#Article 2 Case Title: ‘THE STATE OF TELANGANA & ORS. VERSUS MOHD. ABDUL QASIM (DIED) PER LRS. Supreme Court's Rulings on Climate Change and Forest Protection Background: > Recent judgments by the Supreme Court of India underscore the potential adverse impacts of climate change and the importance of forest protection. > The Court referenced a Reserve Bank of India report highlighting the significant economic losses and job displacement projected due to climate change. Key Findings from the RBI Report: > Climate change could cost India 2.8% of its GDP by 2050 and lead to serious job losses across sectors. > Indian agriculture and industry are particularly vulnerable to labor productivity losses due to heat-related stress, > India could lose up to 10% of its’ GDP annually by 2100 Without adequate mitigation policies. Forest Protection and Climate Change Mitigation: > The Court emphasized the critical role of forest protection in mitigating the adverse effects of climate change. > Adifference of one and a half degrees Celsius in temperature could save the global economy tens of trillions of dollars. > Countries with excess forest cover could sell their carbon credits to those in deficit, Judicial Recognition of Climate Change Rights: > In MK Ranjitsinh And Ors. v. Union of India, the Court recognized, for the first time the right to be free from the adverse effects of climate change. > The right to equality and the right to life encompass the right to be free from the adverse effects of climate change. sme get set. SwSource: Manipur Tribal Forum Ay stArticle 1 Case Title: Manipur Tribal Forum Delhi v. State of Manipur & Anr Rising Violence in Manipur ‘The Manipur Tribal Forum has filed an interim application before the Supreme Court raising apprehensions about fresh onslaught of violent acts against the Kuki-Zo community in the state of Manipur. ‘The application secks protection by the Indian Army and calls for the arrest of the leaders inciting violence in the state. ‘The Forum alleged that neglect by the authorities has led to a deep sense of fear and ice inju ithin the community, “We are coming before this court with folded hands to take the urgent measures that are necessa which, happens, may be even more extensive than the first rounds of attack. Inthe first round of litigation we pleaded for the Indian Army to be called out to protect us but that relief’ wasonét granted and thereafter the assailants were emboldened by the absence of the Indian army and the carnage began.’ It may be recalled that on Mareh U1, the Court-appointed Committee led by Justice Gita Mittal, brought urgent concerns before the Supreme Court regarding the spurt of violence in Manipur. ‘The Committee, formed in August 2023 to address humanitarian issues arising from ethnic violence, sought specific directions from the court to restrain protesting organizations from inciting violence against State Administration proaches Supreme Court Raising Apprehensions Of Fresh Qutbreak Of Violence, Seeks Army Protection wm getset|Sw#Article 5 ‘Supreme Court Declines Plea for 3-Year LL.B Degree After 12th Standard” scrapping 5-year LLB course - The Economic Times > Petition Context: The Supreme Court declined to hear a petition seeking to allow a 3-year LL.B degree course directly after the 12th standard. > Bench Composition: The bench, comprising Chief Just e of India DY Chandrachud and Justice JB Pardiwala, expressed disinelination to entertain the matter. > Petitioner's Submission: Senior Advocate Vikas Singh, representing petitioner Advocate Ashwini Upadhyay, argued that the 5-year duration of the LL.B course after school disproportionately affects girl students and economically disadvantaged children, > CiI's Response: CJI Chandruchud countered Singh's submission, noting that a significant portion of law students and district judiciary members are female. He ‘expressed skepticism about reducing the course duration, stating that even 5 years might be insufficient for producing mature legal professionals, > Withdrawal of Peti mn: Despite Singh's request t6 allow’ withdrawal with liberty to approach the Bar Council, the Court only allowed withdrawal without granting further liberty > Petition Details: The PIL argued that the 5-year LL.B course duration is unreasonable and irrational, violating Articles 14 and 21 of the Constitution. It sought direction for the formation of an Expert Committee to assess the feasibility of a 3-year LL.B course after the 2th standard. > Petitioner's Arguments: Upadhyay contended that the current 5-year duration is unnecessary, unsuitable for students, and imposes excessive financial burden, He argued that students could adequately study law in 3 years, similar to other undergraduate programs. sme get set Aw#Article 6 Booth Capturing Explainer : Booth Capturing During Elections As ‘Corrupt Practice! Under RP Act > Representation of the People Act (RPA), 1951: The primary legislation governing elections to Parliament and State Assemblies in India, outlining qualification criteria for membership and defining corrupt practices. > Part VII: Corrupt Practices and Electoral Offences: Section 123 of the RPA identifies corrupt practices for election purposes, including booth capturing, as outlined in sub-section (8). > Definition of Booth Capturing: Section 135A of the RPA defines booth capturing as various actions, such as seizing a polling station, allowing only supporters to vote, coercing /intimidating voter nga place for vote counting, and involving government officials in election-related malpractice. Booth Capturing Offence: Section 135A of the RPA