20th October 2022 - Legal News Analysis

1. Provide free tickets to transgender as third gender since they

are economically and socially backward: Delhi High Court

 In this case, a public interest litigation (PIL) petition filed by a

transgender person. The Petitioner said that “The misery of the
members of the transgender community is further enhanced, when the
conductor on a routine basis berates such persons for choosing the
female gender, as the conductor accuses them of trying to procure free
bus tickets.”

 The petitioner further argued that “Furthermore, providing cost-free

travel to persons belonging to the TG (transgender) community in DTC
buses would be a promotion of social equality as the TG Community has
always been shunned by society and treated as a community of
untouchables."

 The Petitioner further said that “A reduction in cost of travel for the TG
Community would help in integrating them into the larger societal
framework and give them an opportunity to live with dignity as currently
a large number of persons belonging to the community are
economically/socially downtrodden.”

 The High Court noted that a similar petition was filed in the High Court
earlier as well and directions were passed in March 2020 by a division
bench to the government to decide the issue, no decision has been
taken and the representation has been put in cold storage.

 So, the Delhi High Court asked the Delhi government to decide within
four months a representation demanding recognition of transgender
persons as third gender in the tickets handed out in city’s public
transport buses run by Delhi Transport Corporation (DTC).

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 Meanwhile, the High Court asked the State to decide on another
demand raised in the representation - to provide free tickets to third
gender since they are economically and socially backward.

2. Thirukkural, the classic Tamil language text that consists of

couplets propagating a virtuous way of life, is a holy book like
Bible and Quran: Madras High Court

 In the case, P Ramkumar vs State, a PIL filed by P Ramkumar, a visually

challenged person, who had sought directions to the State government
to bring out Braille Version of Thirukkural in Tamil and English languages
with standard interpretation to ensure the visually challenged people
can read and recite and enjoy the essence of Thirukkural on their own.

 The State Government said that the Indian Association for the Blind in
Chennai and Madurai had published in Braille both in Tamil and in
English, and was selling the same at a concessional rate.

 The High Court observed that "There can be no dispute that Thirukkural,
a Holy book like the Bible and Quran, has been accepted to be
universally applicable to everyday life to every sphere and has been
translated in more than 90 languages. It has been considered as the gem
of moral philosophies covering all branches of life. It is also known as
truthful utterances."

 The Madras High Court said that "This court deems it appropriate to
direct the respondent authorities to give wide publication about the
availability of sangam literature, including Thirukkural in braille form in
Tamil language, so as to enable all the persons visually challenged, to
read, recite, understand and enjoy the glory and culture of this land."

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3. A special court for trying cases under the SC/ST Act, 1989 can
treat an application under Section 156(3) of the Code of
Criminal Procedure (CrPC) as a complaint: Allahabad High
Court

 In the case, Naresh Kumar Valmiki & Ors. v State of UP & Ors., Along
with the main petition, 83 other petitions and appeals were tagged in
which applications filed under Section 156 (3) CrPC were treated as
complaints and the respective accused persons were summoned to face
trial.

 Counsel appearing in the main petition contended that as per the SC/ST
Act, 1989 lodging of FIR is mandatory if a complaint has been made on
an act which is an offence. He further argued that since the SC/ST Act is
a Special Act, the same overrides any other Act and thereby, the Special
Court designated under the Act cannot take cognizance of an offence by
treating an application under section 156(3) CrPC as a complaint.

 The High Court while relying on the judgement of Shantaben Bhurabhai

Bhuriya v Anand Athabhai Chaudhari, and the second proviso to Section
14 of the SC/ST Act makes it clear that the Special Court so established
or specified shall have powers to directly take cognizance of offence
under this Act.

 The Allahabad High Court held that “The view taken in the case of Soni
Devi vs. State of UP that an application under Section 156(3) Cr.P.C.
cannot be treated as a complaint case is incorrect. The court concerned
while exercising its judicial discretion can treat the said application as a
complaint case also...In view of our aforesaid discussions, a Special Judge
or court so established can treat an application under Section 156(3)
Cr.P.C. as a complaint and proceed further in accordance with law.”

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4. The West Bengal government and the Pollution Control Board
should ensure that only green firecrackers with QR codes are
sold in the State: Calcutta High Court

 In the case, Sabuj Mancha v. the State of West Bengal, a Public Interest
Litigation (PIL) seeking a total ban on the sale of firecrackers in the State,
claiming that the directions of the Supreme Court in the case of Arjun
Gopal v. Union of India were flagrantly violated.

