Let’s begin with the foremost judgment that raised curtain for Public Interest Litigations (PILs) in India, delivered by none other than the Super Judge, Shri Krishnaiyer, V.R.
Tag: Summary Post
Journey through the years – Section 125 CrPC
This is to chronicle the journey of the Section 125 CrPC through the years from its enactment.
Journey through the years – Section 498A IPC
This is to chronicle the journey of the Section 498A IPC through the years from its enactment.
Journey through the years – PWDV Act
This is to chronicle the journey of the PWDV Act 2005 through the years from its enactment.
- https://indiankanoon.org/doc/126595064/
Frivolous Public Interest Litigation (PILs)
Just documenting Frivolous PILs and consequences thereof.
http://www.ptinews.com/news/10245952_SC-dismisses-CJAR-s-curative-plea.html
Preparation for LLB Examinations
Sharing the study material that I prepared from multiple sources, which may help in your LLB Preparation. These subjects, question papers and answers are given as prescribed and required by Sri Krishnadevaraya University, Anantapur, Andhra Pradesh.
- LLB Subjects and Previous Year Exam Papers
- LLB Study Materials – Answers
- First Semester Answers
- Second Semester Answers
- Third Semester Answers
- Family Law – 1
- 20-Marks
- 18-Marks
- 4-Marks
- Family Law – 2
- 20-Marks
- 18-Marks
- 4-Marks
- Environmental Law
- 20-Marks
- 18-Marks
- 4-Marks
- Jurisprudence
- 20-Marks
- 18-Marks
- 4-Marks
- Legal Writing
- 20-Marks
- 18-Marks
- 4-Marks
- Family Law – 1
- Fourth Semester Answers
- 20-Marks
- 18-Marks
- Fifth Semester Answers
- 20-Marks
- 18-Marks
- Final Semester Answers
- 20-Marks
- 18-Marks
Legal Goals to Achieve under Judicial Activism (Via Public Interest Litigation)
Some goals to achieve by April, 2021
- File PIL to restrict the applicability of 125 CrPC
- Status: Preparing Initial Draft
- File PIL to link Hindu Marriage Act (and other matrimonial laws that have dowry or similar concept) with Dowry Prohibition Act. Get Sec 7 of DP Act Struck down in PIL-2
- Status: Preparing Initial Draft
- File PIL to amend India’s Dowry Prohibition Act, 1961 (similar to that of Bangladesh’s Dowry Prohibition Act, 2018 here)
- Status: Ideation/ Ground Work
- File PIL to struck down 498 IPC (since it is on similar lines to 497 IPC, that got struck down on a weird logic of gender-equality)
- Status: Ideation/ Ground Work
- File PIL for Implementation of Compulsory Marriage Registration in India https://indiankanoon.org/doc/1037437/ (Nevertheless, the Supreme Court in the case of Seema (Smt.) v. Ashwani Kumar, [(2006) 2 SCC 578] directed the States and Central Government to notify Rules making registration of marriages compulsory. However, the same has not been implemented in full.)
- Status: Ideation/ Ground Work
- File PIL to establish online RTI facility for the State of A.P. under Right to Information Act similar to rtionline.gov.in (https://www.livelaw.in/top-stories/sc-issues-notice-on-plea-to-set-up-online-rti-portals-in-states-147474)
- Status: Ideation/ Ground Work
- File PIL to raise fines up to minimum 10 times in IPC and impose a minimum of Rs.10,000/- for costs imposed by magistrates and judges. Or follow Finland method. Details here, here and here. News here and here.
- Status: Ideation/ Ground Work
- File PIL for mandatory self-protection and self-defense trainings for students of all levels of schools
- Status: Ideation/ Ground Work
- File PIL to eradicate food wastage at all Hotels, Religious places, Function Halls and make laws to make it a crime to Waste food.
- Status: Ideation/ Ground Work
- File PIL for mandatory proactive actions for road safety. CCTV Cameras in ALL junctions and one-ways.
- Status: Ideation/ Ground Work
- File PIL for mandatory proactive actions for Station safety. akin to Malaysia and Singapore Underground Metro stations.
