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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 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 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 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 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  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 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 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...

Delhi High Court: Video Recording of Bail Proceedings Mandatory Under SC/ST Act, Even in Sexual Offence Cases In a landmark ruling, the Delhi High Court held that video recording of bail proceedings under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is mandatory, even in cases involving sexual offences. The ruling was issued by Justice Vikas Mahajan while hearing the bail application of Laxmi Narayan, the accused in a highly sensitive Delhi minor rape and murder case. The case involved provisions from the Indian Penal Code (IPC), the Protection of Children from Sexual Offences (POCSO) Act, and the SC/ST Act. Section 15A(10) of the SC/ST (Prevention of Atrocities) Act, 1989 The primary focus of the judgment was on Section 15A(10) of the SC/ST Act, which mandates that all proceedings under the Act, including bail hearings, must be video recorded. This provision is in place to protect the rights of victims, especially those belonging to marginalized commu...

SC Reiterates Bail as the Rule, Jail as the Exception The Supreme Court of India has once again underscored the principle that bail should be the rule, and jail the exception. This reiteration came in a recent ruling where the apex court granted bail to an accused, Prem Prakash, in a money laundering case. The court emphasized the importance of not using statements given by an accused under custody as admissible evidence, especially when such statements are made under duress or coercion.  Inadmissibility of Statements Under PMLA Custody The Supreme Court bench comprising Justices B.R. Gavai and K.V. Viswanathan ruled that any statement made by an accused under Section 50 of the Prevention of Money Laundering Act (PMLA) while in custody is inadmissible. The court stressed that an accused in custody cannot be considered to be acting with a free mind, and any statement made under such circumstances could be unsafe and unjust to be used against them. This ruling came in the context of ...

Ray of Hope for Trapped Indians in Russia: PM Modi's  Visit Brings Relief Following Prime Minister Narendra Modi's recent visit to Russia, the father of an Indian youth trapped in the Russian army, Balwinder Singh, expressed hope for the release of stranded Indians in war-hit Russia. His son, Gagandeep Singh, is one of many Indians caught in the conflict. Modi-Putin Meeting: Assurance of Early Discharge During his meeting with Russian President Vladimir Putin, Prime Minister Modi took a strong stance on the recruitment of Indian nationals into the Russian army. The Russian government has assured an "early discharge" of these Indians from army service, according to Foreign Secretary Vinay Mohan Kwatra. Voices from the Ground: A Father's Hope In a conversation with ANI, Balwinder Singh shared his relief after learning about Modi's visit. "I have come across several media reports and got to know that Prime Minister Narendra Modi visited Russia. Even my son t...

39 Killed, Over 360 Injured in Anti-Tax Protests in Kenya : Rights Watchdog At least 39 people have lost their lives and over 360 have been injured in recent anti-government protests in Kenya against the new tax hike, according to the Kenya National Commission on Human Rights (KNCHR), as reported by Al Jazeera. The protests have escalated into a significant crisis for President William Ruto's government. Protest Background The demonstrations began in response to a series of unpopular tax increases that have now been withdrawn. The KNCHR's latest figures indicate that 39 people have died and 361 have been injured during the protests, covering the period from June 18 to July 1. Additionally, there have been 32 cases of "enforced or involuntary disappearances" and 627 arrests of protesters. Escalation of Violence Initially peaceful, the protests turned violent last Tuesday when lawmakers passed the contentious tax legislation. Following the vote, crowds ransacked the par...

Tragic Fire in Kuwait Claims Lives of 45 Indians;  Bodies Arrive in Kochi Incident Overview A devastating fire broke out in a labor accommodation in Kuwait's Mangaf on June 12, resulting in the tragic death of 45 Indian nationals. The victims included 23 from Kerala, seven from Tamil Nadu, three from Andhra Pradesh, and one each from Bihar, Odisha, Karnataka, Maharashtra, Uttar Pradesh, Jharkhand, Haryana, Punjab, and West Bengal. This incident is considered one of the most significant disasters affecting the Indian diaspora in Kuwait. Response and Relief Efforts The bodies of the deceased were transported back to India via a special aircraft of the Indian Air Force, which landed at Cochin International Airport in Kerala. The Kerala government, in collaboration with the central government, ensured a respectful and organized repatriation process. Kerala Minister P Rajeev stated that special ambulances and police pilots were arranged to facilitate the transportation of the bodies to ...

Supreme Court Issues Notice to Centre on Marital Rape Exception Challenge in New Criminal Law The Supreme Court of India on Friday issued a notice to the Centre regarding a plea challenging the retention of the marital rape exception in the new criminal law, Bharatiya Nyay Sanhita. This significant move came as a bench headed by Chief Justice of India DY Chandrachud decided to tag the matter with an existing petition challenging the same provision under the Indian Penal Code (IPC), scheduling further hearings for July. Petition by All India Democratic Women's Association The plea challenging the marital rape exception was filed by the All India Democratic Women's Association (AIDWA), with Senior Advocate Karuna Nundy representing the petitioner. The AIDWA's petition is part of a broader movement seeking the removal of legal protections that currently exempt husbands from rape charges within marriage. Background of the Issue Several petitions have previously been filed in th...

Investigation into Alleged Assault on Swati Maliwal: Delhi Police May Visit CM's House to Record Statements The Delhi Police may visit the Chief Minister's residence on Friday to record statements from the policemen and staff present during the alleged assault on Aam Aadmi Party (AAP) MP Swati Maliwal, according to sources. FIR Filed and Section 164 Statements An FIR was filed at the Civil Lines police station on Thursday regarding the alleged assault on Swati Maliwal, AAP's Rajya Sabha MP. Maliwal has accused Bibhav Kumar, the personal secretary to Chief Minister Arvind Kejriwal, of physically assaulting her. The police plan to record Maliwal's statement before a magistrate under Section 164 of the Criminal Procedure Code. This section allows a magistrate to record statements or confessions during a police investigation before a trial. Details of the Alleged Incident Maliwal made a PCR call from the Chief Minister's house at 9:34 PM on May 13, reporting the assault...