhaar and homosexuality during the last 10 days. As he bows out, we look at the landmark judgements he was part of which will set the tone for the Indian democracy in the next few decades. 1. Aadhaar 1/10 The Supreme Court Wednesday dismissed apprehension that the Aadhaar scheme violates citizens' Right to Privacy, saying minimal data was collected in the … [Read more...] about From Aadhaar to Section 377 – 10 judgements of CJI Misra that cemented his legacy
In a landmark judgement, the Supreme Court on Wednesday by a 4:1 majority judgement upheld the legality of Aadhaar for use only in government-funded social benefit schemes and PAN and Income Tax Return (ITR) while junking its requirement for mobile phone connections, bank accounts, school admissions and competitive examinations. A five-judge bench headed by Chief Justice Dipak Misra held that Aadhaar would be voluntary and not mandatory. The majority judgment, which struck and read down or clarified various provisions of the Aadhaar Act, was read out by Justice A.K. Sikri speaking for Chief Justice Misra and Justice AM Khanwilkar and himself. Justice Ashok Bhushan delivered a separate but concurring judgment. Justice Chandrachud's was the lone dissenting voice, who held that passing the Aadhaar law as money bill was unconstitutional and a "fraud on the Constitution" because it was not a money bill. Firstpost spoke to Shankkar Aiyar, a political economy analyst, who … [Read more...] about SC’s Aadhaar verdict curtails mindless expansion of scheme, underscores need for better scrutiny while drafting laws