Important Legal News – August 2024 [Updated Daily @6PM]

Re-Inhuman Conditions In 1382 Prisons v. Director General of Prisons and Correctional Services and Ors., W.P.(C) No. 406/2013: Supreme Court Grants Retrospective Bail Relief to Undertrials Under Section 479 BNSS

The Supreme Court has ruled that Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which allows undertrials to be released on bail if they have served half of their maximum imprisonment period, will apply retrospectively to cases registered before July 1, 2024. Additionally, first-time offenders, who have never been convicted, can be released after serving one-third of their sentence. This decision aims to address overcrowding in Indian prisons. The Court has directed jail superintendents across the country to process bail applications accordingly, with a deadline of three months for implementation.

Supreme Court Dismisses PIL Challenging Constitution and BNS Provisions, Imposes ₹10k Costs on Petitioner: Dr SN Kundra v. Union of India

The Supreme Court recently dismissed a public interest litigation (PIL) filed by Dr. SN Kundra challenging the validity of Section 149 of the Bharatiya Nyaya Sanhita (BNS) and various provisions of the Indian Constitution. The petition questioned the constitutional legitimacy of several articles, including those related to the President’s executive powers, the administration of oaths, disqualifications for defection and the amendment powers of Parliament. 

The Division Bench, comprising Justice Hrishikesh Roy and Justice SVN Bhatti, found no merit in the petition and imposed a cost of ₹10,000 on Dr. Kundra, directing him to deposit the amount with the Supreme Court Legal Services Committee within a week. The court’s decision underscores the judiciary’s stance against frivolous litigation.

Supreme Court Reviews Ban on Blood Donations from LGBTQ+ and Sex Workers

The Supreme Court of India has issued a notice in response to a plea challenging the ban on blood donations by gay men, transgender persons and sex workers. The plea, filed by Advocate Ibad Mushtaq, argues that the National Blood Transfusion Council’s 2017 guidelines are discriminatory and violate constitutional rights to equality, dignity and life. 

The plea criticizes these guidelines as outdated and based on prejudicial assumptions from the 1980s about the risk of sexually transmitted diseases. It also highlights advancements in haematology that allow for effective screening of blood, making such blanket bans unnecessary and unreasonable. The court has sought responses from the Union of India and other respondents.