Weekly Legal Updates February Week 2

1.)Valentine Week Special: Decriminalisation Of Adultery1

The decisions to criminalize or decriminalize in India do not seem to be based on the established principles in
the realm of criminal jurisprudence. It therefore leads to a variety of confusion and most discussion in this
regard remain centered aroun personal opinions and conjectures. In order to test the proposition, this paper
focusses on the initiative of the Supreme Court to decriminalize adultery in certain terms.

Adultery, said Vladimir Nabokov, “is a most conventional way to rise above the conventional.” It forces one
to relook the assumptions surrounding sexual exclusivity as the evil nature associated with adultery mainly
arises from regressively traditional ideas of betrayal. But in today’s world, adultery practiced openly, with the
consent of all concerned, stands on different footing.

The provision of Adultery as defined under S.497 of the IPC seeks to punish only men for adultery and treats
women involved in the crime as victims and defines the offence of Adultery and creates a criminal sanction
against a man from having sexual intercourse with with someone else’s wife without her husband’s consent.

This provision which seeks to morally police the personal marital decisions of the people has continued
without any progressive amendments since it was first drafted by Macaulay in 1860. It has long remained
under the scanner and efforts have been made for its reconsideration.

This recently came to light when the Supreme Court in Dec 2017 in the case of Joseph Shine v UOI2 issued
notice to the Centre on a petition challenging the constitutional validity of the Adultery Law. A three-judge
Bench suggested that the provision which prescribes a jail term of up to five years or fine or both, shall be
declared unconstitutional for “being unjust, illegal and arbitrary and violative of citizens’ fundamental
rights.” A close look at the language employed in the Section reflectthat the fulcrum of the offence is
destroyed once the consent or the connivance of the husband is established.

2.)Pakistani Human Rights Activist And Senior Lawyer Asma Jahangir Passes Away3

Celebrated Pakistani human rights activist and senior lawyer Ms. Asma Jahangir passed away in
Lahore on Sunday at the age of 66. According to reports, the former UN special rapporteur died of cardiac
arrest. In 1987, she co-founded the Human Rights Commission of Pakistan and was the Commissioner’s

1
http://www.livelaw.in/decriminalisation-of-adultery/
2
WP(Crl.)No.194/17.

3
http://www.livelaw.in/pakistani-human-rights-activist-senior-lawyer-asma-jahangir-passes-away/
 Weekly Legal Updates February Week 2
Secretary General till 1993, after which she was elevated to the post of the Commission’s Chairperson. She
was also appointed as the President of the Supreme Court.
However, she was put under house arrest once again in November, 2007, when she agitated along
with lawyers in response to the former President and Army Chief Pervez Musharraf’s decision of
unconstitutionally suspending Iftikhar Muhammad Chaudhry as the Chief Justice of Pakistan’s Supreme
Court. Ms. Jahangir was quite clearly a fierce defender of democracy and regularly raised concerns about
Pakistan’s military and intelligence services. She received several awards, including France’s highest civilian
award and Sweden’s Right Livelihood Award in 2014 for the decades of trailblazing work done by her. She
was also included in Time magazine’s list of the 100 most influential women.

3.) Want Power To De-Register Parties: ECI To SC4

In an affidavit filed before the Supreme Court, Election Commission of India (ECI) has supported de-
criminalization of politics, but refrained from making any further assertions on the issue of barring convicted
politicians from forming political parties.

The submissions were made in response to a Petition filed by BJP leader and Advocate Ashwini Kumar
Upadhyay, who has also sought directions to the ECI to decriminalize politics and ensure inner-party
democracy. In its affidavit, ECI, in fact, submitted that it has been seeking de-criminalization of politics since
1998, when it had sent a proposal to the Centre for the same. The recommendations were also re-iterated in
its proposed electoral reforms published in July, 2004and December, 2016.

It further pointed out that Section 29A of the Representation of the People Act, 1951 allows ECI the
discretion to decide whether or not to register political parties. The power to de-register the parties, it said,
was first suggested by the Chief El Commissioners in a letter written to the Law Minister in July, 1998. The
proposal was reiterated in July, 2004. The ECI therefore asserted that empowering it to de-register parties is
an essential electoral reform.

4.) 114 Opposition MPs Petition President For SIT Probe Into Judge Loya’s Death5

A delegation of MPs from Congress, CPM and 13 other opposition parties, on Friday, submitted a
memorandum to President Ram NathKovind demanding a probe by a Special Investigation Team (SIT) into
CBI Special Judge BrijgopalHarkishanLoya’s death.

4
http://www.livelaw.in/want-power-de-register-parties-eci-sc-read-affidavit/
5
http://www.livelaw.in/114-opposition-mps-petition-president-sit-probe-judge-loyas-death/
 Weekly Legal Updates February Week 2
The memorandum, signed by 114 Parliamentarians, drew the President’s attention to the “Government’s
constant assault on out democratic values and traditions since it assumed power in 2014.”

5.) Google Told To Pay Rs 135.86-cr Penalty for Creating Search Bias In Favour Of Its Own Services 6

The Competition Commission of India (CCI) on Thursday imposed a penalty of nearly Rs 1.36 billion on
internet giant Google for abuse of its dominant position and creating a search bias in favour of its own
services. The fine amounts to 5 per cent of the company’s average total revenue generated from India
operations for the financial years 2013 to 2015.

