Prashanto Chandra Sen highlights the intricacies of legal profession
Interviewed by Anish Mishra
scheduled tribes
Socialization of offspring of inter-caste couples not necessarily more attached to father: Kerala High Court directs KIRTADS to reconsider the matter
Kerala High Court pointed out that KIRTADS proceeded on general statements that generally in case of inter-caste marriage, the socialization process of the offspring of such couples is more attached to the high ranked father.
Does ‘Caste based insult’ include calling person belonging to Scheduled Caste or Tribe “Bewakoof”, “Murkh”, “Chor”? Supreme Court answers
The Supreme Court observed that it is desirable that before an accused is subjected to a trial for alleged commission of offence under section 3(1)(x), the utterances made by him in any place within public view are outlined, if not in the F.I.R., but at least in the charge-sheet so as to enable the court to ascertain whether the charge sheet makes out a case of an offence.
Supreme Court | Non- Tribals can settle down and vote in Scheduled Areas
Supreme Court held that the power of the Governor under Clause 5 of the Fifth Schedule does not supersede the Fundamental Rights under Part III of the Constitution of India.
LEGISLATION FEBRUARY 2023| 17+ Stories on Budget 2023-24; Revision of Income-Tax Forms; Definition of Piracy; Reduction of management fees of Asset Reconstruction Companies & SEBI Circulars; and more
UNION CABINET Union Budget 2023-24 Highlights: What’s in bag for middle-class? On 1-02-2023, the Union Finance Minister, Nirmala Sitharaman announced the Union
Jharkhand High Court acknowledges customary provision for adoption of child in Santhal Community
Jharkhand High Court refused to disturb the findings of Trial Court and Appellate Court in a title suit for succession by an adopted son, whose adoption was questioned on the ground of customary provisions of Santhals.
Karnataka HC | Charges under Prevention of SC/ ST (Atrocities) Act are applicable only when name of a victim’s caste is taken with the intention to insult and humiliate them
The Karnataka High Court held that merely mentioning an individual’s caste during an altercation with no intention to insult, would not attract the provisions of the SC/ ST Act
Unfair to deny tribal women right to equal share in father’s property when same right is available to non-tribal women; SC suggests Centre to amend Hindu Succession Act
The observation came in a case where the Supreme Court had to deny, a woman belonging to Scheduled Tribe, the right of survivorship in her father’s property as Section 2(2) of the Hindu Succession Act specifically excludes the female members of the Scheduled Tribe.
MP Mohan Delkar Suicide| Why Bombay High Court quashed FIRs against Dadra and Nagar Haveli UT Administrator Praful Khoda Patel and 8 others
Bombay High Court: While deliberating upon the instant writ petitions for quashment of FIR registered in connection with the suicide of prominent
Allahabad High Court points out trend of compromise after receiving the compensation from the State; Suggests disbursement only after conviction
Allahabad High Court: Dinesh Kumar Singh, J. in the present case took opportunity to point out a trend that in large number
SC-ST Act is prospective or retrospective? Kar HC quashes criminal proceedings for offences committed in the year 1975
Karnataka High Court: Krishna S Dixit J. quashes the criminal proceedings as the SC-ST act is not retrospective in nature. The petitioners
Utt HC | Irrespective of the personal rights of a person or a community, it can under no set of circumstances, override the rights or need of the defence of the country; Petition dismissed
Uttaranchal High Court: Sharad Kumar Sharma, J. dismissed a writ petition which involved the isuue pertaining to regulating the frontier borders of
Explained| Can proceeding under SC/ST Act be quashed on the basis of compromise between accused and victim?
The Courts ought to be vigilant to ensure that the complainant-victim has entered into the compromise on the volition of his/her free will and not on account of any duress. If the Courts find even a hint of compulsion or force, no relief can be given to the accused party.
Sub-classification of Scheduled Castes| 5-judge bench calls for revision of E.V. Chinnaiah decision; Matter referred to larger bench [DETAILED REPORT]
“The aspiration of equal treatment of the lowest strata, to whom the fruits of the reservation have not effectively reached, remains a
Amendments made in Constitution (Scheduled Tribes) Order, 1950 — List of Scheduled Tribes modified
An Act further to amend the Constitution (Scheduled Tribes) Order, 1950 to modify the list of the Scheduled Tribes in the State
President promulgates — Central Educational Institutions (Reservation in Teachers’ Cadre) Ordinance, 2019
The Central Educational Institutions (Reservation in Teachers’ Cadre) Ordinance, 2019 No. 13 of 2019 Promulgated by the President in the Seventieth Year
Central/State Govts to refrain from using the nomenclature ‘Dalit’ as interchangeable with SCs/STs
Madhya Pradesh High Court: In the instant writ petition, wherein it was prayed that the use of nomenclature ‘Dalit’ be prohibited in
Central and State Governments directed to strictly enforce the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
Supreme Court: In a petition highlighting the plight of the members of Scheduled Castes and Scheduled Tribes, the Court noticed that there