28 results found.

Observer Desk

Posted on 20.10.17 by

Supreme Court Winter Session 2017 (3rd Oct -16th Dec)

The Supreme Court’s winter session 2017 commenced on 3rd October and will end on 16th December. The court is closed for the festive season from 15th to 22rd October and we at SCObserver have used this pause in proceedings to reflect on the session so far and also map out the upcoming cases. The session opened with Karnataka… Read More

Observer Desk

Posted on 07.09.17 by

Child Marriage and Marital Rape Exception in IPC: Day 3 Arguments (UoI)

On 06.09.2017, the third day of the hearing, Mr. Rana Mukherjee appearing for the Union of India presented his arguments before the Court hearing the limited challenge to Exception 2 to S. 375 of the IPC in Independent Thought vs. Union of India. Mr. Mukherjee’s arguments were three fold relying primarily on Parliamentary Committee reports and Law Commission… Read More

Observer Desk

Posted on 07.09.17 by

Child Marriage and Marital Rape Exception in IPC: Day 1 Arguments (Gaurav Agarwal)

A two Judge Bench of Madan B. Lokur and Deepak Gupta JJ. concluded hearing in Independent Thought vs. Union Of India, filed before the Supreme Court challenging the constitutional validity of Exception 2 to Section 375 of the Indian Penal Code to the extent that it creates an arbitrary classification between minor girls on the basis… Read More

Observer Desk

Posted on 07.09.17 by

Child Marriage and the Marital Rape Exception : Day 2 Arguments (Jayna Kothari)

On 05.09.2017, the second day of the hearing , Advocate Jayna Kothari appearing for the intervenor Child Rights Trust commenced her arguments before the Bench. Ms. Kothari’s arguments have been summarized below: Child marriages have adverse implications on the physical, mental and sexual health of the girl child owing to early onset of sexual activity and… Read More

Observer Desk

Posted on 05.09.17 by

Interview with former Additional Solicitor General, Indira Jaising – On Triple Talaq

The 5 judge bench of the Supreme Court in a lankmark case of Shayara Bano v UOI struck down the triple talaq practice as unconstitutional. Former Additional Solicitor General, Indira Jaising representing Bebaak Collective, was instrumental in the court striking down the triple talaq practice. In this interview with Supreme Court Observer, Indira Jaising talks… Read More

Observer Desk

Posted on 29.08.17 by

The Right to Privacy : The 9 Judge Verdict in Plain English (Part II)

On 24th August, 2017 a 9 Judge Bench of the Supreme Court delivered a unanimous verdict in Justice K.S. Puttaswamy vs. Union of India and other connected matters, affirming that the Constitution of India guarantees to each individual a fundamental right to privacy. Although unanimous, the verdict saw 6 separate concurring decisions. Justice Chandrachud authored the decision speaking for… Read More

Observer Desk

Posted on 29.08.17 by

The Right to Privacy : The 9 Judge Verdict in Plain English (Part I)

On 24th August, 2017 a 9 Judge Bench of the Supreme Court delivered a unanimous verdict in Justice K.S. Puttaswamy vs. Union of India and other connected matters, affirming that the Constitution of India guarantees to each individual a fundamental right to privacy. Although unanimous, the verdict saw 6 separate concurring decisions. Justice Chandrachud authored the decision… Read More

Observer Desk

Posted on 24.08.17 by

SC 9 Judge Bench Verdict on the Right to Privacy

The 9 Judge Bench of  Chief Justice Khehar and Justices Jasti Chelameshwar, S.A. Bobde, DY Chandrachud, Abdul Nazeer, Nariman, R.K. Agarwal, Abhay Manohar Sapre, and Sanjay Kishan Kaul that heard arguments on whether a privacy right is inherent in the constitution has pronounced its decision in the case. In a historic decision, the Bench has unanimously recognised a fundamental right to privacy as guaranteed… Read More