6 years, 7 months ago

Plea In SC Challenges The Vires Of Schedule Caste & The Schedule Tribes (Prevention of Atrocities) Amendment Act 2018 [Read Petition]

Live Law

The Supreme Court has been moved in a PIL praying that the 2018 Amendment to the Scheduled Castes and Scheduled Tribes Act of 1989 be struck down as being in the teeth of Articles 14, 19 and 21 and violative of the basic structure of the Constitution.The grievance of the petitioners arises from the fact that even as the review of the controversial verdict of the. The Supreme Court has been moved in a PIL praying that the 2018 Amendment to the Scheduled Castes and Scheduled Tribes Act of 1989 be struck down as being in the teeth of Articles 14, 19 and 21 and violative of the basic structure of the Constitution. The petitioners have contended, “thereafter, a rare move was adopted by the central government to get political mileage and under pressure from alliance partners and also worrying over the prospects of antagonising a huge vote bank ahead of the Loksabha elections next year, The Government decided to amend this act” It has been averred that The anti-atrocities law has become an instrument to “blackmail” innocent citizens and public servants, that The Act of 1989 is used to exact “vengeance” and satisfy vested interests and that it is also prone to misuse on account of monetary incentive being available merely for lodging a case under Rule 12 of Scheduled Castes and Scheduled Tribes Rules, 1995. It has been argued that the exclusion of the provision for anticipatory bail is arbitrary and unjust, in as much as wrongful arrest infringes the right to personal liberty under Article 21, and cannot, by any reasonable interpretation, be applicable when no case is made out or the allegations are patently false or motivated- “it may be difficult for public servants to discharge their bona fide functions and, in given cases, they can be blackmailed with the threat of a false case being registered under the Atrocities Act, without any protection of law” The petitioners have suggested that being born in an upper caste cannot be a ground for a presumption of guilt so as to deprive a person of his liberty without an opportunity before an independent forum, that the power of arrest should be exercised only after complying with the safeguards of scrutiny, credible information and just and reasonable procedure under Sections 41 and 41A of the Cr.P.C.

Constitution Court Act Petition Scheduled Scheduled Tribes Atrocities Schedule Tribes read supreme petition act 1989 petitioners case vires scheduled sc review prevention schedule tribes court caste challenges amendment plea atrocities

History of this topic

1 month, 3 weeks ago

Provisions Of SC/ST Act Can Only Be Invoked Against Those Not Belonging To SC/ST Community: Punjab & Haryana High Court

Live Law

Allowing anticipatory bail under the Scheduled Castes and Scheduled Tribes Act,, the Punjab & Haryana High Court has made it clear that the Act can be invoked only against members not belonging tothe SC/ST Act community.Justice Manisha Batra noted, "Appellants Avtar Singh and Jagsir Singh are stated to be members of SC community themselves. Allowing anticipatory bail under the Scheduled …

3 months, 2 weeks ago

‘Set up special court in all districts as per SC/ST rules’: NCSC

New Indian Express

MADURAI: The National Commission for Scheduled Castes and Scheduled Tribes asked the chief secretary to the state government to set up special courts in all districts as per the SC/STs Rules, 2016. National Commission for SC/ST Director S Ravivarman had sent a letter to the chief secretary on December 4, and said that a petition was received by the National …

1 year, 1 month ago

Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court

Live Law

The Allahabad High Court recently observed that in cases where an appeal against an order would lie under Section 14A of the SC/ST Act, 1989, the aggrieved person cannot invoke the inherent jurisdiction of the High Court under Section 482 CrPC to challenge the order. The Court also noted that Section 14-A starts with the words “notwithstanding anything contained in …

1 year, 1 month ago

SC/ST Act | No Absolute Bar Against Grant Of Anticipatory Bail If Alleged Offences Prima Facie Not Made Out: Orissa High Court Reiterates

Live Law

The Orissa High Court, on Thursday, reiterated that there is no absolute bar against grant of anticipatory bail to an accused under the Scheduled Caste and Scheduled Tribe Act, 1989, if no prima facie offence is made out. While clarifying the implications of Section 18 and Section 18A of the Act, the Single Bench of Justice Sashikanta Mishra held – …

1 year, 3 months ago

Matter Of Legislative Policy: Karnataka High Court Dismisses Plea Seeking To De-Recognize Certain Communities As Scheduled Tribes

