Petition in Supreme Court seeks measures to combat heat wave - Pragnya IAS Academy - News Analysis

Petition in Supreme Court seeks measures to combat heat wave.

The petition said that a heat wave should be considered on a par with other disasters as per Article 14 of the Constitution.

The Supreme Court has asked a PIL petitioner to submit a representation to the government to reschedule office hours and provide drinking water and medical facilities to the public and in educational institutions to beat the heat wave sweeping across the country.
A Bench, led by Chief Justice of India Dipak Misra, said that it was the Supreme Court’s “considered opinion” that advocate Sravan Kumar, who moved the PIL in his personal capacity, should “submit a representation to the competent authority, which shall contain suggestions” to combat the heat wave.
Calling the rising temperatures a “silent killer”, Mr. Kumar argued in the court that it was the state’s duty to protect the citizen’s Right to Life guaranteed under Article 21 of the Constitution from the adverse affect of the heat wave.
The petition said that a heat wave should be considered on a par with other disasters as per Article 14 of the Constitution and that it was necessary to implement the Heat Wave Action Plan-2016 prepared by National Disaster Management Authority.
Mr. Kumar laid before the court the rising statistics of deaths extracted from the Heat Wave Action Plan-2016, which shows that there were 1,247 deaths in 2012, 1,677 in 2014 and 2,422 in 2015 due to heat waves.

“Higher daily peak temperatures and longer, more intense heat waves are becomingly increasingly frequent globally due to climate change. India, too, is feeling the impact of climate change in terms of increased instances of heat waves which are more intense in nature with each passing year, and have a devastating impact on human health thereby increasing the number of heatwave casualties,” the petition said.
The petition said many States are affected during the heat wave season, such as Andhra Pradesh, Telangana, Odisha, Gujarat, Rajasthan, Madhya Pradesh, Uttar Pradesh, the Vidarbha region of Maharashtra, Bihar, Jharkhand and Delhi.

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Petition in Supreme Court seeks measures to combat heat wave.

SC notice to govt. on petition to outlaw Section 377 - Pragnya IAS Academy - News Analysis

SC notice to govt. on petition to outlaw Section 377.

Plea seeks inclusion of ‘right to choice of sexual orientation’ as a fundamental right of the Constitution.

The Supreme Court on Monday asked the government to respond to a plea by a hotelier to strike down the colonial Section 377 of the Indian Penal Code which criminalises homosexuality.
A bench headed by Chief Justice Dipak Misra issued notice to the Centre on the plea by the Lalit Suri hospitality group head Kesav Suri, seeking the ‘Right to choice of sexual orientation’ to be declared as part of the fundamental right to life and personal liberty under Article 21 of the Constitution.
The Bench, also comprising Justices A.M. Khanwilkar and D.Y. Chandrachud, considered the submission of senior advocate Mukul Rohatgi on behalf of the hotelier and asked the Centre to respond within a week.
On January 8, the three-judge Bench decided to re-visit a December 2013 verdict of the Supreme Court in Suresh Kumar Kaushal versus Naz Foundation, which dismissed the LGBT community as a negligible part of the population while virtually denying them the right of choice and sexual orientation.
The court said a section of people cannot live in fear of a law which atrophies their right to choice and natural sexual inclinations. It said societal morality changes with time and the law should change pace with life, adding that the concept of consensual sex may require more protection.
While the court noted that Section 377 punishes carnal intercourse against order of nature, it added that “the determination of order of nature is not a common phenomenon. Individual autonomy and individual natural inclination cannot be atrophied unless the restrictions are determined as reasonable”. It observed that what is natural for one may not be natural for the other, but the confines of law cannot trample or curtail the inherent rights embedded with an individual under Article 21 (right to life).
(GS Paper-2 Related Article)
(Source: The Hindu)


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SC notice to govt. on petition to outlaw Section 377.

Centre files review petition in Supreme Court challenging SC/ST Act - Pragnya IAS Academy - News Analysis

Centre files review petition in Supreme Court challenging SC/ST Act.

Various parts of the country are witnessing widespread violence by Dalit groups and states including Punjab, Rajasthan, Haryana and parts of Madhya Pradesh have imposed a Bharat Bandh in protest of the court’s judgment.

The Centre moved the Supreme Court on Monday challenging a slew of directions passed under a ruling safeguarding government officials from arrest under the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The government’s decision to approach the top court in a review petition comes after the top court’s March order raised concerns with regard to its effect on diluting the law meant to protect the marginalised.
Various parts of the country are witnessing widespread violence by Dalit groups and states including Punjab, Rajasthan, Haryana and parts of Madhya Pradesh have imposed a Bharat Bandh in protest of the court’s judgment.
“I wish to convey that today we have filed the review petition on judgment of the Supreme Court about SC/ST protection act. It is important to note that the government of India was not a party to the proceedings at all and therefore, on behalf of ministry of social justice a very comprehensive review has been filed,” law minister Ravi Shankar Prasad told Mirror Now.
He added that the government of India did not agree with the reasoning of the Supreme Court as far as the judgment is concerned.
The matter is yet to be heard by the court.
In its review petition, the ministry of social justice and empowerment is likely to argue that the court’s ruling would effectively dilute the provisions of the law meant to protect the socially marginalised. This could lead to higher atrocities against Dalits and tribals.
On 20 March, a bench comparing justices A.K. Goel and U.U.Lalit held that a public servant could be arrested only after approval of the appointing authority and of a non-public servant after approval by the Senior Superintendent of Police, if considered necessary for reasons recorded.
To avoid false implication of an innocent, a preliminary enquiry may be conducted by the deputy superintendent concerned to find out whether the allegations make out a case under the Act and that the allegations are not frivolous or motivated, it was further stated.
The court further observed, “If the allegation is to be acted upon, the proceedings can result in arrest or prosecution of the person and have serious consequences on his right to liberty even on a false complaint which may not be intended by law meant for protection of a bonafide victim.” (Source: Livemint)


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Centre files review petition in Supreme Court challenging SC/ST Act.