It was contented by the informants, Matrimony.com and Consumer Unity & Trust Society, that Google runs
its core business of search and advertising in a discriminatory manner, causing harm to advertisers and
indirectly to the consumers and creates an uneven playing field by favouring Google’s own services and
partners, through manually manipulating its search results to the advantage of its vertical partners.

6.) RTI UPDATES:

a) Denial Of Information For Lack Of Aadhaar Is A Serious Breach Of RTI Act: CIC in VishwasBhamburkar
v. PIO, Housing & Urban Development Corporation Ltd.7

b) Delhi HC Sets Aside CIC Order Declaring Every Minister A Public Authority Under RTI Act.8

c) Delhi Soccer Association Declared As A Public Authority Under The RTI Act in D K Bose v. PIO, Delhi
Soccer Association9.

d) Indian Banks Association Declared A Public Authority Under RTI Act By Full Bench of CIC in Shri R K
Jain V/S Indian Bank Association (IBA) and Ms. Ita Bose V/S Indian Bank Association (IBA)10.

6
http://www.livelaw.in/google-told-pay-rs-135-86-cr-penalty-creating-search-bias-favour-services-read-order/
7
http://www.livelaw.in/denial-information-lack-aadhaar-serious-breach-rti-act-cic-read-order/
8
http://www.livelaw.in/delhi-hc-sets-aside-cic-order-declaring-every-minister-public-authority-rti-act-read-
orders/

9
http://www.livelaw.in/delhi-soccer-association-declared-public-authority-rti-act-read-order/
10
http://www.livelaw.in/indian-banks-association-declared-public-authority-rti-act-full-bench-cic-read-orders/
 Weekly Legal Updates February Week 2

7.) Justice Abdulqawi Ahmed Yusuf Elected As New President Of International Court of Justice (ICJ) 11

The International Court of Justice (ICJ), on Tuesday, elected Mr. Abdulqawi Ahmed Yusuf as its new
President and Ms. XueHanqin as its Vice-President. Both of them will serve a term of three years. Mr. Yusuf
will take over from French Judge Ronny Abraham to become the 25th President of ICJ as well as the 3rd one
from Africa. He has been a Judge at ICJ since 2009 and was elected as its Vice President in February, 2015.

8.) Chief Justice Of Bangladesh Resigns Following Conflict With Government 12

In a controversial move, the Chief Justice of Bangladesh Justice SurendraKmarSinha, the first Hindu to be
appointed as Chief Justice of the Muslim majority nation, tendered his resignation papers on Saturday. He
had assumed office on 17 January 2015. The Chief Justice had been on leave for past one month, and had
gone oversees, reportedly staying in Singapore and Australia. There were unconfirmed reports that he was
forced to go on leave after he invoked the displeasure of the Government. Initially, the Law Minister stated
that the Chief Justice had gone on sick leave as he was suffering from cancer. However, in a stunning
statement issued on the 13th of October, Justice Sinha denied that he was sick, and that he will return soon.
He stated that he was embarrassed with the criticism made against him by politicians and government by
misinterpreting his judgment which struck down a constitutional amendment.

9.) SCOTUS Refuses To Hear Samsung’s Appeal Against $120 Million Award To Apple 13

The Supreme Court of the United States (SCOTUS), on Monday, refused to hear Samsung’s Appeal against
the $120 million award granted to Apple Inc. in a patent dispute. The Court upheld the verdict with a single-
line denial, without elaborating on the decision.

The patent battle involved several patents tied to quick-link, slide-to-unlock and autocorrect features. Apple
had won the first round, with a San Jose, California Federal Court ruling that Samsung had infringed its
patents. Apple had then been awarded $119.6 million. This ruling was initially overturned by the Federal
Circuit, but was reinstated again in October, 2016 by the same Court.

10.) Court Proceedings Are Not Necessary For Withdrawing Life Support –UK Court Of Protection 14

11
http://www.livelaw.in/justice-abdulqawi-ahmed-yusuf-elected-new-president-international-court-justice-icj/
12
http://www.livelaw.in/chief-justice-bangladesh-resigns-following-conflict-government/
13
http://www.livelaw.in/scotus-refuses-hear-samsungs-appeal-120-million-award-apple-read-order/
 Weekly Legal Updates February Week 2
The UK Court of Protection has clarified that decisions to withdraw life support treatment to patients in
Permanent Vegetative State(PVS) or Minimally Conscious State(MCS) need not always be taken with
judicial approval. It was held that if the deciswas taken on agreement between doctors and family members
in accordance with the professional guidelines, Court intervention was not a mandatory requirement. The UK
Court of Protection has clarified that decisions to withdraw life support treatment t to patients in Permanent
Vegetative State(PVS) or Minimally Conscious State(MCS) need not always be taken with judicial approval.
It was held that if the decision was taken on agreement between doctors and family members in accordance
with the professional guidelines, Court intervention was not a mandatory requirement.

14
http://www.livelaw.in/court-proceedings-not-necessary-withdrawing-life-support-uk-court-protection-read-
judgment/
Weekly Legal Updates February Week 2
Weekly Legal Updates February Week 2