Live Law

The Karnataka High Court has dismissed a public interest litigation seeking to quash the enlistment of certain communities as Scheduled Tribes in the Constitution Order Act, 1991 & the Constitution Order Act, 2020. A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit dismissed the petition filed by Dr Ambedkar Scheduled Castes Federation Karnataka, through its …

1 year, 6 months ago

Top Court To Examine SC/ST Reservation

Deccan Chronicle

New Delhi: The Supreme Court has scheduled a hearing for November 21 to address pleas challenging the constitutionality of extending reservation benefits to Scheduled Castes and Scheduled Tribes in Lok Sabha and state Assemblies beyond the originally envisioned 10-year period in the Constitution. Chandrachud, will assess the validity of the 104th Constitutional Amendment Act, which extended SC and ST quotas …

1 year, 6 months ago

SRA 2018 Made Specific Performance Of Contract General Rule Rather Than Exception, Legislative Shift Towards Stronger Enforcement Of Contracts: Delhi HC

Live Law

The Delhi High Court has observed that the Specific Relief Act, 2018, has changed the nature of specific relief from an equitable, discretionary remedy to a statutory remedy and has made specific performance of a contract a general rule rather than an exception.A division bench of Justice Manmohan and Justice Saurabh Banerjee said that the 2018 Amendment Act has brought …

2 years, 1 month ago

Accused Under SC/ST Act Cannot Directly Approach High Court For Bail Or Anticipatory Bail: Kerala High Court

Live Law

The Kerala High Court recently held that a person accused of offences punishable under the Scheduled Castes and the Scheduled Tribes Act, 1989 cannot directly approach the High Court seeking bail. On dealing with the question of whether the fresh bail application can be entertained, the court observed as thus: As per Section 14-A, it has been specifically provided that, …

2 years, 3 months ago

Accused Under SC/ST Act Cannot Directly Move High Court For Anticipatory Bail, Must Approach Special Courts First: Punjab & Haryana HC

Live Law

The Punjab and Haryana High Court has ruled that an accused under the Scheduled Castes and the Scheduled Tribes Act, 1989 is first required to approach the Special Court for anticipatory bail as the high court's original jurisdiction under Section 438 CrPC in such cases stands excluded.Dismissing an anticipatory bail plea of an accused who had directly approached. The Punjab …

2 years, 4 months ago

SC issues notice to Centre, ECI on plea challenging act which restricts prisoners from voting

India Today

The Supreme Court on Monday issued a notice to the central government and the Election Commission of India on a petition which challenged Section 62 of the Representation of the People Act, 1951. The petition said that the provision deprives prisoners of their right to vote and should be struck down for suffering from an “incurable vice of unconstitutionality”. The …

2 years, 5 months ago

Supreme Court Notice to Centre on Plea Challenging Amendment to Juvenile Justice Act

News 18

The Supreme Court Monday sought a response from the Centre to a plea challenging the recent amendment to the Juvenile Justice Act, 2015 by which certain categories of offences against children have been made non-cognizable. The top court was hearing a plea filed by Delhi Commission for Protection of Child Rights challenging the amendment made to the Juvenile Justice Act, …

2 years, 6 months ago

Whether One Can Be Deprived Of Immunity From Arrest By Retrospective Operation Of Judgment? Supreme Court Constitution Bench To Hear From Nov 1

Live Law

A Constitution Bench of the Supreme Court will commence hearing on the issue of whether striking down of a provision granting immunity from arrest would have retrospective application, especially in view of rights protected under Article 20 of the Constitution of India, 1950, from 1st November, 2022. Senior Advocate, Mr. Arvind Datar apprised the Bench of the crux of the …

2 years, 7 months ago

Section 14A Of SC/ST Act Contains No Limitation Period To Bar Filing Of Appeal Against Order Under 1989 Act: Allahabad High Court

Live Law

The Allahabad High Court has observed that Section 14A of SC/ST Act, 1989 puts no limitation on filing an appeal against an order under the provisions of the 1989 Act.The Bench of Chief Justice Rajesh Bindal, Justice Ajai Kumar Srivastava-I and Justice Saurabh Lavania clarified that after the Allahabad High Court struck down the second proviso to sub-section. The Allahabad …

2 years, 10 months ago

No Untoward Incident Has Occured: Gujarat High Court Dismisses Plea For Cancellation Of Bail Of Accused Under SC/ST Act

