1. Supreme Court Upholds Employment Rights of Military Cadets with Disabilities
The Supreme Court has held that military cadets who are unable to continue their training due to benchmark disabilities are entitled to claim the 4% reservation in government employment under Section 34 of the Rights of Persons with Disabilities Act, 2016. The Court observed that being out-boarded from military training due to disability should not deprive cadets of employment opportunities. It also directed the authorities to formulate a suitable scheme for cadets having less than 40% disability. The ruling reinforces the principle of equal opportunity and ensures that disability does not become a ground for exclusion from public employment.
2. Supreme Court Clarifies Application of Section 498A to Live-in Relationships
The Supreme Court has clarified that Section 498A cannot automatically be applied to every live-in relationship. The Court held that criminal liability may arise where the relationship is in the nature of marriage, and the parties had an intention to marry. It further directed that arrests should not be made mechanically without a preliminary inquiry. The ruling seeks to distinguish genuine matrimonial-like relationships from ordinary live-in arrangements while ensuring protection against cruelty. The Court's observations also emphasise the need for procedural safeguards so that criminal law is not invoked unnecessarily in disputes arising from personal relationships.
3. Supreme Court Permits Withdrawal of FIRs Against CJP Protesters Subject to Conditions
The Supreme Court has clarified that the Delhi and other State governments may withdraw FIRs registered against protesters involved in the recent CJP-led demonstrations. However, the Court made it clear that such protection would not extend to persons having serious criminal antecedents. The proceedings also involved concerns regarding the use of force against protesters, with the Court indicating that a comprehensive framework may be laid down regarding the use of pellet guns. The observations underline the need for proportionality while dealing with public protests and seek to balance the maintenance of public order with the constitutional protection available to peaceful protesters.
4. Supreme Court Directs Greater Representation of Women in State Bar Councils
The Supreme Court has issued directions to increase women's representation in State Bar Councils across the country. The Court directed that two women members be co-opted into every State Bar Council. These members are to be nominated by the Chief Justice of the concerned High Court from among former women High Court judges or senior women advocates. The directions form part of the Court's ongoing efforts to achieve 30% representation of women in State Bar Councils. The move aims to address the under-representation of women in legal institutions and encourage greater participation of women in the administration and governance of the legal profession.
5. Supreme Court Issues Nationwide Directions to Combat Digital Arrest Scams
The Supreme Court has issued a series of directions to strengthen the country's response to digital arrest scams. The Court directed the Reserve Bank of India to prepare a Standard Operating Procedure within four weeks for dealing with mule bank accounts used in cyber fraud. The directions aim to improve coordination between financial institutions and investigating agencies and prevent fraudulent funds from being transferred through such accounts. The Court's intervention highlights the growing threat posed by cyber-enabled financial crimes. It also underlines the need for effective preventive mechanisms and coordinated institutional action to protect citizens from increasingly sophisticated forms of online fraud.
6. Financial Constraints Cannot Justify Opposition to Higher Retirement Age of Judges: Supreme Court
The Supreme Court has observed that State governments cannot oppose an increase in the retirement age of judicial officers merely on the ground of financial burden. The Court noted that retaining experienced judicial officers could involve less financial liability than filling vacancies created by their retirement. The observation highlights the importance of experience and continuity in the judicial system. The Court also indicated that financial considerations alone should not determine policies concerning the functioning of the judiciary. Retaining experienced judges may help address vacancies, improve judicial efficiency and contribute to the timely disposal of cases pending before subordinate courts.
7. Supreme Court Clarifies Restrictions on Circulation of Court Proceedings Recordings
The Supreme Court has clarified that its restrictions on audio and video recordings of court proceedings do not prevent recognised news organisations from reporting on hearings. However, recordings of courtroom proceedings cannot be circulated, uploaded or monetised on social media and other platforms without prior permission. The clarification distinguishes legitimate reporting from unauthorised use of courtroom recordings. The Court's approach seeks to maintain transparency in judicial proceedings while preventing misuse of audio and video material. Recognised media organisations can continue reporting proceedings, but the unauthorised circulation of recordings remains subject to the Court's restrictions.
8. Supreme Court Examines Balance Between RTI and Right to Privacy
The Supreme Court has observed that a careful balance must be maintained between the right to information and the fundamental right to privacy. The Court was hearing challenges to amendments affecting Section 8(1)(j) of the Right to Information Act, introduced through the Digital Personal Data Protection Act. The amendment has raised concerns regarding the disclosure of personal information under the RTI framework. The Court's observations highlight the constitutional tension between transparency and privacy. The case may have significant implications for how public authorities disclose personal information while protecting individuals against unnecessary interference with their private lives.
9. Supreme Court Emphasises Professional Conduct of Lawyers Towards Opposing Parties
The Supreme Court has held that a lawyer's duty of professional conduct extends beyond the interests of his own client. The Court observed that advocates must behave respectfully towards opposing lawyers as well as parties appearing against them. The matter concerned an advocate accused of assaulting and threatening an opposing litigant inside court premises, following which he was suspended from legal practice by the Bar Council of India. The Court emphasised that professional rivalry cannot justify misconduct or intimidation. The observations reinforce the responsibility of advocates to maintain the dignity of judicial proceedings and uphold the standards expected from members of the legal profession.
10. Supreme Court Dismisses Plea Alleging Discrepancies in NEET OMR Sheets
The Supreme Court has dismissed a petition filed by six NEET UG candidates alleging discrepancies in their OMR answer sheets. The students claimed that the answers originally marked by them differed from those reflected in the OMR sheets uploaded by the National Testing Agency. The petitioners sought judicial intervention and corrective action regarding the alleged discrepancies. The Court, however, declined to grant the relief sought. The decision reflects the Court's cautious approach towards interfering with examination processes in the absence of sufficient material establishing irregularities. It also highlights the importance of producing clear evidence when challenging examination records or results before a court.
