Case update

Law and Religion

Sabarimala, Day 5: Gods over individuals?

Advoates Giri and Sai Deepak argued that the deity had rights under Articles 21 and 25(1), and stated that the will of the deity to remain a ‘brahmachari’ needs to be respected.

July 26,2018

Case update

Sabarimala Temple must ‘follow celibacy’

Parasaran cited judgments highlighting the importance of God, before propounding Hindu religion’s ‘tolerance and non-discriminatory’ nature. He then advanced arguments pertaining to the celibate character of the deity of the temple, Lord Ayyapa, claiming that it enjoys constitutional protection.

July 25,2018

Case update

File tax returns without Aadhaar

The Court has also directed CBDT to put forth an ‘opt out’ provision for the mandatory requirement of furnishing Aadhaar registration or linkage.

July 25,2018

Democracy and Rule of Law

MHA letter denounces mob lynching

The letter came in the wake of the recent Supreme Court judgment wherein the Court heavily condemned such “horrendous acts of mobocracy” and issued directions to the State and Central government to undertake preventive, remedial and punitive measures for the same.

July 24,2018

Case update

Sabarimala case: Unconstitutional assumptions

While Justice Nariman invoked constitutional morality, Devaswom Board counsel AM Singhvi said its application to religious cases would open a Pandora’s box. Singhvi also argued that Ayyapa devotees constituted a separate religious denomination within the Hindu religion.

July 24,2018

Democracy and Rule of Law

Right to protest strengthens democracy: SC

The bench of Justices AK Sikri and Ashok Bhushan stressed the importance of ‘direct participation in public affairs where individuals and groups are able to express dissent and grievances, expose the flaws in governance and demand accountability’, especially in the Indian context to aid ‘the assertion of the rights of the marginalised and poorly represented minorities’.

July 24,2018

Case update

Collegium reiterates Justice K M Joseph’s name

The Collegium resolution states that it had ‘carefully considered the observations made by the Law Minister in his letters’ sent to the CJI in April 2018 to reconsider its recommendation for elevation, stating that ‘nothing adverse regarding suitability of KM Joseph was pointed out in the aforementioned letters’.

July 21,2018

Democracy and Rule of Law

Letter to PM Modi: End culture of impunity

The letter expressed fear that the ongoing attempts to subvert the trial and the politically motivated campaigns have created a hostile environment against the victim’s family, her community and her lawyers.

July 21,2018

Case update

Govt not sharing FB reply on Cambridge Analytica

The letter raised questions about whether the data of Indian users was compromised by Cambridge Analytica or any other of its downstream entities, and the manner in which it occurred.

July 20,2018

Health Rights

Earmark beds for the poor: SC

The Bench of Justices Arun Mishra and Uday Umesh Lalit referred to the recommendations made by the Committee headed by Justice AS Qureshi which suggested the reserving beds for the provision of free treatment to the people from the economically weaker sections of the society in the private hospitals that were allotted land on concessional rates in Delhi.

July 19,2018

Law and Religion

‘A form of untouchability in Sabarimala’

Jaising submitted that the ban on women's entry inside the temple is based upon sex alone, and the discrimination is solely based off physiological factors. She further argued that menstruating women being categorised as a different class is unconstitutional as it lacks constitutional morality.

July 18,2018

Case update

Sabarimala: Read Indira Jaising's written submissions

Jaising ​ emphasises​ on harmonious interpretation of constitutional provisions, that is, Articles 14, 15, 25 and 26 of the Constitution and stated that the right to manage the affairs in the matter of religion does not encompass the right to ban entry inside a temple.

July 17,2018

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