Tag: Constitutional Mandate

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...
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Supreme Court Issues New Guidelines for Tiger Safaris and Forest Protection
4Feb By The Legal ChamberNo Comments
Supreme Court

Supreme Court Issues New Guidelines for Tiger Safaris and Forest Protection

The Supreme Court upheld and expanded upon its March 2024 directions concerning tiger conservation. It mandated that Tiger Safaris may only be established on non-forest or degraded land within buffer zones, provided they are not part of tiger corridors and are integrated with rescue centres. The Court accepted the Expert Committee's recommendations, directing the notification of Eco-Sensitive Zones for all Tiger Reserves and imposing strict regulations on activities within buffer and fringe areas to prioritize an ecocentric approach. Facts Of The Case: The case originated from an application by Shri Gaurav Kumar Bansal concerning illegal constructions and felling of trees within the Corbett Tiger Reserve, particularly for establishing a Tiger Safari at Pakhrau. Following its detailed jud...
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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...
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Arrest Without Written Reason? Supreme Court Says It’s Illegal in Landmark Ruling
21Jan By The Legal ChamberNo Comments
Supreme Court

Arrest Without Written Reason? Supreme Court Says It’s Illegal in Landmark Ruling

The Supreme Court held that the constitutional mandate under Article 22(1) requires the grounds of arrest to be furnished in writing to the arrestee in a language they understand, without exception, for all offences. Failure to do so renders the arrest and subsequent remand illegal, subject to a limited exception for certain in-the-moment offences where written grounds must be supplied at least two hours before the remand hearing. Facts Of The Case: On July 7, 2024, a white BMW, allegedly driven at high speed by Mihir Rajesh Shah, collided violently with a scooter from behind in Worli, Mumbai. The impact threw the scooter's male rider to the side and trapped his wife under the front left wheel and bumper of the car. Despite this, the driver allegedly continued driving, draggi...
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Balancing Ecology & Development : Supreme Court’s Verdict on Mumbai’s Khajuria Lake Case
14Jun By The Legal ChamberNo Comments
Supreme Court

Balancing Ecology & Development : Supreme Court’s Verdict on Mumbai’s Khajuria Lake Case

The Supreme Court, overturning a High Court order, ruled that restoring a demolished lake to its original state was not feasible given the passage of time and the establishment of a public park. The Court balanced environmental conservation with public welfare, emphasizing that the public trust doctrine must consider practical realities. It directed the Municipal Corporation of Greater Mumbai (MCGM) to maintain the park, explore alternative water bodies, and restore other deteriorated water bodies. Facts Of The Case: The Municipal Corporation of Greater Mumbai (MCGM) undertook a redevelopment project on a plot (CTS No. 417) at Khajuria Tank Road, Kandivali (West), Mumbai, for a theme park. This project allegedly led to the obliteration of a lake that had existed at the premises for app...
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