Last Minute Revision for CLAT PG: Important Judgements for the Month of August- Part I

The Delhi High Court hears PIL Challenging the Absence of Legal Protection for Male and Transgender Rape Victims under the New Criminal Code

• Case: Public Interest Litigation on Bharatiya Nyaya Sanhita (BNS)
• Background: The Delhi High Court filed a PIL challenging the Bharatiya Nyaya Sanhita (BNS), the new criminal code replacing the IPC, for excluding provisions that penalize non-consensual acts against men and transgender individuals.
• The petitioner cited the Supreme Court’s 2018 Navtej Singh Johar vs. UOI decision, which decriminalised consensual same-sex acts but maintained penalties for non-consensual acts. The PIL argued that BNS’s omission leaves male and transgender victims unprotected.
• To assess whether amendments could bridge the gap in protections against sexual violence for all individuals, regardless of gender, the Delhi High Court listed the case before a division bench on August 13, 2024.

The Supreme Court Directs State Governments to Implement the Allied Healthcare Professions Act

• Case: Joint Forum of Medical Technologies of India v. UOI
• The Supreme Court addressed a petition seeking enforcement of the National Commission for Allied and Healthcare Professions (NCAHP) Act, aimed at regulating standards in allied health fields.
• The Court emphasized that substandard institutions offering allied health education risk public safety. The NCAHP Act provides a framework to monitor qualifications and practices in these fields, a mandate that remains largely unfulfilled.
• The Supreme Court ordered the Ministry of Health and Family Welfare to conduct a meeting with state officials within two weeks to ensure effective implementation of the Act.

The Kerala High Court Mandates Strict Conditions for the Release of Vehicles Seized for Environmental Violations

• Case: Suhail M.A. v. State of Kerala & Ors
• The petitioner sought the interim release of a vehicle seized for dumping septic waste into a water source. The authorities argued for stricter measures to deter such environmental violations.
• The High Court expressed concern about the environmental damage that illegal waste dumping causes. It stressed that releases in such cases should include strict conditions to prevent future violations.
• The Kerala High Court permitted release with a ₹1 lakh bond and a bank guarantee of ₹2 lakhs, emphasizing accountability for environmental offences.

Punjab and Haryana High Court Calls for Accountability on False Sexual Harassment Complaints

• Case:Poonam Bansal v State
• The petitioner sought an investigation into alleged harassment by landlords. She had previously filed numerous similar complaints.
• The High Court observed that false allegations unjustly damage reputations and diminish the credibility of genuine complaints. It called for measures to prevent the abuse of legal avenues for personal vendettas.
• The Court instructed the Haryana DGP to investigate the petitioner’s history of complaints across Punjab, Haryana, and Chandigarh to identify any misuse of the legal system.

The Delhi High Court Affirms that Social Media Platforms are Private Entities, Not Bound by State-like Obligations

• Case:Sanchit Gupta v. Union of India & Anr
• A petitioner challenged the suspension of his Twitter (X) account, arguing that as a significant communication platform, it should protect constitutional rights.
• The Delhi High Court asserted that social media platforms, while impactful, operate as private entities and are not subject to the same obligations as government bodies.
• The Court dismissed the petition, making it clear that social media platforms are not required to offer state-like services and, as a result, are not subject to writ jurisdiction.

Supreme Court Upholds Sub-Classification of SC/STs to Ensure Reservation Benefits Reach Most Deprived

• Case:State of Punjab vs. Davinder Singh
• After a 2004 ruling prohibited such distinctions within SC classifications, Punjab contested its 1975 notification sub-classifying SC reservation categories.
• In a 6:1 ruling, the Supreme Court validated sub-classifications, supporting the identification of a “creamy layer” within SC/STs to ensure reservations uplift the most deprived sections.
• The Supreme Court upheld Punjab’s sub-classification, marking a shift in reservation policy to improve equity within the SC/ST categories. Justice Bela Trivedi dissented, opposing intra-category distinctions.

UIDAI Can Disclose Aadhaar Data in Exceptional Circumstances for Public Safety: Delhi High Court

• Case: Vandana v. State through PS Amar Colony & Anr
• A woman filed a Habeas Corpus petition to find her mother. Although missing for five years, the mother’s Aadhaar data was recently updated.
• The High Court emphasized that while privacy laws protect Aadhaar data, certain cases warrant exceptions for the sake of public safety. The High Court noted the rarity of these disclosures and the need for judicial review.
• The Delhi High Court instructed the UIDAI to provide the police with updated address and contact information to aid in the search, highlighting the limited exceptions to privacy norms for urgent cases.