categorizes booth capturing as a serious offence, punishable by imprisonment ranging from 1 to 5 years, along with. fines. Government servants involved in such offences face stricter penalties. > Disqualification from Membership: Section 8 of the RPA mandates disqualification from Parliament or State Legislatures for individuals convicted of booth capturing. Disqualification periods vary based on the nature of the conviction, ranging from 6 years after fine-only convictions to 6 years after release from imprisonment. > Poll Adjournment or Countermanding: Section 58A empowers the Election Commission (EC) to adjourn a poll or countermand an election if booth capturing renders the result unascertainable or if the election’s integrity is compromised. The EC decides based on reports from Returning Officers and may call for a fresh poll or countermand the entire election in the affected constituency. > Illegality and Consequences: Booth capturing by 2 candidate, agent, or any other individual is considered a corrupt practice under the RPA, with severe legal consequences, including potential disqualification of candidates and legal penalties. ims get.set.[aw> Courts must consider the rights of affected communities, such as the right against di Importance of Forests: lacement, while giving effect to this right. > Forests are vital for the survival of diverse life forms and play a crucial rote in maintaining a hospitable environment on Earth. ions and controlling > Despite providing essential services like regulating carbon em pollution, forests are under threat due to human activities, Vulnerable Sections and Environmental Equity: > Vulnerable sections of society are most affected by the depletion of forests, highlighting the importance of forest protection for all. > Environmental equity ensures a balanced distribution of environmental risks and protections, including the application of sustainable development principles. Source: ‘Adverse Effect Of Climate Change Will Be On Nation's Future’ : Supreme Court Stresses Importance Of Forest Protection sme get set Sw#Article 3 Section 144 CrPC and Supreme Court Case Title: Aruna Roy and Anr. v. Union of India her-ahead-of-elections-255517 > Case Background: ‘The Supreme Cou issuance of ‘blanket’ orders under Section 144 of the CrPC ahead of Lok Sabha/Vidhan Sabha elections. > Petitioners and Representation: Activists Aruna Roy and » issued notice on a plea challenging the khil Dey filed a public interest litigation represented by Advocate on Record Prashant Bhushan, Bhushan highlighted the trend of issuing blanket Section 144 orders during elections, prohibiting assemblies, meetings, demonstrations, ete., without specific reasons. > Concerns Raised: Bhushan pointed out that such orders were being issued for the entire duration of elections, from announcement till conclusi n, hindering democratic activities without valid grounds. He referred to three Constitution beneh decisions emphasizing the need for well-founded apprehension of breach of peace before issuing Section M4 orders. > Example Provided: Bhushan cited an order passed on March 16 by the District Magistrate of Barmer, which restricted public gatherings during Lok Sabha elect without prior written permission, except for marriage ceremonies and funeral processions, > Petitioners’ Request: The petitioners sought permission to conduct a “democracy yatra" to educate voters about their democratic rights. They requested that their application for permission be decided within 48 hours, considering the upcoming elections > Interim Order: ‘The Court, comprising Justices BR Gavai and Sandeep Mehta, issued notice in the matter and directed that any applications filed by the petitioners seeking permission for activities shall be decided within 3 days of filing > Decision Rationale: Justice Gavai emphasized the importance of timely decision-making regarding such applications to ensure democratic processes are not unduly restricted during elections, ime get.setlaw#article 4 Supreme Court intervenes: Pregnancy Termination Granted for Minor Rape Survivor Supreme Court permits abortion for 14-year-old rape survivor to protect her i " cll-being - The > Case Background: The Supreme Court allowed an urgent plea for terminating the pregnancy of a 14-year-old minor rape survivor. > Court's Decision: The bench, consisting of CJI DY Chandrachud and Justice JB Pardiwala, invoked Article 142 of the Constitution to direct the Dean of Sion Hospital, Maharashtra, to conduct the medical termination of the 28-week pregnancy, > Medical Opinion: ‘The decision was based on the fresh medical examination of the minor rape survivor, which concluded that continuing the pregnancy could severely impact her physical and mental well-being > Legal Representation: Assistant Solicitor General Aishwarya _Bhati, representing the Union, assisted the Court in the matter. > Petition Details: ‘The petition, filed by the minor's mother, challenged the Bombay High Court's order dated April 4, 2024, which had denied the relief of termination, The minor was a victim of sexual assault, and FIRs under relevant sections of the IPC and POCSO Act were registered. > Observations: The bench ‘aside the Bombay High Court's order and noted that terminating the pregnancy at the current stage posed fewer risks to the minor's life than continuing it till full term. > Legal Conte: Pregnancy (MTP) Act extended the upper limit for termination from 20 to 24 : The recent 2021 amendment to the Medical Termination of weeks for certain categories of women, including rape victims, to be defined in the MTP Rules. sme get set Aw