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Showing posts with the label Supreme Court of India

Right to Menstrual Hygiene Is a Fundamental Right Under Article 21: Supreme Court’s Landmark Ruling Explained

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Background of the Case The Supreme Court of India, in a significant rights-based judgment, has categorically held that the right to menstrual hygiene forms an intrinsic part of the right to life and dignity under Article 21 of the Constitution . The ruling was delivered by a Bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan while deciding a writ petition seeking directions to the Union of India and States to ensure free sanitary pads and separate toilets for girl students (Classes 6 to 12) in government-aided schools. The Court expanded the scope of constitutional guarantees by linking menstrual health, dignity, equality, privacy, and access to education into a single enforceable rights framework. Core Constitutional Questions Before the Court The Bench framed and conclusively answered the following constitutional questions: Whether the absence of gender-segregated toilets violates Article 14 (Right to Equality) Whether denial of access to menstrual hygiene products v...

Supreme Court Flags Alleged Conversion for Reservation as “New Type of Fraud”

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Background of the Case In January 2026, the Supreme Court of India strongly criticised an attempt by two upper-caste candidates from Haryana to claim minority reservation benefits for medical admissions after allegedly converting to Buddhism. The case arose from a petition filed by Nikhil Kumar Punia , a resident of Hisar, who sought admission to a postgraduate medical course under the Buddhist minority quota in Subharti Medical College, Uttar Pradesh , a recognised minority educational institution. The petition was heard by a Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi . The Court dismissed the plea at the threshold, terming it a “new type of fraud” , while simultaneously seeking an explanation from the Chief Secretary of Haryana on the procedure adopted for issuing minority certificates. Core Legal Issue Before the Supreme Court The central legal question before the Court was: Can an upper-caste, general-category candidate claim minority reservati...

“Justice Delayed Is Justice Destroyed”: CJI Surya Kant Reasserts the Constitutional Role of High Courts

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Introduction Chief Justice of India Justice Surya Kant has delivered a powerful reminder of the constitutional promise of timely justice, warning that delay does not merely deny justice but destroys it altogether . Speaking at the Fali Nariman Memorial Lecture , organised by the Bombay Bar Association , the Chief Justice underscored the pivotal role of High Courts under Article 226 in ensuring meaningful access to justice for ordinary citizens. His remarks come at a time when mounting judicial arrears, procedural complexity, and geographical barriers continue to undermine the lived experience of constitutional rights. Context of the Address: The Fali Nariman Memorial Lecture The lecture, titled “The Sentinel on Qui Vive: Article 226 as the Guardian of Access to Justice” , was delivered in Mumbai and focused on the constitutional architecture that places High Courts as the first and most effective protectors of individual liberty. Justice Surya Kant’s address was both reflective and r...

Tinder Suitcase Murder and Marriage on Parole: Legal, Constitutional, and Penal Dimensions of the Priya Seth Case

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 Introduction The recent grant of parole to Priya Seth , a life-term convict in the infamous Jaipur “Tinder suitcase murder” case , to solemnise her marriage has reignited a nationwide debate on criminal justice, victims’ rights, prison reforms, and the limits of parole jurisprudence. The case presents a disturbing intersection of digital-era crime , heinous murder , and constitutional protections afforded even to convicted prisoners . This article examines the incident through the lens of relevant statutes, constitutional provisions, and judicial precedents , while situating the controversy within India’s evolving prison and parole framework. Factual Background of the Crime In early 2018, Dushyant Sharma , a 27-year-old aspiring businessman, matched with Priya Seth on the dating application Tinder. Their online interactions spanned weeks, fostering trust and emotional familiarity. Unbeknownst to Sharma, Priya was cohabiting with Dikshant Kamra , burdened by debts exceeding ₹21 la...

Digital Arrest Fraud: Supreme Court Flags Alarming Vulnerability of Educated Senior Citizens

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Introduction The Supreme Court of India has expressed serious concern over the alarming rise of so-called “digital arrest” frauds, particularly highlighting how even highly educated and experienced senior citizens are falling prey to sophisticated cyber scams. The court’s observations came while issuing notice on a petition filed by a 78-year-old former banker who lost more than ₹23 crore after being impersonated and coerced by fraudsters posing as law enforcement officials. The case underscores systemic vulnerabilities in banking safeguards, cybercrime response mechanisms, and public awareness, prompting the apex court to intensify its scrutiny of institutional accountability. Background of the Case The observations arose from a petition filed by Naresh Malhotra , a 78-year-old former banker, who was allegedly defrauded in September last year in what is being described as the largest reported “digital arrest” fraud in India so far , involving losses exceeding ₹23 crore. Malhotra claim...

Supreme Court Pulls Up Telangana Speaker Over Delay in Defection Cases

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Introduction The Supreme Court of India has once again intervened to reinforce constitutional discipline under the anti-defection law, sharply criticising the Telangana Legislative Assembly Speaker for prolonged delay in deciding disqualification petitions against rebel Bharat Rashtra Samiti (BRS) MLAs . Granting a final two-week deadline , the Court warned that continued inaction would undermine the authority of constitutional institutions and the rule of law. Background of the Dispute The case arises from petitions filed by senior BRS leaders, including K T Rama Rao (KTR) , challenging the Speaker’s inaction on disqualification pleas against 10 BRS MLAs who allegedly defected to the ruling Congress party after the 2023 Telangana Assembly elections. Out of these: Seven disqualification petitions have already been rejected by the Speaker Three petitions remain pending, triggering the present round of litigation The delay directly violates a July 31, 2025 Supreme Court judgment , w...

