General Awareness

LAW AND CONSTITUTIONAL AFFAIRS - June 2022

Jun 2022

Sep 30, 2022

All Women Entitled to Safe, Legal Abortion, Says Supreme Court

The Supreme Court extended the right to safe and legal abortion to all women, irrespective of their marital status, up to 24 weeks of pregnancy under the Medical Termination of Pregnancy (MTP) Act.
The milestone judgment also for the first time recognised marital rape, strictly under the purview of the MTP Act. It said that marital rape has to be classified within the meaning of "rape" in order to save women from forceful pregnancy.
Delivering its judgment, the bench of Justices D. Y. Chandrachud, A. S. Bopanna and J. B. Pardiwala said that the right to reproductive choice for women is a facet of the right to personal liberty under Article 21 of the Constitution. This means that the right of safe reproductive healthcare is applicable to all women.

Sep 28, 2022

SC Collegium Proposes Bombay HC Chief Justice's Elevation to Top Court

The Supreme Court Collegium recommended the elevation of Bombay High Court Chief Justice Dipankar Dutta as judge of the apex court.
At present, the apex court is functioning with 29 judges as against the sanctioned strength of 34 judges. Justice Datta was appointed as the Chief Justice of the Bombay High Court in April 2020.
Justice Dutta practised primarily in the apex court and High Court in constitutional and civil matters before being elevated as a permanent judge of the Calcutta High Court in June 2006.

Sep 27, 2022

Rajiv Gandhi Assassination Case: Supreme Court Issues Notice to Centre, Tamil Nadu Govt. on Nalin...

The Supreme Court asked the Centre and the Tamil Nadu government to respond on a plea filed by Nalini Sriharan for a premature release from her life term in the assassination case of former PM Rajiv Gandhi.
A bench comprising of Justice B. R. Gavai and Justice B. V. Nagarathana issued notices to the Centre and the Tamil Nadu government seeking their replies on the plea.
The Apex Court also issued notices on the plea filed by R. P. Ravichandran, who too is a convict in the case.
The order by the Madras High Court which rejected her plea for early release was challenged by her.
Nalini had cited before the Apex court the judgement ordering the release of co-convict A. G. Perarivalan.
The High Court while rejecting their pleas said that High Courts under Article 226 do not have any power to do so, unlike the Supreme Court which enjoys the special power under Article 142.
The Top Court under Article 142 had invoked its extraordinary power and ordered the release of Perarivalan, who had served over 30 years in jail.
Under article 142, the top Court may issue any verdict or order necessary to provide complete justice.

Remove All Business Activities within 500 metres of Taj Mahal

The Supreme Court ordered the immediate stopping of all commercial activities within a 500-metre radius of the iconic Taj Mahal and told the Agra Development Authority to ensure compliance of its directive.
The bench took on record the submissions of senior advocate ADN Rao, who is assisting the court as an amicus curiae that it would be in the interest of the protected monument to issue directions for barring all commercial activities near the Taj Mahal. Rao pointed out that the top court issued a similar order in May 2000 but it is only appropriate to reiterate the direction in view of the long passage of time.
The order came on an application by a group of shop owners, who have been allotted space outside the 500-meter radius. Representing the applicant, advocate MC Dhingra complained of gross violation of the previous court order near the western gate of the monument as illegal business activities thrived. Dhingra urged the bench to issue appropriate orders to stop the activities and make the authorities liable for compliance.

Sep 26, 2022

SC Judge Indira Banerjee Retires with Hope of more Women Judges in Top Court

Justice Indira Banerjee, the fifth senior-most judge of the Supreme Court, retired with the hope that more women would be appointed as judges in the top court in future.
Justice Banerjee demitted office after serving for over four years.
Justice Banerjee recounted her journey in the Supreme Court which started 35 years ago, when she first came to the apex court as a junior from Calcutta High Court. She said it seemed just like the other day when she was sharing the bench with Justice (since retired) Dipak Misra on August 7, 2018.
With her retirement, there are three women judges in the Supreme Court. The retirement of justice Banerjee brought down the number of serving judges in the top court to 29 against the sanctioned strength of 34 including the CJI.

Sep 24, 2022

People with Criminal Antecedents cannot be Permitted to Work in BARC: Bombay High Court

The Bombay High Court said that the Bhabha Atomic Research Centre (BARC) is a place where sensitive work takes place and a person with criminal antecedents cannot be permitted to be apt of it.
The Court dismissed a petition filed by an applicant whose job application was rejected at BARC since he did not disclose a criminal case pending against him.
A division bench of Justices Sanjay Gangapurwala and Justice R. N. Laddha said that honesty and integrity are main requirements for a government job.
The Court in its order said that BARC is the nation's premier research centre which is engaged in advanced research and development activities of nuclear science.
The bench was hearing plea filed by Swapnil Parab, who had applied for the post of Hospital Work Assistant at BARC in 2016, but had not mentioned about a criminal case pending against him since 2012.

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