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Constitutional law

ARIF MD. YEASIN JWADDER versus STATE OF ASSAM AND ORS.

Although many of the appellant’s specific factual allegations lacked independent corroboration and, on the material before the Court, did not uniformly demonstrate wholesale breach of PUCL guidelines, the State’s own records indicated some instances warranting further independent evaluation; given the constitutional importance of Article 21 and the institutional role of human rights bodies, the High Court judgment dismissing the PIL was set aside and the matter was directed to be reinstated before the Assam Human Rights Commission for independent, expeditious inquiry with specified procedural…

Source excerpt

  • Public interest litigation
  • Police encounters
  • Extra-judicial killings
  • Right to life (article 21)
  • Pucl guidelines
  • Role of nhrc/shrc
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Constitutional law

LT. COL. NITISHA & ORS. versus UNION OF INDIA & ORS.

The Army’s evaluation procedure as implemented for the Special No.5 Selection Board produced indirect and systemic discrimination against women WSSCOs by (i) benchmarking their scores against the lowest selected male officer (an arbitrary and irrational step in the circumstances), (ii) restricting ACR consideration to the 5th/10th year thereby excluding subsequent achievements, and (iii) applying SHAPE-1 medical criteria belatedly without regard to medical status at the time they should have been considered; accordingly all women who fulfilled the 60% cut-off in the Special No.5 Selection Boa…

Source excerpt

  • Permanent commission (pc)
  • Short service commission (ssc)
  • Indirect discrimination
  • Systemic discrimination
  • Annual confidential reports (acr) evaluation
  • Shape-1 medical criteria
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Constitutional law

DR. ASHWANI KUMAR versus UNION OF INDIA AND ANOTHER

The Supreme Court cannot direct the legislature to enact a law or direct the executive to ratify the UN Convention against Torture, as such directions would violate the doctrine of separation of powers. The matter is under active consideration by the executive and Parliament, and judicial intervention is inappropriate except in cases of gross violation of human rights where the Court may issue guidelines. Existing guidelines and jurisprudence on custodial torture and compensation are sufficient and courts retain the jurisdiction to deal with individual cases.

Source excerpt

  • Custodial torture
  • Separation of powers
  • Right to life
  • Judicial review
  • Ratification of treaties
  • Legislative process
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Medical law

MS. Z versus THE STATE OF BIHAR AND OTHERS

The appellant, a major suffering from mild mental retardation but not mental illness, was entitled to give valid consent for termination of pregnancy. Hospital authorities acted negligently by not terminating the pregnancy in time, causing grave mental injury. Medical Board’s late report established risk to appellant’s life if termination was carried out, thus pregnancy could not be terminated. Compensation was warranted under public law for State’s failure, distinct from Victim Compensation under CrPC. Consent of guardian was not required; personal autonomy and reproductive rights were prote…

Source excerpt

  • Termination of pregnancy
  • Consent for medical procedures
  • Compensation for negligence
  • State liability
  • Women's reproductive rights
  • Mental health law
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Constitutional law

EXTRA JUDL. EXEC. VICTIM FAMILIES ASSN. & ANR. versus UNION OF INDIA & ORS.

Fake encounter killings, even if of considerable vintage, must be investigated thoroughly, and maintainability of the writ petition by third parties is upheld given constitutional obligations to provide access to justice; compensation paid to victims' families cannot bar criminal investigation. NHRC guidelines must be enforced and Central and State Governments are directed to facilitate their functioning; an independent Special Investigating Team under CBI is to probe these deaths with no involvement of Manipur Police.

Source excerpt

  • Fake encounter killings
  • Extra-judicial executions
  • Access to justice
  • Compensation
  • Public interest litigation
  • Delay/laches
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Constitutional law

NATIONAL CAMPAIGN ON DALIT HUMAN RIGHTS & ORS. versus UNION OF INDIA & ORS.

There has been failure by authorities in implementing the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Rules, 1995. Directions are issued to Central and State Governments and National Commissions to strictly enforce the provisions, ensure protection of SC/ST rights, and provide legal aid.

Source excerpt

  • Implementation of scheduled castes and scheduled tribes (prevention of atrocities) act, 1989
  • Enforcement of constitutional equality and protection against caste-based atrocities
  • Role of national commissions for scheduled castes and scheduled tribes
  • Requirement of establishing special courts
  • Provision of legal aid to scheduled castes and scheduled tribes
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Constitutional law

RE- INHUMAN CONDITIONS IN 1382 PRISONS (JI) versus .

Prisoners, whether under-trials or convicts, retain fundamental and human rights, including the right to life and dignity under Article 21. Over-crowding in prisons beyond permissible limits is inhuman and must be addressed by States and prison authorities, which are directed to prepare a viable Plan of Action for reducing prison population. Ministry of Women and Child Development must expedite preparation of the Manual for juveniles in custody.

Source excerpt

  • Over-crowding in prisons
  • Under-trial prisoners
  • Convict prisoners
  • Prisoners' fundamental rights
  • Human rights in custody
  • Preparation of manual for juveniles in custody
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Constitutional law

DEVIKA BISWAS versus UNION OF INDIA & ORS.

Union of India has a constitutional and overarching responsibility to ensure the ethical, informed, safe, and non-coercive implementation of the national sterilization program as part of population control and family planning; such programs impinge on fundamental rights under Article 21, requiring gender equity, transparency, accountability, and the discontinuation of unsafe camp practices. All guidelines and reporting mechanisms must be strictly adhered to by the Centre and States.

Source excerpt

  • Public interest litigation
  • Right to health
  • Reproductive rights
  • Sterilization procedures
  • Family planning
  • Gender equity
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Constitutional law

EXTRA JUDICIAL EXECUTION VICTIM FAMILIES ASSOCIATION (EEVFAM) & ANR. versus UNION OF INDIA & ANR.

Writ petition maintainable under Article 32 for gross human rights violations by state actors; allegations of extra-judicial executions must be enquired into by judicial or independent agencies; excessive or retaliatory force by state agencies is impermissible; the Constitution permits deployment of armed forces as aid to civil power but not as replacement; proceedings against alleged offenders in security forces may be instituted in criminal court subject to requisite procedure; effective inquiry mechanisms and remedies for victims are essential.

Source excerpt

  • Maintainability of writ under article 32
  • Extra-judicial executions
  • Armed forces (special powers) act
  • Use of excessive force by security forces
  • Duty of union government under article 355
  • Emergency powers under articles 352 and 356
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Property law

G. MANIKYAMMA & OTHERS versus ROUDRI CO-OPERATIVE HOUSING SOCIETY LTD. & OTHERS

The Human Rights Commission has no jurisdiction to decide disputes of title and possession over property. Until the procedure under Urban Land (Ceiling and Regulation) Act, 1976 s.10 is complied with, land remains private property and cannot be forcibly taken. All parties must use proper legal remedies.

Source excerpt

  • Jurisdiction of human rights commission
  • Urban land ceiling
  • Protection of human rights act
  • Adjudication of title and possession
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India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.