Are you up-to-date on the latest legal developments in India? We've covered you, from groundbreaking judgments to current events and legislative changes. In this blog, we will explore some of the latest legal news from India, covering a range of topics from seal-covered jurisprudence to same-sex marriage to adoption and child rights.
Let's dive into the month's highlights and see what we can learn about today's key legal issues.
However, before moving any further, we would like you to check our updated free PDF comprising 25 Legal News of 2023: Wrap up the entire year Here!
In this blog, we'll take a closer look at the biggest legal news stories from April.
Judgments of April 2023
1. Case Title- Madhyamam Broadcasting Ltd v. Union of India and others, 2023, SC
Does the Sealed cover procedure violate the Principles of Natural Justice?
Facts- In this case, news channel Media One was not allowed to renew its license for broadcasting by the Ministry of Information and Broadcasting. The channel filed a petition in the Kerala HC, where the Ministry of Information and Broadcasting gave the documents on sealed cover documents provided by the Ministry of Home Affairs, claiming national security reasons. The channel then approached the Supreme Court.
Judgment - The Supreme Court set aside the orders passed by MIB and Kerala HC and directed to renew MediaOne's License. The Court criticized the use of the sealed cover procedure and stated that it violates the principles of natural justice and the right to a fair hearing.
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2. Case Title- Shri Rakesh Raman v. Kavita, 2023, SC
Irretrievable breakdown of a marriage can be read as the ground of "cruelty": SC
Facts- The court dealt with a case where a couple lived separately for 25 years. The husband wanted a divorce because of cruelty, and the family court granted it in 2009. But the Delhi High Court overturned the decision in 2011. The husband appealed to the Supreme Court, which noticed that the couple's relationship had become very bitter over time. The Court also noted that they did not have any children together.
Judgment- The Court observed that if a marriage becomes increasingly bitter over time, it's cruel to both people involved. Thus, the court held that "irretrievable breakdown of marriage" can be treated as a form of "cruelty" under Section 13 (1)(ia) of the Hindu Marriage Act as ground of divorce
3. Case Title - Shabnamjahan & Ors. v. State of Maharashtra, 2023, Bom HC
Single parents and divorcees are also allowed to adopt Children
Facts- The biological parents of a young girl wanted her aunt, a divorced working woman, to adopt her. They approached the District Court under Section 56(2) of the JJ Act. The district judge rejected the application by stating that the aunt’s job would not allow her to give attention to the child. They appealed against the decision to the Bombay High Court.
Judgment- The Bombay HC overruled the lower court's decision. The Court held that “according to the JJ Act of 2015, single parents and divorcees are also allowed to adopt & the district court's function is limited to ensure that all the required conditions for adoption were met.” Thus, the High Court granted the aunt's request and declared her the legal adoptive parent of the four-year-old girl.
4. Case Title- Aaradhya Bachcha and Anr. v. Bollywood time & Ors., 2023, Delhi HC
Every Child Entitled To Honour And Respect: Delhi HC
Facts- Abhishek Bachchan filed a case in Delhi Court on behalf of his daughter Aaradhya Bachchan, claiming that various YouTube channels shared fake news and videos of her being seriously ill, violating her right to privacy in the Information Technology Rules of 2021.
Judgment- The court ordered nine YouTube channels to stop sharing any videos regarding her health and directed the government to block access to the content. The Court expressed "zero tolerance" for spreading false information about a child's health and emphasized that every child deserves respect and dignity, regardless of their celebrity status.
Legal Events of April 2023
1. Inquiry on killings Of Atique Ahmed
A PIL was filed before the SC by advocate Vishal Tiwari seeking an independent committee of experts to investigate the killing of Atique Ahmed and his brother Ashraf. The plea also requested an investigation into 183 similar incidents in Uttar Pradesh since 2017, claiming that the incident was planned in advance and questioning the transparency and efficiency of the police.
On April 15, three men shot Atiq Ahmed and his brother Ashraf near a medical college in Prayagraj. The Chief Minister of Uttar Pradesh, Yogi Adityanath, then ordered an investigation and formed a Judicial commission of three judges to look into the killings.
2. SC begins hearing on the issue of Same-Sex Marriage.
The Supreme Court referred the recognition of same-sex marriages to a 5-Judge Constitution Bench last month, which commenced hearing on April 18th, 2023. The bench includes Chief Justice of India DY Chandrachud and Justices SK Kaul, Ravindra Bhat, Hima Kohli, and PS Narasimha.
The petitioners are seeking legal recognition of same-sex marriage. Still, the Centre has raised objections and argued that only the parliament has the authority to give recognition to social relationships.
3. AAP party got the status of a National Party
The Election Commission of India (ECI) has declared the Aam Aadmi Party (AAP) a national party while taking away the same status from Trinamool Congress, the Communist Party of India, and the Nationalist Congress Party.
As per the Election Commission's regulations, a political party is granted national status if it is recognized as a state-level party in four states. To be recognized as a state party, it must receive a minimum of six per cent of the valid votes polled and win at least two seats in Assembly or Lok Sabha elections. The AAP party became national because it won five seats in the Gujarat Assembly elections and got almost 13 per cent of the vote share.
4. Marital rape to be criminalised?
The Supreme Court will hear different types of petitions about whether the exception for marital rape in Indian law is constitutional on May 9, 2023. The petitions includes four kinds of matters- the first plea is an appeal against the Delhi High Court split verdict on the marital rape exception, the second is PILs filed against the marital rape exception, the third case is a plea challenging the decision of the Karnataka High Court, which found a husband guilty of having sex with his wife against her will and the fourth are intervening applications.
Conclusion
The recent judgment on using the sealed cover procedure in the Madhyamam Broadcasting case is a reminder of the importance of upholding the principles of natural justice and a fair hearing. The ongoing hearing on same-sex marriage and the possibility of criminalizing marital rape highlights the need for continued progress in ensuring equal rights for all individuals in India. These legal developments indicate the Indian legal system's approach towards a more just and equitable society.