In view of ensuring ‘Right to Health’, adequate medical facilities and an adequate number of doctors in the rural areas, an important order has been passed by the Patna High Court in the current circumstances of a ‘Pandemic’. The Order is in line with judiciaries endeavor to fulfill its obligation towards securing social justice for the poor and especially for the people living in rural parts of our country.
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Saving Gudiya: Laws, Rights of Victim, Role of Government, Judiciary, and Society
In the countless cases of rape and sexual assault that we encounter as lawyers, victims often find themselves grappling with confusion and uncertainty. They’re unsure of what to do, what to expect, and the rationale behind each step in both the pre-trial and trial stages. This lack of legal orientation and guidance breeds immense anxiety, leaving victims vulnerable to exploitation as they seek even the most basic legal information. Essential rights—such as timely access to an FIR, support during testimony, compensation, and free medical treatment—are frequently withheld, compounding the trauma they’ve already endured.
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The real competency test for the Nation isn’t ordering lock-down – it’s coming out of it.
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It’s for the first time in the history of our planet that the entire Humankind is together and is focused on fighting with one problem.
Continue reading “Pandemic – ‘Nationwide Lock-down’ A Tale of Caution & Hope”Of Roaring Lions and Squeaking Mice!
In the tapestry of legal history, there are moments that echo with resonance, revealing the courage of those who refuse to be silenced. Consider the words of Francis Bacon, who likened judges to “Lions under the throne,” guardians of justice and truth. Yet, as time unfurled its chapters, another narrative emerged. In the famous Second World War case of Liversidge v Anderson, where Lord Atkin delivered his powerful dissenting speech, he commented on the arguments of the lawyers and stated that this level of reasoning would have been acceptable to the Court of Kings Bench in the time of Charles I (a monarchy) but not in a democracy! sadly, this reasoning was accepted by all of his brother judges. The subjective interpretation adopted by his brother judges who were then pleasing to politicians provoked a letter to Lord Atkin from Mr Justice Wintringham Stable. The letter expressed approval of Lord Atkin’s dissent, and then added:
‘Catch-Up’ principle and ‘Consequential Seniority’ in Promotion
The Hon’ble Supreme Court in the case of Indra Sawhney & Ors. Vs. Union of India & Ors, reported in 1992 Supp.(3) SCC 217, held that Article 16(4) of the Constitution does not permit reservations in the matter of promotion. Thereafter, the Constitution (Seventy-Seventh) Act, 1995 came into force on 17.6.1995. Later on, the Hon’ble Supreme Court in the cases of Union of India & Ors. Vs. Virpal Singh Chauhan & Ors., reported in (1995) 6 SCC 684, Ajit Singh Januja & Ors. (Ajit Singh-I) Vs. State of Punjab & Ors., reported in (1996) 2 SCC 715 and Ajit Singh (II) & Ors. Vs. State of Punjab & ors., reported in (1999) 7 SCC 209, introduced the catch-up rule and held that if the senior general candidate is promoted then he will regain his seniority on promotion post above junior reserved promotes. It was also held that consequential seniority on promotion post is not covered by Article 16(4A).
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