Tag: #MadrasHC

The bench of justices TS Sivagnanam and S Ananthi has held that “the authorities unmindful of the heritage value of various temples had licenses and leased out the temple property as well as the programs and verandas of the temples to traders to carry on trading activity by selling articles which are unrelated and unconnected with the temple and the worshipping public. These shops have virtually become shopping centers if not shopping malls” the order stated.

The PIL petition which was moved by K Suresh who is vice president of the Dharma Sena he argued that the Kanniyakumari district temple trustee board and the Shree Parameshwara Brahmanandha Theertha Sivangal, Madathipathi of the Munchirai madam be engaged to conduct certain temple rituals for the Arulmighu Adhikesavan temple which he stated was mandated as per scriptures of the temple.

The petitioner argued that the temple is not being maintained properly and the Pooja and rituals were not being conducted regularly as per scriptures.

Further, the court observed that the Hindu Religious & Charitable Endowments Department had a duty to maintain the temple and preserve its heritage. The court also agreed to petitioner contentions made that the temples in Tamil Nadu where the Pooja are not being performed due to lack of funds.

The court expressed its inability to allow petitioner prayer and directed them to approach the appropriate forum to get his grievances addressed. The court proceeded to dispose off the writ petition.

-Report by ANAND PATIL

A single-judge bench of Justice P Velmurugan of the Hon’ble Madras High Court while hearing a woman’s appeal against the acquittal of a man charged with sexually assaulting her two-year-old daughter said that the woman’s statement was recorded, and the English term “semen” was incorrectly spelled out as “semman” in Tamil which means red soil color. By taking advantage of that mistake, the accused was successful in securing acquittal in the Trial Court.

The case dates back to 2017 when the mother left her two-year-and-nine-month old daughter with a neighbor while she went grocery shopping. After shopping, when they got home, the child refused to eat and started crying, claiming she was having pain in her private parts. When the girl’s mother checked her clothes, she discovered white stains on her body and undergarments. She took her to the hospital, where it was determined that the child had been sexually assaulted.

The neighbor was charged under the Protection of Children from Sexual Offenses (POCSO) Act. Following the trial, a POCSO Court acquitted the accused citing the prosecution’s failure to prove the case beyond a reasonable doubt. However, The Police Report clearly stated that the woman said “semen” and spotted a “white color fluid” on the child’s private parts. The English word “semen” was misunderstood as “semman” in Tamil, according to the Court.

The Court observed that “The Trial Courts sometimes do not apply their minds; instead of exercising their discretionary power to order a re-investigation or to summon relevant records they only look for a proof beyond a reasonable doubt. With the exploitation of such procedural flaws, the accused gets the benefit of the doubt. In circumstances like these, a high value cannot be placed on the technical basis of proof.”

The Court, setting aside the decision of the Trial Court, held the accused guilty of section 9 of the POCSO act punishable under Section 10 of the Act. It further stated that in cases of child abuse, the onus of rebutting an accusation falls on the accused.

-Report by VANESSA RODRIGUES

On Monday Madras HC passed an order based on no new public buildings should be constructed without being disabled-friendly. The buildings should be able to access by persons with disabilities.

The court observed that whether public buildings and including court has a facility to be accessed by persons with disabilities. And the toilets must also be installed in public buildings which may be used by persons with disabilities, the court added. The respondents are reminded that no new public buildings may be constructed or sanctioned or planned without providing access for persons with disabilities without ensuring toilets and other facilities for such persons, the court’s order stated.

This was held by the bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy who was dealing with the public interest litigation, petition moved by M Karpagam. Earlier, the court asked the state to file a report on how far public buildings are accessible for differently-abled persons. The court asked the state to create a list of buildings with the facilities including toilets for the different persons, let the matter stand over for two months for a more detailed report to be filed. The bench further emphasized that the concerned authorities, particularly the public works department and its officials, should be acquainted with the governing statute (rights of persons with disabilities Act 2016) and the national building code to ensure that all instructions contained in the same are adhered to without any exception.

During hearing the Chief Justice Banerjee admitted that when he visited two of the lower courts there were no such facilities made for the differently-abled persons and this to be taken into consideration. He added that he has instructed the principal district judges to ensure that the court gets ramps installed. The courts should have at least one toilet close to the entrance on the ground floor that is disabled-friendly. Concerning this, the new transport buses should also be termed to be disabled-friendly was the court recalled that this has to be directed by the transportation department. Take the comprehensive measures to make all public buildings, particularly where citizens are likely to come they must be disabled friendly, said the Chief Justice to the State.

