scholarly journals Recent debate on landmark anti-caste legislation in India

2018 ◽  
Vol 19 (1) ◽  
pp. 48-63
Author(s):  
Ayan Guha
Keyword(s):  
Supreme Court ◽  
Penal Code ◽  
Court Order ◽  
Sense Of Security ◽  
The Supreme Court ◽  
Scheduled Castes ◽  
Recent Debate ◽  
Procedural Safeguards ◽  
Indian Penal Code

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was enacted to prevent atrocities against the Scheduled Castes (SCs) and Scheduled Tribes (STs). It prescribed penalties that are more stringent than the corresponding offences under the Indian Penal Code and other laws. Despite flaws in implementation, this Act has provided the SCs and STs with some sense of security. But it is often alleged that this law is frequently misused. A recent Supreme Court order has attempted to introduce some procedural safeguards to curb the misuse of this Act. But many, particularly the Dalit groups, believe that in doing so the Supreme Court has ended up diluting this landmark legislation. In this context, this article analyses the recent judicial pronouncement and presents the arguments for and against it.

scholarly journals PRUNING OF SECTION 377, INDIAN PENAL CODE, 1860 AND CHANGED DYNAMICS OF MORALITY IN INDIAN SOCIETY

2020 ◽  
Vol 7 (6) ◽  
pp. 1077-1081
Author(s):  
Parul Yadav ◽  
Komal Vig
Keyword(s):  
Social Structure ◽  
Supreme Court ◽  
Legal System ◽  
Penal Code ◽  
Indian Society ◽  
Supreme Court Of India ◽  
The Social ◽  
The Supreme Court ◽  
Set Up ◽  
Indian Penal Code

Purpose: The research paper has been written in order to analyze the impact of reading down the notorious section of Indian Penal Code, 1860 which being Section 377 which penalized every sexual act other than a heterosexual union even if consensual in the judgment given by the Supreme Court of India in Navjot Singh v. Union of India on the society of India. This paper aims to see its impact on the morality of the Indian community on the known definitions and working of the morality in the social and the legal system. Methodology: In this work classical method of research has been followed which being doctrinal research also, a comparative analysis between the legal text of Section 377 of Indian Penal Code, 1860 and the judgments announced by the Supreme court of India has been undertaken with the proportional qualitative analysis done with moral set up of Indian Society. Main Findings: The analysis conducted on law and social structure of Indian Society by the researchers point out to the fact that after reading down of Section 377, the social set-up of India is resenting the recognition granted to third sex and gender because it disturbs its moral thread which has knitted the social structure known as of now and introduces a third angle in known concepts of sex and sexuality which till now have been relying on parallel tracks of male and female sex/gender. Application: This research piece will aid students in understanding the concept of morality and will demonstrate its effect on the working of the Criminal system of a country. Moreover, it will also give support in understanding the role of biological sex and sexual preferences in shaping law as known today. Novelty/Originality: This research is novel in its attempt of wherein morality has been traced in the criminal legal system of the country which is most prominent in issues related to the sex of the human body and its sexuality.

scholarly journals Case Comment: Alister Anthony Pareira v. State of Maharashtra

1970 ◽  
Vol 3 (2) ◽  
pp. 85-95
Author(s):  
Joseph Alby
Keyword(s):  
Supreme Court ◽  
Penal Code ◽  
Critical Commentary ◽  
The Supreme Court ◽  
Drunken Driving ◽  
Indian Penal Code

Earlier, cases of drunken driving resulting in an accident were determined in accordance with sections 337 and 338 of the Indian Penal Code, 1860 (IPC). Relatively lenient, these provisions warrant maximum punishments of imprisonment for 6 months and 2 years respectively. However the Supreme Court in Alister Anthony Pareira v. State of Maharashtra held that in a case where an allegation is raised regarding an accident being caused as a consequence of drunkenness, the investigating agency is bound to register the case under section of 304, IPC. Section 304 part II deals with culpable homicide not amounting to murder, and imposes a punishment of 10 years rigorous imprisonment. As a result, drunken driving has now been made punishable under section 304 part II as well as under sections 337 and 338, which deal with injury caused by negligence. The objective of this study is to provide a critical commentary of the aforementioned judgment.

