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Violation of Article 19(1)(a); Coercive Application of IT Rules against intermediaries
<p>On 14th August 2021, the Madras High Court, in its interim order said that coercive application of IT Rules against intermediaries is an infringement of Article 19 (1)(a) of the Indian Constitution. The bench included Chief Justice Sanjib Banerjee and Justice PD Audikesavalu and the question before the Court was about the constitutional validity of Rule 3 and Rule 7 of the IT Rules Act. … <a href="https://sclhrblogs.wordpress.com/2021/09/23/violation-of-article-191a
Maitreyee Dubey & Yashaswani Parashar
Sep 23, 20212 min read
Grave Human Rights Triggered as Detained Veteran Kashmiri Leaders Dies
<p>In 2019, the special status of Jammu and Kashmir was revocated by striking down Article 370. Even after this move, the clashes between the Kashmiris and security forces did not come to a standstill. The people of Kashmir believe that their human rights are grossly violated due to the Government’s oppressive administration. Informal curfews are imposed, and the death count increases. This has led to … <a href="https://sclhrblogs.wordpress.com/2021/09/14/grave-h
Naman Kapoor & Urvashi Trivedi
Sep 14, 20212 min read
Virtual court hearing: Fundamental Right or not?
<p>The notice was issued to the reverend Bar Council of India and High Courts of the four states i.e. Uttrakhand, Bombay, Madhya Pradesh and Kerala for pursuing the declaration that the virtual court hearing is the Fundamental Right because it has been a remarkable example of enhanced access to Right to Justice. The apex court bench comprising of Justices L Nageswara Rao and BR Gavai … <a href="https://sclhrblogs.wordpress.com/2021/09/09/virtual-court-hearing-fundament
Manmeet Kaur & Baani Chhibber
Sep 9, 20211 min read
Recent announcement by the Election Commission to conduct bypolls in West Bengal and Orissa.
<p>The Election Commission on 4th of September held that the much-awaited bypolls in one assembly constituency of Odisha and three of West Bengal will take place on 30th September. This announcement has given an edge to shri Mamta Banerjee who was stuck in a legal limbo post 2021 West Bengal elections, when despite TMC staggering a whopping 213 seats out of 294, Mamta Banerjee lost … <a href="https://sclhrblogs.wordpress.com/2021/09/07/recent-announcement-by-the-electi
Prajjwal Tyagi & Vaibhav Sharma
Sep 7, 20212 min read
Stricter compliance of law in the context of Manual Scavenging is need of an hour; suggests Kerala High Court.
<p>Article 21 has been incorporated as inherent and absolute provision in the context of Manual Scavenging. One of the most prominent rights which has been highlighted by the apex court is Article 21 as it guarantees and protects every citizen from deprivation of life or personal liberty and it ensures a life with dignity which needs to be free from exploitation. Recently, a division bench … <a href="https://sclhrblogs.wordpress.com/2021/08/31/stricter-compliance-of-la
Shruti Poddar & Garima Somani
Aug 31, 20212 min read
Supreme Court Quashes Externment Order Against Journalist
<p>Supreme Court in a recent judgment has pronounced a person’s Fundamental Right to reside and to move about freely anywhere in India as a right that cannot be refused on “flimsy grounds”. An externment order was passed under Section 56(1)(a)(b) of the Maharashtra Police Act, 1951 that instructed the journalist named Rahmat Khan to not enter or return to the city of Amravati for a … <a href="https://sclhrblogs.wordpress.com/2021/08/29/supreme-court-quashes-externment-
Vanshika Gupta & Aditi Sharma
Aug 29, 20211 min read
9 new Judges appointed to the Supreme Court, Consisting of 3 women Judges
<p>The Chief Justice of India and the Judges of the Supreme Court are appointed by the President under clause (2) of Article 124 of the Constitution. Two years before in the month of September (2019), the appointments of judges to the Supreme Court had taken place. Currently, the Supreme Court of India is working with 24 judges out of a permissible strength of 34. The … <a href="https://sclhrblogs.wordpress.com/2021/08/27/9-new-judges-appointed-to-the-supreme-court-con
Jahnvi Pandey & Tanishq Juneja
Aug 27, 20211 min read
Right to privacy of a public figure not sacrificial: Bombay High Court in Shilpa Shetty defamation case hearing
<p>Actor Shilpa Shetty approached Bombay High Court against the media houses allegedly for posting defamatory content against her. She made the defendants jointly and severally liable for the damages caused due to derogatory and defamatory publications. However, the court ordered to scrutinize the degree of defamatory stature by the defendants respectively. The court observed that an interim injunction to gag the media cannot be passed … <a href="https://sclhrblogs.wor
Yashashwani Parashar
Aug 2, 20211 min read
Welfare Scheme should cover all children orphaned during Covid-19: Supreme Court
<p>On Tuesday, 27th July 2021, the Supreme Court bench comprising of Justices L Nageswara Rao and Aniruddha Bose observed that Prime Minister’s Citizen Assistance and Relief in Emergency Situations Fund [PM CARES Fund], used for the welfare schemes for the orphans should include all children who were orphaned by the impact of Covid 19 (until they attain the age of 23), irrespective of the fact … <a href="https://sclhrblogs.wordpress.com/2021/07/28/welfare-scheme-
Maitreyee Dubey & Shubhangi Gupta
Jul 28, 20212 min read
Health Ministry guidelines to prevent the further spread of covid would take precedence over the individual interest: Gujarat High Court
