Legal Guide

As the highest court in India, the Supreme Court’s judgments are binding on all other courts in the country. It serves both as the final court of appeals and final interpreter of the Constitution. Owing to these vast powers, many including Attorney General K.K. Venugopal have labelled it among the most powerful courts in the world. Its authority stems from the Constitution of India. Supreme Court History The Federal Court of India was created as per the Government of India Act 1935. This court settled disputes between provinces and federal states and heard appeals against judgements of the high courts. After independence, the Federal Court and the Judicial Committee of the Privy Council were replaced by the Supreme Court of India, which came into being in January 1950. The Constitution of 1950 envisaged a Supreme Court with one Chief Justice and 7 puisne Judges. The number of SC judges was increased by the Parliament and currently, there are 34 judges including the Chief Justice of I...

The POCSO Act was enacted in 2012 and is gender neutral — it recognises that boys can be victims of sexual violence as well. It defines a child as someone under the age of 18. The Indian Penal Code does not recognise that sexual assault can be committed on boys.   When is POCSO Used? Sections of the POCSO Act may be added by the police in the First Information Report (FIR) whenever a sexual offence is committed against a child. While special laws override the IPC, sections of both are often mentioned in the FIR. For instance, an FIR would book an accused under section 376 (rape) of the IPC as well as relevant sections of the POCSO Act. Punishments Under POCSO Act Whoever commits aggravated penetrative sexual assault shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of natural life of that person and shall also be liable to fine, or w...

The Scheduled Castes and Tribes Act   1989 is an Act of the Parliament of India enacted to prohibit discrimination, prevent atrocities and hate crimes against scheduled castes and scheduled tribes. The Act is popularly known as the SC Act And ST Act, POA, the Prevention of Atrocities Act, or simply the Atrocities Act. It was enacted when the provisions of the existing laws (such as the Protection of Civil Rights Act 1955 and Indian Penal Code) were found to be inadequate to check these crimes (defined as 'atrocities' in the Act). Recognising the continuing gross indignities and offences against Scheduled Castes and Tribes, the Indian Parliament passed the 'Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Act 1989. Key features of SC-ST ACT 1989 The key features of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, are: Actions to be treated as offences - The Act outlines actions (by non SCs and STs) against SCs or ...

  With the Supreme Court operating in a limited capacity due to the COVID-19 outbreak, SC Observer looks back at the top 5 Supreme Court Judgments (and orders) delivered in 2020 so far. From adjudicating on the internet shutdown in Kashmir to lifting barriers against female Armed Forces officers, the Court has had a busy first few months of the year. 1. Access to Internet Equivalent to A Fundamental Right The first month of 2020 witnessed a three-judge bench ruling against the telecommunication blackout in Jammu and Kashmir following the scrapping of Article 370. The judgment did not directly order for restoration of the services in the backdrop of the security concerns, but laid down an important principle in law – right to access Internet is a fundamental right by extension. Therefore, it can be demanded as such before a constitutional court. Further, every blackout order must specify reasons and has to be reviewed regularly by the authorities concerned, the court said. 2. Artic...

The Right to Information Act empowers all Indian Citizens to seek information from public authorities, which includes central, state and local governments, Parliament, judiciary, police, etc. Under RTI, a citizen can ask a question, seek information, take copies of official documents, inspect government work and its progress. RTI has helped the citizens in the following manner: It has empowered them. It has made them aware of the functioning of the government machinery.  RTI has made citizens vigilant and made them more conscious about their rights and duties. It has exposed various scams and has helped citizens in making wise choices. Important Features of the Right to Information Act, 2005: Every citizen possesses the right to information. The term information includes any mode of information in any form of record, document, email, circular, press release, contract sample or electronic data etc.  Right to information covers inspection of work, document, record and its certi...

In order to effectively address the heinous crimes of sexual abuse and sexual exploitation of children through less ambiguous and more stringent legal provisions, the Ministry of Women and Child Development championed the introduction of the Protection of Children from Sexual Offences (POCSO) Act, 2012 . The Act has been enacted to protect children from offences of sexual assault, sexual harassment and pornography and provide for establishment of Special Courts for trial of such offences and related matters and incidents. The Act was amended in 2019, to make provisions for enhancement of punishments for various offences so as to deter the perpetrators and ensure safety, security and dignified childhood for a child. Salient Features of Pocso act and Its Amendment The Act is gender-neutral and regards the best interests and welfare of the child as a matter of paramount importance at every stage to ensure the healthy physical, emotional, intellectual and social development of the child. T...