Important One Liner (AUGUST TO OCTOBER)

 The Hon’ble Supreme Court of India recently released a handbook to

eliminate gender stereotypes from legal language and proceedings. The
title of the aforesaid is “Handbook on Combating Gender Stereotypes”.

 The three criminal reform bills were introduced in Lok Sabha on August
11, 2023 and the said bills were referred to the standing committee on the
same day. The substantial portion of the original criminal law has been
retained in a verbatim manner in the bills with some significant changes.
The bills are as follows-

1. The Bharatiya Nyaya Sanhita, 2023 to replace the Indian Penal

Code, 1860.
2. The Bhartiya Sakshya Bill, 2023 to replace the Indian Evidence
Act, 1872.
3. The Bharatiya Nagarik Suraksha Sanhita, 2023 to replace the Code
of Criminal Procedure, 1973.

 The Kerala Assembly recently passed a resolution in August 2023 so as

to rename the state as “Keralam”.

 The Parliamentary Standing Committee on Personnel, Public Grievances,

Law and Justice in its report titled “Specific aspects of election process
and their reform” suggested regarding the lowering of the minimum age
for contesting in the Assembly elections from 25 years to 18 years along
with various other suggestions.

 The Parliamentary Standing Committee on Personnel, Public Grievances,

Law and Justice in its report titled “Judicial Processes and their reforms”
suggested that Hon’ble judges of the Supreme Court and High Courts
should be required to declare their assets annually along with various
other suggestions.

1
  In August 2023, The Chief Election Commissioner and Other Election
Commissioners (Appointment, Conditions of Service and Term of Office)
Bill, 2023 was introduced in the Rajya Sabha. Some of the salient
features of the bill is as follows-

1. A search committee to be constituted for the preparation of a panel

which will consist of persons for consideration for appointment of
the Chief Election Commissioner and Other Election
Commissioners.
2. A selection committee to be constituted for recommendation of the
appointment of the Chief Election Commissioner and Other
Election Commissioners.
3. The bill seeks to repeal the Election Commission (Conditions of
Service of Election Commissioners and Transaction of Business)
Act, 1991

In a recent case of Anoop Baranwal v. Union of India, the Supreme Court in

March 2023 laid down that how the appointment process of the Chief Election
Commissioner and Election Commissioner shall be done by the President of
India until a law is enacted by the Parliament for the same. This bill has been
introduced in furtherance of this judgment.

 Recently Bihar released its final report on the caste based survey, also
called Bihar Jaati Adharit Ganana. Out of Bihar’s total population 27%
consist of OBC’s and 36% consist of EBC’s. The aforesaid report was
presented in the Legislative Assembly of Bihar on November 7.

 The Commission for Other Backward Classes established in 2017 to

explore the sub-categorization of Other Backward Classes (OBC) groups
which was headed by Justice G Rohini (Retd), submitted its report to the
President of India on July 31, 2023, after numerous extensions.

 Recently in a laudable move the United Nations Committee on the Rights

of the Child (UNCRC) issued a new General Comment No. 26, in order
to ensure that the right to a clean and sustainable environment of children
is recognized around the globe, with a focus on climate change.

2
  Recently the senate of Pakistan passed a bill which seeks amendment to
the Army Act, 1952 of Pakistan. The bill proposed imprisonment up to
five years for unauthorised disclosure for a person who discloses sensitive
information regarding the country or army without requisite
authorisation.

 The Indian Institutes of Management (Amendment) Act 2023 was passed

by the Parliament and received assent of the President in August 2023.
The Act makes amendment to the Indian Institutes of Management Act,
2017. As per a new inserted provision under Section 10 A of the Act “the
President of India shall be the visitor of every institute”.

 The Parliamentary Panel on Education, Women, Children, Youth and

Sports which is doing the examination of the Prohibition of Child
Marriage Amendment Bill, 2021 which seeks to extend the minimum age
of marriage of women from 18 years to 21 years has been given an
extension of three months till January 2024.

 Denmark recently tabled legislation regarding the banning of the burning

of religious texts after widespread protests on it.

