Article 14 and Arbitrariness vis-à-vis Legislative Action [Part II]
by Siddharth R. Gupta † and Divisha Dwivedi ††
Cite as: 2021 SCC OnLine Blog Exp 83
Fundamental Rights
National Security Act| Delay in considering representation; non-communication of rejection strike at the heart of fundamental rights of detenu: SC
“Preventive detention in independent India is to be exercised with utmost regard to constitutional safeguards.”
Kar HC | A custody case of a toddler between a genetic mother and a foster mother; principle of ‘distributive justice’ not to be applied; Yashoda Maa and Devaki Maa finds reference in judgment
Karnataka High Court: Krishna S. Dixit J. disposed off the petition and remarked “there is & shall be no cause of action
Raj HC | Constitutional Morality to override societal morality; Directs live in partners where the lady is married to another man to make representation before the Station House Officer and necessary orders may be passed
Rajasthan High Court: Pushpendra Singh Bhati J. disposed of the instant petition with a direction to the petitioners to appear before the
Internet Freedom for an Inclusive Global Future
by Shruti Shreya†
Cite as: 2021 SCC OnLine Blog Exp 67
Raj HC | Red-Tapism prevalent in Rajasthan Nursing Council has resulted in rejection of candidature; Court found fundamental rights guaranteed by Arts. 14, 16 and 19(1)(g) of the Constitution of India violated
Rajasthan High Court: Dinesh Mehta, J., allowed and disposed off a writ petition which was filed aggrieved of the respondent’s action of
Pak SC comes down heavily on virginity tests. Holds that dragging sexual history of the rape survivor in a case, by making observations about her body, is unconstitutional
Supreme Court of Pakistan: In a significant decision, the 3 Judge Bench of the Court comprising of Manzoor Ahmad Malik, Mazhar Alam
SL SC | No man is allowed to take advantage of his wrong; Court finds Fundamental Rights under Arts. 12(1), 12(2), and 14(1) (g) of the Constitution violated [legitimate expectation]
Supreme Court of the Democratic Socialist Republic of Sri Lanka: A Full Judge Bench of Sisira. J. de Abrew, Murdu Fernando and
Education policy which compels schoolchildren to recite words “Almighty God, in whose hands our future lies” as part of schools’ national pledge of allegiance, violates children’s Right to Freedom of Religion| Detailed Report
Constitutional Court of Zimbabwe: While scrutinizing the constitutionality of the policy and actions of the education authorities in compelling schoolchildren to salute
All HC | “Cruel, unethical to force present generation to follow 150 yrs old customs, traditions which violate fundamental rights”: HC rules Publication of Notice of Intended Marriage under Special Marriage Act shall not be mandatory
“The society has an ever-changing phenomenon. It keeps changing with time as per its new needs, expectation and other changing aspects. The very purpose of law is to serve society as per its requirements; therefore, the law also keeps evolving with the changes in society.”
“Virginity tests are invasive, offensive, and discriminatory and blatantly violate the dignity of a woman” – Justice Ayesha A. Malik || Detailed Report
Lahore High Court: While deliberating upon the writ petitions challenging the use and conduct of ‘virginity tests’ especially “Two-finger Test” and “Hymen
P&H HC | Merely because two consenting adults get married to each other against wishes of their family members, they cannot be deprived of fundamental rights
Punjab and Haryana High Court: Alka Sarin, J., while addressing the present matter made an observation that: The alleged illegality of the marriage
COVID-19| Do you see authorities pasting posters outside COVID-19 positive persons’ homes? They can’t do that [Read SC Order]
No such direction has been issued by the Government of India.
Supreme Court refuses to interfere with Allahabad High Court’s order quashing Dr. Kafeel Khan’s detention
Supreme Court: The 3-judge bench of SA Bobde, CJ and AS Bopanna and V. Ramasubramanian, JJ has refused to interfere with Allahabad
Farmers’ protest can continue peacefully without impediment. Supreme Court calls for constitution of a committee to resolve the issue
“Indeed the right to protest is part of a fundamental right and can as a matter of fact, be exercised subject to public order.”
Kar HC | Self-identification of one’s gender lies at the heart of Fundamental Right to Life and Personal Liberty and State authorities are obligated to give legal recognition to the same; Writ Petition Allowed
Karnataka High Court: John Michael Cunha J., while allowing the present writ petition moved by a transgender against the declaration of her