COFEPOSA — Sec. 3(1) — Detention order was passed by the Detaining Authority thereby directing detention of the detenu with a view to prevent him from acting in any manner prejudicial to the augmentation of foreign exchange in future-Art. 22 — Constitution of India, 1950— Chapter II of Foreign Exchange Management Act, 1999 provides for "Regulation and Management of Foreign Exchange". Section 3 — Foreign Exchange Management Act, 1999, specifically prohibits dealing in foreign exchange without the general or special permission of the Reserve Bank of India- Section 4 — Foreign Exchange Management Act, 1999, specifically provides that no person resident in India shall acquire, hold, own or possess or transfer any foreign exchange, foreign security or any immovable property situated outside India, except as otherwise provided under the Act-Detention order is liable to be quashed and set aside theorder-Appeal allowed.
Held: (Paras- 8,9,10,16,28,34,56, 59, 60. 62,68,72)
Result: Appeal allowed.
Indian Penal Code, 1860 —Sec. 302, 307, 333, 355 and 379, 34, 120B — Murder define—Attempt to murder— Voluntary causing the grievous hurt to deter the public servant from his duty- Theft define- Act done by several persons in furtherance of the common intention— Criminal Conspiracy- Sec. 27 — Arms Act, 1959-Punishment for using arms, etc.-Sec. 161 — CrPC,1973- Examination of witnesses by police- Impugned judgment set aside—Appeals ae partly allowed.
Held: (Paras- 7,8,10,16,17,19,23, 28,34,38,39,44)
Result: Appeals are partly allowed.
Appellant and the private respondents were engaged on semi—skilled posts such as Fitters and Machinists in respondent Factory. A common select list of candidates based on merit was issued by the General Manager of respondent No.2-Factory in the year 1995 wherein the appellant herein was placed at a higher position than the private respondents, appointment order was issued in the favour of the appellant for the post of 'Fitter General(semi-skilled)' in Factory-Class II Direct Recruits Engineering Officers' Association v. State of Maharashtra-Applicability of the Government Order dated 4th August, 2015 cannot ensure to the benefit of the appellant as its operation is clearly prospective—No infirmity in the order- Appeal dismissed-Application disposed.
Held: (Paras- 7,8,10,12,18,19, 20., 23, 28, 3 4,39,40,45,49,50,53,54)
Result: Appeal dismissed.
Constitution of India, 1950— Art. 32, 14, 15, 19(1)(a), 21, 21A, 38(2), 39(e) & (f), 45, 47& 51 —Equality before law — Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth - Protection of certain rights regarding freedom of speech, etc. — Protection of life & personal liberty -Right to education - State to secure social order for promotion of welfare of people—Certain principles of policy to be followed by State- Provision for free & compulsory education for children -Duty of State to raise level of nutrition & standard of living &to improve public health-Promotion of international peace & security - Prohibition of Child Marriage Act 2006(PCMA) —Sec. 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 15, 16 -Child marriages to be voidable at option of contracting party being child - Provision for maintenance & residence to female contracting party to child marriage —Custody & maintenance of children of child marriages — Legitimacy of children born of child marriages — Punishment for promoting or permitting solemnisation of child marriages-Power of district court to modify orders issued u/ Ss. 4 or 5 — Male adult marrying child - Solemnising child marriage — Promoting or permitting solemnisation of child marriages -Marriage of minor child to be void in certain circumstances - Power of court to issue injunction prohibiting child marriages- Offences to be cognizable & non-bailable - Child Marriage Prohibition Officers- Child Marriage Restraint Act 1929 (CMRA) - 2a, 2b& 2d - Child, meaning of— Child marriage, meaning of —Minor, meaning of -Protection of Children from Sexual Offences Act, 2012 (POCSO) - S. 2(d) — Child, defined — Indian Penal Code, 1860 - Sec. 375 — Rape — Bharatiya Nyaya Sanhita, 2023-S. 63d(vi) — Man is said to commit "rape" if he —Juvenile Justice (Care & Protection of Children) Act 2015(JJA) - Sec. 2(14), 27, 106& 107 - Child in need of care & protection, meaning of -Child Welfare Committee- State Child Protection Society & District Child Protection Unit - Child Welfare Police Officer & Special Juvenile Police Unit —Commissions for Protection of Child Rights Act 2005(CPCRA) —Sec. 13 &24 — Functions of commission — Application of certain provisions relating to National Commission for Protection of Child Rights to State Commissions — Legal Services Authorities Act, 1987- S. 12 (c) -Criteria for giving legal services - Child marriage-Prevention of — Sought -Principle of parens patriae — CMRA originallydid not stipulate provision for prevention of child marriage -Offences u/CMRA were made party cognizable through amendment post-independence — Legislative intervention was animated by concern for population control rather than autonomy or agency of children - This remained unchanged till Parliament repealed CMRA &enacted PCMA — Act provides for governing parties to child marriage after its commission, punitive measures against offenders of act as well as provisions for prevention of child marriage - Provisions seek to safeguard interest of child bride & child born out ofit - PCMA does not prescribe mandatory minimum punishment for committing offence - Non-prescription of minimum mandatory sentence has led to its ineffective enforcement - PCMA seeks to eliminate child marriages by deterrence & prevention - PCMA prescribes appointment of Child Marriage Prohibition Officers (CMPOs)forthis- CMPOs are inundated with other multifarious duties, impedes effectiveness of child marriage prevention measures - Given obligations expected to be discharged by CMPO, no officer with other responsibilities shall be appointed as CMPO - POCSO Act applies to all children regardless of gender -Marital rape exception to rape provision in S. 375 continued to protect men for having sex with their minor wives - This court removed inconsistency & struck down exception to penal provision on rape u/S. 375 in so far as it related to minor -S. 63 is pari materia to S. 375 —Principles of POCSO Act are threatened by commission of child marriage — JJA forms important instrument concerning child marriages—National Commissions for Protection of Child Rights (NCPCR)&State Commissions for Protection of Child Rights (SCPCR), u/Ss. 13 & 24 of CPCRA, serve roles of review, monitoring &oversight of legal framework on child rights - Effective implementation of PCMA also falls within subject matter of NCPCR & SCPCR — Union Government implemented schemes aimed at empowering young girls & women - Despite these efforts, there remains gap in implementing specific, targeted measures focused solely on prevention of child marriage — State & UT introduced training programs, awareness initiatives& financial incentives to enforce PCMA —Number of cases leading to FIRs is low across most states compared to number of marriages reported, highlighting gaps in legal action & prosecution efforts — Early international conventions did not explicitly prohibit child marriage — With evolution of international law, community of nations inched closer to agreeable standard against child marriage-Art. 51 emphasizes importance of international law & treaty obligations, urging Indian state to make efforts to adhere to & respect international legal standards — Material deprivation of health, education, employment & life opportunities wreaked by child marriage is affront to constitutional principles of equality, liberty & free expression — Child marriage denies women their health which is vital to lead dignified life - Minority of woman's age at time of her marriage has heightened impact on her education -Right to primary education is fundamental right u/Art. 21A - Duty of State corresponds to right to development of child tracible to Art. 14, 19(1)(a), 21 & 15 - Sex education imperative for children to process experiences which they are to inevitably encounter - Child marriage, has risk of health complications to arise out of adolescent sex & childbearing—Boys married at young age feel pressures associated with sexual performance — State's role is not limited to merely punishing offenders but extends to creating an enabling environment where children can exercise their rights freely - Principle of parens patriae, where State assumes protective role akin to that of guardian, is relevant - Focus on penalisation reflects harmbased approach which waits for harm to occur before taking steps - This approach ineffective at bringing about social change- In light of Constitutional guarantees accruing to children, this Court observes certain gaps in PCMA -Directions& suggestions.
Held: (Paras 34, 37, 38, 42, 51, 52, 65, 70, 75, 78, 80, 81, 88, 91, 92, 98, 101, 102, 116, 118, 163, 170, 188, 191, 194-196, 199, 204, 211 & 212)
Result: Petition disposed of
Rights of Persons with Disabilities Act, 2016 — Appellant applied for the National Eligibility Cum Entrance Test NEET (UG), 2024 for admission to MBBS Course from the category of Persons with Disability (for short "PwD") and Other Backward Classes (OBC), application form had a disclaimer clause which stated that the eligibility under the PwD Category was purely provisional and was to be governed as per the National Medical Commission (NMC) guidelines regarding admission of students with "specified disabilities" under the Rights of Persons with Disabilities Act, 2016 —Article 41 in the Directive Principles of State Policy- Right to work, to education and to public assistance in certain cases- Ravinder Kumar Dhariwal & Anr. vs. Union of India and Others, (2023) 2 SCC 209- The Disability Assessment Boards should state reasons in the event of the Disability Assessment Boards concluding that the candidate is not eligible for pursuing the course-Impugned order set aside-Appeal allowed.
Held: (Paras- 8,9,17,23,29, 34,39, 40,46,47,52,53,54)
Result: Appeal allowed.
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