- Status: Ideation/ Ground Work
- News: https://zeenews.india.com/india/woman-found-dead-on-delhi-metro-track-blue-line-services-disrupted-2231458.html
- News: https://www.indiatoday.in/india/story/delhi-metro-blue-line-services-disrupted-jhandewalan-woman-suicide-1594339-2019-09-02
- Idea: http://www.kuala-lumpur.ws/transportation/kl-mrt-sbk-line/mrt-pasar-seni.htm
- Idea: https://www.metro-report.com/news/single-view/view/complete-klang-valley-sbk-line-opens.html
- Idea: https://www.123rf.com/photo_117051821_kuala-lumpur-malaysia–october-25-2018–malaysia-mass-rapid-transit-mrt-train-at-bandar-utama-statio.html
- Idea: https://www.nst.com.my/news/nation/2017/07/257459/mrt-underground-stations-not-easy-task-we-did-it
- Idea: https://www.goodmorningparis.fr/metro-bus/metro-station-of-the-month-liege-line-13/
- Idea: https://depositphotos.com/161425442/stock-photo-latest-mrt-mass-rapid-transit.html
- Idea: https://www.bigkl.com/mrt/taman-suntex-mrt-station/attachment/mrt-taman-suntex-station-2017-01/
- Idea: https://en.wikipedia.org/wiki/Bartley_MRT_station
- Idea: https://www.123rf.com/photo_82849847_kuala-lumpur-malaysia-july-25-2017-latest-mrt-mass-rapid-transit-kajang-platform-mrt-is-the-latest-p.html
- Idea: https://dailyhive.com/vancouver/translink-skytrain-station-platform-screen-doors-feasibility
- Idea: https://en.wikipedia.org/wiki/KLCC_LRT_station
- File PIL for setting up of Men’s Commission. Status: Ideation/ Ground Work
- File PIL for mandatory proactive steps for Men’s health.
- Status: Ideation/ Ground Work
- File PIL for mandatory proactive steps for reducing/eradicating Prevention of suicides of Men.
- Status: Ideation/ Ground Work
- File PIL for mandatory proactive steps for Referendums on policies and work of government. People who voted politicians into power should have power to remove them power too and such changes should be done to Constitution, as necessary. NOTA should be made more effective.
- Status: Ideation/ Ground Work
- Status: Ideation/ Ground Work
- File PIL for mandatory proactive actions for reforms in politics, right from Manifesto stage. E.g. Manifesto should mention which scheme/benefit will be enacted, in which year of their potential 5 years term. This should demonstrate their power of planning and gives clarity to people in assessing the candidates potential.
- Status: Ideation/ Ground Work
- File PIL for mandatory proactive steps for Men’s health.
- File PIL to bring uniformity in Court procedures across Same level of court, Same set of Rules and procedures. All Forms/templates to be freely available online for download, on the respective State High Court website, in both English and the local language.
- Status: Ideation/ Ground Work
Procedure to be followed for all above activities
Activities involved in ‘Ideation/ Ground Work‘ Stage:
- Gather necessary data from reliable government sources such as NCRB, Police/CCTNS/Court records via RTI or other legal means
- Gather motivated people and their potential contributions to our causes.
- Gather past work done by others till date, on the issue at hand
Activities involved in ‘Preparing Initial Draft‘ Stage:
- Gather necessary document sample/forms/templates
- Identify large tasks that can be delegated to smaller teams (of 2 or more members, obviously; Max 3 members)
Activities involved in ‘Enhancement and Enrichment‘ Stage:
- Get criticism from eminent legal intellectuals, to improve our attack vector
Various rights covered under Article 21 (Protection of life and personal liberty) of Constitution of India
Over years, Article 21 of the Constitution has been expanded a lot to cover various rights of individuals with changing times and needs of society. List below are some.
Article 21 provides, “No person shall be deprived of his life or personal liberty except according to procedure established by law.“
During 1950-1955
- A.K. Gopalan Vs The State Of Madras, Union Of India on 19 May, 1950: Detention under the doctrine of “procedure established by law” is valid detention. (Overruled)
- M.P. Sharma And Ors. Vs Satish Chandra, District Magistrate, Delhi on 15 March, 1954: Right to Privacy. (Overruled)
During 1956-1960
During 1961-1965
- Kharak Singh Vs The State Of U.P. & Others on 18 December, 1962: Right to privacy. (Overruled)
- State Of Maharashtra vs Prabhakar Pandurang & Another on 6 September, 1965: Right to Write a Book
During 1966-1970
- Satwant Singh Sawhney Vs Assistant Passport Officer, New Delhi on 10 April, 1967: Right to travel abroad
- Rustom Cavasjee Cooper vs Union Of India on 10 February, 1970: Fundamental Rights are not silos but they are inter-connected. Nationalization Case. Right to compensation. (Overruled A.K. Gopalan V State of Madras)
During 1971-1975
- Govind Vs State Of Madhya Pradesh & Anr on 18 March, 1975: Right to Privacy. (Overruled)
During 1976-1980
- Additional District Magistrate, Jabalpur Vs S. S. Shukla Etc. Etc on 28 April, 1976: Right to Move Courts For Remedies (Overruled).
