journal
Analysis
Supreme Court Review 2023
As 2023 ended, we at SCO thematically broke down what the Court said on key issues of the year
9th Jan 2024
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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?
15th Nov 2023
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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.
23rd Aug 2023
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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.
30th Dec 2022
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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.
17th Oct 2022
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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.
30th Apr 2021
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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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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.
12th Aug 2020
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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.
19th Jun 2020
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Petition inspired by Sabarimala – I
After the Sabarimala judgment various petitions were filed demanding entry into mosques for Muslim women.
15th May 2020
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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
9th Jan 2020
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Plea for Marriage Equality
Decided
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.
MoreLast Updated:
Bench:D.Y. Chandrachud CJI, S.K. Kaul J, S.R. Bhat J, Hima Kohli J, P.S. Narasimha J
Sabarimala Temple Entry
Decided
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.
MoreLast Updated: 20191114
Bench:Dipak Misra CJI, A.M. Khanwilkar J, Rohinton Nariman J, D.Y. Chandrachud CJI, Indu Malhotra J
Sabarimala Review
Pending
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.
MoreNext Hearing:
Last Updated: 20210608
Bench:N.V. Ramana CJI, R Banumathi J, Ashok Bhushan J, L.N. Rao J, Abdul Nazeer J, B.R. Gavai J, Subhash Reddy J, Surya Kant J
Decriminalisation of Adultery
Decided
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.
MoreLast Updated: 20181023
Bench:K.M. Joseph J, Ajay Rastogi J, Aniruddha Bose J, Sanjiv Khanna J, C.T. Ravikumar J
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.
MoreLast Updated: 20180919
Bench:J.S. Khehar CJI, Kurian Joseph J, Rohinton Nariman J, U.U. Lalit CJI, Abdul Nazeer J
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.
MoreNext Hearing: September 9, 2022
Last Updated: 20201028
Ban on Female Genital Mutilation
Pending
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.
MoreNext Hearing:
Last Updated: 20180924
Bench:A.M. Khanwilkar J, D.Y. Chandrachud CJI, Arun Mishra J
Hadiya Marriage Case
Decided
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.
MoreLast Updated: 20180409
Bench:D.Y. Chandrachud CJI, A.M. Khanwilkar J, Arun Mishra J
Uniform Marriage Age
Decided
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.
MoreLast Updated:
Bench:D.Y. Chandrachud CJI, P.S. Narasimha J, J.B. Pardiwala J
Parsi Excommunication
Pending
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.
MoreNext Hearing:
Last Updated:
Bench:N.V. Ramana CJI, R Banumathi J, Ashok Bhushan J, L.N. Rao J, M.M. Shantangoudar J, Abdul Nazeer J, Subhash Reddy J, B.R. Gavai J, Surya Kant J
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.
MoreNext Hearing:
Last Updated:
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.
MoreNext Hearing: August 30, 2022
Last Updated:
Bench:Indira Banerjee J, Hemant Gupta J, Surya Kant J, M.M. Sundresh J, Sudhanshu Dhulia J