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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...

Supreme Court Puts Order on Hold: Balwant Singh Rajoana's Mercy Plea to be Heard on November 25   In a significant turn of events, the Supreme Court of India put on hold its earlier directive requiring the President of India to decide on the mercy petition of Balwant Singh Rajoana, a death-row prisoner convicted for the 1995 assassination of Punjab Chief Minister Beant Singh. The court, responding to the Centre's request, will now hear the matter on November 25, 2024. Background: The Case of Balwant Singh Rajoana Balwant Singh Rajoana, a member of the Babbar Khalsa militant group, was sentenced to death for his role in the 1995 assassination of Beant Singh , who was killed in a bomb explosion in Chandigarh. Rajoana has been in prison for nearly 29 years , much of this time on death row.   The assassination was a high-profile incident, reflecting the volatile political environment in Punjab during the 1990s. Beant Singh was targeted for his efforts to combat militancy...

Supreme Court Calls for Clarity on Menstrual Hygiene Policy Implementation in Schools The Supreme Court has voiced concerns regarding the ground realities of menstrual hygiene in Indian schools , urging the Centre to address discrepancies and inefficiencies before implementing a comprehensive policy. The plea highlights the dire need for menstrual hygiene management (MHM)  for girls aged 11 to 18, particularly from disadvantaged backgrounds.   Judicial Directive: Address Ground Realities A bench comprising Justices JB Pardiwala and Pankaj Mithal directed Additional Solicitor General (ASG) Aishwarya Bhati to clarify issues raised by the petitioner and provide a response by December 3. The Court emphasized the importance of a data-driven approach , urging the government to assess the ground situation accurately.   Policy Overview and Gaps    The Union Government has formulated the National Policy on Menstrual Hygiene for School-Going Girls , which outlin...

Delhi High Court Grants Bail to Former Bank Manager  Accused of Defrauding Woman of ₹13 Crores  The Delhi High Court has granted bail to Varun Vashista , a former bank manager accused of embezzling over ₹13 crores from a customer’s account while working at ICICI Bank's Vikas Puri branch. The bail was approved by Justice Amit Mahajan on November 12, 2024, after considering the evidence and facts of the case.   Details of the Case The allegations against Vashista stem from his role as a branch manager. The complainant and her husband had entrusted him with managing their investments, amounting to ₹13.5 crores, between 2019 and 2023.   The complainant discovered in January 2024 that nearly ₹12 crores had been **siphoned off** from her account. Key allegations include:   - Creation of Fake Fixed Deposits: The accused reportedly created fraudulent fixed deposit accounts in the complainant’s name.   - Misappropriation of Funds: Funds were tr...

Supreme Court Urges Comprehensive Rehabilitation Framework for Sex Trafficking Victims  Expressing Deep Concern Over Human and Sex Trafficking The Supreme Court of India has voiced grave concerns over the pervasive issue of human and sex trafficking, calling for urgent legislative action to establish a comprehensive rehabilitation framework for victims. A bench comprising Justices JB Pardiwala and Pankaj Mithal emphasized the sensitivity and importance of the matter, noting its implications on the fundamental rights to life, freedom, and personal security, particularly for vulnerable groups such as women and children.   Human Trafficking: A Crime Against Humanity The court highlighted that human and sex trafficking dehumanize victims, leaving them vulnerable to severe physical and mental abuse. Victims are often subjected to:   - Physical and Mental Violence: Including life-threatening injuries and sexually transmitted diseases.   - Mental Health Issu...

Delhi’s Truck Drivers Voice Concerns Over Livelihood as  GRAP-III Restrictions Begin Amidst Rising Pollution Levels Truck Drivers Face Uncertain Future with GRAP-III As the Commission for Air Quality Management (CAQM) enforces Stage III of the Graded Response Action Plan (GRAP) in Delhi and the NCR, truck drivers are raising significant concerns over the impact of these new measures on their livelihoods. With restrictions on BS-III petrol and BS-IV diesel vehicles, drivers fear an uncertain future, where loan repayments and daily expenses may become difficult to manage.  One truck driver voiced his apprehension, stating, “If our vehicles aren’t allowed into Delhi, how will we cover our expenses? We have EMIs to pay; where will the money come from?” Another driver acknowledged the importance of pollution control efforts but noted the hardships faced by those in the transportation sector. GRAP-III Measures: An Urgent Response to Severe Pollution Levels The enforcement of GRAP-II...

