unconstitutional

How the Court decides the ‘Rarest of the Rare’ case for the Death Penalty

How the Court decides the ‘Rarest of the Rare’ case for the Death Penalty

The death penalty is the execution of an offender according to the legal procedure of the state in which it exercises its power to take an individual’s life. The death penalty, which is the highest punishment that is present in India currently, is only awarded in the occurrence of the most heinous crimes and is…

Constitutional Challenge to the Transgender Act

Constitutional Challenge to the Transgender Act

The Transgender Persons (Protection of Rights) Act was introduced by the Ministry of Social Justice and Empowerment on 5th August 2019. The main objective of this Act was to provide rights pertaining to the protection of the transgenders in India and enhances the welfare of these citizens, to ensure equality amongst all. The Act has…

‘Two-Finger Test’ Unconstitutional As Violative Of Woman’s Right To Privacy and Dignity

‘Two-Finger Test’ Unconstitutional As Violative Of Woman’s Right To Privacy and Dignity

The Two-Finger Test is a method used by doctors to determine whether a victim is “habituated to sexual Intercourse” by checking the laxity of the vaginal muscles using his fingers.  This test has been disapproved of by the Supreme Court in a plethora of cases including Rajesh v. State of Haryana and Anr., 2012 wherein…

A gay couple moves Kerala High Court for recognition of homosexual marriages

A gay couple moves Kerala High Court for recognition of homosexual marriages

A gay couple (Nikesh PP and Sonu MS) has filed a writ petition in the Kerala High Court challenging certain provisions of the Special Marriage Act, 1954 contending that the Act only permits solemnization of marriage between heterosexual individuals. The petitioners in their plea have contended that the statute is declared unconstitutional on the ground…

Adultery: No longer an offence under IPC

Adultery: No longer an offence under IPC

Section 497 of the Indian Penal Code, 1860 provides punishment for Adultery. Until 2018, Adultery was treated as a punishable offence and only the male offender was liable to be punished with imprisonment extending up to five years, with or without fine, or both. The section did not prescribe any punishment to the wife of…

State of Chattisgarh files suit in SC against NIA Act

State of Chattisgarh files suit in SC against NIA Act

The Chhattisgarh government is the first state government to challenge the Act. The state of Chhattisgarh has filed a suit against the Central government in the Supreme Court, challenging the constitutional validity of the National Investigation Act, 2008. CHALLENGING GROUNDS: Chhattisgarh has argued that the NIA Act is beyond “legislative competence of the Parliament” and…

Internet shutdown in Kashmir unconstitutional: SC

Internet shutdown in Kashmir unconstitutional: SC

After 5 months of internet shutdown in Kashmir, the longest in any democracy, the Supreme Court gave constitutional validity to internet as a mean to exercise the right to freedom of speech and expression and the right to carry on trade or business. In a PIL filed by Kashmir Times on 10th August 2019, the…

SC to review validity of Triple Talaq law, issues notice to centre

SC to review validity of Triple Talaq law, issues notice to centre

The Supreme Court on Friday agreed to examine the validity of a newly enacted law which makes the practice of instant divorce through triple talaq among Muslims a punishable offence entailing imprisonment of up to three years.  A bench of justices N V Ramana and Ajay Rastogi issued notice the Centre on a batch of…

Retired bureaucrats, military officers move SC over abrogation of Article 370, bifurcation of Kashmir

Retired bureaucrats, military officers move SC over abrogation of Article 370, bifurcation of Kashmir

Retired military officers and bureaucrats on Saturday filed a petition in the Supreme Court, challenging the Presidential order by which Article 370 was abrogated, saying that the order was constitutionally invalid. The petitioners have also challenged the Jammu & Kashmir Reorganisation Bill. The petitioners include former Air Vice Marshal Kapil Kak, Retired Major General Ashok…

Prisoners do not have voting rights : EC tells Delhi HC

Prisoners do not have voting rights : EC tells Delhi HC

On Monday, The Delhi High Court was informed by the Election Commission of India (ECI) that prisoners do not have voting rights under the Representation of People Act and it has been upheld by the Supreme Court. The poll panel said the right to vote is a statutory right created under Section 62 of the…

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