Rights Issues

A cautionary note for judiciary

Justice Chandrachud calls to balance group rights with individual freedoms Justice D.Y. Chandrachud, in his separate opinion in the Sabarimala case on Friday, proposed a new method on how courts should deal with ecclesiastical matters of religion and faith. The judge observed that courts should adopt a deferential attitude to …

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Not a crackdown on dissent, says SC

Rejects SIT probe into activists’ arrest The Supreme Court, in a majority opinion on Friday, held that the pan-India crackdown and arrests of five activists in the Bhima-Koregaon violence case on August 28 was not an attempt to silence dissent. Chief Justice of India Dipak Misra and Justice A.M. Khanwilkar …

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Sabarimala temple entry verdict today

The Kerala government, which has been changing its stand on the contentious issue of women of the menstrual age group entering the Sabarimala temple, had on July 18 told the Supreme Court that it now favoured their entry. The apex court had on October 13 last year referred the issue …

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Section 497 archaic: Justice Nariman

Marriage does not mean ceding autonomy, say Justice Chandrachud Justice Rohinton Nariman, in his separate opinion but concurring judgment holding that adultery is not a crime, said Section 497 made a husband the “licensor” of his wife’s sexual choices. Justice Nariman listed out countries which had repealed adultery as a …

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Justice Nazeer for rethink on 1994 order

The statement that “praying in a mosque is not an essential part of Islam andnamaz by Muslims can be offered even in the open” by a Constitution Bench of the Supreme Court in a 1994 judgment played a role in the Allahabad High Court decision to partition the disputed Ram …

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Is it brakes on account opening?

It is the only digitally-available document for opening accounts online The Supreme Court ruling on Wednesday that Aadhaar is not mandatory for opening bank accounts could affect online opening of accounts. The State Bank of India, Axis Bank and Kotak Mahindra Bank are among the banks that allow opening of …

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Aadhaar gets thumbs up from Supreme Court

It said it was not trivialising the problem of exclusion faced by the elderly, the very young, the disabled and several others during the authentication process. Authentication was found to be only having a .232% failure, Justice Sikri pointed out. It was accurate 99.76% times, Justice Sikri said. He reasoned …

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Validation of UID principles: Nilekani

Infosys chairman Nandan Nilekani, who was the first Chairman of the Unique Identification Authority of India, has said that the landmark judgment was in favour of the unique identification programme. “More than just opining on the constitutionality of the Act, the Supreme Court has unequivocally validated the founding principles for …

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