right to dignity Archives

Virginity test conducted on a female detainee/accused under investigation/custody whether judicial/police is unconstitutional; Delhi High Court issues directions

To hold that conducting virginity test on a woman who is victim of sexual assault and on a woman who may be an accused of an offence will be on different footing or that the earlier will be unconstitutional and the later constitutional, will be a perverse finding and against the intent of the Constitution of India and Article 21. However, this should not mean to be taken to be a shield for the detainee from legitimate interrogation by police as per the procedure established by law.

Explained| Supreme Court’s order modifying guidelines given in 2018 Euthanasia Judgment

5-Judge Constitution Bench in a miscellaneous application filed to seek modifications of guidelines prescribed in 2018 Euthanasia Judgment, viewed that the guidelines need modifications. Thus, simplified the process for passive euthanasia.

Case Briefs Supreme Court

Militant’s encounter matter of National Security; Exhumation cannot be claimed as a matter of right: Supreme Court asks Centre to make law

The Court has asked the Union of India to consider enacting an appropriate legislation on exhumation so as to tackle the situations like the one on hand.

Case Briefs Supreme Court

“Sexual assault” or “rape” under Medical Termination of Pregnancy laws includes “marital rape”: holds Supreme Court, without changing the contours of ‘rape’ defined under Section 375 IPC

“The nature of sexual violence and the contours of consent do not undergo a transformation when one decides to marry. The institution of marriage does not influence the answer to the question of whether a woman has consented to sexual relations. If the woman is in an abusive relationship, she may face great difficulty in accessing medical resources or consulting doctors.”

Case Briefs Supreme Court

Unmarried persons cannot be denied rights based on narrow patriarchal principles on “permissible sex”: Key takeaways from SC’s historic verdict on right to safe abortion

While the interim order was passed in the case on 21.07.2022, the Supreme Court took over two months to write a far-reaching 75-pages-long verdict, touching upon various aspects like purposive interpretation of Medical Termination of Pregnancy laws, equal status of married and unmarried or single women, right to reproductive autonomy, right to dignity, effect of unwanted pregnancy on mental health of women, etc.

Case Briefs High Courts

Manipur High Court| Right to dignity of an accused does not dry out with the Judges, rather, it subsists beyond the prison gates and operates until his last breath

Manipur High Court: In a case where the criminal appeal was pending and the applicant convicted under Section 6 of the Protection

Case Briefs High Courts

‘Orderly system’ unconstitutional: Madras High Court directs Tamil Nadu government to eradicate it completely in four months

Madras High Court: S.M. Subramaniam, J. has directed to ensure that the practice of orderly system stands eradicated in entirety

Case Briefs High Courts

Delhi High Court grants bail to a under trial pregnant woman prisoner ; Refusal for delivery outside prison only in case of high security risk

Delhi High Court: In a case where very serious allegations are made and 16 members from the same family are

Case Briefs High Courts

Can Court direct to retrospectively amend birth certificate to expunge father’s name by replacing mother’s name as an only parent? Kerala HC decides

“The children of unwed mothers and the children of the rape victims can also live in this country with the fundamental rights of privacy, liberty, and dignity. None can intrude into their personal life, and if it happens, the Constitutional Court of this country will protect their fundamental rights.”

Case Briefs High Courts

Right to Sanitation a fundamental right: Patna HC issues directions to Bihar Govt and NHAI to construct “Public toilets” on highways

United Nation’s Sustainable Development Goal (SDG) No.6 explicitly recognises sanitation rights. Delay in providing sanitation facilities, in particular reference to women impedes in achieving SDG No.5 that talks about gender equality, and thereof pulling back all other associated goals.

Case Briefs Foreign Courts

Canada SC | Imposing consecutive 25-year parole ineligibility periods cruel and unusual by nature, cannot be justified in a free and democratic society

Supreme Court of Canada: A full bench comprising, Wagner C.J. and Moldaver, Karakatsanis, Côté, Brown, Rowe, Martin, Kasirer and Jamal JJ unanimously

Legal RoundUp Watch Now

Weekly Rewind Ep. 63| Sex Workers’ right to dignity; Hindu Women’s right to property; right to dissent; freedom of press; and more

Top Story of the Week Aadhaar Card for Sex Workers| Supreme Court bats for sex workers’ right to dignity; directs UIDAI to

Case Briefs Supreme Court

Aadhaar Card for Sex Workers| Supreme Court bats for sex workers’ right to dignity; directs UIDAI to issue Aadhaar Card without insisting on address proof

“…basic protection of human decency and dignity extends to sex workers and their children, who, bearing the brunt of social stigma attached to their work, are removed to the fringes of the society, deprived of their right to live with dignity and opportunities to provide the same to their children.”

Case Briefs

Dalit man made to rub nose in his own spit in Kendrapada District: NHRC issues notice to Odisha Government

The National Human Rights Commission, India has taken a suo-motu cognizance of a media report of the incident where a dalit man

Case Briefs Supreme Court

POCSO| Is investigation of disclosure of victim’s identity permissible without Magistrate’s permission? SC gives split verdict

Supreme Court: The bench of Indira Banerjee and JK Maheshwari, JJ has given split verdict on the issue as to whether the

Case Briefs Foreign Courts

Continued distinction between children born within or out of wedlock, stigmatises children born out of wedlock: Does it causes indignity to child & unmarried parents? Here’s why Constitutional Court of SA declared S. 10 of Births and Deaths Registration Act as ‘Unconstitutional’

Constitutional Court of South Africa: The Bench of Victor AJ (Jafta J, Khampepe J, Madlanga J, Majiedt J, Mhlantla J, Theron J

Case Briefs High Courts

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

Case Briefs Foreign Courts

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

Case Briefs Foreign Courts

“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