Court : Supreme Court of India
..... routinely denied to dalit women, where their labour was exploited, and no protection available in their places of work, where to be in bondage to a landlord or petty trader was commonplace, and at all times they are viewed as sexually available, and humiliated in their bodily being, sexual violence emerged as not an exceptional act of violence, but the most concentrated expression of a fundamental animus against dalits 46 48 the above discussion highlights the social and economic context in which sexual violence against women from sc & st communities occurs ..... 60 the parliament standing committee report on atrocities against women and children has observed that, high acquittal rate motivates and boosts the confidence of dominant and powerful communities for continued perpetration and recommends inclusion of provisions of sc & st act while registering cases of 39 part c53gendered violence against women from sc & st communities . ..... mohanty, abuse and activity limitation: a study on domestic violence against disabled women in odisha, available at 20 part c in the same vein, a 2011 study found that 21 percent of the 314 women with disabilities surveyed had faced emotional, physical or sexual violence from 29 someone other than their intimate partner. ..... in 2018, section 376 has been further amended by the criminal law 54 (2005) 8 scc1 44 part c amendment act 2018 (act 22 of 2018) by which the minimum punishment has been enhanced to ten years, with the maximum punishment remaining the same .....
Tag this Judgment!Court : Supreme Court of India
..... reference is also made to the commission of protection of child rights act, 2005 enacted in view of the international treaty, convention on the rights of the child, acceded ..... this is what the court had to say: therefore, whenever the fundamental right to freedom of 6 1986 3 scc615 para 19 17 conscience and to profess, practice and propagate religion is invoked, the act complained of as offending the fundamental right must be examined to discover whether such act is to protect public order, morality and health, whether it is to give effect to the other provisions of part iii of the constitution or whether it is authorized by a law made to regulate or restrict any economic, ..... no religious scripture or authority has been brought to our notice which provides that marrying less than four women or abstaining from procreating a child from each and every wife in case of permitted bigamy or polygamy would be irreligious or offensive to the ..... all our brief life on this earth is a 68 probation, and we must take our individual, domestic, and social life all contribute to our holiness, so that we can get the real success and bliss which is the aim ..... likely to help the nation to fight against all kinds of prevailing fanaticism, ill will, violence, dishonesty, corruption, exploitation and drug abuse. ............... ..... , early on, material on human values such as respect for all persons, empathy, tolerance, human rights, gender, equality, non-violence, global citizenship, inclusion, and equity. .....
Tag this Judgment!Court : Supreme Court of India
..... facilitate analysis: a a long and winding road b steps for implementing the decision in babita puniya c criteria for the grant of pcs c.1 medical criteria c.2 substantive assessment for pc d evaluation of the credentials of 615 women sscos e submissions e.1 submissions of petitioners e.2 submissions of the respondents e.3 the petitioners in rejoinder f systemic discrimination f.1 theoretical foundations of indirect discrimination f.2 position in the united states f.3 position in the united kingdom f.4 ..... 201 1998 85 + 120 205 1999 141 + 166 307 2000 114 + 159 273 2001 141 + 161 302 2002 108 + 95 203 2003 95 + 115 210 2004 107 + 168 275 2005 138 + 168 306 2006 175 + 156 331 2007 132 + 133 265 2008 128 + 87 215 2009 87 + 117 204 2010 77 77 88 the statistics which have been advanced by ..... very exclusion of the disadvantaged group because the exclusion fosters the belief, both within and outside the group, that the exclusion is a result of natural forces , for example, that women just can t do the job ..to combat systemic discrimination, it is essential to create a climate in which both negative practices and negative attitudes can be challenged and discouraged in prescribing ..... facially neutral qualifying test was not th violative of the equal protection guarantee contained in the 14 amendment of the american constitution ..... domestic workers from the definition of employees under the ..... redressing stigma, stereotyping, humiliation, and violence because of membership of an .....