Live Law

Observing that no untoward incident has taken place since the persons accused under the Scheduled Castes and Scheduled Tribes Act, 1989 were released on bail, the Gujarat High Court has refused to entertain an application preferred by the complainant for cancellation of bail.Bench comprising Justice Ashutosh Shastri observed,"Trial is already set on motion and the. Observing that no untoward incident …

3 years ago

SC /ST Prevention Of Atrocities Act Is Prospective In Nature, Act Committed Prior To Its Enactment Not An Offence: Karnataka High Court

Live Law

The Karnataka High Court has held that the Scheduled Castes and Schedule Tribes Act 1989, is prospective in nature and alleged acts committed before its enactment cannot be an offence. It added, "The above apart, the alleged acts do not constitute an offence under the Scheduled Castes and Scheduled Tribes Act, 1989, which is prospective in operation, there being constitutional …

3 years, 1 month ago

Calcutta High Court Directs State To Disclose Number Of Pending Cases Under SC/ST Act In WB

Live Law

The Calcutta High Court on Monday directed the State government as well as the High Court administration to file an affidavit disclosing the existing number of pending cases under the Scheduled Castes and the Scheduled Tribes Act, 1989 in the State as on January 31, 2022. A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj was adjudicating upon …

3 years, 4 months ago

'Atrocities Against SC-STs Not A Thing Of Past': Supreme Court Says 'Shoddy Investigation' Reason For Many Acquittals

Live Law

"Atrocities against members of the Scheduled Castes and Scheduled Tribes are not a thing of the past. ", the Supreme Court remarked in its judgment holding that the requirement under Section 15A of SC-ST Act of issuing notice of a court proceeding to a victim or a dependent is mandatory. The bench headed by Justice DY Chandrachud observed that many …

3 years, 4 months ago

SC/ST Act - Notice To Victim Under Section 15A In Court Proceedings Against Accused Is Mandatory : Supreme Court

Live Law

The Supreme Court observed that requirement under Section 15A of SC-ST Act of issuing notice of a court proceeding to a victim or a dependent is mandatory.The bench of Justices DY Chandrachud and BV Nagarathna observed that, as per this requirement, a reasonable and timely notice must be issued to the victim or their dependent.Under Section 15A, a victim or. …

3 years, 8 months ago

Supreme Court Issues Notice On Challenge Against Tamil Nadu Law On Reservation For Most Backward Classes & Denotified Communities

Live Law

The Supreme Court on Friday issued notice on two petitions challenging Tamil Nadu Special Reservation of Seats in Educational Institutions and in appointments under the State within Reservation for Most Backward Classes and Denotified Communities Act, 2021.A Bench of Justices L. Nageswara Rao and S. Ravindra Bhat tagged the pleas with two other pending petitions on a similar issue. The …

4 years, 2 months ago

ST Act, 39% of cases filed for atrocities against women were fake

Op India

In a significant disclosure, the Rajasthan police have revealed that nearly 40 per cent of the cases filed in the state in 2020 under The Scheduled Castes and Tribes Act, 1989 were found to be fake, reports Indian Express. According to the Indian Express report, the Rajasthan police have shared the official records which show that 39.55 per cent of …

4 years, 2 months ago

Supreme Court Issues Notice On Plea For Appointment Of Full-Time Chairman, VC, Members Of National Commissions For SC, ST

Live Law

The plea urges that owing to the glaring vacancies/non-appointment of the Chairmen/Chairpersons and key high-officers, these Commissions have failed to provide any relief in matters relating to the SCs and STs of India. Also, they have miserably failed in their duty of publishing their Annual Reports on the developments and working of the safeguards put in place, as to the …

4 years, 3 months ago

SC To Consider Tomorrow Plea Seeking Extra Chance For UPSC Aspirants Who Gave Last Attempt In Civil Service Exams This Year

Live Law

The Supreme Court will consider tomorrow a petition filed by civil service aspirants seeking an extra attempt in the UPSC exams for those candidates who had their last attempt in the preliminary exam held in October 2020.The case titled "Rachna Singh v Union of India" is listed before a bench comprising Justices AM Khanwilkar, BR Gavai and Krishna Murari tomorrow.On …

4 years, 9 months ago

SC Issues Notice On Plea Seeking Clarification On The Issue Of Applicability Of Extended Limitation Period On Section 167(2) CRPC