 Australia recently voted on a historic referendum on October 14, 2023

and answered it “NO” for the referendum question regarding whether the
indigenous population of the country should be necessarily consulted in
making laws. The question which was decided is as follows-

“A Proposed Law: to alter the Constitution to recognise the First Peoples of

Australia by establishing an Aboriginal and Torres Strait Islander Voice. Do
you approve this proposed alteration?”

 Recently the Government has formed a committee, headed by former

President Ram Nath Kovind, to understand the possibility of the concept
of “one nation, one election,” which means holding of simultaneous
elections to Lok Sabha and State Legislative Assemblies, once in five
years and aiming at synchronised elections.

3
 The Union Environment Ministry has constituted a new “Central
Empowered Committee” (CEC) in order to deal with environmental
issues. Herein this move will lead to the replacement of the ad hoc expert
panel which has been assisting the Hon’ble Supreme Court on forest and
environmental issues since 2002.

 The company “Apple” extended its support to the “right to repair” bill
introduced in Californian legislature which aims at requiring the
manufactures to allow their respective customers to fix the damaged
device.

 A “Special Session” in the Parliament was scheduled from September 18

to September 22, 2023. But it was adjourned sine dine on September 21,
2023. Adjourned sine dine in simple terms means the termination of the
respective session for indefinite time period. The special session also
commemorated the 75 year old journey of the Parliament with a special
discussion on its achievement and experiences.

 The Supreme Court of India recently joined the National Judicial Data
Grid (NJDG) portal, the Hon’ble Chief Justice of India D Y Chandrachud
announced the same.

 Recently a copyright infringement suit was filed against OpenAI in a

class action suit in USA. The petitioners include famous novelist George
RR Martin amongst others. It has been accused that the company has
trained its Artificial Intelligence chat bot “ChatGPT” on their work
without their requisite permission.

 California passed SB-253 Climate Corporate Data Accountability Act on

September 12, 2023, which will require the companies with annual
revenues over $1 billion to disclose their carbon footprint.

 The Hon’ble Supreme Court of India decided to refer the judgment in the
case of PV Narasimha Rao v. State (1998 SC) wherein it was held that

4
 the legislators enjoyed immunity from prosecution in cases of bribery in
relation to parliamentary vote and speech by virtue of Article 105 (2) and
194 (2) of the Constitution of India to be considered by a larger 7 judge
bench.

 Recently under the Patent Act, 1970, the Draft Patents (Amendment)
Rules, 2023 were released.

 The Jharkhand Chief Minister has written to the Prime Minister, urging
the recognition of the “Sarna” religious code for tribal communities in
the respective state.

 Justice Gita Mittal Committee was established to address the issue

regarding the Manipur ethnic violence case. It was established by the
Supreme Court to monitor relief and rehabilitation efforts in Manipur.
The Committee submitted three reports in August regarding the same.

 The Tripura Chief Minister Manik Saha has launched an e-cabinet system
in state secretariat in Agartala. This has been done in order to facilitate
and develop the digital infrastructure in the state.

 During the G20 Summit in Delhi held in September 2023 the invitations
had the statement in the English Official announcement which consisted
of words “President of Bharat” instead of “President of India”. Also
recently a NCERT panel also suggested in a meeting that the word
“India” should be replaced with “Bharat” in all textbooks. Though no
final decision has been taken on the recommendation for implementation.
(Article 1 (1) of the Constitution of India postulates that “India, that is
Bharat, shall be a Union of States”).

 The ongoing Israel Palestine conflict- On October 7, a group based in

Palestine named Hamas attacked Israel from the Gaza strip to which
Israel retaliated leading to the current war like situation. Israel was
proclaimed an independent state in the year 1948.

5
  The 5 judge Constitution Bench of the Supreme Court in the case of
Association For Democratic Reforms and Anr. v. Union of India
reserved its judgment in November 2023 wherein petitions were filed to
challenge the “electoral bonds” scheme which made its way through the
amendments made by the Finance Act 2017.

