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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Plea in Supreme Court Against Newly Amended Criminal Law Bills

Plea in SC Against Newly Amended Criminal Law Bills



A public interest litigation (PIL) has been moved in the Supreme Court against the newly amended criminal law bills: Bharatiya Nyaya Sanhita, 2023, Bharatiya Sakshya Adhiniyam, 2023, and Bharatiya Nagarik Suraksha (Second) Sanhita, 2023. The petitioners, Anjali Patel and Chhaya, represented by advocates Sanjeev Malhotra and Kunwar Siddhartha, seek to challenge the viability and implementation of these laws.


Petitioners' Concerns and Demands


The petitioners have urged the Supreme Court to issue a notice to immediately constitute an expert committee to assess and identify the viability of the three new amended criminal laws. The plea seeks to overhaul the criminal laws of the country and replace the Indian Penal Code 1860, Code of Criminal Procedure, and Indian Evidence Act, 1872. The petition has also sought to stay the operation and implementation of these new laws.


Alleged Defects in the New Bills


According to the plea, the proposed bills suffer from many defects and discrepancies. The petitioners argue that these new bills were withdrawn and reintroduced with some changes, passed by the Parliament on December 21, 2023, and published in the Gazette Notification on December 25, 2023. The petitioners contend that the process of passing these bills was irregular, citing the suspension of many Members of Parliament and the lack of sufficient debate and challenges to the elements of the bills.


The petitioners have pointed out that the Bharatiya Nyaya Sanhita retains most offences from the Indian Penal Code, 1860, while adding community service as a form of punishment. Notably, sedition is no longer an offence, replaced by a new offence for acts endangering the sovereignty, unity, and integrity of India. The new laws also add terrorism and organized crime as offences, with stringent penalties.


Concerns Over Police Custody Provisions


One of the major concerns highlighted by the petitioners is the provision allowing up to 15 days of police custody, which can be authorized in parts during the initial 40 or 60 days of the 60 or 90 days period of judicial custody. The petitioners argue that this may lead to the denial of bail for the entire period if the police have not exhausted the 15 days custody.


Public Interest Litigation (PIL)


Public Interest Litigation (PIL) is a legal mechanism that allows individuals or groups to file petitions in the courts for the protection of public interest. It aims to provide justice to those who are unable to approach the courts themselves due to economic or social constraints. PIL is a powerful tool in India for enforcing the rights of the public and ensuring that the government and public authorities fulfill their duties.


Constitutional Provision for PIL


The concept of PIL is rooted in the Constitution of India, particularly in Article 32 and Article 226. Article 32 provides the right to constitutional remedies, allowing individuals to approach the Supreme Court for the enforcement of fundamental rights. Article 226 empowers the High Courts to issue directions, orders, or writs for the enforcement of fundamental rights and other legal rights. PIL has evolved through judicial activism, with the courts expanding the scope of these articles to include cases where public interest is at stake.


Conclusion


The PIL filed by Anjali Patel and Chhaya against the newly amended criminal law bills raises significant concerns about the process and content of these laws. The Supreme Court's decision on this matter will be crucial in determining the future of these legislative changes and ensuring that the rule of law is upheld in the country.

Location: Pune, Maharashtra, India

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