Advocate R Prabhakaran appeared for the petitioner. The case was adjourned by eight weeks and will be taken up on September 13. This is in the light that every human has to be treated equally. Though they have some defects in their body they shouldn’t feel the way they are different from others. So this has been kept in consideration by the court and working on this serious issue.

-Report by AJISHA

The Madras High Court recently issued the directions for a grant of police protection to a woman who was facing threats and harassment from her family when her family came to know that she was belonging to the LGBTQIA community.

Justice Nirmal Kumar also pointed that the High Court had already issued directions to ensure the protection of LGBTQIA persons. The court order the police to ensure appropriate protection to the community and ensure that no one will harass the community.

The petitioner informed the court that she had received threats from her family when they found out she was belonging to the LGBTQIA community. At the age of 17, she was stopped from pursuing her further studies and married forcibly. Further, she was abused by her family physically and mentally and even remarking that they would not have a daughter at all.

Further, the woman left home and stayed with her husband but the family forcibly tried to separate them by using false FIR. And further, the petition was moved to the high court on rising threats from her family. The court ordered them to grant her police protection.

A bench of Justice Anand Venkatesh recently passed a judgment with guidelines and various branches of the state including police and judiciary to overcome against the LGBTQIA community. Further said that changes in curricula of schools and universities to educate on an understanding of the community.

-Report by ANAND PATIL

PS Murthi, an 87-year-old and the father of 5 children, was allotted a plot by the Tamil Nadu Housing Board on 26th May 1972, where he built a two-story house for him and his family.

Murthi lived peacefully with his wife and his fourth son i.e Laxmi Rajah. On the demise of the Murthi’s wife, PS Vijay and PS Suraj started demanding a share in the properties, forcefully took possession of the ground floor of the house, and allegedly ill-treated their father on many accounts.

The 87-year-old filed a contempt petition before the Madras High Court against his two sons for wilful breach of undertaking dated 28.12.2019 given to the court of V Metropolitan Magistrate of Egmore, Chennai. The mentioned undertaking was for the petitioners to vacate the Murthi’s house, to save themselves from a criminal complaint filed by their father for the ill-treatment he was sustained by his sons.

As per the Madras High Court order date 04.06.2021, PS Vijay and PS Suraj were found guilty under Section 2(b) of the Contempt of Courts Act, 1971 and were sentenced to undergo 3 months of imprisonment or pay a fine of Rs.2000. and undergo imprisonment for one week.

The Supreme Court of India, on June 11th, noted the submission made by the counsel of the petitioners who had till June 13th to vacate the premises and was asked to file a compliance affidavit on June 14th, 2021.

On June 15th, the counsel of the petitioner, Anup Kumar, stated that June 14th i.e. Sunday was a complete lockdown and thus, was the reason for their breach of undertaking. The counsel further asked for 7-15 days to vacate the premises. The apex court dismissed the appeal of the petitioners and stated that the sons will vacate the property on or before June 17th and the court further refused to grant them any protection for arrest.

-Report by Anuj Dhar

Recently during this Pandemic situation, there have been many instances reported where it has been noticed that advocates/lawyers misbehaving with the Police personnel and even insulting them while they were just performing their duty. This is a shame on the part of Advocates to do so.

As these instances don’t only take place during Pandemic situation but before occurring of Covid-19 there have been numerous similar matters of Advocates misbehaving with Police. On one petition Madras High Court has also framed rules which included the power to debar advocated for such misconduct. This was later struck down by Supreme Court.

Anticipatory bail was filed by an advocate and her daughter where they were alleged for verbal abuse with police regarding COVID lockdown violation. When the following matter came of hearing before Hon’ble Madras High Court felt the need to provide some permanent remedy to such problems that are occurring.

Justice M Dhandapani on Tuesday gave direction to Bar Council of Tamil Nadu to come up with such mechanism which could control the legal fraternity who involve themselves in indiscipline act and misbehave with police personnel on duty.

As such steps are required against those who are not respecting the Public servants and health workers who do their duty without fearing COVID. Which is a risk to them and their family members.

