General Awareness

LAW AND CONSTITUTIONAL AFFAIRS - May 2022

May 2022

Jun 04, 2022

Supreme Court Rejects Pleas against Excavation around Puri Temple

The Supreme Court dismissed petitions against excavations and constructions being carried out by the state government in and around the Lord Jagannath temple in Puri, which according to an official inspection report "has caused irreparable damage to the heritage site", terming them frivolous and not in public interest.
The appellants had contended that the construction was happening in gross violation of Section 20A of The Ancient Monuments and Archaeological Sites and Remains Act (AMASR), 1958, which says that the area up to 100 metres from a protected monument would be prohibited area and construction or excavation is "totally prohibited" there except in exceptional circumstances with the permission of the central government or the ASI director general.

Jun 03, 2022

Orders of Constitutional Courts Would Prevail over Statutory Tribunals: SC

The Supreme Court set aside a National Green Tribunal order prohibiting construction work at Rushikonda hills in Visakhapatnam, saying orders of constitutional courts would prevail over statutory tribunals. A vacation bench of Justices B. R. Gavai and Hima Kohli said it was not appropriate for the NGT to proceed when the HC was seized of the matter. The top court said the NGT is subordinate to the high court in so far as territorial jurisdiction is concerned.
The apex court, however, said though development is necessary for economic development of a nation, its equally necessary to safeguard the environment to preserve pollution free environment for future generations.
The conflicting orders passed by the NGT and the High Court lead to an anomalous situation. The authorities would face difficulty, which orders to follow. In such a case orders from the Constitutional court would prevail over statutory tribunals.

Jun 02, 2022

Pension Arrears can't be Denied on Account of Delay in Moving Court

Terming pension as a continuous cause of action, the Supreme Court ruled that arrears can't be denied on account of delay in moving courts. The Bench set aside an order of the Goa Bench of the Bombay High Court to the extent it had denied arrears of pension to petitioner ML Patil – a Goa Government employee who was wrongly superannuated at the age of 58, instead of 60.
The top court held that the appellant was entitled to pension at the revised rates from the day he turned 60. It ordered that arrears of pension should be paid to the appellant within four weeks.

May 30, 2022

Uttarakhand Government Forms 5 Member Panel to Implement the Uniform Civil Code

The Government of Uttarakhand made a 5-member panel, led by retired Supreme Court judge Justice Ranjana Prakash Desai which shall examine the relevant laws pertaining to the implementation the Uniform Civil Code (UCC). The other members of the committee comprise of retired High Court judge Justice Permod Kohli, the social activist Manu Gaur, the retired IAS officer Shatrughan Singh, and Doon University Vice-Chancellor Surekha Dangwal along with Justice Ranjana Prasad.
The Central government had told the Delhi high court in January 2022 that the Uniform civil code can only be introduced after an in-depth study is done in the personal laws that govern the communities.

Notaries' E-portal Launched for more Transparency

Seeking to usher in more transparency and reduce the use of paper, Law Minister Kiren Rijiju launched a dedicated e-portal for receiving applications online from those applying to become notaries. The portal will lead to a paperless regime by receiving applications online, processing payments, online certificate generation, uploading seal and stamp and annual returns.
This will reduce paperwork and cut the cost on account of postage and other related expenditure. The portal will facilitate maintenance and retrieval of records relating to appointment of notaries. According to the ministry, over 22,000 notaries have been appointed since 1952.

May 29, 2022

'Sex Work Legal', Supreme Court Gives Historic Judgement on Prostitution

In a significant order recognising sex work as a "profession" whose practitioners are entitled to dignity and equal protection under law, the Supreme Court has directed that police should neither interfere nor take criminal action against adult and consenting sex workers.
The Bench ordered that sex workers should not be "arrested or penalised or harassed or victimised" whenever there is a raid on any brothel since voluntary sex work is not illegal and only running the brothel is unlawful.
Also, a child of a sex worker should not be separated from the mother merely on the ground that she is in the sex trade. Further, if a minor is found living in a brothel or with sex workers, it should not be presumed that the child was trafficked.
The court ordered the police to not discriminate against sex workers who lodge a criminal complaint, especially if the offence committed against them is of a sexual nature. Sex workers who are victims of sexual assault should be provided every facility including immediate medico-legal care.

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