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Showing posts with the label Supreme court

ZOMATO CONTROVERSY

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Introduction and Facts On 9 th March 2021, a matter arose which had not been witnessed ever before, in the transactions made through online food delivery industries. The issue arose in the evening hours between Hitesha (an Instagram beauty influencer) and Kamaraj (a Z omato delivery boy).    As per the statements of the two and what seems to be agreeable by both the individuals, a representation of what had happened can be drawn up. Hitesh places an order at around 3:30 P.M. to deliver food to her location by 4:30 P.M. Kamaraj who is the delivery boy is assigned the task to deliver the food. While traveling to her location, Kamaraj faces a lot of traffic in his way thereby making him late to deliver the food. When he arrives at the location, Hitesha partially opens the door so that her dog does not  run away. She accepts the delivery and places the food next to the door, on a table, and tells Kamaraj to wait till she speaks with the customer care about the late deliv...

Farmers’ Protest: The Farmers’ Perspective

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  T here is a petition in the Supreme Court questions the constitutionality of the Farm Laws and, it is a topic worth discussing. Agriculture and matters related to trade and commerce form a part of the second list which is a subject matter of the state and yet the center had passed the laws on those very subjects. The center states that it had the power to make the law as per entry 33 of the third list, which is the concurrent list. However, this entry was introduced into the list for a temporary period, which for some reason did not find any need to be discontinued, and so it remained. Now, at this point in time, it is providing the center to make the activity of the state with regard to the same entry, redundant. Our country is quasi-federal, and giving the power of making laws on a subject to the hands of the Center, which the particular States would have more competency to make laws on, favors a form of government that is unitary. Such developments should have been nipped in...

Gender neutral Laws- challenge to absurd gender distinctions

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As our society is evolving and moving towards a new phase in every sector there is an urgent requirement to address sexual harassment not only for women but also for other genders i.e., third gender. The Supreme Court in a landmark judgment of National Legal Service Authority vs. Union of India 2014, recognized the third-gender rights and gave them reservation in the OBC category so that they can also live their life with dignity. Under this judgment, the Supreme Court has asked the central government and the state government to devise social awareness campaigns for re-establishing their respect in society.   But as soon as the third-gender i.e. LGBTQ community got recognition within the society and given opportunity to get educated and employed, they continued to face sexual harassment at the workplace. But, there is no law regarding the protection of their dignity in society if it is outraged by any random man. Addressing the same issue a PIL was filed in the Supreme Court for ...

PRASHANT BHUSHAN’S TWEET-A CALL FOR CONTEMPT OF COURT?

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The renowned public interest lawyer and the civil rights lawyer of the Supreme Court, Prashant Bhushan has been held guilty of ‘ Contempt of Court’ for two tweets made by him against the Judiciary. The term ‘ Contempt of Court’ means any offense of being disrespectful or committing a disgraceful act toward a court of law or the judicial authorities. What were those 2 tweets?        i.           The first tweet was made about a picture of Chief Justice of India (CJI) Sharad Arvind Bobde seated on a bike name Harley Davidson. Prashant Bhushan alleged that CJI was enjoying and liking the expensive bike rides thereby keeping the Supreme Court under a COVID-19 lockdown and denying the citizens their fundamental rights to access justice.      ii.           The second tweet was made about the ' distorted facts’ or we can say ‘ destruction of d...