 The Supreme Court collegium recently recommended the appointment of

the Chief Justice of the following 3 High Courts. The recommendation is
as follows-

Uttarakhand High Court – Justice Ritu Bhakri

Orissa High Court- Justice Chakradhari Saran Singh
Meghalaya High Court- Justice S Vaidyanathan

Recent Landmark Judgments

 Case: Ilavarasan v. The Superintendent of Police & Ors. (2023 SC)

Herein the Hon’ble Supreme Court held that the “self-respect marriages” as
recognised under the Section 7A of the Hindu Marriage Act, 1955 (as
applicable to the State of Tamil Nadu through amendment) do not require public
solemnization or declaration. Also the advocates can solemnize these marriages
in their individual capacity as witnesses but not in their professional capacity
while acting as advocates or counsels. The Madras High Court judgment in the
case of S Balakrishnan Pandiyan v. Inspector of Police (2014 Madras High
Court) was found to be erroneous.

 Case: Revanasiddappa & Anr. v. Mallikarjun & Anr. (2023 SC) (3

Judge Bench) (Justice DY Chandrachud)

Herein the 3 Judge Bench of the Hon’ble Supreme Court decided the reference
question in the case of Revanasiddappa & Anr. v. Mallikarjun & Anr. (2011
SC) (2 judge Bench) regarding the provision of Section 16 of the Hindu
Marriage Act, 1955 that- whether the children who are born out of void or

6
voidable marriages are entitled to inherit the property of their parent’s? (Be it
self-acquired or ancestral property)

The court held that a child who is born out of a void or voidable marriage is
entitled to the share of parent in a Hindu Undivided Family which is governed
by Mitakshara law. It is pertinent to note herein that such child will not be
treated as a coparcener by birth in the Hindu Undivided Family.

 Case: Central Bureau of Investigation v. Dr RR Kishore (2023 SC) (5

Judge Bench)

The question decided by the Hon’ble 5 Judge Constitution Bench herein was
that whether the decision in the case of Subramanian Swamy vs. Director,
Central Bureau of Investigation and Another (2014 SC) wherein the Section 6A
of the Delhi Special Police Establishment Act, 1946 was held to be
unconstitutional being in violation of Article 14 of the Constitution of India,
will be having retrospective or prospective effect?

The court herein held that it will be having retrospective effect. Thus the
Section 6A of the Delhi Special Police Establishment Act, 1946 is held to be not
in force from the date of its insertion which is 11.09.2003.

 Case: Initiatives for Inclusion Foundation & Anr. v. Union of India

& Ors. (2023 SC)

The Hon’ble Supreme Court herein issued various important directions for the
implementation of the Sexual Harassment at Workplace (Prevention,
Prohibition and Redressal) Act, 2013 (for short “POSH Act”) to the Union and
the state governments along with the Union Territories. Amongst other
important directions one of the significant directions is regarding the
appointment of the “District officer” to be mandatory under the Section 5 of the
POSH Act.

 Case: Dr.Balram Singh v. Union of India & Ors. (2023 SC)

7
The Hon’ble Supreme Court herein issued directions to the Union and the state
governments along with the Union Territories for the eradication of the social
evil of manual scavenging. The court herein also directed that the compensation
in sewer death cases must be increased to Rs. 30 lakhs from the earlier amount
of Rs. 10 lakh which was applicable from 1993 to be paid by the concerned
agency which may be the Union, State or the Union Territory as per the case.
The court also directed that in case of disability arising for sewer victim the
amount of compensation to be minimum of Rs. 10 lakhs. And where the
disability is permanent in nature and it renders the person to be economically
helpless then the amount of compensation to be minimum of Rs. 20 lakhs.

 Case: Yashpal Jain v. Sushila Devi & others (2023 SC)

The Hon’ble Supreme Court herein issued 12 important directions to all the
Hon’ble High Courts for ensuring speedy trial and to monitor the disposal of
civil cases.

 Case: Pankaj Bansal v Union of India (2023 SC)

Herein the Supreme Court held that as per the Section 19 of the Prevention of
Money Laundering Act, 2002 it is mandatory to record reasons in writing
regarding the grounds of arrest of the accused done by the officer of the
Directorate of Enforcement, that is, ED. The court further clarified that “a copy
of the written grounds of arrest should be furnished to the accused without
exception”.

