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Rights of Persons with Disabilities Upheld: Supreme Court’s Landmark Judgment on Exam Accessibility

26Feb

By The Legal ChamberNo Comments

Supreme Court

Rights of Persons with Disabilities Upheld: Supreme Court’s Landmark Judgment on Exam Accessibility

In this judgment, the Supreme Court affirmed that the constitutional guarantee of equality under Articles 14 and 21, read with the Rights of Persons with Disabilities Act, 2016, mandates substantive inclusion, not mere formal equality. The Court directed the UPSC to implement accessible examination processes, including screen reader software and flexible scribe registration, ensuring that rights for persons with disabilities are enforceable realities. Facts Of The Case: The writ petition was instituted by Mission Accessibility, an organization dedicated to advancing the rights of persons with disabilities, seeking enforcement of their rights under the Constitution of India and the Rights of Persons with Disabilities Act, 2016. The primary grievances pertained to the Civil Services Examin...

Gold, Gifts, and Divorce: Supreme Court Orders Husband to Return Woman’s Wedding Assets

26Feb

By The Legal ChamberNo Comments

Supreme Court

Gold, Gifts, and Divorce: Supreme Court Orders Husband to Return Woman’s Wedding Assets

In this judgment, the Supreme Court held that property given to a bride at the time of marriage remains her entitlement post-divorce under Section 3 of the Muslim Women Act. The Court emphasized purposive interpretation to protect a woman’s dignity and financial security, prioritizing social justice over procedural discrepancies to ensure enforcement of her legal rights. Facts Of The Case: The marriage between the appellant, Rousanara Begum, and the respondent, S.K. Salahuddin, was solemnized on August 28, 2005. However, marital discord soon arose, leading the appellant to leave her matrimonial home on May 7, 2009. Following this separation, she initiated legal proceedings against her husband, including an application under Section 125 of the Code of Criminal Procedure, 1973, for m...

From Highways to Hospitals: Supreme Court’s Nationwide Plan to Tackle Stray Animals

28Jan

By The Legal ChamberNo Comments

Supreme Court

From Highways to Hospitals: Supreme Court’s Nationwide Plan to Tackle Stray Animals

The Supreme Court reaffirmed the application of the Animal Birth Control Rules, 2023, and issued mandatory directives to all States and Union Territories. This includes securing institutional premises from stray dogs, removing such animals from highways, and ensuring the availability of anti-rabies treatment, thereby enforcing the state's obligation to protect the right to life under Article 21. Facts Of The Case: This suo motu proceeding originated from media reports highlighting the severe public safety threat posed by stray animals, particularly dogs, in urban areas. The Supreme Court consolidated several related petitions and appeals addressing this issue. The core factual matrix involved alarming and recurrent incidents of dog-bite attacks, especially within institutional premises s...

Supreme Court Slams “Ad-hocism”: Orders Regularization of Employees After 30+ Years of Service

19Sep

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Slams “Ad-hocism”: Orders Regularization of Employees After 30+ Years of Service

This Supreme Court judgment reaffirms that the State, as a constitutional employer, cannot deny regularization of perennial work performed by long-serving ad hoc employees. Arbitrary refusals to sanction posts based on financial constraints violate Articles 14, 16, and 21. The Court mandated the creation of supernumerary posts for regularization, emphasizing that outsourcing cannot justify exploitation or circumvent the duty to provide fair and secure employment. Facts Of The Case: The appellants were engaged as daily wage employees (Class-III Driver and Class-IV Peons/Attendants) by the U.P. Higher Education Services Commission between 1989 and 1992. They performed regular, perennial duties essential to the Commission's functioning. In 1991, the Commission itself resolved to create four...