Live Law

The Supreme Court on Monday issued notice on an an application seeking a clarification that the earlier order of top court extending the limitation period with effect from March 15 does not cover the time limit prescribed under Section 167 of the Code of Criminal Procedure for grant of bail.A bench of Chief Justice SA Bobde, Justices AS Bopanna & …

5 years, 1 month ago

SC verdict upholding Centre's amendments to SC/ST Atrocities Act restores law's original intent, corrects flawed 2018 judgment

Firstpost

The apex court’s verdict of March 2018 on the Atrocities Act would have rendered a crucial legislation meant to protect the marginalised sections of society toothless. The Supreme Court’s judgment on Monday upholding the amendments made by the Centre through the Scheduled Castes and Scheduled Tribes Amendment Act, 2018, is a welcome act of self-correction. After the Supreme Court’s 2018 …

5 years, 1 month ago

SC/ST Act valid, rules apex court

Deccan Chronicle

New Delhi: The Supreme Court on Monday upheld the amendment to the SC/ST Act by which Parliament had restored the stringent provisions of the law which were watered down by the court by its March 2018 judgment. Upholding the amendments to the SC/ST Act brought in to neutralise the dilution of the stringent provisions by the Supreme Court’s 2018 ruling, …

5 years, 1 month ago

Section 438 (Anticipatory Bail) Has No Application To Cases Under SC/ST Act Except When There Is No Prima Facie Case Is Made Out: SC [Read Judgment]

Live Law

The Supreme Court has observed that provisions of section 438 of the Code of Criminal Procedure shall not apply to the cases under Scheduled Castes and Scheduled Tribes Act, except when the complaint does not make out a prima facie case for applicability of the provisions of the Act.In cases where prima facie case is not made out, the bar. …

5 years, 1 month ago

Supreme Court upholds Centre's 2018 amendments in SC/ST Atrocities Act, says no provision of anticipatory bail for accused

Firstpost

The top court also upheld Centre’s directive that anticipatory bail to the accused charged with atrocities against SC/ST will not be provided. No prior approval of appointing authorities for senior police officers is needed to file FIRs in cases of atrocities on SC and ST. #SupremeCourt upholds Govt's 2018 amendments in the SC/ST Act: * Preliminary enquiry not a must …

5 years, 1 month ago

[Breaking] SC Upholds Validity Of SC/ST Amendment Act 2018 [Read Judgment]

Live Law

In a notable judgment, the Supreme Court has upheld the constitutional validity of Scheduled Castes and Scheduled Tribes Amendment Act of 2018, which was enacted to nullify the effects of the March 20, 2018 judgment of the SC which had diluted the provisions of the Act.A bench comprising Justices Arun Mishra, Vineet Saran and Ravindra Bhat had reserved judgment on. …

5 years, 1 month ago

Supreme Court upholds SC/ST Amendment Act, new law has no provision for anticipatory bail

India Today

Supreme Court on Monday upheld the constitutional validity of the Scheduled Castes and Scheduled Tribes Amendment Act of 2018 enacted to nullify the effects of the March 20, 2018 judgment of the court which had diluted the provisions of the Act. In its September 30 verdict, the Supreme Court's three-judge bench had recalled its March 20, 2018 order that had …

5 years, 2 months ago

SC Issues Notice On Plea Challenging Validity Of NIA Amendment Act 2019

Live Law

A Supreme Court bench comprising Justices R F Nariman and Ravindra Bhat on Monday issued notice to the Centre on a writ petition which challenged the constitutional validity of the National Investigation Agency Act 2019.The Amendment Act expanding the power of the National Investigating Agency was passed by the Parliament during the 2019 monsoon session.Senior Advocate Santhosh. A Supreme Court …

5 years, 5 months ago

SC Reserves Judgment On Challenge To SC/ST Amendment Act 2018

Live Law

The Supreme Court on Thursday reserved judgment on the petitions challenging the constitutional validity of the Scheduled Castes and Scheduled Tribes Amendment Act of 2018 enacted to nullify the effects of the March 20, 2018 judgment of the SC which had diluted the provisions of the Act. Indicating that the amendments will be upheld, the bench of Justices Arun Mishra, …

5 years, 5 months ago

Supreme Court restores arrest rule in SC, ST cases

Deccan Chronicle

New Delhi: The Supreme Court on Tuesday said that laws to curb social discrimination are misused on account of human failing, and not because the castes or tribes sought to be protected were taking advantage of the law. Caste is not attributable to such an act.” “There is no presumption that the members of the Scheduled Castes and Scheduled Tribes …