Supreme Court Reinforces Due Process: Curbing “Bulldozer Justice” with Strict Guidelines Background In a significant judgment, the Supreme Court of India has set out guidelines to curb arbitrary demolitions, commonly referred to as "bulldozer justice." This term has emerged from instances where properties of individuals accused of crimes have been demolished without following due legal process. The ruling responds to several petitions highlighting the destruction of residential and commercial properties without prior notice, which, according to petitioners, targets marginalized and minority communities. Key Principles Addressed The Supreme Court’s decision rests on critical constitutional principles, particularly the rule of law, separation of powers, and protection of individual rights . The Court emphasized that no person should be punished without due process and that arbitrary action by the executive undermines citizens’ trust in the justice system. Justice Gavai, in del...

Delhi Court Grants Bail to Chinese National in Vivo India  Money Laundering Case In a significant development in the Vivo India money laundering case, Delhi’s Patiala House Court on November 11 granted regular bail to Guangwen alias Andrew , a Chinese national and administrative manager at Vivo India, who was previously detained under charges of money laundering related to alleged proceeds of crime worth ₹20,000 crores . Guangwen had been in judicial custody since October 2023 and was released on bail under specific terms and conditions. Court’s Decision and Reasoning for Bail Additional Sessions Judge (ASJ) Kiran Gupta presided over the bail application, assessing the overall circumstances, including the period of custody, prior conduct, and existing evidence against Andrew. The court emphasized that although Andrew was employed at Vivo India, no substantial personal financial gain was reported in his accounts, apart from his legitimate salary. In granting bail, the court noted t...

Supreme Court on Pollution and Health: "No Religion Encourages Activities that Harm Public Health" In a recent hearing addressing rising pollution levels in Delhi, particularly following Diwali celebrations, the Supreme Court of India underscored that the right to live in a pollution-free environment  is a fundamental right enshrined under Article 21  of the Indian Constitution. Highlighting that no religious doctrine advocates for activities that compromise public health, the Court questioned the lack of effective enforcement of the firecracker ban in the capital. Supreme Court’s Emphasis on Public Health Over Festive Pollution A bench led by Justices Abhay S. Oka and Augustine George Masih reiterated that every citizen has a fundamental right to health and a clean environment, which cannot be compromised by pollution-causing festivities. “No religion encourages any activity that creates pollution or harms health,” remarked the bench, stressing that pollution affects every...

Justice Sanjiv Khanna Sworn in as the 51st Chief Justice of India: Key Milestones and Achievements In a significant ceremony held at Rashtrapati Bhavan on November 11, 2024, Justice Sanjiv Khanna was sworn in as the 51st Chief Justice of India (CJI) by President Droupadi Murmu. A legal stalwart with a career spanning over three decades, Justice Khanna has contributed to the judiciary with remarkable judgments and decisions on critical issues. Here’s an in-depth look at his career and the ceremony that marked his elevation to the top judicial post. The Swearing-In Ceremony at Rashtrapati Bhavan The oath-taking ceremony at Rashtrapati Bhavan was attended by several prominent figures, including Vice President Jagdeep Dhankhar, Prime Minister Narendra Modi, Defence Minister Rajnath Singh, Law Minister Arjun Ram Meghwal, and other Union Cabinet ministers. The gathering of key dignitaries, retired judges, and former Chief Justices underscored the event’s importance and the profound respect f...

