💑 LGBTQI+ RIGHT TO UNION ✅ OR MARRIAGE❓

✓ Case law - Supriyo v. UOI, 2023
✓ 5 Judges - 3:2 Split verdict
✓ Majority - 3 (Justice Bhat, Hima Kohli J and PS narsimha J) : 2(CJI &
Justice S.K. Kaul)

🎬Flashback- 20 Petitions were filed by Queer couples claiming that Special marriage act (SMA) , foreign marirage act, hindu marriage act are discriminatory as they do not recognise LGBTQI+ marriage.
✓Court refused to entertain oersonal laws hence proceeded with SMA

✅Issue No. 1 - Adoption Rights to Queer couple.

👩‍👦DISSENTING opinion by 2 Judges.
— Regulation 5(3) is contrary to the spirit and letter of the JJ Act and Section 57 in particular. The assumption made by CARA that only married heterosexual couples can provide a stable household for a child is wrong. There is no single form of a stable household, and the law should not discriminate against unmarried couples, (however individually are allowed)

[Read down 'Marital' to married or unmarried couple as against Article 15, CARA and adoption regulation (delegated legislation) not conforming to JJ Act]

👪 MAJORITY Opinion
(There is an urgent need of regulation for the protection of rights of Queer parents and children, grey area)

✓ Why 57(2) exclusively for married couples because for the protection & "best interest of child" when marriage is broken.

— Point- This framework ensures that if one parent abandons the relationship, the other can still maintain themselves and provide for the child, a remedy that couples without legal recognition of marriage are deprived of.

[Thus state had an urgent need to grant the full range of rights to queer parents and children becaus eof no legal recognition]

✅Issue No. 2 - Legal Recognition to LGBTQI+ marriage.

The Court also unanimously held that that queer couples have a right to cohabit without any interference but no directions were passed to legally recognise there marriage.

👩‍👦DISSENTING Opinion
—> Freedom of queer community to enter into unions is guaranteed under the Constitution.
—> Special marriage act violative of Article 14 but it is the parliament to decide and not court.

👪MAJORITY Opinion

☑️Entitlement to civil union could only be through enacted law.

☑️POINT: Present case is not similar to earlier cases where protection was from violence but here the question of marriage which is a social institution and there could not be an unqualified right to marry which was to be treated as a fundamental right.
 
☑️This matter contains lot of policy making and legislature can do so constitutionally

☑️ Queer couple have right to relationship but state is not obliged to protect those rights.

☑️ Gender neutral interpretation of the Special Marriage Act may not be equitable and could result in women being exposed to vulnerabilities in an unintended manner (misuse)

☑️Transgender persons in heterosexual relationships to marry as per existing law said by CJI (dissent also)

— Directed - High powered committee to examine the rights for LGBTQI+ Union.

💯The conclusions mentioned by justice bhat are final directions given by majority the image is attached below 👇

#Case_brief
@CurrentLegalGK

HONY and HOB: Copyrights in the Digital Market and the 'Modicum of Creativity'
https://www.thequint.com/opinion/hony-hob-brandon-stanton-karishma-mehta-copyrights-in-the-digital-market

Socio-Economic offences and laws.

✓ No plea bargain is allowed
✓ Moral turpitude offences.

#chapter_21A_of_crpc

@CurrentLegalGK

🥂🍺Section 84, 85 and 86 of Indian penal code.

[Basdev v State of Pepsu AIR 1956]

“So far as knowledge is concerned, we must attribute to the intoxicated man the same knowledge as if he was quite sober. But so far as intent or intention is concerned, we must gather it from the attending general circumstances of the case paying due regard to the degree of intoxication. Was the man beside his mind altogether for the time being? If so it would not be possible to fix him with the requisite intention. But if he had not gone so deep in drinking, and from the facts it could be found that he knew what he was about, we can apply the rule that a man is presumed to intend the natural consequences of his act or acts.”

#Mental_incapacity
#Insanity
#Intoxication

@CurrentLegalGK

🕉️🕌 Are personal law; law under Article 13

The Tussle Between Personal Laws And Fundamental Rights

Narasu appamali and sabrimala Judgement
Uniform civil code

@CurrentLegalGK

1. https://www.legalserviceindia.com/legal/article-9760-the-tussle-between-personal-laws-and-fundamental-rights.html


2. https://www.livelaw.in/know-the-law/justice-narimans-revival-of-doctrine-of-manifest-arbitrariness-to-strike-down-legislation-150312.

