Showing posts with label cases. Show all posts
Showing posts with label cases. Show all posts

Monday, June 15, 2020

PROTECTION OF CIVIL RIGHTS ACT, 1955: CASES

Section 3

State of M.P. v. Puranchand, Madhya Pradesh High Court held for the purpose of section 3, the person prevented must either be professing the same religion as other persons to whom the place is open.
The object of Section 3 is not to create any new rights in favour of untouchables but it is intended only to put them at par with other caste Hindus.
Parameswaran Moorthy v. Vasudeo Kurup, the Kerala High Court held that Section 3 does not confer unfettered and absolute rights to perform religious services that are supposed to be performed only by priests according to religious tenets or to enter such places where such
rituals are being conducted.
In Hindu Religious Endowment Board v. L.T Swamiyar, (AIR 1954 282) the Supreme Court held that there is no unregulated and unrestricted right of entry in a public temple or other religious institution for persons who are not connected with religious functions.
In the case of Venkatraman Devaru v. State of Mysore, the SC held that denominations had the religious freedom to manage their own religious affairs and could hence exclude outsiders from temple ceremonies.

Section 4

Benudhas Sahu v. State (ILR(1962)Cut256) the court held that Section 4 (iv) does not apply to private wells because the owner of private well is free to regulate the use of well by co-villagers. If the owner of private well permitted other people in the village to draw water from the well, it does not means that every villager has a right of access to or right to use the well.

Section 7: Punishment for other offences arising out of untouchability.

In M. Lakshminarayana Reddy vs The Union Of India (AIR 1987) considering the issue of Constitutional validity of Section 7, the court held that Rights conferred under Arts. 14, 19 and 21 cannot be considered as superior to other rights and obligations created by other articles of the same Chapter. The court held that the petitioner did not have a right to do any act that was forbidden by the same chapter. 

Monday, March 23, 2020

Important Cases 2019: B K Pavitra v. Union of India-II.

B K Pavitra v. Union of India-II. On the provision of Article 16(4-A) as the impugned legislation of Karnataka government provided for consequential seniority for SC/STs after promotion.
  • Act was held to be in conformity with the judgments of M. Nagraj and Jarnail Singh v. Lakshmi Narain Gupta.
  • On question of administrative efficiency as mentioned under Article 335 of the Constitution, following views were held by Chandrachud J. that:
    • No inference can be drawn that reservation in favour of SC/STs has negatively impacted efficiency.
    • Meritorious candidate is not one who is merely talented but one whose appointment fulfills constitutional goal of uplifting SCs and STs.
    •  Administrative efficiency in the affairs of the Union and state must be defined in inclusive sense, where diverse segments of society find representation in public administration.