Legislature Proposes, Judiciary Disposes: Supreme Court’s Ruling on the Atrocities Act

Social Change ◽  
2018 ◽  
Vol 48 (2) ◽  
pp. 275-282
Author(s):  
K. B. Saxena
Keyword(s):  
Supreme Court ◽  
Social Injustice ◽  
Social Equality ◽  
Public Servants ◽  
Fundamental Nature ◽  
The Supreme Court ◽  
Scheduled Castes ◽  
The Law ◽  
Procedural Safeguards ◽  
Court Proceeding

The increasing ferocity and frequency of violence against Scheduled Castes (SCs) and Scheduled Tribes (STs) led to the enactment of the SCs/STs (Prevention of Atrocities) Act 1989. The law now forbade the practice of untouchability thus protecting marginalised communities against all forms of social injustice and exploitation. However, the ensuing years revealed many deficiencies in the Act and its enforcement leading to a demand to strengthen it. Subsequently, the SCs and STs Amendment Ordinance was issued in March 2014, followed by the enactment of the SCs and STs (Prevention of Atrocities) Amendment Act 2015 that came into force in January 2016. However, barely two years later, the Supreme Court, proceeding on the assumption that there was rampant abuse of the law by SCs/STs struck a crippling blow to the legislation. In oder to protect public servants from being falsely implicated in cases under the Act, the Supreme Court, in a recent ruling (Dr Subhash K. Mahajan vs. State of Maharashtra) introduced procedural safeguards of such a fundamental nature that the law has been virtually rewritten and will profoundly impact the dalit’s fight for social equality and justice.

Singapore

2015 ◽  
Author(s):  
Claire van Overdijk ◽  
Terence Seah
Keyword(s):  
Supreme Court ◽  
Mental Capacity ◽  
State Courts ◽  
District Court ◽  
District Courts ◽  
Court Order ◽  
High Court ◽  
The Supreme Court ◽  
Mental Capacity Act ◽  
Court Of Appeal

Singapore is a common law country. Judicial power is vested in the Supreme Court (High Court and Court of Appeal) and the State Courts (District Courts and Magistrates’ Courts). Pursuant to the Supreme Court of Judicature (Transfer of Mental Capacity Proceedings to District Court) Order 2010, proceedings under the Mental Capacity Act (cap 177A, 2010 Rev Ed) (‘MCA’) are now first heard by the District Court.

Jarnail Singh and Others v. Lachhmi Narain Gupta and Others: Supreme Court of India declares application of the creamy layer test on the Scheduled Castes and the Scheduled Tribes.

2019 ◽  
Vol 52 (3) ◽  
pp. 383-395
Author(s):  
Arpita Sarkar
Keyword(s):  
Supreme Court ◽  
Judicial Review ◽  
Case Note ◽  
The State ◽  
Supreme Court Of India ◽  
The Supreme Court ◽  
Scheduled Castes

This case note discusses the Jarnail Singh case which presented a fresh opportunity before a constitution bench of the Supreme Court of India to undo the legal discrepancies created in Nagaraj. However, efforts to ‘save’ Nagaraj verdict led the court to introduce the creamy layer test for the Scheduled Castes and the Scheduled Tribes. In doing so, the court introduced for itself a new subject of judicial review. Post-Indra Sawhney, a decision by a nine-judge bench of Supreme Court, the creamy layer test was applied only to the ‘Backward Classes’ for reservation. Various judgments including Indra Sawhney have explicitly prohibited the application of this test on the SCs and the STs. Creamy layer among backward classes has been described by the executive organs of the State in appropriate circumstances. By describing the creamy layer test as a component of the equality principle, the court declared itself as the ultimate arbiter that may exclude members from SC and ST along with the procedure laid in Articles 341(2) and 342(2) of the constitution. Further, in reading the creamy layer test as a wider attribute of Article 16 generally, as opposed to Article 16(4-A) and 16(4-B) of the constitution, the decision left ambiguity on the application of this test at different stages of employment.

