Indian Constitution - The Legal Chamber

Supreme Court Orders End to ‘Forced Labour’ in Matheran, Directs Rehabilitation Scheme

6Sep

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Orders End to ‘Forced Labour’ in Matheran, Directs Rehabilitation Scheme

The Supreme Court prohibited hand-pulled rickshaws in Matheran, declaring the practice a violation of Article 23 of the Constitution as it constitutes forced labour and offends human dignity. It directed the state to rehabilitate pullers by providing e-rickshaws through a welfare scheme, balancing ecological concerns with the constitutional mandate of social and economic justice. Facts Of The Case: The case concerns the eco-sensitive hill station of Matheran in Maharashtra, renowned as a pedestrian-only zone. The primary issues involved whether paver blocks could be laid on the main road to prevent soil erosion and if hand-pulled rickshaws, a long-standing mode of transport, could be replaced with battery-operated e-rickshaws. The state government and the Matheran Municipal Council...

Supreme Court Reduces Life Term in POCSO Case, Cites Constitutional Protection Against Harsher Retroactive Penalties

23Aug

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Reduces Life Term in POCSO Case, Cites Constitutional Protection Against Harsher Retroactive Penalties

The Supreme Court upheld the conviction under Section 6 of the POCSO Act but modified the sentence. Relying on Article 20(1) of the Constitution, it held that the enhanced punishment of imprisonment for the remainder of natural life, introduced by the 2019 amendment, could not be applied retrospectively to an offence committed prior to its enactment. Facts Of The Case: On May 20, 2019, the appellant, Saturam Mandavi, was accused of luring a five-year-old girl to his house and raping her while her parents were away attending a marriage ceremony in the village. The victim's mother, upon returning and being unable to locate her daughter, confronted the appellant at his house, after which he fled. An FIR was subsequently registered against him. The Trial Court convicted the appellant under S...

Supreme Court Exposes Cover-Up, Mandates CBI Investigation for Custodial Violence

16Aug

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Exposes Cover-Up, Mandates CBI Investigation for Custodial Violence

The Supreme Court held that the High Court erred in not mandating the registration of anCfor custodial torture, as per Lalita Kumari v. State of U.P., which mandates immediate FIR registration for cognizable offences. The Court directed a CBI investigation to ensure impartiality, citing institutional bias and conflict of interest. It quashed the counter FIR under Section 309 IPC as mala fide and awarded ₹50 lakhs compensation for the egregious violation of Article 21. The judgment reaffirmed the constitutional duty to protect citizens from state excesses and uphold human dignity. Facts Of The Case: The appellant, Khursheed Ahmad Chohan, a police constable in Jammu & Kashmir, was summoned for an inquiry related to a narcotics case on February 17, 2023. He reported to the Joint Interro...

Supreme Court Directs Faster Resolution for Temple Disputes in Mathura & Vrindavan

25May

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Directs Faster Resolution for Temple Disputes in Mathura & Vrindavan

The Supreme Court ruled on the appointment of temple receivers under Order XL Rule 1 CPC, emphasizing that advocates should not routinely manage religious institutions due to potential conflicts of interest. It directed courts to appoint administrators with religious and administrative expertise while prioritizing expedited dispute resolution. The Court also permitted the state to utilize temple funds for land acquisition under strict conditions, ensuring ownership remains with the deity/trust. The judgment reinforces judicial restraint in prolonged receiverships and aligns with Article 25(2) of the Constitution, allowing state intervention for public order and pilgrim welfare. Facts Of The Case: The case arose from a dispute over the management of Sri Giriraj Temple, Govardhan, Ma...

“Supreme Court Transfers Investigation to CBI in Shocking Custodial Torture & Death Case” : Police Brutality Exposed

22May

By The Legal ChamberNo Comments

Supreme Court

“Supreme Court Transfers Investigation to CBI in Shocking Custodial Torture & Death Case” : Police Brutality Exposed

The Supreme Court transferred the investigation of a custodial death case to the CBI, citing bias in the local police probe under "nemo judex in causa sua" (no one should judge their own cause). It emphasized witness protection for the sole eyewitness, Gangaram Pardhi, and directed expedited arrests and trial, reinforcing accountability in custodial violence cases under constitutional safeguards. The judgment underscored fair investigation as a facet of Article 21. Facts Of The Case: The case stemmed from the custodial death of Deva Pardhi, a young man arrested by Madhya Pradesh police on 13th July 2024 during his wedding rituals in connection with a theft case (FIR No. 232/2024). Witnesses, including his uncle Gangaram Pardhi, alleged brutal torture—beatings, hanging upside down, and ch...