- Hussainara Khatoon v. Home Secretary, State of Bihar 1979: Right to Speedy Trial, Legal Aid
- Maneka Gandhi Vs Union Of India on 25 January, 1978: Right to have fair, just and reasonable procedure
- Babu Singh And Ors vs The State Of U.P on 31 January, 1978: Right to Bail
- Madhav Hayawadanrao Hoskot Vs State Of Maharashtra on 17 August, 1978: Right to Legal Aid, Right to Appeal
- Sunil Batra Etc Vs Delhi Administration And Ors. Etc on 30 August, 1978: Right against Solitary Confinement
- Charles Sobhraj Vs Superintendent, Tihar Jail on 31 August, 1978: Right against Bar Fetters
- Sunil Batra Vs Delhi Administration on 20 December, 1979: Right of Prisoner to Free Legal Aid
- Prem Shankar Shukla vs Delhi Administration on 29 April, 1980: Right against hand cuffing
During 1981-1985
- Francis Coralie Mullin Vs The Administrator, Union Territory of Delhi on 13 January, 1981: Right To Live with Human Dignity, Interviewed by Advocate and family members
- People’s Union For Democratic Rights & Others vs Union Of India & Others on 18 September, 1982: Right to Minimum Wages
- T.V.Vatheeswaran Vs State Of Tamil Nadu on 16 February, 1983: Right against Delayed Execution; Delay in executing death sentence is inherently violative of Dignity of Life (Overruled)
- Sher Singh & Others vs The State Of Punjab on 24 March, 1983: Right against Delayed Execution; https://indiankanoon.org/doc/1166797/ (Overruled T.V.Vatheeswaran)
- Mithu Vs State Of Punjab on 7 April, 1983: Struck down of 303 IPC
- State Of Maharashtra Vs Chandrabhan Tale on 7 July, 1983: Sustenance allowance even after conviction pending appeal; https://indiankanoon.org/doc/1184378/
- Rudul Sah vs State Of Bihar And Another on 1 August, 1983: Right to receive compensation; https://indiankanoon.org/doc/810491/
-
Deena @ Deena Dayal Etc. Etc vs Union Of India And Others on 23 September, 1983: Death by Hanging not Violative of Article 21; https://indiankanoon.org/doc/888451/
- Olga Tellis & Ors vs Bombay Municipal Corporation & … on 10 July, 1985: Right to Work; https://indiankanoon.org/doc/709776/
- Attorney General of India v. Lachma Devi: Right against Public Hanging; http://www.the-laws.com/Encyclopedia/Browse/Case?CaseId=005891763000
During 1986-1990
- M.C. Mehta And Anr vs Union Of India & Ors on 20 December, 1986: Right to have clean Environment; https://indiankanoon.org/doc/1486949/
- Sheela Barse Vs State Of Maharashtra on 18 September, 1987: Right of prisoners to be Interviewed/ right against custodial violence
- Pt. Parmanand Katara vs Union Of India & Ors on 28 August, 1989: Right to Medical Care
- M/S. Shantistar Builders vs Narayan Khimalal Totame And Others on 31 January, 1990: Right to Shelter.
- Shantistar Builders Vs Narayan Khimalal Gotame & Ors. Etc on 17 November, 1995
- Further elaborated in ‘Chameli Singh’ case.
- Delhi Transport Corporation vs D.T.C. Mazdoor Congress on 4 September, 1990: Right To Livelihood; https://indiankanoon.org/doc/268805/
During 1991-1995
- Subhash Kumar vs State Of Bihar And Ors on 9 January, 1991: Right to get Pollution Free Water and Air; https://indiankanoon.org/doc/1646284/
- Miss Mohini Jain vs State Of Karnataka And Ors on 30 July, 1992: Right to Education; https://indiankanoon.org/doc/40715/
- Unni Krishnan, J.P. And Ors. Etc. … vs State Of Andhra Pradesh And Ors. … on 4 February, 1993: Right to receive education upto the primary stage, Multiple rights https://indiankanoon.org/doc/1775396/
- Joginder Kumar vs State Of U.P on 25 April, 1994: Right against Illegal Detention; https://indiankanoon.org/doc/768175/
-
P. Rathinam/Nagbhusan Patnaik vs Union Of India And Another on 26 April, 1994: https://indiankanoon.org/doc/66070774/
-
Delhi Domestic Working Women’s Forum Vs Union Of India And Others on 19 October, 1994: Compensation to Rape victims https://indiankanoon.org/doc/1765970/
- Consumer Education and Research Centre & Others Vs Union of India & Others on 27 January, 1995: Right to Health; https://indiankanoon.org/doc/1657323/
- L.I.C. of India v. Consumer Education and Research Centre on 10 May, 1995: Right to Social Security and Protection of Family; https://indiankanoon.org/doc/1513693/
