Chatter #5: Essential Legal Bytes (Betraying Intelligence, Rape victims, ED powers, Film Relief, Infertility)

Five important Legal news this week include sharing of intelligence reports, Rape victims abortions, ED powers, relief to Hinduphobic Film, Infertility and divorce.

Chatter #5: Essential Legal Bytes (Betraying Intelligence, Rape victims, ED powers, Film Relief, Infertility)
Photo by Jesse Bowser / Unsplash
Time Flies street art seen in Florence Italy.  There was lots of quirky street art in this beautiful city.  I love this photo it has a sense of fun.
Photo by Belinda Fewings / Unsplash
“There are few persons, even among the calmest thinkers, who have not occasionally been startled into a vague yet thrilling half credence in the supernatural, by coincidences of so seemingly marvellous a character that, as mere coincidences, the intellect has been unable to receive them.” ― Edgar Allan Poe

1. Why is Judiciary sharing intelligence briefings?

In our last Chatter, we had shared that sharing the details of the communications between the government and judiciary, the Supreme Court had started playing dirty tricks.

The thing that is really egregious is that the information from the Indian intelligence services was brought out in public by the Supreme Court itself.  

Union Minister of Law and Justice Kiren Rijiju on Tuesday reacted to the Supreme Court’s decision to publicise the RAW and Intelligence Bureau (IB) reports on the appointment of judges in the high courts. Kiren Rijiju said that putting such details in the public domain is a “matter of serious concern". “Putting secret reports in the public domain is a matter of grave concern," he said.

The Law minister called it out this week.

‘Matter of grave concern’: Kiren Rijiju on SC putting RAW, IB inputs in public
Reacting to the recent comments made by Supreme Court regarding a delay in the appointments on the Collegium recommendations, Kiren Rijiju said these are administrative orders

It is one thing to challenge the government, but when one constitutional institution starts to betray the details from intelligence briefings out in the public, then one needs to pause and ask the question that has been asked of every Modi government adversary -

Has Anti-Modi-ism now morphed into Anti-India-ism?

For, at which point does this slide stop?

On the other hand, Senior Advocate Kirpal is amply displaying why he could be an ideological threat.  He was called out by the intelligence for the security threat he poses due to his Swiss partner.  That he is an ideological fanatic is quite clear now and should be a factor.   Just as being gay is not a crime and should not be dinged, being heterosexual should not be posited as a crime either.

Currently we have upper-caste, heterosexual men in judiciary; they also have biases: Senior Advocate Saurabh Kirpal
Indian judiciary at present is largely comprised of upper-caste, heterosexual judges and they don’t necessarily reflect our diverse society, Senior Advocate Saurabh Kirpal recently said.

By bringing in "caste" factor, Kirpal clearly throws in all the buzzwords that forces of one kind use to target the majority, and specifically this government.  True or not.

2. Women entitled to termination of pregnancy in Rape Cases

Finally, we have a sane order with respect to rape female victims.  And it took a woman to understand the pain that a rape victim would be going through.

The Delhi High Court has observed that denying a woman the right to medical termination of pregnancy in sexual assault cases and imposing the responsibility for such decisions on the survivor, constitutes a violation of her fundamental right to reproductive autonomy and bodily integrity. The Court has also noted that such decisions must be left to the survivor and her medical care providers, who must be given the freedom to make an informed decision.

Woman Entitled To Termination Of Pregnancy In Rape Cases, Has Right To Say ‘Yes’ Or ‘No’ To Being A Mother: Delhi High Court
The Delhi High Court has observed that denying a woman the right to

3. ED cannot investigate any offence other than money laundering

The Delhi High Court has said that the Enforcement Directorate does not have the powers to investigate any offence other than money laundering and it cannot assume those other powers.

The Delhi High Court, presided over by Justice Yashwant Varma, heard the petitions of Prakash Industries Ltd. and Prakash Therma Power Ltd. challenging the Provisional Attachment Orders issued by the Enforcement Directorate. The proceedings originated from the apportionment of the Fatehpur Coal Block in Chhattisgarh, where the petitioners allegedly misrepresented their net worth to procure the coal block.

Delhi High Court: ED Not Empowered to Investigate any other Offence other than Money Laundering
The Delhi High Court by its single judge Justice Yashwant Varma in the matter of M/s. Prakash Industries Ltd. vs. Union

4. Director of Hinduphobic movie "Kaali" gets relief

Manimekalai appealed to the Supreme Court for protection against the multiple cases that were initiated against her in relation to the poster of her upcoming film, 'Kaali', which sparked outrage and was alleged to have offended religious sentiments of the Hindu community. The lawyer representing her noted that nine FIRs have been lodged in Uttar Pradesh, Madhya Pradesh, Uttarakhand, and Delhi, and it is very likely that more FIRs will be filed in other states due to the same issue. The apex court, in response, granted her immunity from any coercive action and ordered for the multiple FIRs to be clubbed together.

Kaali poster row: Supreme Court grants interim protection to Leena Manimekalai from coercive action
Supreme Court said that multiple FIRs in several States over the Kaali poster would cause serious prejudice to Leena Manimekalai | OpIndia News

5. Infertility no ground for divorce

Shampa Dutt (Paul), J. ruled that asking for a mutual divorce when the wife is facing mental and physical health problems because of infertility is cruel, and infertility cannot be the cause of a divorce.

Calcutta High Court | Infertility cannot be a ground for divorce | SCC Blog
when wife is battling mental and physical health issues due to infertility amounts to cruelty and infertility cannot be a ground for divorce

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