EVENTS OF 202
By- Sneha Nandi
The most important thing for a law student is to be updated with the recent important legal affairs and case laws. Here are some important legal news and case laws of the year 2021. Let's begin with the-
News relating to law:
Hyderabad; 26 Jan: Girls can kill in self-defense, Metropolitan Legal Services Authority (MLSA), Hyderabad secretary M RADHA Krishna Chowhan has said it is not an offence to kill a person in self-defense under provision of law.
(Source- Times of India)
High Court of Delhi; 25Feb: No fundamental right of same-sex marriage, legal recognition can't be given by court, said the Central Government. The Supreme says de-criminalization is but the first step; The Constitution envisages much more. LGBTs are victims of Victorian morality. Constitutional morality and not Societal morality should be the driving force for deciding validity of Section 377.
(Source- Live Law)
Ministry of Corporate Affairs; 24 March: Schedule 3 of Companies Act 2013 amended, the amendment provides that the profit and loss statement should include details of investment or trading conducted by the company in crypto or virtual currencies.
(Source- India Times)
New Delhi; 25 March: Medical Termination of Pregnancy Act, 2021 has received assent from President. The Act of 2021 expands the access to safe and legal abortion services on therapeutic, humanitarian and social grounds to ensure universal access to comprehensive care.
(Source- Times of India)
New Delhi; 14 October: Allowing abortion till 24 weeks, Medical Termination of pregnancy Act,2021 which was passed in March expand the limit for termination of pregnancy from 20 to 24 weeks.
(Source- Times of India)
Ministry of Agricultural and Farmers Welfare; 29 November: Farm law repeal bill,2021, introduced in Lok Sabha.
New Delhi; 15 December: Women’s Marriage age to 21 years, the Union Cabinet Ministry approved the proposal of increasing marriage age for marriage from 18 to 21.
(Source- Hindustan Times)
Karnataka; 23 December: Anti-conversion bill passed, Karnataka Protection of Right to Freedom of Religion Bill, 2021 was passed. The Bill was passed by voice vote in the assembly. This bill provides for protection of the right to freedom of religion as well as prohibition of unlawful conversion from one religion to another by force, misrepresentation, coercion, undue influence, allurement or by any fraudulent means.
(Source- Indian Express)
Nagaland; 30 December: Central declares Nagaland as ‘Distributed Area’, central government declared entire Nagaland as a ‘Distributed Area’ for six months under AFSPA Act. The government also declared the state as ‘distributed and dangerous.
(Source- Times of India)
Case Laws:
Paramvir Singh vs. Baljit Singh (2021)
Fact: - In this case, an SLP was filed by Paramvir Singh, who had raised an issue with regards to audio and video recording of statements and the installation of CCTV cameras at Police stations.
Judgement: - A bench of justices R.F. Nariman, K.M. Josheph, and Aniruddh Bose in Supreme Court gave directions to install CCTV Cameras in all the Police stations across India. The CCTV Cameras are to be installed at all entry points, lockups and corridors etc. CCTV systems must be equipped with night vision. The court has also directed the Central government to install cameras in the offices of Central Agencies.
Satish Ragde vs. State of Maharashtra (2021)
Fact: - A 12-year-old girl was taken away by accused to his house under some false pretexts. The accused pressed her breasts and even tried to disrobe her dress. At the very time her mother reached the spot and rescued her daughter.
Judgement: - The Bombay High Court had given a controversial judgement, it says no ‘sexual assault’ if there is no skin-to-skin contact even with sexual intent. The judgement received a huge backlash from different communities. Later the Supreme Court stayed the order.
Rachna vs. Union of India (2021)
Fact: - In this case the petitioners who had given their last attempt in the civil services examination sought for an extra chance citing difficulties created by the covid-19 pandemic and nationwide lockdown.
Judgement: - The court dismissed the plea and held that no relaxation shall be given for aspirants who have exhausted their last chance due to covid-19 pandemic.
Election commission of India vs.MR Vijay Bhaskar (2021)
Facts: - In this case the Election Commission filed a petition against media to restrain them from reporting oral remarks of judges.
Judgement: - A bench of two judges (Justice D.Y Chandrachud and M.R Shah) in Supreme Court gave its verdict and gave freedom to the media to report all the oral observations made by lawyers and judges during a court hearing. It said that restraining media will be unconstitutional and against the Article 19 (1) of the Indian Constitution, as Freedom of Speech and Expression would be violated.
Dr. Jaishree Laxmanrao Patil vs. The Chief Minister of Maharashtra (2021)
Fact: - In the Maharashtra Government appointed M.G. Gaikwad Committee recommended 12% reservation in educational institution and 13% reservation in government employment for Maratha Community. Upon such recommendation the Maratha Government enacted Maharashtra State Socially and Educationally Backward Class (SEBC) Reservation Act,2018, but the quota increased to 16%.
The constitutional validity of the Act was challenged before the Bombay High Court as it was beyond the ceiling limit of 50% as prescribed in the Indra Sawhney vs. Union of India.
Judgement: - The Supreme Court struck down the Maharashtra SEBC Act. It also held that if the Marathas considered as backward class it would violate the Article 16 of the Indian Constitution.
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