Tag: Social Justice

From Paper Rights to Real Rights: Supreme Court Orders Sweeping Reforms for Transgender Community
4Jan By The Legal ChamberNo Comments
Supreme Court

From Paper Rights to Real Rights: Supreme Court Orders Sweeping Reforms for Transgender Community

This Supreme Court judgment affirms that the Transgender Persons (Protection of Rights) Act, 2019, read with Articles 14, 15, and 21 of the Constitution, imposes horizontal obligations on both State and private establishments to prevent discrimination against transgender persons. The Court underscores the State’s positive duty to ensure reasonable accommodation, effective grievance redressal, and substantive equality, holding that legislative and administrative inaction constitutes discriminatory omission. Facts Of The Case: The petitioner, Jane Kaushik, a transgender woman and trained teacher, faced alleged discrimination and termination from two private schools within a year. She was first appointed by the First School in November 2022 but was forced to resign after eight days, citin...
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Supreme Court :Knowledge of Victim’s Caste Enough for SC/ST Act Conviction
29Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court :Knowledge of Victim’s Caste Enough for SC/ST Act Conviction

The Supreme Court affirmed that school admission registers are admissible evidence under Section 35 of the Evidence Act to prove a victim's minority in POCSO cases. It clarified that a witness cannot be declared hostile for minor inconsistencies, reiterating that such a step is an extraordinary measure requiring clear hostility or resiling from a material statement. The Court also held that under the amended SC/ST Act, mere knowledge of the victim's caste is sufficient to attract Section 3(2)(v), especially when a presumption of such awareness arises under Section 8(c) from prior acquaintance. Facts Of The Case: On the night of May 10, 2018, the minor victim left her home to deliver food to her grandfather. Near a Sendhwar tree, the appellant, Shivkumar, allegedly abducted her by force, ...
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Corporate vs. Cultivator: Supreme Court Rules Land Restoration Only for Disadvantaged Farmers
28Dec By The Legal ChamberNo Comments
Supreme Court

Corporate vs. Cultivator: Supreme Court Rules Land Restoration Only for Disadvantaged Farmers

The Supreme Court held that the restoration remedy in Kedar Nath Yadav, grounded in protecting vulnerable agricultural communities, does not extend to industrial entities. A party that accepted compensation without challenge and failed to pursue statutory remedies cannot belatedly claim relief from a judgment secured by others through public interest litigation. Facts Of The Case: The case concerns a dispute over the restoration of 28 Bighas of land in Singur, West Bengal, originally acquired in 2006 for the Tata Nano manufacturing project. The land was purchased and converted for industrial use by M/s Santi Ceramics Pvt. Ltd. (Respondent No. 1), which established a manufacturing unit thereon. The acquisition process, conducted under the Land Acquisition Act, 1894, was subsequently...
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Supreme Court Allows Older Couples to Continue Surrogacy if Embryos Frozen Before 2022
27Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court Allows Older Couples to Continue Surrogacy if Embryos Frozen Before 2022

The Supreme Court held that the age restrictions under Section 4(iii)(c)(I) of the Surrogacy (Regulation) Act, 2021, do not apply retrospectively. Intending couples who had commenced the surrogacy process—specifically by creating and freezing embryos—before the Act's enforcement retain their vested right to continue the procedure, irrespective of subsequently exceeding the statutory age limits. Facts Of The Case: The case consolidates three petitions concerning age restrictions for intending couples under the Surrogacy (Regulation) Act, 2021. In the first, a couple married in 2019 began IVF treatment in 2020 but were advised to use surrogacy due to the wife’s medical history. Their embryos were frozen in January 2021, but the process was stalled by the pandemic before the Act, with its a...
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Supreme Court Rules Insurance Company Liable for Worker Compensation Alongside Employer
25Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules Insurance Company Liable for Worker Compensation Alongside Employer

The Supreme Court held that under the Employee’s Compensation Act, 1923, an insurer can be made a party and held jointly and severally liable for compensation if the employer's liability is covered by the insurance policy. The Court clarified that Section 19 of the Act empowers the Commissioner to determine the liability of the insurer, ensuring the workman's remedy is effective and not illusory. Facts Of The Case: The case originated from a claim filed by a workman (the second respondent), who was employed as a driver by the appellant, Alok Kumar Ghosh. The workman suffered a disabling injury due to an accident arising out of and in the course of his employment. He filed for compensation under the Workmen’s Compensation Act, 1923, against both his employer (the appellant) and The New In...
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Supreme Court Eases Burden of Proof for Railway Accident Victims in Landmark Ruling
24Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court Eases Burden of Proof for Railway Accident Victims in Landmark Ruling