Tag this Judgment!Court : Supreme Court of India
..... , the |scheduled castes, the | |chief justice of the high |scheduled tribes, other | |court, and shall hold office, |backward classes, minorities | |in the case of an additional |or women: | |or acting judge, as provided |provided further that an | |in article 224, and in any |eminent person shall be | |other case, until he attains |nominated for a period of ..... protection from removal from office except by a stringent process in the cases of judges found unfit to continue as members of the judiciary, protection of salaries and other privileges from interference by the executive and the legislature, immunity from scrutiny either by the executive or the legislature of the conduct of judges with respect to the discharge of judicial functions except in cases of alleged misbehaviour, immunity from civil and criminal liability for acts committed in discharge of duties, ..... in the madras bar association case35, wherein this court had examined the provisions of the national tax tribunal act, 2005, and whilst doing so, had held the provisions of the above legislative enactment as ultra vires the provisions of the constitution, on ..... of guided power, the implementation in concrete terms which would not cause violence to the constitutional mandate; and the effect of accelerated seniority and the conditions prevalent for satisfaction of the conditions precedent to ..... has the right to discuss a bill laid before it is a domestic matter regulated by the rules of the chamber, as interpreted by its .....
Tag this Judgment!Court : Supreme Court of India
..... starting from the insertion of clause (4) to article 15 by the constitution (first amendment) act, 1951; moving on to the insertion of clause (4-a) to article 16 by the constitution (seventy-seventh amendment) act, 1995 to the insertion of clause (4-b) to article 16 by the constitution (eighty-first amendment) act, 2000 and further amendment of the said clause (4-a) by the constitution (eighty-fifth amendment) act, 2001; yet further with the insertion of clause (5) to article 15 by the constitution (ninety-third amendment) act, ..... equality code (articles 14, 15, 16, and 17), so referred to in various previous decisions of this court) does not merely visualize a bland statement of equality before law and equal protection of law but also contains specific injunctions against state from discriminating on proscribed grounds [such as caste, race, sex, place of birth, religion, or any of them, in article 15; and caste, sex, religion, ..... the concentration of wealth and means of production to the common detriment; (d) that there is equal pay for equal work for both men and women; (e) that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their ..... international conventions when they elucidate and effectuate the fundamental rights and that such conventions may also be read as part of domestic law as long as there is no inconsistency between ..... constitution is framed under violence, rebellion .....
Tag this Judgment!Court : Supreme Court of India
..... the legislature in exercise of enabling powers under the constitution, is never a guarantee that they have been duly followed; (s) the proceedings which may be tainted on account of substantive or gross illegality or unconstitutionality are not protected from judicial scrutiny; (t) even if some of the material on which the action is taken is found to be irrelevant, the court would still not interfere so long as there is some relevant material sustaining the action; (u) ..... protections in the act of settlement 1701 have now been reinforced in the constitutional reform act, 2005 ..... standing committees of lok sabha along with its membership is reproduced as under: name of committee number of members on on government business advisory committee committee of privileges committee on absence of members from the sittings of the house of committee on empowerment of women committee on estimates committee assurances committee on papers laid on the table committee on petitions committee on private members bills and resolutions committee on public accounts committee on public undertakings committee legislation committee ..... allowed for a distinct adjudicatory role: to determine the compatibility of domestic law with reference to european convention standards, adopted by the hra ..... conducted transparently and in the light of internationally accepted values of fairness and justice was a telling rebuttal of mercenarism and violence, whether from or against the state. ..... might behave with violence and oppression .....
Tag this Judgment!Court : Supreme Court of India
..... only domestic violence, ..... amongst groups of people residing in different areas or engaged in different vocations 23 article 39- the state shall, in particular, direct its policy towards securing (a) that the citizens, men and women equally, have the right to an adequate means of livelihood; (b) that the ownership and control of the material resources of the community are so distributed as best to (c) subserve the ..... the state, friendly relations with foreign states or public order or for preventing incitement to the commission of an offence, for reasons to be recorded in writing, by order, direct that any message or class of messages to or from any person or class of persons, or relating to any particular subject, brought for transmission by or transmitted or received by any telegraph, shall not be transmitted, or shall be intercepted or detained, or shall be disclosed to ..... from the operation of labour laws such as the factories act to overcome the financial crisis and to protect factories and establishments; (iv) the notifications do not violate section 59 of the factories act as they impose the condition of payment of wages for overtime work in proportion to the existing wages; 6 part b (v) section 5 of the factories act confers the power of exemption to the state government to exempt any factory or class of factories from ..... the union government has taken recourse to the provisions of the disaster management act, 2005.12 however, it has not affected the security of india, or of a .....
