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Showing posts with the label Human Rights

Bombay High Court Denies Bail to Serial Child Rapist: Reinforcing the Paramount Duty of Protecting Children

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Introduction In a significant ruling safeguarding the rights and safety of minors, the Bombay High Court rejected the bail plea of a 28-year-old man from Kharghar , accused of repeatedly sexually assaulting his 11-year-old niece . The judgment underscores the judiciary’s unwavering stance that protection of society and potential victims , especially children, must outweigh the personal liberty of habitual offenders under such serious charges. The bench of Justice Amit Borkar observed that granting bail to the accused would not only “send a wrong message to society” but also endanger the victim’s safety and compromise the integrity of the ongoing trial. Case Background The accused, a married man, was arrested by Panvel City Police for raping his 11-year-old niece , making this his fourth case of child sexual abuse. According to the prosecution, the accused exploited the young girl over several years, beginning when she was just 8 years old . The child’s father was incarcerate...

J&K CM Omar Abdullah Considers Joining Statehood Plea in Supreme Court: Legal, Constitutional, and Political Implications

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The ongoing debate over Jammu & Kashmir’s restoration of statehood has taken a significant turn as Chief Minister Omar Abdullah announced that he is exploring the possibility of becoming a party to the petitions pending before the Supreme Court . The top court is currently hearing multiple pleas seeking the reinstatement of Jammu and Kashmir’s statehood, which was revoked on August 5, 2019 , following the abrogation of Article 370 and the bifurcation of the state into two Union Territories (J&K and Ladakh) . Supreme Court Proceedings on Statehood Restoration On October 10, 2025 , the Supreme Court of India granted the Centre four weeks to file its response in the ongoing hearings related to the restoration of Jammu and Kashmir’s statehood. The petitions argue that the prolonged Union Territory status undermines federalism , representative democracy , and constitutional autonomy once guaranteed under Article 370 and Article 35A of the Constitution. Chief Minister Oma...

Supreme Court Questions Colonial-Era Execution Method: Hanging vs. Lethal Injection Debate

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The Supreme Court of India has reignited the debate around capital punishment methods, questioning whether the colonial-era practice of death by hanging should continue to be India’s sole means of execution. On October 9, 2025 , a bench comprising Justice Vikram Nath and Justice Sandeep Mehta suggested that the Union Government should consider giving death row convicts the option to choose between hanging and lethal injection , observing that “methods of execution across the world have undergone significant change” since India codified hanging into law. The Case and the Challenge The issue arises from a petition filed by advocate Rishi Malhotra , challenging the constitutional validity of Section 354(5) of the Code of Criminal Procedure (CrPC) , which mandated that a person sentenced to death “shall be hanged by the neck till he is dead.” This provision has now been replaced by Section 393(5) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 , but the method of hangin...

Reclaim the Night Again: Civil Society Calls for Justice After Durgapur Rape Case

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As outrage over the alleged gangrape of a 23-year-old medical student in Durgapur spreads, civil society groups across West Bengal have announced renewed protests demanding justice and accountability. The “Reclaim the Night Again” campaign — spearheaded by Abhaya Manch , a collective that emerged after the RG Kar Medical College rape-murder case — is set to hold a massive protest on October 14 at 8 PM near Jadavpur 8B Bus Stand in Kolkata. The group’s Women-Trans-Queer United wing has mobilised support from hundreds of participants, including students, writers, and activists, asserting that women and marginalized communities must reclaim public spaces and challenge the culture of silence and impunity surrounding gender-based violence. Voices of Protest and Resistance Activist and writer Satabdi Das , spokesperson for Abhaya Manch, stated that the protest is a continuation of their earlier movement following the RG Kar tragedy in August. “We took to the streets then demanding j...

Supreme Court Reaffirms: Every Arrestee Must Be Informed of Grounds of Arrest — Vihaan Kumar v. State of Haryana

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Introduction: Strengthening the Shield of Liberty In a landmark judgment delivered in Vihaan Kumar v. State of Haryana (2025 INSC 162), the Supreme Court of India reaffirmed one of the most vital constitutional guarantees — the right of every person to be informed of the grounds of arrest . Authored by Justice Abhay S. Oka and Justice Nongmeikapam Kotiswar Singh, the judgment reinforces Article 22(1) of the Constitution and clarifies the procedural obligations of law enforcement agencies during arrest. Case Background The petitioner, Vihaan Kumar , challenged his arrest by the Haryana Police, alleging that he was not informed of the reasons for his detention. He argued that such omission violated his fundamental right under Article 22(1) of the Constitution and Section 50 of the Code of Criminal Procedure (CrPC) , which together safeguard a person’s liberty during the process of arrest. The respondent State maintained that the arrest was legally conducted and that the petitio...

