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Custodial torture and deaths remain a concern in many legal systems, where the law strives to protect the fundamental rights of every individual, especially during police custody. The recent Supreme Court ruling in the case of Indira Vs. State Human Rights Commission (SLP(C) No. 7800-7802/2024) sheds light on the complex issues surrounding custodial torture, the responsibility of law enforcement, and the protection of individual rights under the Indian Constitution. Case Overview: Custodial Death and Allegations of Torture The case revolved....
Read MoreThe Court directed the Union Government to consider enacting a law to safeguard the rights of domestic workers, who continue to face exploitation and abuse due to the lack of legal protection. This move comes after the Court's observations during a criminal appeal in a case Ajay Mallik v State of Uttarakhand SLP(Crl) 8777/2022the wrongful confinement and trafficking of a female domestic worker. The Need for Protection of Domestic Workers The Supreme Court’s bench, comprising Justice Surya Kant and Justice....
Read MoreThe Supreme Court of India has recently delivered an important judgment in a case JUST RIGHTS FOR CHILDREN ALLIANCE vs. S. HARISH 2024 Live Law (SC) 728 that highlights the limits of claiming "ignorance of law" as a defense, especially when it comes to the possession or storage of child pornography. This ruling serves as a critical reminder that the law is clear, and unawareness of its provisions cannot be used as an excuse to avoid criminal liability. Case Overview:....
Read MoreChief Justice of India (CJI) Sanjiv Khanna highlighted key challenges currently confronting the Supreme Court of India. Addressing these issues during the Ceremonial Bench marking the closure of the Supreme Court's Diamond Jubilee Year, the CJI identified case pendency, high litigation costs, and unethical practices among legal professionals as pressing concerns. His speech provided a deep reflection on the evolution of the Supreme Court, alongside an urgent call to action on these core challenges. Case Pendency: A Barrier to Timely....
Read MoreIn a significant development, the Supreme Court of India has recently proposed the establishment of an online complaint mechanism to facilitate women in lodging complaints related to harassment and other crimes. This suggestion, made by A bench of Justices Surya Kant and N Kotiswar Singh during the hearing of a Public Interest Litigation (PIL) filed by the Supreme Court Women Lawyers Association (SCWLA), underscores the Court’s growing concern about women’s safety and the necessity of physically visiting police stations. Issues Raised....
Read MoreThe recent legal developments surrounding MF Husain's artwork have once again brought the tension between artistic freedom and religious sensitivities to the forefront in India. This case highlights the legal framework governing the protection of artistic expression, the limits of free speech, and the role of religion in regulating art. Background of the Case In December 2023, two of MF Husain's paintings depicting Hindu deities Ganesha and Hanuman with nude female figures were seized by Delhi police following a complaint....
Read More“Handcuffing is prima facie inhuman and, therefore, unreasonable; it should be the last resort, not the first reflex." - Justice Krishna Iyer Handcuffing has long been depicted in popular media as a symbol of arrest, but in legal terms, it has been a subject of scrutiny. Indian law has historically viewed handcuffing as a violation of personal dignity, with the judiciary emphasizing its use only in exceptional cases. Recent changes in the Bhartiya Nagarik Suraksha Sanhita,2023 (BNSS) law, however, grant broader....
Read MoreThe Uniform Civil Code (UCC) remains one of India’s most debated legal issues, seeking to replace the existing personal laws governing marriage, divorce, inheritance, and adoption with a single, secular law applicable to all citizens, irrespective of religion. The demand for a UCC stems from the desire to foster equality, gender justice, and national integration, but its implementation presents significant legal, social, and cultural challenges. What is the Uniform Civil Code? A Uniform Civil Code is envisioned as a set....
Read MoreThe Allahabad High Court, recently expressed concerns about the growing popularity of live-in relationships among the youth, particularly due to the lack of social sanction. It observed that while these relationships have no formal acceptance in society, they are increasingly being favored by young people who seek the freedom to avoid long-term commitments. The Court emphasized that it is crucial to create a framework to preserve moral values in society while addressing the evolving nature of relationships. Court’s Remarks on....
Read MoreThe Karnataka High Court made a landmark ruling, rejecting a wife’s plea to transfer her divorce case to a more convenient court. The decision highlighted the importance of gender-neutral justice, emphasizing fairness and the need to balance both parties' rights and convenience, without bias towards either gender. The Case in Brief The wife sought to move her divorce case from Narasimharajapura to Hosanagara Taluk, citing the 130-kilometer distance as a logistical hardship. The husband opposed this, arguing that he was....
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