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Showing posts with the label Human Rights Law

Supreme Court to Examine Scope of Citizenship Law for India-Born Children of Foreign Nationals

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Background of the Case The Supreme Court of India has agreed to examine a significant question concerning the interpretation of India’s citizenship law: whether children born in India to foreign nationals can be granted citizenship through a liberal interpretation of statutory provisions , particularly where denial would result in statelessness. The issue arose from a petition filed by Rachita Francis Xavier , an 18-year-old woman born and raised in Andhra Pradesh , whose parents were United States citizens at the time of her birth but were Overseas Citizens of India (OCI) cardholders residing lawfully in India. A Bench comprising Justice JB Pardiwala and Justice KV Viswanathan issued notice to the Union Government on January 8 , and the matter is listed for further hearing on January 30 . Factual Matrix Rachita Francis Xavier was born in 2006 in Andhra Pradesh. Her parents were originally Indian citizens but later acquired US citizenship —her father in 2001 and her mother in 2005...

Speeding Up Bail for the Poor: Union Home Ministry Issues Revised Guidelines After Supreme Court Directions

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Background of the Support to Poor Prisoners Scheme (2023) The Ministry of Home Affairs (MHA) launched the Support to Poor Prisoners Scheme in 2023 to assist undertrial prisoners who were granted bail by courts but continued to remain in jail due to inability to furnish bail bonds or financial sureties . Under the scheme: Financial assistance is provided to States/UTs Funds may be used only in cases where bail has already been granted Assistance covers bail amount or surety shortfall However, a Supreme Court order dated 8 October 2025 directed: Review of the scheme framework Assessment of ground-level implementation Strengthening monitoring and release procedures The recent MHA advisory and revised guidelines have been issued in compliance with that order . Supreme Court Trigger for the Policy Revision The Supreme Court had expressed concern that: Thousands of undertrials remain in jail Despite bail orders by courts Only because they cannot afford bail amounts The Court treated this a...

Allahabad High Court Acquits Man After 24 Years in Jail: Conviction Based Solely on Section 313 CrPC Admission Held Unconstitutional

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Case Background and Procedural History The Allahabad High Court has set aside the conviction of Azad Khan, who had spent nearly 24 years in prison following a life sentence awarded in 2002 in connection with a dacoity case. The trial court had convicted him under Section 395 (dacoity) and Section 397 (robbery or dacoity with attempt to cause death or grievous hurt) of the Indian Penal Code, solely on the basis of his admission recorded during his statement under Section 313 of the Code of Criminal Procedure (CrPC). The conviction arose from allegations that in the year 2000, the appellant, along with 10–15 unidentified miscreants, allegedly entered the complainant’s residence, assaulted family members, looted valuables, and opened fire, injuring three persons. Conviction Based Solely on Section 313 CrPC Admission — Judicial Scrutiny The Division Bench comprising Justice JJ Munir and Justice Sanjiv Kumar observed that the trial court had erroneously premised the conviction exclusively o...

UK Supreme Court Rules ‘Woman’ Refers to Biological Sex Under Equality Act 2010

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Landmark Ruling Clarifies Definition of “Woman” Under Equality Law In a significant legal decision, the United Kingdom's Supreme Court has ruled that the term “woman,” within the context of the Equality Act 2010, refers exclusively to biological females—those assigned female at birth. The unanimous judgment, delivered by the court on Wednesday, has clarified that legal protections under the Equality Act are grounded in biological sex and not gender identity . Background of the Case The case was initiated in Scotland in 2018 by a group of campaigners who contended that certain rights and protections granted under the Equality Act should be restricted to biological women. They challenged the Scottish government’s position that trans women who hold a Gender Recognition Certificate (GRC) are legally women and therefore entitled to the same rights under the law. The case reached the UK’s highest court after several legal stages, finally prompting a comprehensive interpretation of...