True Equality at the Workplace Requires Disability Rights as Core CSR: Supreme Court

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Background of the Case In a landmark judgment reinforcing disability inclusion in public employment, the Supreme Court of India directed Coal India Limited (CIL) , a public sector undertaking, to create a supernumerary post and appoint a woman with 57% disability as a Management Trainee . The ruling arose from a recruitment process initiated by Coal India in 2019 , under which the petitioner applied for the post of Management Trainee in the visually handicapped category . Despite being shortlisted , called for document verification , and subjected to a medical examination , she was later declared medically unfit on the ground that she suffered from an additional neurological condition . Proceedings Before the Calcutta High Court Aggrieved by the rejection, the petitioner approached the Calcutta High Court . Single Judge Decision A single judge ruled in her favour, holding that: Coal India, being a public sector corporation , could not deny appointment merely because its recruitment...

Supreme Court Fixes June 30 Deadline for Bengaluru Civic Elections

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Introduction In a decisive intervention aimed at ending prolonged democratic paralysis, the Supreme Court of India has fixed June 30, 2026 as the outer and non-extendable deadline for completing civic elections in Bengaluru. The ruling brings much-needed clarity and finality to elections for the Bruhat Bengaluru Mahanagara Palike (BBMP) and the newly created municipal corporations under the Greater Bengaluru Area (GBA) , which have remained without elected representatives since 2020. Supreme Court’s Directions and Timelines A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi issued binding directions to the Karnataka government and the State Election Commission (SEC) to adhere strictly to a phased election schedule. Key Deadlines Set by the Court February 20, 2026 : Final publication of ward-wise reservation March 16, 2026 : Publication of final electoral rolls Post-May 26, 2026 : Polling to be conducted after completion of board examinations June 3...

Supreme Court to Hear Plea Alleging Mass Rejection of Nominations in BMC Elections

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Background of the Dispute A significant constitutional challenge relating to the Brihanmumbai Municipal Corporation (BMC) elections has reached the Supreme Court of India , days before polling scheduled for January 15 . A Mumbai-based businessman, Mozam Ali Mir , has filed a Special Leave Petition (SLP) challenging the Bombay High Court’s dismissal of his Public Interest Litigation (PIL), which alleged mass, arbitrary, and unconstitutional rejection of nomination forms across Mumbai’s 227 electoral wards. The Supreme Court has listed the matter for urgent hearing on Tuesday , barely two days before the elections, underlining the gravity of the allegations and the potential impact on electoral democracy. The Petitioner and Nature of the Challenge Mir’s PIL, originally filed before the Bombay High Court on January 5 , raised concerns about the sanctity of free and fair municipal elections , claiming that returning officers systematically rejected nominations on hyper-technical and no...

ED–West Bengal Confrontation Over I-PAC Raids Reaches Supreme Court

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Background: Centre–State Clash Escalates to the Apex Court The long-running confrontation between the Enforcement Directorate (ED) and the Trinamool Congress (TMC)–led West Bengal government has now reached the Supreme Court of India , marking a significant escalation in a politically sensitive dispute ahead of state elections. The ED has approached the apex court by filing a writ petition under Article 32 of the Constitution , alleging that its lawful investigation under the Prevention of Money Laundering Act, 2002 (PMLA) was deliberately obstructed by the West Bengal state machinery, including Chief Minister Mamata Banerjee . ED’s Allegations: “Unprecedented Interference” in Central Investigation According to the ED’s petition, the controversy stems from search operations conducted on Thursday at multiple locations linked to political consultancy firm Indian Political Action Committee (I-PAC) , including: The Kolkata office of I-PAC in Salt Lake The residence of I-PAC director Pr...

Victim Safety the Ultimate Test for Bail in POCSO Cases: Supreme Court Cancels Bail in UP Gangrape Case

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Supreme Court Reasserts Victim-Centric Approach in POCSO Bail Jurisprudence The Supreme Court has once again underscored that victim safety and the integrity of the trial process must override all other considerations while deciding bail under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) . In a significant judgment delivered on Friday, the Court cancelled the bail granted to an accused in a 2024 gangrape case involving a minor, holding that the Allahabad High Court’s order suffered from “manifest perversity” . The ruling reinforces the heightened statutory rigour applicable to sexual offences against children and clarifies that prolonged incarceration or delay in trial cannot be mechanically invoked to grant bail in grave POCSO offences . Factual Background of the Case The case arises from an alleged gangrape of a 16-year-old girl in Shamli district, Uttar Pradesh , on December 1, 2024 . An FIR was registered the following day at the Shamli police station. Acc...

Farmers Demand Statutory MSP Guarantee Before Supreme Court Committee: Legal, Constitutional and Policy Dimensions

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Background of the Supreme Court Committee A committee constituted by the Supreme Court of India to recommend corrective measures in the agrarian sector held consultations with various farmers’ unions on Friday. The committee is chaired by Justice Nawab Singh (Retd.) , a former High Court judge, and includes agricultural economists, policy analysts, and representatives from statutory bodies. The committee was formed following prolonged farmers’ protests at the Shambhu and Khanouri borders between Punjab and Haryana. These protests, led by the Sanyukt Kisan Union (Non-Political) under the leadership of Jagjeet Singh Dallewal , continued for over a year before farmers were forcibly evicted in March last year. The apex court constituted the panel on January 6 to address systemic agrarian distress, MSP implementation issues, and procurement failures. Core Demand: Central Law Guaranteeing MSP on All Crops The farmers’ delegation made a categorical demand for a central legislation guarant...