<p>Gujarat High Court has dismissed the plea of Parsees to conduct the last rites as per the customary practice also known as Dokhmenashini. The petitioners sought the indulgence of the Court for declaring the impugned Covid-19 Guidelines on Dead Body Management, issued by the Ministry of Health and Family Welfare, Government of India As observed in the recent past, Honourable Supreme Court took Suo Moto … <a href="https://sclhrblogs.wordpress.com/2021/07/26/health-min
Kaushal & Reet Kaur
Jul 26, 20212 min read
The essence of the electoral system should be to ensure freedom of voters to exercise their free choice: Supreme Court
The Supreme Court in the case of Lakshman Singh v. State of Bihar observed that freedom of voting is a part of the freedom of expression and secrecy of casting vote is necessary for strengthening democracy. In the present case, the accused was convicted for the offences under Section 323 and 147 of IPC for allegedly forming an unlawful assembly with a common object-“to snatch
Mehak Bansal & Neha Patel
Jul 24, 20212 min read
Supreme Court issues notice on Manipur Activist's plea for compensation for illegal detention under NSA
The Supreme Court issued a notice in response to a prayer in a petition filed by the father of Manipur-based political activist Leichobam Erendro seeking compensation for his illegal detention under the National Security Act (NSA) after a Facebook post stating that cow dung or cow urine will not cure COVID. In the present petition it was contended that this was not a case of
Sunny Verdani & Anushka Agarwal
Jul 23, 20211 min read
Cavalier and callous attitude of the political parties will not be tolerated, and the court's direction has to be followed: Supreme Court
Recently, the Supreme Court dealt with a contempt petition filed by advocate Brajesh Singh, where he claimed to be aggrieved as the Court’s directions that were passed on February 13, 2020 were not complied with, in the Bihar Legislative Assembly Election, 2020. The Court said that the cavalier and callous attitude of the political parties will not be tolerated and its orders have to be
Tanya Bajaj & Pratyaksha
Jul 21, 20211 min read
Supreme Court strikes down part of Constitution introduced by 97th Constitutional Amendment on co-operatives
The Supreme Court in the recent case upheld the 2013 judgment of the Gujarat High Court in which the Court had struck down the provisions of Constitutional (97th Amendment) Act 2011 to the extent it introduced Part IX B in the Constitution to deal with co-operative societies. It has been held that this required ratification by half of the state legislatures under Article 368(2) of
Ishita Singh & Manmeet Kaur
Jul 21, 20212 min read
Role of the Supreme Court is to uphold human rights, not undermine them: UN experts
The Supreme Court while dealing with a plea concerning the demolition of 10,000 houses in the case of Sarina Sarkar and Others v. State of Haryana and Others, directed for the removal of all encroachments on the forest land of Aravalli within 6 weeks. Pursuant to this order, on 14th July 2021, the demolition began, rendering 100,000 people, including 20,000 children, homeless in the midst of
Prajjwal Tyagi & Biyanka Bhatia
Jul 19, 20212 min read
Transpersons have the right to live anywhere in the country as per their will: Bombay High Court
How are you assisting them? Have they committed an offence? Do treat them as criminals. A question that arose in a case with concerns of Transpersons having the right to live anywhere in the country. In the case of Sangeetha M. v. State of Maharashtra, the bench of Justice SS Shinde and NJ Jamadar directed the Mumbai Police to provide protection to the transperson
Jahnvi Pandey & Shruti Poddar
Jul 18, 20212 min read
Religious sentiments subservient to fundamental right to health: Supreme Court
The Supreme Court on Friday stated that State of Uttar Pradesh cannot go ahead with hundred percent Kanwar Yatra. The right to health of citizens of the country is of paramount importance and all other sentiments including religious sentiments are subservient to the same. The observations were made by a Bench of Justices Rohinton Nariman and BR Gavai in a suo motu case relating to
Ayushi Khandelwal & Urvashi Trivedi
Jul 17, 20212 min read
Is Sedition law still needed after 75 years of Independence? Supreme Court ask while hearing a plea challenging Sedition Law
While hearing the case of SG Vombatkere vs. Union of India, which challenges the Sedition Law under Section 124A of Indian Penal Code; the Supreme Court of India questioned the Central Government as to whether the said law is still needed after the 75 years of Independence of India. The plea is filed on the grounds that it violates the fundamental right of Freedom of
Vanshika Gupta & Sanjana Dayal
Jul 16, 20212 min read
Police Force needs to be sensitize the constitutional and statutory rights of the detenue/accused: Supreme Court
Recently, the Supreme Court while awarding Rs. 5,00,000 as compensation to a truck driver illegally detained by the Patna Police observed that “Loss of liberty of a person of humble means is not at a lower pedestal compared to that of an affluent person with more resources”. The Court stated that the guidelines of arrest and detention laid down in DK Basu v. State of
Yashaswani Parashar
Jul 12, 20211 min read
Legislative Assemblies have wide inquisitorial powers: Supreme Court
In the recent case of Ajit Mohan & Others vs Legislative Assembly, National Capital Territory of Delhi and others, the Supreme Court ruled that a Legislative Assembly have to confine itself to the core function of legislation which could not be accepted as it would lead to an unreasonable restriction on the elected body role. Ajit Mohan, Facebook India Managing Director, filed a plea against
Nishtha Singh & Alankrita Katiyar
Jul 11, 20212 min read
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