5 years, 5 months ago

Supreme Court recalls 2018 order diluting provisions of arrest under SC/ST Act, says struggle for equality not yet over

Firstpost

The Supreme Court on Tuesday recalled its direction in the 20 March 2018 verdict which had virtually diluted provisions of arrest under the Scheduled Caste and Scheduled Tribes Act New Delhi: The Supreme Court on Tuesday recalled its direction in the 20 March 2018 verdict which had virtually diluted provisions of arrest under the Scheduled Castes and Scheduled Tribes Act. …

5 years, 5 months ago

SC/ST Act: Supreme Court recalls directions of March 2018 verdict

India TV News

The Supreme Court on Tuesday recalled its direction in the March 20, 2018 verdict which had virtually diluted provisions of arrest under the SC/ST Act. Indicating that it would pass certain directions to "bring in equality" as per provisions of the law, the top court had said people belonging to scheduled castes and scheduled tribes are subjected to "discrimination" and …

5 years, 5 months ago

Supreme Court recalls verdict diluting SC/ST anti-atrocities law

The Hindu

Correcting an error of judgment, the Supreme Court on Tuesday recalled its March 20, 2018 verdict, which bent the written law to protect persons accused of committing atrocities against the Scheduled Castes and the Scheduled Tribes. Goel diluted the Scheduled Castes and Scheduled Tribes Act of 1989, to grant anticipatory bail to accused persons and directed that the police should …

6 years ago

Amended SC-ST Act Does Not Limit Court's Jurisdiction To Grant Anticipatory Bail In Cases Where No Offence Is Made Out: Calcutta HC

Live Law

The Calcutta High Court has granted anticipatory bail to a journalist who was charged under section 3 of the Scheduled Castes and Scheduled Tribes Act, 1989. The bench comprising Justice Joymalya Bagchi and Justice Manojit Mandal observed that, notwithstanding incorporation of section 18A into the Act, limited jurisdiction of the Court to examine the uncontroverted allegations in the FIR to …

6 years, 2 months ago

SC/ST Act: CJI To Consider Listing Of Centre's Review Petition And Challenge Against Amendments Together

Live Law

The Supreme Court on Friday said it will consider listing the Centre's review petition against Judgment in Dr. Subhash Kashinath Mahajan case, and petitions challenging the amendments to the Scheduled Castes and the Scheduled Tribes, together before an appropriate bench. Attorney General K K Venugopal said that a bench headed by Justice A K Sikri had on Thursday passed an …

6 years, 5 months ago

SC Adjourns Hearing Of Petition Challenging Validity Of SC/ST Amendment Act To Nov 20

Live Law

The Supreme Court bench of Justices A. K. Sikri and Ashok Bhushan on Monday adjourned to November 20, being a Non-Miscellaneous Day, the hearing on a string of petitions challenging the Scheduled Castes and Scheduled Tribes Amendment Act of 2018.Regarding it as a “minor modification”, Solicitor General Tushar Mehta requested for time until Friday to file. The Supreme Court bench …

6 years, 6 months ago

Another Plea In SC Against SC-ST Amendment Act, Says It Is ‘Divisive’ For The Nation [Read Petition]

Live Law

The Supreme Court has been moved, yet again, challenging the Scheduled Castes and the Scheduled Tribes Amendment Act, 2018, saying it bypasses the apex court’s order against arbitrary arrest under the Act and “is an attempt to separate the society unfairly”.The petition filed by India for Rule of Law Foundation and advocate Vikas Parashar prayed for striking. The Supreme Court …

6 years, 6 months ago

Another Plea In SC Against SC-ST Amendment Act, Says It Is ‘Divisive’ For The Nation [Read Petition]

Live Law

6 years, 6 months ago

New amendments to SC/ST Act by Parliament cannot be stayed, says Supreme Court; asks for Centre's response on pleas

Firstpost

The new amendments to the SC/ST law passed by Parliament cannot be stayed at this stage, the Supreme Court said Wednesday, as it sought the Centre’s response on a batch of pleas challenging the fresh provisions. New Delhi: The new amendments to the SC/ST law passed by Parliament cannot be stayed at this stage, the Supreme Court said Wednesday, as …

6 years, 6 months ago

SC Issues Notice On Petitions Challenging Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act of 2018