 Case: Ajeet Gurjar v. The State of Madhya Pradesh (2023 SC)

Herein the Hon’ble Supreme Court held that the requirement of an inquiry
regarding the issue that the whether the trial of the offender will be conducted as
a child or as an adult under the Section 19 (1) (i) of the Juvenile Justice Act,
2015 by the Children’s Court is mandatory even though the provision uses the
term “may”, the same has to be read as “shall”.

8
  Case: V Senthil Balaji v. The State Represented by Deputy Director
and Ors. (2023 SC)

The Hon’ble court herein held that the term “such custody” used under the
Section 167 of the Criminal Procedure Code, 1973 (for short “CRPC”) will
include “police custody” and custody of other investigating agencies.

The court also clarified that the “maximum period of 15 days of police custody
is meant to be applied to the entire period of investigation which is 60 or 90
days in total”.

Herein the Hon’ble Supreme Court also referred the judgment in the case of
CBI v. Anupam J. Kulkarni (1992 SC) in which it was held that the police or
investigating agency can't seek custody of the accused after the first 15 days
from the arrest to a larger bench for reference.

 Case: Ameena Begum v. The State of Telangana & Ors. (2023 SC)

Herein the court condemned the invocation of the preventive detention law in
the state of Telangana in a casual manner. The court held that the preventive
detention laws are “exceptional measures” for the tackling of emergent
circumstances, and it should not be used as a tool to enforce “law and order”.
The court also laid down ten significant factors to be considered in order to
ascertain the legality of the orders made under the preventive detention law.

 Case: Supriyo @ Supriya Chakraborty & Anr. v. Union of India

(2023 SC) (5 Judge Bench)

The 5 judge bench pronounced 4 separate judgments written by Chief Justice of

India DY Chandrachud, Justice SK Kaul, Justice Ravindra Bhat and Justice PS
Narasimha with Justice Hima Kohli respectively. Herein the Hon’ble Supreme
Court refused to grant legal recognition to a civil union in the form of marriage
for same sex couples under The Special Marriage Act, 1954.

The Supreme Court denied the right to adopt children to the queer couples
wherein the Regulation 5 (3) of the Central Adoption Resource Authority
Regulations, 2020 was in question. To this issue there was dissenting opinion by
Hon’ble Justice DY Chandrachud and Justice SK Kaul.

9
  Case: CPL Ashish Kumar Chauhan (Retd) v. Commanding Officer
& Ors. (2023 SC)

Herein the court has directed the central and state governments to ensure the
effective implementation of the Human Immunodeficiency Virus and Acquired
Immune Deficiency Syndrome (Prevention and Control) Act, 2017, also known
as the HIV Act. Also the court granted compensation of around one crores and
fifty lakhs to retired Air Force government servant who contracted HIV during a
blood transfusion at a military hospital.

 Case: Humans of Bombay Stories Pvt. Ltd. v. POI Social Media Pvt.
Ltd & Anr. (2023 Delhi High Court) (Justice Pratibha M Singh)

Herein a suit for copyright infringement was filed by Humans of Bombay

against People of India. The Hon’ble Delhi High Court directed both the
platforms, that is, the Humans of Bombay and People of India to refrain from
using each other’s work which is their respective copyright. The court also
clarified that there cannot be any monopoly over running of such storytelling
platform.

 Case: Star India Private Limited & Anr. v. Jiolive TV & Ors. (2023
Delhi High Court) (Justice Pratibha M Singh)

The issue before the consideration of the court was regarding the illegal
broadcasting of the ICC Men’s Cricket World Cup 2023 (for short “World
Cup”). Herein the Hon’ble Delhi High Court granted “dynamic injunction”
against any rogue website from illegal broadcasting of the World Cup without
the authorization of the plaintiff who is having exclusive rights to telecast the
same. The court in this case also referred to the recent order in the case of
Universal City Studios LLC v. Dotmovies.baby (2023 Delhi High Court)
wherein the court granted “dynamic+ injunction” in order to protect the
copyrighted work.

10
Important Legislations

1. The Constitution (One Hundred and Sixth Amendment) Act, 2023

 It received the Presidential assent in September 2023.

