Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act 2018,

On 20^th March 2018, Supreme Court of India in case Dr. Subhash Kashinath Mahajan vs The State Of Maharashtra, Criminal Appeal 416 of 2018, held that Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, process of Court was abused in this case; there is no absolute bar in this Act for anticipatory bail, arrest should be only after approval which can be scrutinized by Magistrate for further detention; to avoid false implication of innocent, complaint can only after enquiry by Deputy Superintendent of Police; in case of false complaint, complainant would be liable for disciplinary action and contempt of Court.

On 17^th Aug. 2018, Parliament of India passed Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act 2018, which received assent of President of India to make it a law. By this amendment, decision of Supreme Court of India was nullified.

This matter was largely agitated and debated by public in India.

Our Law Firm is of the view that law should be amended on the basis of past data as this law was originally enacted in 1989. Article 15 of Constitution of India prohibits discrimination on ground of sex, caste, religion or place of birth. Since long this prohibition is not achieved and for extraneous consideration for political gain; political parties are trying to appease some group to keep them in their vote bank, which is abuse of democratic process. State should endure to make country free of caste, which State has failed in many decades. It is equally responsibility of State to prevent misuse of law or filing of false complaint. The Amendment is inclined to one side and ignored that on false complaint fundamental of right of liberty shall be breached without judicial review and a person shall be victimized without trial.

Privacy is protected rights under Indian Constitution

On 24th Aug. 2017 nine Judges Bench of Supreme Court of India in case Justice K S Puttaswamy (Retd.) and others Vs. Union of India, Civil Writ 494 of 2014 held that right of privacy is protected as an interinsic part of the life and personal liberty under Article 21 and as part of freedoms guaranteed under Part III of Constitution of India subject to restrictions specified, relatable to that part.

Waiving of waiting period of six months for mutual consent divorce in India

On 12th Sept. 2017 Supreme Court of India in its judgement Amardeep Singh Vs. Harveen Singh Civil Appeal 11158 of 2017 , held that waiting period of six months in Section 13 (B)(2) (Divorce by Mutual Consent) of Hindu Marriage Act 1955 was not mandaotry and can be waived under certain circumtanses.

Section 377 Indian Penal Code and LGBT in India

On 6th Sept. 2018 Supreme Court of India, regarding LGBT, in case Navtej Singh Vs. Union of India Writ Petition Criminal 76 of 2016 declared that insofar as Section 377 Indian Penal Code, criminalises consensual sexual acts of adults (i.e. persons above the age of 18 years who are competent to consent) in private, is violative of Articles 14, 15, 19, and 21 of the Constitution of India. reading down Section 377 is necessary to exclude consensual sexual relationships between adults, whether of the same sex or otherwise, in private, so as to remove the vagueness of the provision to the extent it is inconsistent with Part III of the Constitution. History owes an apology to the members of this community and their families, for the delay in providing redressal for the ignominy and ostracism that they have suffered through the centuries. The members of this community were compelled to live a life full of fear of reprisal and persecution. This was on account of the ignorance of the majority to recognise that homosexuality is a completely natural condition, part of a range of human sexuality. The mis-application of this provision denied them the Fundamental Right to equality guaranteed by Article 14. It infringed the Fundamental Right to non-discrimination under Article 15, and the Fundamental Right to live a life of dignity and privacy guaranteed by Article. The LGBT persons deserve to live a life unshackled from the shadow of being ‘unapprehended felons’.

Muslim's Triple Talak / Divorce illegal and void in India, offence

On 19th Sept. 2018 , President of India promulgated an Ordinance - The Muslim Women (Protection of Rights on Marriage) Ordiannce 2018- Prohibited triple talaq (talaq-e-biddat); make such talaq void and illegal; punishable by imprisonment for a term which may extent to three years or / fine; Muslim woman entitled for subsistance allowance, custody of minor children; Offence compoundable at instance of married woman with permisson of Magistrate; No bail to accused without hearing Muslim woman. Complaint can be filed with Police Station.