-Report by Riddhi Dubey

-Report by Riddhi Dubey

Madras High Court on Conversion therapy says Conversion therapy should be prohibited. Actions should be taken against the concerned professional involving themselves in any form or method of conversion therapy.

Petitioner’s Contention

The petitioners are a lesbian couple from Madurai. Their parents who are opposing their relationship trying their best to separate the couple. The couple with the support extended by certain NGOs and persons belonging to the queer community-managed data to secure accommodation. They want to continue their education and were also looking for job opportunities meanwhile the parents had filed missing complaints of them. And they also felt the threat to their safety and security from their parents. So the couple filed Writ Petition seeking protection from their parents.

Respondent’s Contention

The parents of the lesbian couple are more concerned about the stigma attached to the relationship in society and the consequences that may ensue on their family. And they are also more concerned about the safety and security of their daughters. They even stated that they would prefer their daughters to a life of celibacy than being in a same-sex relationship.

Judgment

On 7th June Justice Anand Venkatesh has passed a landmark judgment giving direction and recommendation to prohibit the attempt to cure people medically and seeing the queer community problem as a medical issue. He pointed out that ignorance is no justification for normalizing any discrimination. He also suggested comprehensive measures to sensitize the society and various branches of the state including the Police and judiciary to remove prejudices against the queer society.

Key Highlights

• In the above case to provide fairness and righteousness, Justice Anand Venkatesh himself took psychological counseling to understand the mindset and relationship of the queer community.
• This Madras High Court prohibited Conversion therapy which is a big relief for the LGBT Community.
• Tamil Nadu is set to become the first Indian state to ban ‘conversion therapy.

What expectation role was play by Justice Anand Venkatesh in the above matter?

Justice Anand Venkatesh revealed that he belonged to the majority one who had hesitation in accepting same-sex relationship completely and also revealed that he had voluntarily taken counseling with Vidya Dinakaran, a Psychologist, for understanding the subject of homosexuality to pass the correct judgment.

What measures and suggestions were issued?

• Ensure availability of gender-neutral restrooms for the gender-nonconforming student.
• Change of name and gender on academic records for transgender persons.
• Inclusion of ‘transgender’ in addition to M and F gender columns in application forms for admission, competitive entrance exams, etc.
• Appointment of counselors who are LGBTQIA+ inclusive, for the staff and students to address grievances, if any, and to provide effective solutions for the same.

What directions were given to the police authority?

The court directed police authority to hold programs for the protection and prevention of offences in the queer community. And other programmers for awareness.

The one who issues belongingness in the queer community. Who can they approach?

People who face such issues of belonging should approach any of the enlisted NGOs for protecting their rights and seek help from them.

The Madras High Court on Tuesday expressed extreme concern over the high-satisfactory quality of training imparted in authorities colleges and discovered that scholars from marginalized sections and rural college students reading in Government colleges need to be furnished with high-satisfactory training on par with college students reading in non-public colleges.

The Bench of Justice N. Kirubakaran and Justice T. V. Thamilselvi turned into presiding over a writ appeal filed about the provider situations for purchasing promoted as headmasters of Govt. number one colleges. But, the Court referred to that for the reason that relies upon pertains to Primary School HeadMasters, it’s far suitable to check out the situations of the college pupil who’re reading withinside the Government Schools mainly in rural areas. “Lack of infrastructures withinside the Government Schools and terrible high-satisfactory of training being furnished to the Government School college students are the motives for much less admission of college students in Government colleges,” delivered the Court.

The Court discovered that although the Government School Teachers are paid good-looking revenue while in comparison to Private School Teachers who get very much less revenue and painting extra hours, training is given to Government School college students can not be in comparison with Private School Students. The Court referred to that many instances have arisen earlier than this Court, regarding Government School teachers, who’ve now no longer attended Schools for days together, thereby affecting the training of the college students. “Though there are very many devoted teachers, who’ve to be favored and applauded for his or her honest dedicated coaching, are running in Government Schools, the range of erring teachers, who aren’t devoted to the coaching are increasing,” the Court delivered.

Because of the above position, this Court was hoping that a committee could be constituted with specialists and academicians to check out the motives for terrible high-satisfactory of training in Government Schools and recommend corrective measures or the Government on its very own taken some other corrective measures to decorate the high-satisfactory of college training in Government colleges. Therefore, the Court directed the Government to invite the industries to undertake one or Government Schools so that infrastructures and the same old training could be improved.

-Report by Manaswa Sharma