Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces

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Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces The Supreme Court of India has suggested that the Union Government develop a comprehensive policy addressing the construction of feeding rooms and childcare facilities  in public places. This move aims to ensure that nursing mothers and their children can access basic amenities in a dignified and private manner, reinforcing their fundamental rights under the Indian Constitution. SC Encourages Policy Formulation A bench comprising Justice BV Nagarathna  and Justice N Kotiswar Singh  highlighted the absence of a structured framework to address this pressing issue. The court advised the Centre to propose a policy that could then be implemented across the states, scheduling the next hearing for December 10, 2024.   The apex court emphasized that before issuing formal directions, it was crucial to understand the Centre’s perspective on implementing the petitioner’s demand for childcare and feedi...
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Supreme Court Upholds Fundamental Rights in Politicians' Bail Conditions Case

Supreme Court Upholds Fundamental Rights in Politicians' Bail Conditions Case




Introduction:

In a recent legal development, the Supreme Court of India made a significant ruling regarding bail conditions imposed on politicians, sparking discussions on the delicate balance between legal requirements and fundamental rights. The apex court asserted that imposing restrictions on politicians' participation in political activities as a condition for bail would violate their fundamental rights.


Legal Ruling by the Supreme Court:

The Supreme Court, in a judgment delivered on March 22, overturned a bail condition set by the Orissa High Court, which prohibited a politician from engaging in political activities. Justices BR Gavai and Sandeep Mehta deemed such restrictions as an infringement upon the appellant's fundamental rights and subsequently quashed the imposed condition.


Case Background:

The case centered around Siba Shankar Das, a prominent leader of the Bharatiya Janata Party (BJP) and former mayor of Berhampur. Das faced criminal charges following his switch from the Biju Janata Dal (BJD) to the BJP. The Orissa High Court, in its bail order on August 11, 2022, imposed a condition barring Das from engaging in any political activities, directly or indirectly. However, Das contested this condition, arguing that it violated his fundamental rights.


Emphasis on Fundamental Rights:

The Supreme Court's ruling underscored the importance of upholding fundamental rights, even in cases involving serious criminal allegations. The judgment highlighted the need for a delicate balance between legal requirements and constitutional freedoms, particularly concerning politicians' rights to participate in political activities.


Judicial Assertion:

While acknowledging the severity of the criminal cases against Das, the Supreme Court asserted that restricting his political activities would be unjustified. The ruling emphasized the principle that individuals, including politicians, should not face undue limitations on their fundamental rights without compelling justification.


Reaffirmation of Constitutional Provisions:

The case served as a reminder of the constitutional provisions safeguarding fundamental rights, including the right to engage in political activities. It reinforced the judiciary's role in upholding these rights and ensuring that legal proceedings adhere to constitutional principles.


Conclusion:

The Supreme Court's decision reaffirmed the fundamental rights enshrined in the Indian Constitution, particularly concerning political participation. It underscored the judiciary's commitment to upholding these rights in the criminal justice system, setting a precedent for the protection of fundamental freedoms in legal proceedings involving politicians.

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