The Downfall of the Mandatory Death Penalty in Kenya

2019 ◽  
Vol 63 (1) ◽  
pp. 25-51 ◽  
Author(s):  
Lilian Chenwi
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Death Penalty ◽  
Penal Code ◽  
Procedural Safeguards

AbstractThe retention and use of the death penalty, especially the mandatory death penalty, continues to be an issue of controversy and concern in Africa and elsewhere. Accordingly, African states are slowly but increasingly moving away from the death penalty, with many of them abolishing it either de facto or de jure, or limiting its use, with some finding its mandatory application to be unlawful. This article considers the recent Supreme Court of Kenya decision that declared the mandatory nature of the death penalty as provided for under the country's Penal Code to be unconstitutional. However, it argues that, while declaring the mandatory death penalty to be unconstitutional is commendable and a promising step on the path towards the abolition of the death penalty, the death penalty remains available as a punishment, with serious human rights implications if procedural safeguards are not followed.

scholarly journals El delito de caza furtiva en tiempo de veda. Comentario a la STS 3566/2020, de 3 de noviembre

2021 ◽  
pp. 261
Author(s):  
Alfredo Liñán Lafuente
Keyword(s):  
Supreme Court ◽  
Penal Code ◽  
The Supreme Court

La Sala Segunda del Tribunal Supremo en su sentencia nº 3566/2020, de 3 de noviembre, ha concluido que la caza de una especie no protegida en temporada de veda es constitutiva de un delito del art. 335.1 CP. En el presente artículo se analiza la sentencia, el artículo 335 1. y 2 CP y se plantean las consecuencias que se pueden derivar de la interpretación la que opta el Tribunal Supremo.The Second Chamber of the Supreme Court in its judgment No. 3566/2020, of 3 November, has concluded that the hunting of an unprotected species during the season closed to hunting is always an offence under art. 335.1 CP. This article assesses the judgment and article 335.1. and 2 of the Penal Code and it raises the consequences that can stem from the interpretation chosen by the Supreme Court.

scholarly journals La responsabilidad subsidiaria ex delicto derivada del art. 121 del Código Penal y la responsabilidad patrimonial de las administraciones públicas : breve aproximación jurisprudencial

2011 ◽  
Author(s):  
Roger Cámara Mas
Keyword(s):  
Supreme Court ◽  
Penal Code ◽  
Civil Action ◽  
The Public ◽  
Civil Responsibility ◽  
The Supreme Court ◽  
Administrative Jurisdiction

El presente trabajo estudia las relaciones entre la responsabilidad civil ex delicto derivada del art. 121 del Código Penal y la responsabilidad patrimonial de las administraciones públicas especialmente en su vertiente procesal. Para ello, se parte del análisis de la jurisprudencia dictada por los tribunales del orden jurisdiccional civil, penal y contencioso-administrativo. La interpretación efectuada por las salas segunda y tercera del Tribunal Supremo ha contribuido a configurar ambas acciones como plenamente autónomas entre sí, admitiendo la posibilidad de su ejercicio simultáneo o sucesivo, doctrina que se aparta de la propia conceptualización de la acción civil ex delicto realizada por la sala primera del mismo tribunal.This article studies the relations between the civil responsibility ex delicto derivative from the article 121 of Penal Code and the patrimonial responsibility of the public administrations specifically in the procedural order. This study splits the analysis of the jurisprudence dictated by the courts of the civil, penal and contentious-administrative jurisdiction. The interpretation effected by the second and third chamber of the Supreme Court has helped for both actions to be fully autonomous, admitting the possibility of his simultaneous or successive exercise, doctrine that is separated of the own conceptualization of the civil action ex delicto realized by the first chamber of the same court.

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