Author: Srishty Bajaj

In a major development, the Supreme Court of India has appointed a Registrar as the “Court Commissioner” to inspect the Sanganer open-air prison in Rajasthan. This follows a contempt petition filed by the petitioner who alleged that the Rajasthan Government has encroached part of the prison area for the construction of a new 300-bed hospital. Balancing Competing NeedsOn November 25, 2024, the Supreme Court underlined the need to balance the requirements of an open correctional home with those of a hospital that caters to the needs of local residents. Solicitor General Tushar Mehta, representing the State of Rajasthan, showed a…

The Supreme Court has sought more stringent controls for dealing with passenger behavior of this nature while flying, in a disturbing incident involving urinating on a 73-year-old woman by an intoxicated male co-passenger aboard an Air India flight. The court inquiry made it clear that it has to be a very wide and comprehensive set of guidelines that can effectively handle these kinds of incidents. Courts and IssuesJustices B.R. Gavai and K.V. Viswanathan questioned the Union government over its protocols for identification of inebriated travelers before getting on board and in handling them in-flight during a hearing. The judges queried…

India Supreme Court has expressed deep apprehension over the trend in increasingly criminalizing consensual relationship after its termination. In this regard, the remark was made while quashing a rape FIR against an accused who had been a lady friend of the complainant for nearly a decade. The bench comprising Justices B.V. Nagarathna and N. Kotiswar Singh observed that use of criminal law in such contexts “makes serious inroads into the affairs of personal relationships”. Important Observations by the CourtThe Court observed that it has dealt with many cases where consensual relationships, which have turned sour later, have resulted in false…

A notable move by the Central government against the formation of a committee of retired judges to oversee the implementation of measures intended to curb the problem of stubble burning in Delhi-NCR. The proposal was moved by Senior Advocate Aparajita Singh, the amicus curiae appointed by the Supreme Court in the ongoing MC Mehta case. Proposal Summary Singh, during the court proceedings, proposed that a committee consisting of judges who had handled matters related to stubble burning and vehicular pollution be formed. She argued that due to their previous encounters with similar cases, these judges could better come up with…

The Gujarat High Court on November 21 made important observations as it heard a public interest litigation (PIL) challenging a state government resolution making the teachings of the Bhagavad Gita compulsory for students from Classes 6 to 12. During the hearing, the court observed the Bhagavad Gita is essentially a moral and cultural literature and not religious. Case BackgroundThe PIL was filed against a 2022 resolution by the Gujarat government’s education department, which sought to introduce values and principles from Bhagavad Gita into school education. The petitioners, among whom were Jamiat Ulama-e-Hind Gujarat and Jamiat Ulama Welfare Trust, averred that…

The Supreme Court of India has set up a National Task Force (NTF) regarding the matters of safety as, in general, applying to medical professionals in the entire country. This was on 20 August 2024, the day after the gruesome rape and murder of the trainee doctor at RG Kar Medical College Hospital in Kolkata. National Task Force FormationThe NTF was formed by a bench headed by Chief Justice DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra. The main objective behind the NTF is to create panoramic recommendations that will strengthen the safety and working environment of healthcare…

Recently, the Supreme Court of India has dealt with a landmark public interest litigation relating to feeding and childcare facilities in public places. The judgment delivered on November 19, 2024 throws open what needs to be done by the Union Government in the form of a clear action plan so that these necessary services are made available in public buildings. BackgroundThe writ petition was filed by the Maatr Sparsh NGO, which works for the cause of mothers and their children. According to the petition, there is no space in public areas for feeding and attending to infants, thus posing an…

IntroductionJayanarayan Mishra, a Bharatiya Janata Party MLA from Odisha who is accused ofslapping a female police officer during the February 2023 protest, has seen theSupreme Court dismiss his anticipatory bail plea. A bench of Justices Hrishikesh Royand SVN Bhatti observed, “Those in leadership positions have to set an example forpublic behaviour”. Background of the CaseThe events occurred on 15 February 2023, when BJP workers conducted sit-inagitation outside Sambalpur Collectorate. It is the contention of the petitioner thatwhen the police were trying to regulate the crowd, Mishra responded with filthywords and improper body contacts by slapping the lady officer on the…

Introduction Recently, the Supreme Court of India dismissed a plea that wanted mandatorydisclosure by the medical professionals regarding the risks and adverse effectsassociated with the prescribed medications. The petitioner has argued that anadditional slip in the regional language, along with the prescriptions, should includeall possible risks and side effects of pharmaceutical products. This case is importantto discuss what constitutes the rights of a patient and the responsibilities ofhealthcare providers. BackgroundAdvocate Prashant Bhushan presented the plea, pointing out that the majority ofpatient harms are caused by adverse drug reactions. He said “informed consent”requires patients to know their treatment’s contraindications. Contrarily, thoughmedicine…

The Supreme Court of India has delivered a significant judgment condemning the practice of “bulldozer justice,” emphasizing that such actions are incompatible with the principles of the rule of law. The ruling, authored by Chief Justice D.Y. Chandrachud, highlights the necessity for due process in demolishing properties, particularly when state authorities act against individuals accused of crimes. This decision marks a critical stance against arbitrary state actions that threaten citizens’ rights to their homes and properties. Background of the Case The judgment stems from a case concerning the illegal demolition of a house in Maharajganj district, Uttar Pradesh, in 2019.…