Right To Die : Supreme Court To Hear Plea Seeking Modification Of Guidelines Issued Regarding "Living Will" On 23rd November

A Constitution Bench of the Supreme Court, on Thursday, decided to hear the Miscellaneous Application seeking modification of the guidelines for Living Will/Advance Medical Directive that was issued by the Apex Court in its judgment dated 09.03.2021, on 23rd November, 2022. Appearing before a Bench comprising Justices K.M. Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy...

Supreme Court To Hear Plea Seeking Reforms In The Process Of Appointment Of Members of the Election Commission on 17th November 2022

A Constitution Bench of the Supreme Court, on Thursday, decided to hear petitions recommending reform in the process of appointment of members of the Election Commission of India and some supplementary suggestions, on 17th November, 2022. Advocate, Mr. Prashant Bhushan appearing on behalf of the petition in the lead matter apprised the Bench comprising Justices K.M....

Refusal To Dissolve Marriage Despite Its Breakdown Amounts To Mental Cruelty: Sr.Ad V Giri Tells Supreme Court

Senior Advocate V. Giri on Thursday told a Constitution Bench of the Supreme Court that 'irretrievable breakdown of marriage' could be read into the broad ground of cruelty under the Hindu Marriage Act, 1956, which had been judicially interpreted to include mental cruelty. However, Giri argued, the family court and the High Court could only grant a divorce for reasons...

State Must Create Awareness Among Public About Safe Sexual Practises, Ensure Access To Affordable Contraceptives : Supreme Court

The Supreme Court bench comprising Justices D.Y. Chandrachud, A.S. Bopanna and J.B. Pardiwala, on Thursday, pronounced a significant judgement on abortion rights in India, holding that unmarried women were entitled to seek abortion of pregnancy in the term of 20-24 weeks arising out of a consensual relationship. The judgement also held that the meaning of rape must be held to include...

Right To Exit A Marriage A Fundamental Right, Locating Fault Not Necessary For Divorce: Indira Jaising Argues Before Supreme Court

Senior Advocate Indira Jaising on Thursday told a Constitution Bench of the Supreme Court that the right to enter a marriage, and as an extension, the right to exit the union, would be covered under the right to form associations under Article 19(1)(c) read with the right to life and liberty under Article 21. The senior counsel also argued that if a marriage had irretrievably...

Supreme Court Constitution Bench To Hear Pleas Challenging Constitutionality of Laws Permitting Jallikattu From Nov 23

A Constitution Bench of the Apex Court will commence hearing pleas challenging Tamil Nadu, Maharashtra and Karnataka laws that allow bull-taming sport 'Jallikattu' and bullock cart races on 23rd November, 2022. On Tuesday, the matter was listed before a bench comprising Justices K.M. Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and C.T. Ravikumar.Senior Advocates, Mr. Shyam Divan,...

Data Protection Bill Being Prepared, Says Centre; Supreme Court Adjourns Case Against WhatsApp Privacy Policy To Jan 2023

Considering the Centre's statement that a bill relating to personal data protection is being prepared, the Supreme Court on Thursday adjourned to January 2023 the hearing of petitions challenging messaging platform WhatsApp's privacy policy.A Constitution Bench bench comprising Justices KM Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravikumar was hearing the petitions which...

Can Marriage Be Dissolved By The Supreme Court In Exercise Of Its Powers Under Article 142? Hearing Concludes, Judgement Reserved

A Constitution Bench of the Supreme Court on Thursday reserved judgment on a batch of petitions raising common questions of law, namely, whether it could exercise its powers under Article 142 to dissolve a marriage, what were the broad parameters to exercise such power, and whether the invocation of such extraordinary powers was allowed in the absence of the mutual consent of...

CSR-Funded Private Jails : Supreme Court Gives Suggestions To Centre On Prison Reforms

Noting the questionable conditions of jails in the country, the Supreme Court of India on Thursday gave an innovative suggestion, with a view to make the lives of prisoners better. A Bench headed by Justice KM Joseph suggested the idea of private jails and recommended to have large corporates, as part of their Corporate Social Responsibility, to build jails."There's a study of prisons. It's...

Adultery Tears Apart Families; Should Not Be Taken Lightly: Justice KM Joseph

Supreme Court judge Justice KM Joseph observed that adultery creates deep pain and tears apart families, therefore, matters concerning it should not be taken lightly. Justice KM Joseph orally observed, "All of you counsel are aware of the pain, deep pain that adultery creates in a family. We have held so many sessions as judges in the High Courts, habeas corpus jurisdiction, we have seen...

Consent Of Woman's Family Not Needed For Abortion, Doctors Cannot Impose Extra Legal Conditions : Supreme Court

The Supreme Court observed that a woman who seeks legal abortion cannot be required to seek consent from her family.It is only the woman's consent (or her guardian's consent if she is a minor or mentally ill) which is material, the bench of Justices DY Chandrachud, A.S. Bopanna and J.B. Pardiwala observed.A common yet lamentable practiceThe court noted that it is a common yet lamentable...

"Right Of Undertrial To Receive Medical Attention" : Supreme Court Directs To Take Bhima Koregaon Case Accused Gautam Navlakha To Hospital Immediately

While considering the petition filed by Bhima Koregaon case accused Gautam Navlakha seeking transfer to house arrest, the Supreme Court on Thursday directed that he be taken to a hospital of his choice immediately for a thorough medical check-up.The Court will consider his plea next on October 21. The hospital has been asked to submit a report to the Court based on the check-up.The 73-year...