Tag: law news 2020

In a petition filed before the Orissa High Court regarding the circulation of offensive videos on social media websites or applications. The Habeas Corpus petition was filed by the father of the girl. The girl (the petitioner here) who was being harassed by one of the respondents circulating some of her offensive videos on social media had been rescued. 

The petitioner has mentioned in her application that she had filed an FIR before the inspector at the Jagatpur Police Station, Cuttak, but it still was not registered and neither any action was taken against the accused. In a similar case adjudged by the single bench of Justice SK Panigarhi, the court noted that the petitioner was on the receiving end of abuse and unabated mental torture, and thus rejected the bail application of the accused. 

The court directed the police to take cognizance of the matter as soon as possible and examine the FIR. And look if the case has not already been registered. If it is, then take up further investigations and raid the house of the accused is required. 

The court in its observations also noted that young people especially women are usually on the receiving end of the of harmful abuses and torture and any accused would secretively outrage the modesty of the woman concerned if the right to be forgotten is not recognised sooner. 

Report By- Tanuj

Hina-Haneefa, a trans-woman files an affidavit in the Kerela High court, raising her voice against  Section 6 of the National Cadet Corps (NCC) 1948 Act which allows only males and females to enrol with the Corps.

WHAT IS CONTENTIOUS IN SECTION 6 OF NCC ACT?

This acts provides for the composition of a National Cadet Corps, which comes under the Ministry of Defence. 

Section 6 of the same lays out the enrolment criteria which are as follows:

Enrolment.—(1) Any student of the male sex of any university may offer himself for enrolment as a cadet in the Senior Division, and any student of the male sex of any school may offer himself for enrolment as a cadet in the Junior Division if he is of the prescribed age or over.

 (2) Any student of the female sex of any University or school may offer herself for enrolment as a cadet in the Girls Division: Provided that in the latter case she is of the prescribed age or over

Pertinently,  the act talks about the enrolment of only boys and girls, what is not to be ignored is the fact that this act came into existence in 1948, and the awareness regarding trans-genders identification as the third-gender and their rights came in somewhat later years, In the latest judgement, Navtej Singh Johar v. Union of India section 377 was classified as unconstitutional.

BACKGROUND

Hina-Haneefa, A student of Thiruvananthapuram University College, had gone threw two sex reassignment surgeries and procured a transgender identity card under the Kerala government’s Transgender Policy, 2015

She challenged NCC’s exclusion of transgender people from its programme in the college as she wanted to join NCC.

THE SUBMISSIONS MADE IN RESPONSE 

Kochi: In their submissions, The National Cadet Corps (NCC) informed the Kerala High Court that due to lack of any provision the transgender people cannot be allowed into NCC.

As per the existing policy, The divisions created in NCC as of now were only for girls and boys cadets, the NCC said.

The Central government told the Kerala High Court that

“There is no provision in the law allowing entry of Transgender persons to Armed Forces and National Cadet Corps (NCC) and it is the prerogative of the Central government to decide whether or not the same should be allowed”

In fact, before creating a new division for the third gender, the Central Government has to conduct a major exercise in terms of reviewing infrastructure facilities, modules and facilities that are binding to such divisions. Any induction of a candidate not from male or female gender without due deliberations by the authorities would have far-reaching ramifications. The issue of raising a new division is a policy decision.

In their submissions, they pointed out that Hina has registered herself as a trans-woman in the college and she can’t apply for the post of NCC cadet in the capacity of a female.

It was highlighted that one of the primary aims of NCC was to groom cadets for a future with the Armed forces whereas, there is no provision existing for the entry of transgender people (female/male) in the Indian Armed Forces.

THE COURT’S STANCE

In one of the prior hearings of the matter, the Kerala High Court rebuked the Central Government for failing to formulate a policy to enrol trans persons with the corps. It had commented that the world has developed and the government cannot afford to remain in the 19th century.

“Justice Devan Ramachandran, who was hearing the plea, had commented “Certainly there are three genders, male, female, and transgender. In this case the lady, the petitioner herein, has decided to assign to herself her gender as a woman and she has gone through surgery also. Nothing stops you from admitting her even under the NCC Act as a woman”

Isn’t it the government’s responsibility to protect the rights of the minorities be it trans-genders, religious or minorities in any other capacity, Judiciary has always come forward to play its role?

The High Court of Madras has recently granted relief to a lawyer by setting aside the order of a Principal District and Sessions Judge who had found him guilty of the usage of unparliamentary words in the virtual proceedings of the court. (G Samwell Rajendran v. The Principal District and Sessions Judge, Thoothukudi).

Facts of the case

Advocate G Samwell Rajendran was appearing before the Principal District and Sessions Judge virtually through a WhatsApp video call for an application of bail of his client when he suddenly started uttering certain unparliamentary words. This was observed by the learned Public Prosecutor, Stenographer, Protocol Officer and System Analyst. On this, the learned judge issued a show-cause notice under section 228 of IPC r/w section 345 of Cr.P.C. through email to the advocate concerned and the latter replied by email as well. The learned judge was not satisfied by the email received, and imposed s fine on the advocate of Rs. 200 and referred the matter to the Bar Council, against which the Advocate has filed for a revision this revision case. 

Arguments

The learned Principal District judge of Thootukudi reported that the advocate had during the virtual proceedings of the court had uttered the usage of some unparliamentary words which are unacceptable and cannot be brushed aside. Further, he noted that there is no dispute over the facts and the appellant was given the opportunity to file his reply through mail indicating sufficient time, which the court found unsatisfactory. 

On the other hand, the appellant had mentioned in his reply that because of poor signals he was attending the virtual proceedings in his car and someone had very rashly driven and caused scratches to his car. And in the spark of that moment, the appellant had abused the driver. The appellant had no intention to disrupt the proceedings of the court or insult the court of law. The appellant has further mentioned that he was not given the opportunity for a physical hearing and he, not being accustomed to the technology found a typographical error in his reply. Instead of writing, ‘this would not occur in future’, the judge mistakenly must have misunderstood ‘it would not occur in due course’. Moreover, he also submitted that even after paying the fine, the learned Principal District Judge had referred the matter to the Bar Council. 

Judgment

The high court mentioned in its judgment that considering the fact that the virtual courts have been introduced for the conduction of proceedings and that the appellant had extended his apology, the order of the district court must be set aside along with the fine being refunded to the appellant.

Report By Tanuj