 The petitioner said that the authorities had not established a mechanism
to ensure the sale and bursting of only green crackers, resulting in
severe noise and air pollution in the previous years.

 The Pollution Control Board informed the Bench that it had issued
directions permitting only the sale and bursting of green crackers in
West Bengal on specified dates within a stipulated time frame.

 The High Court said that "We hope and trust that the festival of lights
does not become a cause for concern where the demon of pollution
poisons our air and leads to irreparable damage to the health of the
population at large."

 The Calcutta High Court has directed the West Bengal government and
the Pollution Control Board to ensure that only green firecrackers with
QR codes are sold in the State. High Court further directed that the
government to publish advertisements in newspapers and
announcements on various platforms to spread awareness on the
restrictions on the sale and bursting of crackers this festive season.

5. Not only the police official, excise official, but also officers of
the State Tax department and the transport department love
liquor ban, for them it means big money: Patna High Court

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  In the case, Niraj Singh v State of Bihar, a bail plea filed under the
prohibition law. The High Court noted that one of the reasons for the
failure of the Act’s implementation was the lacunae left by
investigating officers in conducting search, seizure and investigation.

 The High Court said that investigating agencies deliberately refrain

from submitting charge sheets against smugglers or gang operators,
rather they act against poor drivers, cleaners, labourers who were
engaged in loading and unloading of liquor.

 The High Court further said that “The State authorities have failed to
implement complete prohibition in the State of Bihar to safeguard
the health, life and liberty of the people at large and their
confidence."

 The Supreme Court Bench of Justices Sanjay Kishan Kaul and MM

Sundresh under reference noted that "The Bench also asked the State
to focus more on preventive steps to stop sale and consumption of
liquor in the State. It said that in most of the cases it is the State
officers who facilitate the illegal activities which happen under their
nose but is the poor people who are caught and put behind bars..."

 Further the Single judge bench of Patna High Court transfer the
matter to the Chief Justice of Patna High Court to take cognizance of
the issue.

6. Homebuyers in the Maradu municipality who purchased flats, are

equally responsible for the same as builders and authorities: Supreme
Court

 In this case, applications filed before the Top Court by those who had
purchased the flats at Kerala's Maradu municipality, which were in May
2019 ordered to be removed for being built on the notified Coastal
Regulatory Zone (CRZ) of the area.

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 In September 2019, the Top Court ordered the Kerala government to
pay ₹25 lakh as interim compensation to the affected flat owners, which
were to be recovered from the builders and the remainder to be
awarded to the flat owners to be evaluated by the Justice TB
Radhakrishnan committee. The Apex Court later ordered the builders to
deposit ₹20 crores with the committee.

 The committee found that the officials were also aware of the CRZ
classification and that the area of the now demolished buildings fell in a
no development zine as per the relevant notification. Consequently, the
liability would be not just on the builder alone, but also on the State
government and the concerned municipality and panchayat.

 The Supreme Court bench of Justices BR Gavai and BV Nagarathna said

that "What is the responsibility of the homebuyers? Can they buy
anywhere just because builder is building? We have to balance
everyone's interest; everyone must face the music. These were not rural
or illiterate people."

7. Rape is abhorrent not only against the victim, but also for the
society at large: Delhi High Court

 In the case, Bagender Manjhi v. State (Govt. of NCT) Delhi, an appeal

filed by the convict challenging an October 2019 judgment passed by a
special court in Saket convicting him under charges of rape and relevant
provisions of the Protection of Children from Sexual Offences (POCSO)
Act.

 The High Court said that “Nothing can be more heinous than a crime
committed on a child. It is trite to state that it is necessary for the Courts
to have a sensitive approach when dealing with cases of child rape. The
effect of such a crime on the mind of the child is likely to be lifelong.”

 The Delhi High Court while upholding the judgement of the special Court
said that "The offences against minors, more particularly sexual assault
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are increasing alarmingly and it is, therefore, necessary for the courts to
imbibe the legislative wisdom. The plight of a victim and the shock
suffered can be felt instinctively; as the victim of rape is left devastated
by the traumatic experience, as well as an unforgettable shame; being
haunted by the memory of the horrific experience forcing her into a
state of terrifying melancholia."