In this judgment, the Supreme Court clarified the burden of proof in railway accident compensation claims under Section 124-A of the Railways Act, 1989. The Court held that the initial burden on claimants can be discharged by affidavit and verified ticket records, shifting the onus to the Railways. Mere absence of a ticket or seizure memo does not defeat a legitimate claim, as the statutory regime is a welfare-oriented, no-fault liability system based on preponderance of probabilities. Facts Of The Case: The case arose from the death of Sanjesh Kumar Yagnik on 19 May 2017. He was allegedly travelling from Indore to Ujjain by the Ranthambore Express (Train No. 12465) when, due to overcrowding, he was pushed from the moving train near Ujjain, sustaining fatal head injuries. The police regi...
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A Landmark Ruling: Supreme Court Directs States to Transform Beggars’ Homes from Prisons to Places of Care
1Nov By The Legal ChamberNo Comments
Supreme Court

A Landmark Ruling: Supreme Court Directs States to Transform Beggars’ Homes from Prisons to Places of Care

In a significant ruling, the Supreme Court issued comprehensive directives for all Beggars' Homes across India, mandating minimum standards for healthcare, sanitation, nutrition, and infrastructure. The judgment affirms that such institutions are a constitutional trust and that inhumane conditions violate the fundamental right to life with dignity under Article 21, requiring a shift from a punitive to a rehabilitative model. Facts Of The Case: The case originated from a Public Interest Litigation filed after news reports in May 2000 exposed a cholera and gastroenteritis outbreak at the Beggars’ Home in Lampur, Delhi, leading to multiple inmate deaths. The reports alleged that contaminated drinking water was the cause, a fact later confirmed by a magisterial inquiry which found faecal con...
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Accessibility is a Right, Not a Charity: Supreme Court’s Powerful Ruling on Disability
1Nov By The Legal ChamberNo Comments
Supreme Court

Accessibility is a Right, Not a Charity: Supreme Court’s Powerful Ruling on Disability

This Supreme Court judgment establishes a comprehensive monitoring framework, "Project Ability Empowerment," to audit state-run disability care institutions nationwide. It directs compliance with the Rights of Persons with Disabilities Act, 2016, emphasizing substantive equality, accessibility, and community living. The Court also mandates a review of reservation policies to include "upward movement" for meritorious disabled candidates. Facts Of The Case: The litigation originates from two consolidated petitions. The first, a 1998 Writ Petition by the Justice Sunanda Bhandare Foundation, sought the enforcement of the Persons with Disabilities Act, 1995, specifically demanding the implementation of reservation for persons with visual disabilities in teaching posts. The second case began a...
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Supreme Court Rules: Reserved Candidates Who Use Age Relaxation Can’t Switch to General Category
27Oct By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules: Reserved Candidates Who Use Age Relaxation Can’t Switch to General Category

The Supreme Court held that reserved category candidates who avail age relaxation are barred from migrating to unreserved vacancies if the governing recruitment rules expressly prohibit it. The Court distinguished earlier precedents, ruling that such an embargo does not violate equality, as the right to be considered for general category posts depends on the specific rules of the recruitment process in question. Facts Of The Case: The case originated from a recruitment drive for Constable (GD) in various Central Armed Police Forces. The employment notification prescribed an age limit of 18-23 years, with a 3-year relaxation for OBC candidates. The respondents, OBC candidates, availed this age relaxation to participate in the selection process. However, they were not selected in the OBC c...
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Supreme Court: TET Mandatory for All Teachers, But RTE Act’s Application to Minority Schools Under Scrutiny
6Oct By The Legal ChamberNo Comments
Supreme Court

Supreme Court: TET Mandatory for All Teachers, But RTE Act’s Application to Minority Schools Under Scrutiny

This Supreme Court judgment holds that the Teacher Eligibility Test (TET) is a mandatory qualification for the appointment and promotion of all teachers under the RTE Act. However, the Bench expressed doubts about the correctness of the precedent in Pramati which exempts all minority institutions from the RTE Act, and has referred this specific constitutional question for reconsideration by a larger bench. Facts Of The Case: This set of civil appeals originated from conflicting judgments of the Bombay and Madras High Courts concerning the applicability of the Right of Children to Free and Compulsory Education (RTE) Act, 2009, and specifically the Teacher Eligibility Test (TET), to minority educational institutions. The appellants included minority educational institutions, state authorit...
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