Supreme Court Declares Unilateral Appointment of Arbitrators in Public-Private Contracts Unconstitutional The Supreme Court has delivered a landmark ruling declaring that the unilateral appointment of arbitrators in public-private contracts violates Article 14 of the Indian Constitution . This decision fundamentally redefines how arbitrators are appointed in such contracts, emphasizing fairness and impartiality throughout arbitration processes. Key Findings of the Judgment The judgment, delivered by a Constitution Bench led by Chief Justice DY Chandrachud , along with Justices Hrishikesh Roy, PS Narasimha, Pankaj Mithal, and Manoj Misra, addressed critical questions on the principles of equality and independence in arbitration. While the Bench was united in its views on the unconstitutionality of unilateral appointments, the judges penned separate opinions to address specific facets of the case. The Issue of Unilateral Arbitrator Appointments Chief Justice Chandrachud, writing the majo...

Supreme Court Overrules 1967 Verdict on Aligarh Muslim  University’s Minority Status: Revisiting Constitutional Rights and Institutional Autonomy In a landmark decision, the Supreme Court of India has overruled the 1967 S Azeez Basha vs Union of India case, which held that the Aligarh Muslim University (AMU) could not be considered a minority institution due to its status as a Central university. This recent decision marks a significant shift in understanding the minority character of institutions established by a religious community, even if they are later funded and managed by the government. Here is an in-depth look at the verdict and its potential implications for minority institutions across India. Background of the Case The status of Aligarh Muslim University as a minority institution has been a contentious issue for decades. Established in 1920 through the AMU Act, the university has a rich history associated with India's Muslim community. However, in 1967, the Supreme C...

Supreme Court’s Stance on Fair and Transparent Recruitment  in Public Services The Supreme Court of India  has issued a definitive judgment emphasizing that the recruitment process in public services must be conducted transparently, fairly, and without discrimination. In the landmark ruling, a five-judge bench, led by Chief Justice of India DY Chandrachud , along with Justices Hrishikesh Roy, PS Narasimha, Pankaj Mithal, and Manoj Misra, clarified that recruitment standards, or the “rules of the game,” cannot be modified midway through the process unless permitted by relevant rules or advertisements. The judgment also upheld that eligibility and selection criteria set at the beginning of recruitment must remain consistent unless legal provisions specify otherwise. Transparent Recruitment Process The bench asserted that recruiting bodies  must adhere strictly to established rules throughout the recruitment process. The verdict stressed: > “The recruiting bodies, subjec...

Supreme Court Upholds MHADA Act: Balancing Private Property and Public Welfare under Directive Principles  The Supreme Court of India has rendered a comprehensive judgment on a significant constitutional case concerning the validity of the Maharashtra Housing and Area Development Act (MHADA Act) under the constitutional protections provided by Articles 31-C and 39(b). This case addresses the legitimacy of the MHADA Act's Chapter VIII-A, which enables the acquisition and transfer of certain dilapidated properties in Mumbai to cooperative societies for repair and reconstruction. Background and Genesis of the Case The issue originates from Mumbai's housing challenges, where pre-1940 buildings face severe dilapidation risks, exacerbated by the city's climate and monsoon seasons. This led to the enactment of the MHADA Act in 1976, establishing a cess to fund repairs. However, these measures proved insufficient due to the magnitude of the problem, prompting an amendment in 1986 t...

Supreme Court Upholds Validity of UP Madrasa Act, Declares Fazil and Kamil Higher Education Unconstitutional The Supreme Court of India recently upheld the constitutional validity of the Uttar Pradesh Board of Madrasa Education Act, 2004 . The decision comes as a response to an appeal challenging the Allahabad High Court’s March 22 ruling , which had declared the UP Madrasa Act unconstitutional, citing a conflict with secularism principles. However, the Supreme Court partially modified the ruling, finding that while the Act itself is valid, the Fazil and Kamil higher education degrees offered by Madrasas are unconstitutional due to a conflict with the UGC Act . Supreme Court Verdict: Key Points on the Madrasa Act A bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra  stated that while the UP Madrasa Act remains valid, it cannot regulate higher education in Fazil and Kamil degrees, as these fall under the University Grants Commissi...