The Right to Sit: Rethinking Workplace Conditions in India
by Akshaya Ganpath* and Saumya Tiwari**
Right to life
Punjab and Haryana HC orders flat allotment to slum dweller who was arbitrarily disqualified from Chandigarh Small Flats Scheme
The petitioner’s exclusion from the definition of ‘recognised resident’ appeared to be done through an ill-informed order with reasons not based on any cogent evidence.
NGT issues directives on remedial action in Shopian Jaundice outbreak due to Contaminated Water
The NGT found deficiencies in the response and reports from authorities, notably the absence of virological testing facilities in local labs, inadequate clarity on the water source, and inconsistent water quality across reports.
‘Protection of environment is inseparable part of Right to Life’; Rajasthan High Court takes Suo Moto cognizance on encroachment of water bodies
“Water is an invaluable and precious natural resource essential for the survival of all living beings. We cannot imagine life without water. Let it be animals, plants, they require water to complete their daily metabolic activity.”
Cases Reported in HCC
(2023) 1 HCC (All) GST — Search and Seizure — Determination of Tax — Challenge against the order wherein tax of Rs
‘Article 21 includes right to safe and healthy food’; Rajasthan High Court issues interim measures to curb food adulteration
“Food adulteration is an increasingly recognized global public health problem… Adulteration or contamination of natural food product is one of the major challenges in today’s society.”
Taking away/withholding retiral benefits amounts to denial of ‘Right to life’: Rajasthan High Court
Rajasthan High Court held that retiral benefits are earned by employees for their services and should not be deprived due to non-job-related legal matters.
Embryos kept in a cryogenic nursery are “children” as per Alabama’s Wrongful Death of a Minor Act: Supreme Court of Alabama
The Court held that Wrongful Death of a Minor Act provides a cause of action for the death of any “minor child,” without exception or limitation, which means it also includes frozen embryos.
Snatching away a job offends pith and substance of fundamental right to life: Karnataka HC
“In a society like ours, job more often than not, happens to be predominant source of livelihood and therefore snatching away a job, virtually amounts to taking away the means of livelihood of the employee.”
High Courts or Sessions Courts can grant transit anticipatory bail in FIRs registered outside their jurisdiction, subject to conditions: SC
Since anticipatory bail as well as transit anticipatory bail are intrinsically linked to personal liberty under Article 21 of Constitution, it would be necessary to give a constitutional imprimatur to the evolving provision of transit anticipatory bail.
[Transit anticipatory bail] High Courts, Sessions Courts can grant pre-arrest bail, even if FIR is registered in different State: Supreme Court
Supreme Court warned against forum shopping and clarified that accused cannot travel to any other State, solely for filing bail pleas without clear reasons.
Supreme Court Verdict on Same Sex Marriage: Breakdown of the Agreements and Disagreements
In a verbose verdict running into 366 pages, the 5-judge Constitution Bench of Dr DY Chandrachud, CJI and Sanjay Kishan Kaul, S. Ravindra Bhat, Hima Kohli, PS Narasimha, JJ wrote 4 opinions on the Same Sex Marriage matter where they agreed on some points and disagreed on others.
Delhi High Court directs Rs 50,000 as compensation to be drawn from salaries of errant policemen for illegal detention for half an hour
A punishment of censure which is not likely to have any effect on the career of the police officers will not be a sufficient deterrent to the officer. The censure should be of such nature that other officers too must not emulate such actions in future.
[S. 376 IPC] ‘Status of applicant is merely of a suspect being innocent till proven guilty’; Delhi HC grants bail
The applicant behind bars will be violative of Article 21 as the status of the applicant is merely that of a suspect till the outcome of the proceedings emanating therefrom as the applicant is innocent till proven guilty.
Does refusing paternity leave to father violate a newborn child’s right to life? Madras High Court answers
The Central Civil Services (Leave) Rules, 1972 provides with paternity leave. But such a welfare measure is not provided by the various states in India, including the state of Tamil Nadu. This case marks the need for paternity leave legislation in India.
“Irreversible loss if apprehension of threat to lives comes true”; Punjab and Haryana HC allows police protection for couple
P&H High Court clarified that the matter was not adjudicated on merits and the instant order was not a blanket bail in any FIR.
Classic case of lethargic attitude of bureaucrats in India; Madras HC directs DGP to examine representation by Inspector for release of salary
Due to non-payment of salary and non-consideration of petitioner’s representation for four years, all of his family members had suffered mentally and financially.
[Explained] Allahabad High Court verdict in Inter -Religion Live-in Couple’s Protection Plea
Awareness has to be created in young minds not just from the point of view of emotional and societal pressures that Live -in relationships may create, but also from the perspective that it could give rise to various legal hassles.
‘Petition appears to seek Court’s seal on second relation’; Punjab and Haryana High Court refuses Police Protection for Muslim Marriage
“Person who does not do equity with others and even to the life companion, cannot approach the Court to seek approval of his relation under the umbrella of Article 21 of the Constitution of India.”
‘Right to life encapsulates right to construction of road, even to a solitary villager’: Punjab and Haryana High Court to Gram Panchayat
Even if a single individual may be benefitted from the construction of revenue ‘rasta’ at the instance of the Revenue Collector, it is not sufficient and well-informed reason for the Panchayat to resist compliance with orders of the Collector.