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Live Law

@LiveLawIndia

Apr 15

#Breaking Karnataka HC holds 'Right to Menstrual Leave' as a facet of 'Right to Life'.

"...Men and women stand equal in the eyes of the law; yet, they are biologically distinct. To acknowledge such differences, particularly in matters concerning health, dignity, and bodily autonomy, is not to transgress the guarantee of equality, but to give it substantive meaning", order reads.

"....While the organized sectors may be regulated through Government orders and legislative intervention, the unorganized sector requires a more
facilitative mechanism. However beyond regulatory
frameworks, what remains imperative is, a sustained and pervasive effort to sensitize all segments of society, reaching every corner of the State to foster awareness, empathy and compliance."

"...Menstruation, often referred to as periods, is not an
aberration, but a natural and indispensable facet of women’s reproductive cycle. It is a recurring monthly phenomenon wherein, the body governed by delicate hormonal rhythms sheds the uterine lining resulting in bleeding, that typically endures for 3 to 7 days. Yet beyond its clinical description lies a lived experience, one that may be accompanied by discomfort, fatigue, and emotional upheavals...", the court notes in the order.

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Live Law

@LiveLawIndia

Apr 15

#SupremeCourt to hear today plea filed by Assam Police against the grant of transit anticipatory bail to Congress leader @Pawankhera in connection with an FIR filed by Assam CM Himanta Biswa Sarma's wife, Riniki Bhuyan Sharma, over Khera's allegations that she held multiple passports of different countries

Bench: JJ. JK Maheshwari and Atul S Chandurkar

A Single Bench of the Telangana HC granted anticipatory bail to Khera for 1 week, subject to conditions, including that he will approach the Gauhati HC to seek appropriate relief

Assam govt has challenged the bail order on the ground that the anticipatory bail petition was filed in Hyderabad, whereas Khera has not shown reason why he cannot come to Assam and file for anticipatory bail there.

#PawanKhera

@Pawankhera Read more about the HC order here:

livelaw.in/high-court/tel…

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Live Law

@LiveLawIndia

Apr 13

#SupremeCourt to shortly hear a case concerning the rape and murder of a 4-year-old child, where it earlier flagged the failure of police to invoke sexual assault provisions and refusal of two private hospitals to treat the child when she was still alive.

Bench: CJI Surya Kant and J Joymalya Bagchi

On the last date, the Court directed the Commissioner of Police, Ghaziabad, to appear in person

The petition seeks transfer of investigation to CBI or a Special Investigation Team for a time-bound probe, along with action against police officials for alleged assault and intimidation, and against the hospitals for refusing treatment.

Prior to the bench rising for lunch break, ASG Aishwarya Bhati mentioned the matter, seeking permission for the Commissioner to leave as there was a law-and-order situation

The bench allowed the same

An ACP and the concerned SHO to remain present.

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Live Law

@LiveLawIndia

Apr 13

#SupremeCourt hears PIL related to #WestBengalSIR

Sr Adv for petitioners: We are before the appellate tribunal. Matter not being taken up. ECI says freezing date is 9th. If date is extended, I won't be here. I am a mapped voter with Aadhaar card, Passport

CJI: HC CJ has informed appellate tribunal hearing matters since today morning. tribunals can't be blackmailed like this. we are not to decide this. tribunal will decide

Sr Adv: ECI is not placing matters before J Sivagnanam

J Bagchi: We are taking a graded approach to ensure all rights, including fundamental duty of ECI, are balanced and a fair and balanced exercise is undertaken

Bench: CJI Surya Kant and J Joymalya Bagchi

Sr Adv DS Naidu for ECI: Anybody who has been there in that (2002 roll), is automatically in, provided they can give their credentials, without any discrepancy

J Bagchi: 2002 roll is benchmark. In the logical discrepancy list...in your final list, you did not delete them

Naidu: Every person has to submit form

J Bagchi: When Bihar SIR was argued, submission was clear. Unequivocal! A person in 2002 roll need not give anything

Naidu: Such person only needs to prove he is the same person.

J Bagchi: Please examine written submissions in Bihar SIR. You are deviating from your original [stance].

J Bagchi to Naidu: When you go into suo motu enquiry, you are required to give hearing upon notice. That is why we wanted appellate tribunals...we have to protect due process rights

Naidu: When we have published LD lists and they are informed, they can submit objections. Please note - there are 47% rejections

J Bagchi: It's not a blame game (between state and ECI). Voter being sandwiched between constitutional entities.

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Live Law

@LiveLawIndia

Apr 13

#SupremeCourt hears the suo motu case taken up over illegal sand mining in the National Chambal Sanctuary and the threat to endangered aquatic wildlife, including gharials

Bench is informed of a forest guard who was run over by a tractor, allegedly doing sand mining

J Mehta: The photographs are self-explanatory Mr Raju, it is happening under your nose. The amicus pointed out that you do not have weapons. Why, at all is the state govt existing?

J Mehta: these escavators and bulldozers ...they are very secular, they donot see the caste of the person they are killing ....it is extremely sad state of affairs , the state governments have totally failed or rather they are in connivance.

ASG Raju: investigation may be required

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Live Law

@LiveLawIndia

Apr 13

Justice Swarana Kanta Sharma of the Delhi High Court to hear today AAP @AamAadmiParty leader Arvind Kejriwal’s @ArvindKejriwal plea seeking recusal of Justice Sharma from liquor policy case.

#Kejriwal to appear and argue the matter himself.

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