Tag: Social Justice

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...
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Landmark Ruling: Supreme Court Ends Gender Bias Tribal Women Now Have Equal Rights to Ancestral Property!
13Aug By The Legal ChamberNo Comments
Supreme Court

Landmark Ruling: Supreme Court Ends Gender Bias Tribal Women Now Have Equal Rights to Ancestral Property!

The Supreme Court ruled that in the absence of any established custom or law governing inheritance for Scheduled Tribes, the principles of justice, equity, and good conscience under Section 6 of the Central Provinces Laws Act, 1875 must apply. The Court held that denying tribal women equal inheritance rights violates Article 14 (right to equality) of the Constitution, as discrimination based on gender lacks a rational nexus. The judgment overruled the lower courts’ dismissal of the claim, affirming that legal heirs of tribal women are entitled to an equal share in ancestral property unless a contrary custom is proven. Facts Of The Case: The case involved a dispute over the inheritance rights of a tribal woman, Dhaiya, belonging to the Gond Scheduled Tribe in Chhattisgarh. The appellants,...
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Big Relief for Mothers: Supreme Court Backs Woman’s Right to Benefit After Remarriage
11Jun By The Legal ChamberNo Comments
Supreme Court

Big Relief for Mothers: Supreme Court Backs Woman’s Right to Benefit After Remarriage

The Supreme Court ruled that K. Umadevi is entitled to maternity leave under FR 101(a), setting aside the High Court Division Bench's decision. The Court emphasized a purposive and liberal interpretation of maternity benefit provisions, aligning with reproductive rights under Article 21 of the Constitution and international conventions, irrespective of prior children not in the mother's custody or born from a previous marriage. Facts Of The Case: K. Umadevi, the appellant, married A. Suresh in 2006, having two children from this wedlock in 2007 and 2011. Their marriage was dissolved in 2017, and the children remained in the custody of her former husband. In December 2012, she joined government service as an English Teacher in Tamil Nadu. On September 12, 2018, the appellant remarried M...
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Shelter vs. Forest: Supreme Court’s Solution for Maharashtra’s Zudpi Jungle Dispute
6Jun By The Legal ChamberNo Comments
Supreme Court

Shelter vs. Forest: Supreme Court’s Solution for Maharashtra’s Zudpi Jungle Dispute

The Supreme Court affirmed 'Zudpi Jungle' as forest, but allowed pre-1996 non-forestry regularization without NPV or compensatory afforestation. It mandated strict action for post-1996 diversions, declared fragmented Zudpi lands 'Protected Forests,' and ordered transfers to the Forest Department, with conditions for using Zudpi land for compensatory afforestation. Facts Of The Case: This case revolves around the legal status and utilization of "Zudpi Jungle" lands in six districts of Eastern Vidarbha, Maharashtra. Historically, these lands, characterized by bushy growth and inferior soil, were recorded as "Zudpi Forest" or "Scrub Jungle" in revenue records since the early 1900s, often used for grazing and domestic needs. Due to bureaucratic inaction and state reorganization in 1956, thes...
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