Important Legal News | 16th October

Allahabad HC Seeks Affidavits on Grant-in-Aid Schemes for Madrasas’ Religious Education

The Allahabad High Court has ordered the State Government and Union of India to file affidavits within 3 weeks, detailing grant-in-aid schemes for Madrasas. This directive comes as part of a PIL addressing government funding of religious education in institutions like Madrasas. The primary concern is whether state funding of institutions imparting religious education violates the Indian Constitution’s Articles 14, 25, 26, 29, and 30.

The matter originated from a salary dispute case involving Madrasa teachers, evolving into a broader examination of public interest in state funding of religious education. The National Commission for Protection of Child Rights (NCPCR) has been granted three weeks to provide relevant reports and communications pertaining to these violations. The court has also appointed Senior Advocate JN Mathur as Amicus to assist in this matter.

Supreme Court Urges Swift Decision on Remission Applications by Chhattisgarh Government

In a recent case, the Supreme Court of India urged the Chhattisgarh State Government to expedite the consideration of permanent remission applications, emphasizing the need to follow the government’s policy without unnecessary delays. The petitioner was eventually granted permanent remission, but the decision-making process had been delayed.

The Court stressed that the State Government must ensure timely consideration of such cases in line with its policy. In a previous hearing, the Court had expressed concern over the conduct of the Jail Superintendent and criticized the State for not complying with an earlier directive. The case involved a 42-year-old convict serving a life sentence for a murder committed in 1999. The Court also emphasized the importance of prisoners being properly informed of the consequences of their actions when unconditionally withdrawing petitions.

Supreme Court Grants Relief to Color Blind Applicant, Orders TANGEDCO to Appoint as Assistant Engineer

In a recent ruling, the Supreme Court of India directed the Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) to appoint a person with color blindness as an Assistant Engineer (Electrical) at an appropriate pay grade. TANGEDCO had initially denied the appointment due to color blindness, offering an alternate position as a Junior Assistant, which was deemed inadequate by the Court.

The Supreme Court set aside a Madras High Court judgment supporting TANGEDCO’s decision and ordered the corporation to appoint the applicant as an Assistant Engineer with continuity of service and arrears of salary and allowances. The case revolved around concerns about the applicant’s ability to work with color-coded wires as an engineer. The division bench of the Madras High Court emphasized the importance of quick and accurate decision-making in engineering, highlighting the potential consequences of color blindness in this context.

The Supreme Court, however, ruled in favor of the applicant, citing the inadequacy of the alternate position and emphasizing the applicant’s qualifications.

Supreme Court to Deliver Verdict on Same-Sex Marriage Recognition in India

On Tuesday, the Supreme Court of India is set to pronounce its verdict on the legal recognition of same-sex marriages in India in the case of Supriyo and anr v. Union of India. The Constitution Bench, led by Chief Justice of India (CJI) DY Chandrachud and comprising Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli, and PS Narasimha, had reserved the verdict on May 11 after a ten-day hearing.

This case will determine whether same-sex marriages should be legally recognized in India. During the hearings, the Court made several notable observations, including the distinction between the Indian context and the US Supreme Court’s decisions on related matters and the potential for social and legal rights for same-sex couples, even if not labeled as marriage, along with emphasizing the constitutional protection of marriages.