Nithari Killings: Families Lose Faith as Supreme Court Hints at Acquittal of Surendra Koli

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Nearly two decades after one of India’s most horrifying crime sprees shocked the nation, the families of the Nithari victims have once again been gripped by despair. As the Supreme Court reserved its verdict in the last pending case against Surendra Koli , one of the two main accused, its remarks suggesting that upholding his conviction would be a “travesty of justice” have reignited old wounds in Noida’s Nithari village . Families React: ‘We Have Lost All Hope’ For the families who lost their children in the 2006 Nithari killings , the recent court developments have reopened painful memories. A 63-year-old father , whose 10-year-old daughter’s remains were recovered from the now-infamous D-5 bungalow in Sector 31 , said: “My daughter went missing while returning from school. Since then, I fought for justice, selling everything I had. But now, we have lost all faith. Only God can punish the killers of my child.” His wife added that she had foreseen the collapse of the case wh...

Supreme Court Orders ₹25 Lakh Compensation for Over-Incarceration in Madhya Pradesh

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Compensation for Prolonged Detention The Supreme Court of India has ordered the state of Madhya Pradesh to pay ₹25 lakh compensation to a man who remained in prison for over four years and seven months beyond his lawful sentence . The ruling was delivered by a bench comprising Justice JB Pardiwala and Justice KV Viswanathan .

Balwant Singh Rajoana's Mercy Plea: A Case of Delayed Decision on Death Sentence

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Balwant Singh Rajoana's Mercy Plea: A Case of Delayed Decision on Death Sentence Introduction: The Supreme Court's Latest Directive The Supreme Court of India has directed the Central Government to decide on the mercy petition of Balwant Singh Rajoana , a death-row prisoner convicted for the assassination of former Punjab Chief Minister Beant Singh in 1995. The court has set March 18 as the deadline, warning that if no decision is taken, it will proceed to hear the matter on merits. The Assassination of Beant Singh The case stems from the August 31, 1995 , assassination of Beant Singh, orchestrated via a bomb explosion in Chandigarh. Balwant Singh Rajoana, a sympathizer of the Babbar Khalsa militant group , was convicted and sentenced to death in 2007 by a Chandigarh court. The conviction was upheld by the Punjab and Haryana High Court in 2010. Notably, Rajoana never filed an appeal against the High Court’s decision. Mercy Petition: Grounds and Delay Balwant Singh...

Justice for Victims: Strengthening Legal Frameworks Under New Laws

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Justice for Victims: Strengthening Legal Frameworks Under New Laws Introduction The Bharatiya Nyaya Sanhita, 2023 (BNS), Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and Bharatiya Sakshya Adhiniyam, 2023 (BSA) mark a transformative shift in India’s criminal justice system. These legislations emphasize not just punitive measures but also robust victim compensation mechanisms. The recent RG Kar Medical College case highlights the urgent need for a structured and dignified compensation framework that supports victims’ families without reducing the act to a mere favor. RG Kar Case: A Turning Point In this landmark case, a young doctor was brutally raped and murdered while on duty. The court, under Sections 64 (rape) , 66 (punishment for causing death) , and 103(1) (murder) of the BNS, found the accused guilty and awarded: ₹10 lakh compensation for the victim’s death. ₹7 lakh compensation for the heinous crime of rape. Judge Das emphasized that since the crime occurred at t...

Comprehensive Analysis: POCSO Act, Its Genesis, and Constitutional Provisions

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Comprehensive Analysis: POCSO Act, Its Genesis, and Constitutional Provisions What is the POCSO Act? The Protection of Children from Sexual Offences Act, 2012 (POCSO Act) is a landmark legislation enacted by the Indian Parliament to address sexual exploitation and abuse of children. This Act aims to provide a robust legal framework to safeguard children against offenses like sexual assault, sexual harassment, and pornography, ensuring speedy trial and stringent punishment for offenders. Why Was the POCSO Act Introduced? Rising Cases of Child Sexual Abuse : Child sexual abuse was a growing concern in India, with statistics revealing alarming numbers of unreported and unpunished cases. There was no specific law targeting these crimes comprehensively before 2012. Inadequate Existing Legal Framework : Existing laws under the Indian Penal Code (IPC) were not sufficient to address the unique nature of child sexual abuse cases. Many offenses, including non-penetrative acts and h...