 Thought the Act is not enforced yet. The implementation of the said Act
has been deferred and it will be done after conducting a delimitation
exercise after the next coming census.

 The salient feature of the Act is to introduce reservation for women for
1/3 rd seats in the following-

• House of the People, that is, Lok Sabha

• Legislative Assembly of every state

• Legislative Assembly of the National Capital Territory of Delhi.

 Changes in the Articles of the Constitution of India-

Article 239 AA- Amendment done

Article 330 A- New insertion

Article 332 A- New insertion

Article 334 A- New insertion

2. Registration of Births and Death (Amendment) Act, 2023

 It came into force on October 1, 2023.

11
  It will make amendment to the Registration of Births and Death Act,
1969.
 The aim of the Act is to provide a unified database which will be
maintained by the Registrar General of India at the national and the state
level for the maintenance of the registered births and deaths.

 The Act will also allow the Registrar General of India to share the
aforesaid mentioned database with the “authorities” who are maintaining
other databases like electoral rolls, ration card, passport, driving license,
Aadhaar number and the like.

3. The Digital Personal Data Protection Act 2023

 The Digital Personal Data Protection (DPDP) Bill was introduced as a

regular Bill and not a Money Bill amidst various rumours.

 The aim of the Act is stated to be to recognise “the right of individual to

protect their personal data and also the need to process the personal data
for lawful purpose”.
 For the first time any legislation use the term “she” to introduce any
person.

 It is being compared to the General Data Protection Regulation (GDPR)

of the European Union.
 The Act defines Data principal as the “individual to whom the personal
data relates to”. The Act also clarifies regarding the consent of the data
principal under Section 6 for processing of the personal data. Another
significant feature is the establishment of the Data Protection Board of
India and the Appellate Tribunal. The Act also introduces penalties for
breach of the provisions of the Act.

4. Mediation Act 2023

Some of the salient features of the Act is as follows-

12
  Mediation agreement- As per the Section 4 of the Act a mediation
agreement shall be in writing. Also it can either be a mediation clause in a
contract or a separate agreement.

 Pre-litigation mediation- As per the Section 5 of the Act parties can

voluntarily and with mutual consent opt for pre litigation mediation
before filing any suit or proceeding of civil or commercial nature.
(Similar provision is present under Section 12 A of the Commercial
Courts Act 2015 which deals with pre-institution mediation and
settlement).
 Time limit for completion of mediation- As per the Section 18 of the Act
mediation shall be completed within 120 days from the date fixed for the
first appearance before the mediator. Also the said period may be
extended for further 60 days maximum as agreed by the parties.

 Online mediation- Introduced as per the Section 30 of the Act.

 Mediation Council of India- Introduced as per the Section 31 of the Act.

 Community Mediation- Introduced as per the Section 43 of the Act.

5. THE GOVERNMENT OF NATIONAL CAPITAL TERRITORY

OF DELHI (AMENDMENT) ACT, 2023

Some of the salient features of the Act-

 This Act is passed in order to make amendment in the Government of

National Capital Territory of Delhi Act, 1991.
 The landmark judgment in the case of Government of NCT of Delhi v.
Union of India (2023 SC) (5 Judge Bench) which settled law regarding
the conflict between the Delhi government and the centre government
was again opened after the passing of this legislation which has been
challenged again before the Hon’ble Supreme Court.

13
  It introduces a new part, which is Part IV A which will deal with the
maintenance of democratic and administrative balance in the NCT of
Delhi.
 It also establishes the National Capital Civil Service Authority.

6. The Jan Vishwas (Amendment of Provisions) Act, 2023

The legislative intent of the legislation is to “amend certain enactments for

decriminalising and rationalising offences”. It makes amendments to various 42
legislations and makes significant changes with regard to imposition of fine,
penalties and imprisonment.

7. Forest (Conservation) Amendment Act 2023

 It will come into force on December 1, 2023.

 It will make amendment to the Forest (Conservation) Act, 1980.

 It changes the definition of “forest land”.

 The act introduces a new provision under Section 3 C which gives power
to the Central Government to issue directions.

14