Weekly Legal Updates February Week 2

For the first time since the NJAC tussle, the Supreme Court has done something this
week to re-affirm why we should be more comfortable placing faith in the judiciary
than our lawmakers. The hot potato of section 377, that no one was willing to deal
with, especially not parliament, has returned to the judiciary, where the new Chief
Justice of India (CJI) TS Thakur has dealt with it with aplomb, creatively referring
the curative petition over gay rights to a constitution bench.
2. Women can now manage the Hindu Undivided Familys [HUF] property and affairs if
they are the eldest alive member of the HUF, ruled the Delhi high court in a landmark
judgement. Justice Najmi Waziri broadened the definition of the Karta in the HUF,
by applying the year 2005 amendment to the Hindu Succession Act, to the case of
Sujata Sharma versus Manu Gupta. Karta traditionally stood for the eldest male
member of the HUF Through the amendment in 2005, daughters were also given
coparcenery rights in the joint family property, equivalent to the rights of the sons.
This judgment by the high court is the first ever extension of the female-coparcenor
reasoning to the definition of the HUFs Karta.
3. UN Special Rapporteur on Torture Juan E. Mndez called on the Mauritanian
authorities to protect suspects and detainees from abuse and torture while being held
in the country.
4. French police have discriminated against Muslims residing in France under the state
of emergency law imposed in November according to a report released by Human
Rights Watch (HRW).
5. UN Human Rights Chief Zeid Ra'ad al-Hussein stated that Syrian factions should not
offer amnesty for any committed war crimes as opposing sides meet in Geneva to

Weekly Legal Updates February Week 2

discuss a possible end to the country's ongoing civil war.
6. UN High Commissioner for Human Rights Zeid Ra'ad Al Hussein urged Turkey to
investigate the shooting of unarmed civilians. The incident in Cizre, a city in the
mainly Kurdish southeastern region of Turkey, occurred on January 20 and involved
security officials shooting unarmed civilians.
7. Amnesty International (AI) condemned the reinstatement of Nigeria's senior military
general, Major General Ahmadu Mohammed, who is alleged to have actively
participated in the mass murder of hundreds of detainees at the Giwa barracks
detention center in March 2014.
8. A Kenyan member of parliament (MP) called for all judges of the Kenyan Supreme
Court to resign after it was recommended that a tribunal investigate Justice Philip
Tunoi for allegedly accepting a Sh200 million bribe.
9. Human Rights Watch (HRW) sent a letter to Guinea Prime Minister Mamady Youla,
urging him to ensure that any government oversight on telecommunications respects
individual privacy.
10. The law commission of England has suggested overhaul of the entire marriage laws
citing them outdated. It is presently being considered by the relevant government
departments.