Law Vaarta | लॉ वार्ता

On 17th October 2023, a 5-judge bench of the Indian Supreme Court rejected petitions seeking legal recognition of same-sex marriages. The judgment is unanimous on some questions but divided on others. 

In this video, we break down and explain the Court's holding on nine questions:

1. Is there a fundamental right to State-recognition of marriage?

2. Can the Court re-interpret the Special Marriage Act to allow same-sex marriages?

3. Is the State discriminating against same-sex couples by not allowing them access to the benefits flowing from marriage?

4. If yes, can the Court direct the State to ensure that these benefits are given to same-sex couples?

5. Is the Indian context of marriage different from the US context?

6. Can same-sex couples adopt a child?

7. Can transgender persons marry under the Special Marriage Act?

8. Can States make law relating to marriage?

Leave a comment and let us know your feedback!

Video editing credits: Shrijan Verma

Tanya Srivastava, Vishal Sinha and Shivani Vij speak to Shrutanjaya Bhardwaj on the 7-judge bench case, Sita Soren v. Union of India, in which the Supreme Court recently reserved judgment on the correctness of the Constitution Bench judgment in ex-Prime Minister PV Narasimha Rao's case.

The legal question before the Supreme Court is whether a Member of Parliament who accepts a #bribe for casting a vote inside Parliament is, on account of his #parliamentary #privileges, immune from prosecution under the Prevention of Corruption Act, 1988.

Attributions:

Newspaper clips: The Hindu and Hindustan Times

Law Vaarta animation: Vaibhav Bhatia

Video editing by: Shrijan Verma

Shrutanjaya Bhardwaj speaks to Supreme Court advocates Shivani Vij, Tanya Srivastava and Trisha Chandran to understand the details of India's most recent constitutional amendment—the first one to be passed in the new Parliament building.

The Union Home Minister recently introduced three criminal law bills in Parliament, proposing to replace the Indian Penal Code, 1860, the Code of Criminal Procedure, 1973, and the Indian Evidence Act, 1872.

This video explains all key changes proposed to the Indian Penal Code, 1860 by the "Bharatiya Nyaya Sanhita".

On 11th May 2023, the Supreme Court of India directed that control over "services" in Delhi shall vest with the elected government. The Court noted that this was necessary in any democratic setup to ensure that civil servants carry out their duties with discipline.

On 19th May 2023, the President of India promulgated an Ordinance to overturn the Supreme Court's judgment. The President instituted a 3-member authority to appoint all Group 'A' officers for Delhi. The authority consists of Delhi's Chief Minister and two Secretaries, and its decisions are to be taken by a majority of "members" present and voting.

On 4th May 2023, the Patna High Court restrained the Government of Bihar from proceeding with its programme of a "caste-based survey".

Join Shrutanjaya Bhardwaj in a brief description of the judgment.

Attributions:

Law Vaarta animation: Vaibhav Bhatia

Nitish Kumar interview: NDTV

On 7th April 2023, the State of Tamil Nadu passed a new law prohibiting online "gambling" and online "games of chance".

What is "gambling"? What are games of chance? How are they different from games of skill? When did this concept originate?

Join us for a brief discussion on the new Tamil Nadu law.

Attributions:

Law Vaarta animation: Vaibhav Bhatia

Dream 11 logo: Pixlok.com

On 10 March 2023, the Ministry of Fisheries, Animal Husbandry and Dairying, Government of India published the Animal Birth Control Rules, 2023.

The Rules govern:

1. Dog catching

2. Euthanasia

3. Dog bites

4. Dog feeding

How does the Supreme Court of India function? What is its strength? How many judges usually hear a case? What types of cases reach the Supreme Court? What does its workload look like?

Join us for an overview of the Supreme Court of India.

On 13 April 2019, in a Karnataka rally, Congress Leader Rahul Gandhi allegedly made a defamatory allegation against the Modi community. On 23 March 2023, the Chief Judicial Magistrate, Surat convicted him for defamation under Sections 499 & 500 of the Indian Penal Code, 1860 and sentenced him to two years in prison.

The judgment came upon a complaint filed by Gujarat MLA Purneshbhai Ishwarbhai Modi, who claimed to be a victim of the defamatory statements along with 13 Crore other persons belonging to the Modi community.