The Delhi Court Grants Bail to Mother Lodged in Jail with Her 21 Months Old Son on basis of “Violation of Child's Right to Healthy Development as an Individual"
Recently, on Wednesday, the Delhi Court granted bail to a woman, accused of dowry death and causing abortion of a three month old fetus, on the account of her being lodged in the Tihar Jail with her 21 months old son in view of her judicial custody. Let us take a look at what the Court had to say…
Speaking on the matter at hand the Court stated that, "A court of law is a forum where the right to liberty has to often yield to the rule of law and persons accused of the commission of offences may find their applications for grant of bail declined for various reasons. Denial of bail to such persons, especially women does, however, often operate as de facto detention of their infant or toddler wards. Being neither the subject of trial nor required to be in detention for any reason, such children still languish in jail for terms coterminous with the period of detention of their mother." The Court further contended that, the continued detention of a child of tender age, even if in the custody of mother in jail would have foreseeable adverse influence on his socialization, sensory enrichment and over all physical and mental development.
To Increase Number of Daily COVID-19 Testing to At Least 50K Persons Per Day: Uttarakhand High Court Directs the Government in regards to Kumbh Mela
On Wednesday, Uttarakhand High Court directed the State Government to increase the number of daily testing to at least 50,000 persons per day during the Kumbh Mela this year also with the State Government to publish the data on the internet with regard to the number of persons found to be COVID-19 positive, and with regard to any death caused by COVID.
It was found that there was absence of sanitization dispensers, manual dispensers, inadequate number of changing rooms and washrooms, lack of drinking water facilities, lacking of testing kits for COVID-19. After observing the matter at hand, the Court further raised in its order that there was poor condition of the Hospitals & medical services spread throughout the Kumbh Mela area. Consequently, the Court directed various measures for the State Government to follow in its order.
Supreme Court Seeks Affidavit from Tihar Jail Authorities: regarding CCTV Cameras installed.
In his above mentioned case, the Supreme Court has directed the Jail Superintendent of Tihar Jail to file an affidavit disclosing where the CCTV cameras have been installed and in addition whether the Control Room and the boundary wall of the jail are covered by CCTV cameras or not.
The matter came to light following the petition where three death row convicts were involved in an incident on 15th March, 2021 where in a search conducted of the concerned cell/enclosure, the three inmates including the petitioner were found to be in intoxicated condition. Following this the father of the said petitioner received information that the petitioner was badly beaten inside the prison where he is presently lodged. After further inspection the Apex Court raised concerns that the rights of citizenry under Article 21 of the Constitution are being hampered. The Bench stated that, “we are not accepting the excuses given in the letter” in reference to the letter given by the Central Government.
Supreme Court: Law to Control Black Magic, Superstition & Forceful Religious Conversions after Plea filed
In this case, a public interest litigation has been filed before the Supreme Court by BJP leader and Advocate Ashwini Kumar Upadhyay, the plea filed sought for directions to the Central and the State Governments to take steps for controlling black magic, superstition and forceful religious conversions.
He brought to light the issue incidents of forceful religious conversion by "carrot and stick", use of black magic, are reported every week throughout the country. After careful inspection he also noted that the victims of such forceful conversions are often socially and economically under privileged people, particularly belonging to the SC-ST community of the country. His main argument is in regards to the violation of Articles 14, 21, 25 of the Constitution, in addition to the principles of secularism, which is integral part of basic structure of Constitution are also hammered due to this. After the aftermath of this, we have seen that the Governments of Uttar Pradesh and Uttarakhand have enacted anti-religious conversion laws.
SC Sets Aside Bail Granted To Man Accused of Murdering Lady Doctor
Let’s look at the case at hand, shall we? According to the case, the accused, Mahesh on 28th September 2020 at about 3.30 p.m., stabbed a doctor who was about 30 years of age, with a knife, inside a dental clinic, run by her. The doctor was stabbed with a knife on the right side of the stomach, in the presence of her father at her dental clinic. In regards to this matter which was first brought up to the Sessions Court which dismissed the bail application the petitioner moved to the HC which allowed it observing that “indefinite incarceration was not necessary.”
On this matter the SC Bench held that, "In this case, the impugned order of the High Court is flawed, in that the High Court noted the seriousness of the offence alleged, observed that the incident was heinous, but proceeded to grant bail to the Respondent Accused on the purported ground that he had been in custody since 6th October 2020 without even considering the materials on record which prima facie made out reasonable grounds to believe that the Respondent Accused had committed the heinous offence, hence, the HC did not apply its mind to the severity of the punishment.”