Live Law

The Supreme Court bench of Justices A. K. Sikri and Ashok Bhushan on Friday issued notice to the Centre on a string of petitions challenging the Scheduled Castes and Scheduled Tribes Amendment Act of 2018.However, the bench declined to stay the Amendment without according an opportunity of being heard to the government. The Supreme Court bench of Justices A. K. …

6 years, 6 months ago

SC's effort to dilute Atrocities Act fraught with blind spots, threatened to do Dalits yet another injustice

Firstpost

Most of us can never understand the plight of the lakhs of Dalits and therefore can never convince ourselves with a valid justification of the Atrocities Act It was the first week of April 2018. Background to the Act Before delving into the falsity in the decision of the Supreme Court, what is required is to understand why, in the …

6 years, 7 months ago

Second Challenge to SC/ST Amendment Reaches Supreme Court [Read Petition]

Live Law

Claiming that the 2018 amendment to the Scheduled Castes and Scheduled Tribes Act of 1989 has become an “instrument to blackmail” innocent citizens and public servants, Advocate Sandeep Lamba has approached the apex court for the amendment to be declared unconstitutional.It may be noted that earlier this week, lawyers Prithviraj Chauhan and Priya Sharma had. Claiming that the 2018 amendment …

6 years, 7 months ago

RS passes amendments to SC/ST Act

The Hindu

The Rajya Sabha on Thursday unanimously cleared the amendments to the Scheduled Castes and Scheduled Tribes Act, overturning a March 2018 Supreme Court judgment pertaining to safeguard against the arrests under the Act. Special courts in States Replying to the debate on the Bill, Minister of Social Justice and Empowerment Thawar Chand Gehlot said: “Prime Minister Narendra Modi has assured …

6 years, 7 months ago

No Anticipatory Bail, Preliminary Inquiry: Parliament Passes Schedule Caste & The Schedule Tribes (Prevention of Atrocities) Amendment Bill, 2018

Live Law

Today the Rajya Sabha passed the Scheduled Castes and Scheduled Tribes Amendment Bill 2018, which was cleared by the Lok Sabha on Monday.The Amendment Bill seeks to dilute the controversial verdict of the Supreme Court in Dr. Subhash Kashinath Mahajan.By way of the Amendment, a new section 18A has been inserted in the Act of 1989, which does away with …

6 years, 7 months ago

No Anticipatory Bail, Preliminary Inquiry: Parliament Passes Schedule Caste & The Schedule Tribes (Prevention of Atrocities) Amendment Bill, 2018

Live Law

6 years, 7 months ago

LS passes SC/ST amendment Bill

The Hindu

The Lok Sabha on Monday passed the Scheduled Castes and Scheduled Tribes Amendment Bill, 2018, to bypass the recent ruling of the Supreme Court laying down procedures for arrests under the Act. The Bill inserts section 18A in the 1989 Act, that says a “preliminary enquiry shall not be required for registration of an FIR against any person.” The Bill …

6 years, 7 months ago

No Anticipatory Bail, Preliminary Inquiry: Loksabha Passes Schedule Caste & The Schedule Tribes (Prevention of Atrocities) Amendment Bill, 2018

Live Law

Even as the review of the controversial verdict of the Supreme Court in Dr. Subhash Kashinath Mahajan lies pending, the 2018 Amendment to the Scheduled Castes and Scheduled Tribes Act of 1989 has been cleared by the Lok Sabha on Monday, rendering the judgment redundant.By way of the Amendment, a new section 18A has been inserted in the Act of …

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18 hours, 52 minutes ago

Madras High Court Bench Which Questioned ED Action Recuses From Hearing Plea Against TASMAC Raids

Live Law

Two judges of the Madras High Court have recused from hearing the petitions filed by the Tamil Nadu Government and the TASMAC against the searches conducted by the Enforcement Directorate in the latter's headquarters on March 6th and March 8th this year. The court also pointed out that while the ED argued that it had enough materials, the TASMAC's grievance …

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20 hours, 22 minutes ago

The Indian Influence On Kenya's Mental Health Jurisprudence

Live Law

On the 9th of January, 2025, a landmark decision in Kenyan National Commission on Human Rights v. Attorney General delivered by the High Court of Nairobi declared section 226 of the Kenyan Penal Code, which criminalised attempted suicide, as unconstitutional. As observed by Justice Rohinton Nariman in his concurring opinion in Navtej Johar v. Union of India, the “inhumane” provision …

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23 hours, 49 minutes ago