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Feb 19 6 tweets 2 min read
#SupremeCourt holds condition imposing gender cap on Orchestra Bars in Maharashtra allowing them to keep only four women singers/artists and four male singers/artists on stage to be void.
A bench of Justices KM Joseph and S Ravindra Bhat held that the said restriction directly transgressed Article 15 (1) and Article 19 (1) (g) of the Constitution of India.
"While the overall limit of performers in any given performance cannot exceed eight, the composition (i.e., all female, majority female or male, or vice versa) can be of any combination", held the bench.
The court also refused to accept the argument made by the State of Maharashtra that such restriction was imposed to protect the women.
#womensafety
In case there is any real concern for the safety of women, the state is under a duty to create situations conducive to their working, to run that extra mile to facilitate their employment, rather than to thwart it, and stifle their choice, the bench has said.
SC declares law imposing gender-cap for employment in bars in Maharashtra void, says “appears to be product of a stereotypical view that women who perform in bars and establishments belong to a certain class of society” #gender
@AishwaryaIyer24 reports
lawbeat.in/top-stories/la…

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More from @LawBeatInd

Feb 19
BREAKING: @RashmiDVS approaches Karnataka HC in ongoing #HijabRow case. Inter alia avers “alarmed at purported attempt to introduce symbols widely regarded as tending to promote discrimination & exclusion of women in state-run edu. institutions under garb of Freedom of Religion”
.@RashmiDVS tells Karnataka HC that she herself was once a student of PU College & recalls that she & peers adhered to a strict uniform code which they welcomed as it “fostered sense of sameness & community”, “fulcrum upon which entire student body united” #HijabRowInKarnataka
Despite views expressed by noted scholars & activists such as “Hijab is meant to keep muslim women oppressed” (Kerala Governor Arif Mohammed), “Veil not mandatory in Islam” (Indian muslims for secular democracy) etc, religious chauvinism being pushed: @RashmiDVS to #KarnatakaHC
Read 4 tweets
Feb 18
Allahabad HC pushes for a "bio-social approach" while dealing with cases where charges under #POCSO Act get slapped even in matters of teenage affairs.
The court said, "Their decision could be impulsive, immature but certainly not sinful." Image
High Court was hearing a bail plea of a youth who was facing prosecution for various offences including rape and Section 3/4 of POCSO Act.

The man, who was himself a teenager at that time, had run away with a 14- year-old girl and got married. The couple now has a child too.
Granting bail to the man, the high court observed,
"The scheme of the POCSO Act clearly shows that it did not intend to bring within its scope or limits, the cases of the nature where the adolescents or teenagers involved in the dense romantic affair.”
Read 4 tweets
Feb 18
Jst N Anand Venkatesh of #MadrasHighCourt commends Tamil Nadu Govt for being committed towards the cause of #LGBTQIA + community.

"Really happy that the Govt. has come forward to protect this community from harassment by police personnel and others," says Justice. Image
Records the court's "deep appreciation" to the State Govt for having brought out a glossary to address persons belonging to the #LGBTQIA+ community with dignity in the media and other fora.

Directs the media to henceforth use the words that are referred to in the glossary.
Judge reiterates confidence on the press and media and sincerely hopes that they would use the dignified expressions while addressing #LGBTQIA+ community and follow the court direction in letter and spirit.
Read 10 tweets
Feb 18
The Advocate General has completed arguments from perspective of whether the Government has any say in deciding uniforms of PU Colleges. Now, they are rebutting submissions which claimed that Hijab will be an ERP & is a fundamental right. #HijabRow
“The method and manner in which GO is assailed must be taken note of, not challenged earlier,” advocate general adds #HijabRow
Advocate General: Article 25(2) speaks of power of state to restrict or regulate by way of order. Similarly, 19(1) right can be restricted by “law to be made by state”

#Hijab
Read 13 tweets
Feb 18
A #KarnatakaHighCourt bench of Chief Justice Ritu Raj Awasthi, Justice Krishna Dixit & Justice JM Khazi to resume hearing in plea(s) by girl students challenging the alleged ban of wearing #Hijab in government pre-university colleges in Udupi district. #KarnatakaHijabRow Image
Yesterday, one of the intervenors, Dr. Vinod Kulkarni argued that “banning #Hijab is tantamount to banning Quran” & “that allowing sporting of hijab was paramount for preserving mental health of muslim students during Ramzan & on Fridays”
lawbeat.in/top-stories/ba…
The day before, one of the petitioners lawyers drew corollaries between allowing girls to wear Hijabs to school/pre uni colleges as men in turbans are allowed in the army & bindi’s and the crucifix are common symbols in institutions #HijabRow Image
Read 33 tweets
Feb 18
Delhi Court currently hearing rebuttal arguments in the bail plea moved by #UmarKhalid in #Delhiriots case involving charges under IPC and #UAPA.

Hearing before ASJ Amitabh Rawat. Image
Senior Adv Trideep Pais is arguing for Umar Khalid.

#Delhiriots
Pais mentions 16th December incident to the court.

"It was said that the JCC whatsApp group was created on my behest but I have shown that it was created by someone else," Pais

#Delhiriots #UmarKhalid
Read 13 tweets

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