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Seeking regular supply of drinking water: Fundamental Right Bombay HC
The Bombay High Court, while dealing with a petition filed by the residents of Zambe village in Thane district, emphasised that access to drinking water is a Fundamental Right. The Division Bench while giving its verdict in Shobha Vikas Bhai & Ors. vs. State of Maharashtra & Ors., stated that it is unfortunate to see that even after 75 years of independence, the petitioners have … <a href="https://sclhrblogs.wordpress.com/2021/09/12/seeking-regular-supply-of-dr
Bianka Bhatia & Vidhi Galaiya
Sep 12, 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


Cow should be declared as a national animal and Cow Protection should be made Fundamental Right: Allahabad High Court
In a recent case of Javed v State of Uttar Pradesh, Justice Shekhar Kumar Yadav of the Allahabad High Court advised the Central government to declare Cow as a national animal since Cow is a part and parcel of the culture of India. Consuming Cow beef can’t be considered to be a Fundamental Right of any person. Only if cow is Revered, Country will Prosper. … <a href="https://sclhrblogs.wordpress.com/2021/09/04/cow-should-be-declared-as-a-national-animal-and-cow-protectio
Alankrita Katiyar & Rashmi Vaish
Sep 4, 20212 min read


Supreme Court's Decision on Principle Of Equal Pay For Equal Work: Cannot Be Applied Merely On Basis Of Designation
In a recent judgement of Union of India v. Manoj Kumar LL 2021 SC 409, the Supreme Court of India highlighted that the principle of equal pay for equal work could not be applied merely based upon the designation.The Court had to examine the Private Secretaries’ claims employed in the Eastern Central Railways in the concerned matter. The parity in pay with their counterparts working … <a href="https://sclhrblogs.wordpress.com/2021/09/02/supreme-courts-decision-on-
Pratyaksha & Prakhar Dubey
Sep 2, 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
20th Panel Discussion: Interpretative Constitutionalism:Efficacy of Preamble and it’s Legitimacy in a Democratic State
<p>Interpretative Constitutionalism focuses on, to what extent the reading or interpreting the Constitution along with the preamble is aligned producing the intended results and it’s legitimacy. The preamble of India has 73 words altogether outlining the specific ideals acting as a guiding light for the democratic state of our country. The preamble has two characteristics that can divided into i.e., declaratory, and revolutionary. The committee … <a href="https:/

Team SCLHR
Aug 24, 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


Legislative Privileges and Immunities not Gateways to Claim Exemption from Criminal Law: Supreme Court
The Supreme Court refused to withdraw criminal prosecution against six LDF members in case of State of Kerala vs K Ajith and Ors, SLP (Crl) No. 4009/2021; V. Sivankutty and others vs The State of Kerala, SLP(Crl) No.4481/2021). The state of Kerala and the accused raised an argument against the prosecution not being sustainable against the members for acts committed which are protected by legislative … <a href="https://sclhrblogs.wordpress.com/2021/07/30/legislative-pri
Nishtha Singh and Alankrita Katiyar
Jul 30, 20212 min read


When Saviour Becomes the Abuser- Uttarakhand HC Orders CBI Probe in Custodial Death Case
Uttarakhand High Court reviewed a petition of transfer of enquiry for FIR no. – 261 of 2021 of Haldwani police to CBI. A report had been lodged on 03-03-2021 under Section 323, 504, 345 of IPC and under section 9 and 10 of POCSO Act against the husband of the petitioner and he was arrested on the same date. The district court judge sent him … <a href="https://sclhrblogs.wordpress.com/2021/07/29/when-saviour-becomes-the-abuser-uttarakhand-high-court-orders-cbi-probe-in-
Deepesh Gulgulia
Jul 29, 20212 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


Deprivation of Salary Violates Workers' Rights under Article 21, 23 and 300-A of the Constitution: Uttarakhand High Court
Recently Uttarakhand High Court in the case of Uttarakhand Roadways ‘Karamchari Union vs State of Uttarakhand’, has reminded the State Government and the State Transport Corporation that depriving the workers of the corporation of their salaries is a violation of their rights under Article 21, 23, and 300- A of the Constitution of India. The issue was raised when Uttarakhand State Transport Corporation didn’t disburse … <a href="https://sclhrblogs.wordpress.com/2021/07
Utsav Vats & Krishna Singh
Jul 25, 20211 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
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