journal

2023

Analysis

Supreme Court Review 2023

As 2023 ended, we at SCO thematically broke down what the Court said on key issues of the year

SCO Team

9th Jan 2024

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Analysis

Can there be real representation without reservation?

Why aren’t we talking about reservations in the higher judiciary for women and members of marginalised communities?

Leena Gita Reghunath

15th Nov 2023

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Analysis

Digital Personal Data Protection Act, 2023: A missed opportunity for horizontal equality

The Digital Personal Data Protection Act, 2023 wasted an opportunity to bolster the right to privacy for marginalised and vulnerable groups.

Mihir R

23rd Aug 2023

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Analysis

2022 Supreme Court Review: Gender Equality

SC Judgments in the challenge to the Hijab Ban and on abortion laws for married women were important milestones in equality for women.

Advay Vora

30th Dec 2022

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Analysis

Hijab Ban Challenges: Here We Go Again

DESK BRIEF: Dhulia J emphasised that ‘finality is a good thing, but Justice is better' in an opinion that will prolong the Hijab Ban saga.

Ayushi Saraogi

17th Oct 2022

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Channel

SCO Explains: Indirect Discrimination in the Army

In this episode of SCO Explains, we look at the Supreme Court's judgment in Lt. Col. Nitisha v. Union of India.

Gauri Kashyap

30th Apr 2021

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Analysis

CJI Bobde’s Key Judgments on Personal Liberty, Religion, Gender Equality, and Electoral Processes

We examine a few crucial cases CJI Bobde authored, concurred or admitted

22nd Apr 2021

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Analysis

Court Clarifies Application of S.6 of Hindu Succession Act, 1956

The Court held that the amendment to s 6 which treats daughters on par with sons would apply retrospectively.

Manini Menon

12th Aug 2020

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Analysis

Gender Equality v. Religious Freedom in Personal Laws Cases

There is a constant conflict between the tenets of personal law and the need to ensure gender equality.

Kruthika R

19th Jun 2020

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Analysis

Petition inspired by Sabarimala – I

After the Sabarimala judgment various petitions were filed demanding entry into mosques for Muslim women.

Jai Brunner and Balu Nair

15th May 2020

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Analysis

Sabarimala: Referral to begin on Monday

DESK BRIEF: A nine-judge bench of the Supreme Court will begin hearing fundamental constitutional questions on religion on Monday

Balu Nair and Jai Brunner

9th Jan 2020

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cases

Supriyo @ Supriya Chakraborty & Anr. v Union of India

The five-judge bench upheld the validity of the Special Marriage Act, 1954, and held that the right to marry is not a fundamental right for queer persons.

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Indian Young Lawyers’ Association v State of Kerala

The Supreme Court declared unconstitutional the Sabarimala Temple's custom of prohibiting women in their 'menstruating years' from entering.

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Kantaru Rajeevaru v Indian Young Lawyers’ Association

The Supreme Court is reviewing its 2018 judgment, wherein it declared unconstitutional the Sabarimala Temple's practice of excluding women of a 'menstruating age'. The outcome may lay down a path for the Courts to reconcile the essential religious practice test with constitutional principles.

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Joseph Shine v Union of India

On September 27th 2018, the Court decriminalised adultery. On January 31st 2023, the Court clarified that decriminalising adultery did not impact members of the Armed Forces.

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Triple Talaq

Decided

Shayara Bano v Union of India

The Supreme Court held that the practice of talaq-e-biddat or instantaneous triple talaq is unconstitutional.

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Ashwini Kumar Upadhyay v Union of India

The Supreme Court will decide whether the Places of Worship Act, 1991, which prevents the conversion of places of worship from the religion they were on August 15th, 1947, is constitutionally valid. The Court's decision will shape the course for multiple challenges concerning the 'true nature' of places of worship pending before subordinate Courts all over the country.

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Next Hearing: September 9, 2022

Last Updated: 20201028

Bench:D.Y. Chandrachud CJI, J.B. Pardiwala J

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Sunita Tiwari v Union of India

The Court will decide whether or not to ban the practice of female circumcision, or "khatna". In particular, the Court will evaluate circumcision as it is practiced in the Dawoodi Bohra community.

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Next Hearing:

Last Updated: 20180924

Bench:A.M. Khanwilkar J, D.Y. Chandrachud CJI, Arun Mishra J

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Shafin Jahan v Ashokan K.M.

The Court assessed the allegation that Hadiya was deceived into marrying her husband Mr. Shafin Jahan and forcibly converted to Islam. The Court found that the allegation, which was made by her parents, was clearly false.

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Last Updated: 20180409

Bench:D.Y. Chandrachud CJI, A.M. Khanwilkar J, Arun Mishra J

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Ashwini Kumar Upadhyay v Union of India

The Court dismissed the petition, stating that only Parliament had the power to provide a uniform minimum age for marriage irrespective of religion or gender.

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Goolrokh Gupta v Burjor Pardiwala

This case will decide if a Parsi woman loses her own religious identity after solemnising her marriage under the Special Marriage Act.

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Ashwini Kumar Upadhyay v Union of India

The Supreme Court will decide if uniform grounds of divorce, maintenance and alimony irrespective of religion or gender need to be framed. The Court's decision is likely to contribute to national discussions about a Uniform Civil Code.

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Next Hearing:

Last Updated:

Bench:A.S. Bopanna J, V. Ramasubramanian J, S.A. Bobde CJI

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Sameena Begum v Union of India

Several Public Interest Litigation (PILs) challenge the constitutional validity of polygamy, nikah halala and other related Muslim marriage practices.

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Next Hearing: August 30, 2022

Last Updated:

Bench:Indira Banerjee J, Hemant Gupta J, Surya Kant J, M.M. Sundresh J, Sudhanshu Dhulia J

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