- Chameli Singh vs State Of U.P on 15 December, 1995: Right to Shelter; https://indiankanoon.org/doc/18928039/
- Smt. Gian Kaur vs The State Of Punjab on 21 March, 1996: Euthanasia and Right to Life; https://indiankanoon.org/doc/217501/
During 1996-2000
- People’S Union Of Civil Liberties … vs Union Of India (Uoi) And Anr. on 18 December, 1996: Tapping of Telephone; https://indiankanoon.org/doc/31276692/
-
Shri D.K. Basu,Ashok K. Johri vs State Of West Bengal,State Of U.P on 18 December, 1996: Rights of arrested persons; https://indiankanoon.org/doc/501198/
- Vishaka & Ors vs State Of Rajasthan & Ors on 13 August, 1997: Right Against Sexual Harassment at Workplace; https://indiankanoon.org/doc/1031794/
-
Chandra Rajakumari And Anr. vs Commissioner Of Police, … on 27 October, 1997: Beauty contests can be obscene; https://indiankanoon.org/doc/1317411/
- Vineet Narain & Others Vs Union Of India & Another on 18 December, 1997: Right to Public Trial
- Mr. ‘X’ vs Hospital ‘Z’ on 21 September, 1998: Right to Marriage (Disclosure of Dreadful Diseases); https://indiankanoon.org/doc/382721/
During 2001-2005
- Murli S. Deora vs Union Of India And Ors on 2 November, 2001: Smoking in public place; https://indiankanoon.org/doc/1495522/
- PUCL v UOI on Nov 30 2001: Right to Food; https://www.escr-net.org/caselaw/2006/peoples-union-civil-liberties-v-union-india-ors-supreme-court-india-civil-original
-
People’s Union of Civil Liberties (P.U.C.L.) & Anr. Vs Union Of India & Anr on 13 March, 2003: Right to know election contestant information
- In Re: Noise Pollution (Forum, Prevention of Envn. and Sound Pollution) on 18 July, 2005: Right Against Noise Pollution; https://indiankanoon.org/doc/1709298/
During 2006-2010
- Zahira Habibullah Sheikh & Anr vs State Of Gujarat & Ors on 8 March, 2006: Right to Fair Trial; https://indiankanoon.org/doc/1067991/
- Husband tapping wife conversations https://indiankanoon.org/doc/1058685/
- Swapan Kumar Saha vs South Point Montessory High … on 19 September, 2006, Overloading of bus https://indiankanoon.org/doc/416937/
During 2011-2015
- Amar Singh Vs Union Of India & Ors on 11 May, 2011: Trying to misuse Article 21
- Manohar Lal Sharma Vs The Principle Secretary & Others on 17 December, 2013: No prior permission required to inquire a public servant.
- Dr.Subramanian Swamy Vs Director, CBI & Anr on 6 May, 2014: Struck down the ‘Single Directive’
- Justice K.S.Puttaswamy(Retd) & Anr Vs Union Of India & Ors on 11 August, 2015, 24 August, 2017 and 26 September, 2018: Right to Privacy (Aadhaar Card case)
During 2016-2020
- Refusal to grant bail without recording reasons : https://indiankanoon.org/doc/16902738/
-
detained in custody by adopting totally faulty and illegal process :
- Subramanian Swamy Vs Union of India on 13 May, 2016: Right to Reputation
- Swapnil Tripathi Vs Supreme Court of India on 26 September, 2018: Right to access to legal proceedings
Dismissed Petitions:
-
D. Bhuvan Mohan Patnaik & Ors vs State Of Andhra Pradesh & Ors on 9 September, 1974: https://indiankanoon.org/doc/353351/ [1974 AIR 2092], [1975 SCR (2) 24]
No Maintenance to Knife Judgments
Broad grounds on which maintenance is denied to knife
1. Wife who Deserts husband not entitled for maintenance
2. Educated and Working Wife (even after marriage) not entitled for maintenance
- Mamta Jaiswal vs Rajesh Jaiswal on 24 March, 2000
- Neeraj Aggarwal Vs Veeka Aggarwal on September 19, 2007
3. Wife left job and sitting idle after filing cases not entitled for maintenance
In some recent judgments of Hugh Court, it is being held that capable to earn is NOT equated to earning currently. Banking on this aspect only is not helpful and can be suicidal if this is the only argument victim-husband has.
No Maintenance under Section 125 CrPC
Listed below are few judgments where maintenance is disallowed for knifes under Section 125 of CrPC.
Supreme Court
Allahabad High Court
- Kiran Dhar Vs Alok Berman on 14 May, 2014 (No Domestic relationship as First Wife alive)
- Ismile @ Shama Vs State Of U.P. & Others on 22 September, 2016 (Knife able to maintain herself)
Andhra Pradesh High Court
Bombay High Court
- Sanjay Sudhakar Bhosale Vs Khristina on 8 April, 2008 (Cruelty not proved)
