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Bar and Bench

@barandbench

Sep 14, 2020 • 13 tweets • 4 min read • Read on X

@Iyervval

Delhi HC begins hearing a PIL to recognise same-sex marriage under Hindu Marriage Act.

#samesexmarriage #homosexuality #LGBT

@Iyervval

He are seeking to impose marriage equality under Hindu Marriage Act. The Act does not say that marriage has to take place between a man and a woman: Adv Raghav Awasthi for the Petitioners.

#samesexmarriage

Benefits available to heterosexual are thus not available to homosexual couples: Awasthi

Have any homosexual couples applied for marriage registration but were denied? : Court

Yes, but they were not willing to come before the Court. Thus, the PIL: Awasthi

My instructions are that such marriages are not being registered: Awasthi

What Petitioners are seeking cannot ve granted: SG Tushar Mehta

Our legal system, society and values do not recognise marriage between same sex couples : SG Tushar Mehta

SG Tushar Mehta reads the section of degree of prohibited relationships under Hindu Marriage Act, says it refers to "man" and "woman".

At the moment, we are asking that is a PIL maintainable.: Court

I checked up the law. Court can't legislate : SG Mehta

I won't even file an affidavit. I will rely on statutory provisions: SG Mehta

Court may bear in mind that Surpreme Court only decriminalized homosexuality. Nothing more or less: SG Mehta

The Supreme Court gave reasons: Justice Prateek Jalan

If there are any aggrieved persons, they can can come. No question of a PIL : Court

You give names of such persons: Court

One of the petitioners, Mr Gopi Shankar is trying to get his marriage registered. I will take instructions: Awasthi.

Court grants time to the Petitioners to submit list of persons who are aggrieved by non registration of same sex marriage under HMA.

Matter adjourned till Oct 21
.

@Iyervval

Our legal system, values do not recognise same-sex marriage: SG Tushar Mehta tells Delhi HC

barandbench.com/news/litigatio…

@Iyervval #tusharmehta #marriage

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Bar and Bench

@barandbench

Aug 13

#SupremeCourt order on #straydogs is out. “City hounded by strays, kids pay price.” Here are the 10 crucial takeaways from the judgment

1. Dog pay price, kids pay price
The court called the situation extremely grim. There were more than 37 lakh reported dog bites in 2024, including 25,201 in Delhi alone. Infants, young children, the elderly and the homeless are the most vulnerable. Rabies means certain death if not treated in time.

#straydogsdelhi

2. Immediate pickup from NCR localities
Delhi, MCD, NDMC, NOIDA, Ghaziabad, Gurugram and Faridabad have been told to start picking up stray dogs from all areas, starting with the most vulnerable localities. If needed, a dedicated force should be created. Any resistance will attract the strictest action.

3. No release back on streets
Once a dog is captured, it must be kept in a shelter or pound. It cannot be sent back to the locality. The court has warned that if even one dog is released back, stern action will follow.

4. Mandatory shelter creation in 8 weeks Authorities must set up shelters across NCR within eight weeks. They should have sufficient space, trained staff and veterinary facilities. CCTV cameras are to be installed to ensure no dogs are removed or released.

5. Humane care in shelters
The court said there must be no mistreatment or cruelty. Shelters must not be overcrowded. Dogs must be fed regularly and given timely medical care. At least two responsible staff members must be present at all times. Weak and vulnerable dogs should be kept separately.

Read 7 tweets

Bar and Bench

@barandbench

Aug 13

Delhi High Court refused to entertain a public interest litigation (PIL) concerning illegal construction in a village on the border of Delhi and Haryana.

Counsel for petitioner - In the area of the village, they are running cafes, banquet halls. The entire area is affected. The road is used for commute. A marriage procession causes traffic.

Chief Justice - Whether construction of these banquet halls are banned by law?

Read 10 tweets

Bar and Bench

@barandbench

Aug 13

Supreme Court hears plea by the Governor of Kerala in his capacity as Chancellor of APJ Abdul Kalam Technological University, challenging a High Court ruling which upheld the State government’s authority to recommend temporary VCs.

Bench: Justices JB Pardiwala and R Mahadevan

A fresh application has been filed by the State of Kerala challenging an earlier notification by the Governor (Chancellor) that had re-appointed Dr. K Sivaprasad as a temporary VC of the University.

AG R Venkataramani: the governer has issued an order entirely in terms of the Court’s orders. Their request is that an interim VC can be appointed unless we give a recommendation to the chancellor don’t pick up the interim VC.

Read 14 tweets

Bar and Bench

@barandbench

Aug 13

Delhi Government tells the Delhi High Court that nine jail officials have been suspended over allegations of inmates and jail authorities running an extortion racket at Tihar Jail.

The Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela today heard the matter.

Chief Justice - Pursuant to our order, an application has been moved by Principal Secretary, GNCTD seeking a week’s time to comply with earlier directions.

Read 5 tweets

Bar and Bench

@barandbench

Aug 13

Supreme Court hears suo motu case on deforestation in Hyderabad’s Kancha Gachibowli area, over felling of trees near University of Hyderabad.

Bench: Chief Justice BR Gavai and Justice K Vinod Chandran.

In the last hearing, court observed that while sustainable development is important, it does not mean that forests can be destroyed overnight with bulldozers.

The Court had earlier warned the Telangana government of stern action if it fails to take steps to restore the lost forest cover.

Read 7 tweets

Bar and Bench

@barandbench

Aug 13

Supreme Court hears ED plea challenging bail granted to Nagpur-based trader Wasim Bawla for his alleged involvement in the smuggling of foreign-origin betel nuts through the India-Myanmar border.

Bench: Chief Justice BR Gavai and Justice K Vinod Chandan.

Order: Learned counsel submitted that the learned judge of the High Court erred in granting bail in such serious offence.

Order: The learned judge, by an elaborate order, found the petitioner entitled to bail. While granting bail, the judge observed that the principal accused was at liberty and, as such, the petitioner could not be denied bail.

Read 4 tweets

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