Tag this Judgment!Court : Supreme Court of India
..... criminal writ petition no.305 of 2013 filed by one of the co-accused ramesh rupabhai in the year 2013 before the bombay high court seeking a direction for transfer of the convicts from maharashtra jail to gujarat jail, the reference to the order of the gujarat high court dated 17.07.2019 dismissing the writ petition filed by respondent no.3 herein directing him to approach ..... been convicted and sentenced, that is to say, the transferor state and not the transferee state where the prisoner may have been transferred at his instance under the transfer of prisoners act; and (4) that where the transferee state feels that the accused has completed a period of 20 years it has merely to forward the request of the prisoner to the concerned ..... court as well as the constitutional mandate to protect the fundamental rights of women, particularly when they are victims of sexual violence in relation to ethnic conflict ..... . that it is settled law that the exercise of power under section 432 of the crpc is an administrative act which neither retracts from a judicial order nor does it wipe out the conviction of the accused and is merely an executive prerogative exercised after the judicial function in a criminal ..... fundamental values, making the former non-derogable and a part of domestic law even if not explicitly codified ..... charges were framed on 13.01.2005 amongst others against the eleven convicts for the commission of offences under sections 143, 147, 302, 376(2)(e) and (g) of the indian penal code, .....
Tag this Judgment!Court : Supreme Court of India
..... by the petitioners that hundreds of women are being subjected to horrific acts of violence often in the guise of domestic abuse or to extract more money from the girl's natal family due to absence of any uniform system of monitoring and systematic review of 8 incidents of violence against married women which has led to dilution of ..... under article 32 of the constitution of india seeking directions to the respondents to create an enabling environment for married women subjected to cruelty to make informed choices and to create a uniform system of monitoring and systematically reviewing incidents of violence against women under section 498-a ipc including their prevention, investigation, prosecution and rehabilitation of the victims and their children at the ..... women who know that the offence is both cognizable and non-bailable and impromptu works on the complaint of the woman by placing the man behind the bars, but this cannot be a ground for denying the poor and illiterate women the protection that is offered by section 498-a ipc against cruelty, rather there is a need to create awareness specifically in the rural areas about the laws for protection of women ..... state of haryana and another2, the court observed:- 1 (2005) 6 scc281: air2005sc31002(2003) 4 scc675: air2003sc13866 "there is no doubt that the object of introducing chapter xx-a containing section 498a in the indian penal code was to prevent the torture to ..... 17 (2005) 13 scc28733 union of india18 (scc para51) it has been held .....
Tag this Judgment!Court : Supreme Court of India
..... to the filing of the above writ petitions, articles 15 and 16 of the constitution have been amended vide the constitution (ninety-third amendment) act, 2005, and the constitution (eighty- first amendment) act, 2000, respectively, which amendment acts have been the subject-matter of subsequent decisions of this court in m ..... one of the important purposes of the provisions is to protect affirmative action programmes from being challenged as violating the formal equality provisions contained elsewhere in the code or ..... 5. purpose of the legislation is insufficiently plain, or cannot be advanced without an unacceptable degree of violence to the language used, they will be obligated, however regretfully in the circumstances of the particular case, to leave to the legislature the task of extending or ..... as long as there is no true equality, of opportunity, of access, and of the true worth of human beings, and as long as the world is broken up into fragments by narrow domestic walls 4 the quest remains ..... these initiatives have taken two major forms: education of the under-privileged either through special schools or other programmes to support school-going children, and support to poor women through home-based work or micro ..... legislated. this act has as its purpose the "economic empowerment of all black people, including women, workers, youth, people with disabilities and people living ..... designated groups are defined as black people (who include africans, coloureds and indians), women, and people with .....
Tag this Judgment!