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There is sufficient material collected during investigation to indicate that the incident did take place and that slapping ‘G’ is an offence under Section 3(2)(v-a) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
by Samir Malik*, Mahip Singh** and Maitri Singh***
“State has neither executive nor legislative power to sub-classify or sub-divide or re-group the castes, races or tribes specified as the “Scheduled Castes” in the Presidential List notified under Article 341. Under the guise of providing reservation or under the pretext of taking affirmative action for the weaker of the weakest sections of the society, the State cannot vary, nor tinker the Presidential List.”
Supreme Court declared that the judgment would have a prospective effect, thus the Bar Councils are not required to refund the enrolment fees collected more than the statutory amount so far.
“Once gender identity is given horizontal reservation, it follows that the transgender community, being a socially and educationally backward community discriminated based on gender identity, should also be entitled to similar reservation.”
The petitioner’s daughter is a child belonging to DG in the SC category within the meaning of Section 2(e) of the Right of Children to Free and Compulsory Education Act, 2009 (“the RTE Act”) and is, therefore, entitled to free, compulsory and elementary education till its completion under Section 12(c) of the RTE Act.
Supreme Court directed that the accused be released on bail on such terms and conditions as may be imposed by the Trial Court in connection with FIR.
Jharkhand High Court said that it was apparent that the incidence took place on 11-01-2008 for which the case and counter case were lodged.
“NCSC is a Constitutional body and functionary. It is constituted with an avowed object for the benefit of the Scheduled Caste people”
Presently, Justice Prasanna B. Varale is the third Supreme Court Judge belonging to a Scheduled Caste after Justice B.R. Gavai.
Justice Prasanna Bhalachandra Varale is currently the 32nd Chief Justice of Karnataka High Court and the only Chief Justice belonging to a Scheduled Caste among the Chief Justices of High Courts across the country.
The 5-Judge Bench referred the matter to a 7-Judge Bench, due to immense public importance of the appeal against E.V. Chinnaiah case involving the interpretation of Articles 14, 15, 16, 338, 341, 342, and 342A of the Constitution.
As per West Bengal’s reservation policy, unreserved vacancies could be filled by meritorious reserved category candidates without adjusting them against reserved category vacancies.
Madras High Court rejected the argument that compensation has been already paid to the petitioner, thus the question of providing employment to the surviving daughter will not arise, as the petitioner is relying upon the provision of a Special Act.
The Court observed that a person gets caste by birth and remains forever unless there are circumstances indicative of the individual having embraced not only a new order but being outcasted from the original order.
Madras High Court said that this is a case which brings out the dark side of human behavior. It focuses our attention on the ugly facets of our society; the caste system, bigotry, inhuman treatment of persons belonging to the marginalised section etc.
The Supreme Court observed that it is desirable that before an accused is subjected to a trial for alleged commission of offence under section 3(1)(x), the utterances made by him in any place within public view are outlined, if not in the F.I.R., but at least in the charge-sheet so as to enable the court to ascertain whether the charge sheet makes out a case of an offence.
Reservation as a concept is very wide. Different people understand reservation to mean different things. One view of reservation as a generic
In the case at hand, as the right to be heard was denied to the community certificate holder, the burden of proof to disprove the nature of the certificate, had not been discharged. Hence, the Supreme Court presumed the community certificate to be genuine.
Madras High Court said that whether it is contractual employment, temporary engagements or otherwise, the procedure to be adopted by Banks must be transparent and in compliance with the mandates of the Constitution.