SC Dismisses Review Pleas on Same-Sex Marriage Recognition

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SC Dismisses Review Pleas on Same-Sex Marriage Recognition In a significant legal development, the Supreme Court of India on Thursday rejected a batch of review petitions challenging its October 2023 judgment, which had denied recognition to same-sex marriages. A five-judge Constitution Bench, comprising Justices BR Gavai, Surya Kant, BV Nagarathna, PS Narasimha, and Dipankar Datta, concluded there was no apparent error in the earlier verdict. Supreme Court’s Statement on Review Petitions The bench stated: “We do not find any error apparent on the face of the record. The view expressed in both the judgments is in accordance with law, and as such, no interference is warranted.” The review petitions were considered in chambers , rather than in open court, as is customary for such proceedings. The 2023 Verdict on Same-Sex Marriage On October 17, 2023 , the Supreme Court ruled that: 1️⃣ There is no unqualified right to marriage under Indian law. 2️⃣ Same-sex couples cannot cla...

Justice V Ramasubramanian Assumes Charge as Chairperson of National Human Rights Commission

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Justice V Ramasubramanian Assumes  Charge as Chairperson of  National Human Rights Commission The esteemed former Judge of the Supreme Court of India, Justice V Ramasubramanian , assumed charge as the new Chairperson of the National Human Rights Commission (NHRC) on December 25, 2024. Alongside him, Justice (Dr.) Vidyut Ranjan Sarangi joined as a Member of the NHRC. Their appointments were confirmed by the President of India, Droupadi Murmu , on December 21, 2024. Inaugural Address: Upholding India’s Human Rights Legacy In his first address as Chairperson, Justice Ramasubramanian highlighted India’s ancient tradition of human rights , citing the Tamil poet Thiruvalluvar , who espoused the principles of justice, equality, and human dignity long before these concepts gained global recognition. He emphasized the need for collaborative efforts among stakeholders to promote and protect human rights effectively. A Distinguished Legal Career: Justice V Ramasubramanian Early L...

Supreme Court Urges Comprehensive Rehabilitation Framework for Sex Trafficking Victims

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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...

The Curious Case of a Missing Man Found Alive: Supreme Court to Examine Police Custody Mystery

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The Curious Case of a Missing Man Found Alive: Supreme Court to Examine Police Custody Mystery In a case that reads more like the plot of a Bollywood thriller , the Supreme Court is currently examining a curious incident where a man presumed dead for 14 years  after allegedly escaping police custody was found alive . The case, dating back to 2005 , has raised questions about police misconduct, wrongful detainment, and an alleged conspiracy involving the Punjab Police . Background of the Case: The Disappearance and "Death" The saga began in August 2005 , when Hardeep Singh was arrested by Punjab Police under the Narcotic Drugs and Psychotropic Substances Act (NDPS) from Ludhiana. The very next day, the police claimed that Hardeep Singh had escaped from custody . A First Information Report (FIR) was registered under Section 224 of the IPC  against him, which deals with the escape of a person from lawful custody. His father, Naginder Singh , filed a habeas corpus petition , i...

Plea Filed in Supreme Court for Restoration of Jammu and Kashmir’s Statehood

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Plea Filed in Supreme Court for Restoration of  Jammu and Kashmir’s Statehood A fresh plea has been filed in the Supreme Court  of India, urging the Court to issue directions for the immediate restoration of statehood to Jammu and Kashmir . The application, filed by Zahoor Ahmed Bhat (a college teacher) and activist Khurshaid Ahmad Malik , calls for a time-bound restoration of Jammu and Kashmir’s statehood, stating that the delay is causing significant harm to both the federal structure of the country and the fundamental rights of its citizens. Background and Key Points of the Plea Union Government’s Assurance The plea argues that despite assurances given by the Solicitor General of India that Jammu and Kashmir’s statehood would be restored, there has been no progress over the last ten months  since the Supreme Court’s decision on the abrogation of Article 370 . The petitioners have filed this application seeking a two-month timeframe  for the restoration of sta...