Justice Nariman's Revival Of Doctrine Of "Manifest Arbitrariness" To Strike Down Legislation
https://www.livelaw.in/know-the-law/justice-narimans-revival-of-doctrine-of-manifest-arbitrariness-to-strike-down-legislation-150312

Speedy trial of civil cases
[Yashpal Jain v. Sushila Dev]


✅All courts at district and taluka levels shall ensure proper execution of the summons and in a time bound manner as prescribed under Order V Rule (2) of CPC and same shall be monitored by Principal District Judges and after collating the statistics they shall forward the same to be placed before the committee constituted by the High Court for its consideration and monitoring.
✅All courts at District and Taluka level shall ensure that written statement is filed within the prescribed limit namely as prescribed under Order VIII Rule 1 and preferably within 30 days and to assign reasons in writing as to why the time limit is being extended beyond 30 days as indicated under proviso to sub-Rule (1) of Order VIII of CPC.
✅All courts at Districts and Talukas shall ensure after the pleadings are complete, the parties should be called upon to appear on the day fixed as indicated in Order X and record the admissions and denials and the court shall direct the parties to the suit to opt for either mode of the settlement outside the court as specified in sub-Section (1) of Section 89 and at the option of the parties shall fix the date of appearance before such forum or authority and in the event of the parties opting to any one of the modes of settlement directions be issued to appear on the date, time and venue fixed and the parties shall so appear before such authority/forum without any further notice at such designated place and time and it shall also be made clear in the reference order that trial is fixed beyond the period of two months making it clear that in the event of ADR not being fruitful, the trial would commence on the next day so fixed and would proceed on day-to-day basis.
✅In the event of the party’s failure to opt for ADR namely resolution of dispute as prescribed under Section 89(1) the court should frame the issues for its determination within one week preferably, in the open court.
✅Fixing of the date of trial shall be in consultation with the learned advocates appearing for the parties to enable them to adjust their calendar. Once the date of trial is fixed, the trial should proceed accordingly to the extent possible, on day-to-day basis.
✅Learned trial judges of District and Taluka Courts shall as far as possible maintain the diary for ensuring that only such number of cases as can be handled on any given day for trial and complete the recording of evidence so as to avoid overcrowding of the cases and as a sequence of it would result in adjournment being sought and thereby preventing any inconvenience being caused to the stakeholders.
✅The counsels representing the parties may be enlightened of the provisions of Order XI and Order XII so as to narrow down the scope of dispute and it would be also the onerous responsibility of the Bar Associations and Bar Councils to have periodical refresher courses and preferably by virtual mode.
✅The trial courts shall scrupulously, meticulously and without fail comply with the provisions of Rule 1 of Order XVII and once the trial has commenced it shall be proceeded from day to day as contemplated under the proviso to Rule (2).
✅The courts shall give meaningful effect to the provisions for payment of cost for ensuring that no adjournment is sought for procrastination of the litigation and the opposite party is suitably compensated in the event of such adjournment is being granted.
At conclusion of trial the oral arguments shall be heard immediately and continuously and judgment be pronounced within the period stipulated under Order XX of CPC.
✅The statistics relating to the cases pending in each court beyond 5 years shall be forwarded by every presiding officer to the Principal District Judge once in a month who (Principal District Judge/District Judge) shall collate the same and forward it to the review committee constituted by the respective High Courts for enabling it to take further steps.

✅The Committee so constituted by the Hon’ble Chief Justice of the respective States shall meet at least once in two months and direct such corrective measures to be taken by concerned court as deemed fit and shall also monitor the old cases (preferably which are pending for more than 05 years) constantly.

#pending_cases
#speedy_trial
#essay

@CurrentLegalGK

Why did the Supreme Court not allow same-sex marriage? | Explained - https://www.thehindu.com/news/national/why-did-the-supreme-court-not-allow-same-sex-marriage-explained/article67446993.ece, For the best experience read this on The Hindu App. https://bit.ly/THNewsApp

Principles To Dying Declaration S.32(1)

#evidence_act

Paranagounda vs State of Karnataka 2023

+

Abhishek Sharma vs Govt of NCT Delhi 2023

@CurrentLegalGK

evidence topic wise case list

@CurrentLegalGK

Legal article - Questions in parliament by MPs

BRIBE Issue

How Laws Are Made In India
https://www.livelaw.in/articles/parliament-constitution-bills-laws-india-240655