News Analysis India

Tag: DY Chandrachud

  • Justice Dipankar Datta sworn in as Supreme Court judge

    Express News Service

    NEW DELHI: Justice Dipankar Datta on Monday took oath as the Supreme Court judge. The oath was administered by CJI DY Chandrachud. 

    Justice Datta’s elevation who was serving as the Chief Justice of Bombay HC was notified by the Central Government on Sunday. 

    “In exercise of the power conferred under the Constitution of India, Justice Dipankar Datta has been appointed as Judge of the Supreme Court of India. I extend my best wishes to him,” Union Law Minister Kiren Rijiju said in his tweet. 

    Justice Datta’s elevation as SC judge was recommended by the SC collegium headed by former CJI UU Lalit in its meeting dated September 26. With his appointment SC will have 28 judges out of the total sanctioned strength of 34. He will have a tenure till February 8, 2030. 

    Justice Datta was appointed as the Bombay HC’s Chief Justice on April 28, 2020 and was elevated to the bench of Calcutta HC as permanent judge on June 22, 2006. 

    He is the son of a former Calcutta HC Judge, Justice Salil Kumar Datta and brother-in-law of Justice Amitava Roy, former SC judge. Born in February 1965, he obtained his LL.B. degree from the University of Calcutta in 1989 and was enrolled as an Advocate on November 16, 1989. He worked as a Junior Standing Counsel for the State of West Bengal from May 16, 2002 to January 16, 2004 and as a Counsel for the Union of India since 1998.

    Justice Datta’s appointment assumes significance against the backdrop of SC rapping the center for their inordinate delay in appointment of judges of the SC & HC. 

    NEW DELHI: Justice Dipankar Datta on Monday took oath as the Supreme Court judge. The oath was administered by CJI DY Chandrachud. 

    Justice Datta’s elevation who was serving as the Chief Justice of Bombay HC was notified by the Central Government on Sunday. 

    “In exercise of the power conferred under the Constitution of India, Justice Dipankar Datta has been appointed as Judge of the Supreme Court of India. I extend my best wishes to him,” Union Law Minister Kiren Rijiju said in his tweet. 

    Justice Datta’s elevation as SC judge was recommended by the SC collegium headed by former CJI UU Lalit in its meeting dated September 26. With his appointment SC will have 28 judges out of the total sanctioned strength of 34. He will have a tenure till February 8, 2030. 

    Justice Datta was appointed as the Bombay HC’s Chief Justice on April 28, 2020 and was elevated to the bench of Calcutta HC as permanent judge on June 22, 2006. 

    He is the son of a former Calcutta HC Judge, Justice Salil Kumar Datta and brother-in-law of Justice Amitava Roy, former SC judge. Born in February 1965, he obtained his LL.B. degree from the University of Calcutta in 1989 and was enrolled as an Advocate on November 16, 1989. He worked as a Junior Standing Counsel for the State of West Bengal from May 16, 2002 to January 16, 2004 and as a Counsel for the Union of India since 1998.

    Justice Datta’s appointment assumes significance against the backdrop of SC rapping the center for their inordinate delay in appointment of judges of the SC & HC. 

  • CJI DY Chandrachud urges legislature to consider concerns related to age of consent under POCSO Act 

    Express News Service

    NEW DELHI: Amidst the difficulty faced by judges while dealing with cases falling under the POCSO act where consenting adolescents engage in sexual activity, Chief Justice of India DY Chandrachud on Saturday urged the legislature to consider growing concerns related to the age of consent under the 2012 Act.

    The POCSO Act criminalizes all sexual activity for those under the age of 18 regardless of whether consent is factually present between the two minors in a particular case. 

    “I note that the topic for one of the panel discussions today is to do with the judgments of POCSO courts in “romantic cases” or cases where consenting adolescents engage in sexual activity. As you are no doubt aware, the POCSO Act criminalizes all sexual activity for those under the age of 18 regardless of whether consent is factually present between the two minors in a particular case. In my time as a judge, I have observed that this category of cases poses difficult questions for judges across the spectrum. There is growing concern surrounding this issue, which must be considered by the legislature in light of reliable research by experts in adolescent healthcare,” the CJI said while delivering his keynote address at the National Annual Stakeholders Consultation on Child Protection that was organised by the Supreme Court Committee on Juvenile Justice in association with UNICEF. 

    The event was also attended by Supreme Court judge Justice Ravindra Bhat, Union Minister for Women and Child Development Smriti Irani, Ms. Cynthia McCaffery (Country Representative, UNICEF India), former SC judge Justice Deepak Gupta, HC judges, judges of the POCSO courts, members of the Juvenile Justice Committees, panellists, experts. 

    Underscoring the impact of exposure of children to sexual violence at an early age which can lead to severe trauma and can have life-long ramifications, the CJI also said that it imperative for the state and other stakeholders to create awareness regarding the prevention of child sexual abuse, its timely recognition, and the various remedies available in law and otherwise. 

    “Children must also be taught the difference between ‘safe touch’ and ‘unsafe touch’. While this was previously couched as ‘good touch’ and ‘bad touch’, child rights activists have urged parents and others to use the words ‘safe’ and ‘unsafe’ because the words ‘good’ and ‘bad’ have moral implications, especially for children, and may prevent them from reporting abuse,” the CJI said. 

    Chandrachud also asked the states to encourage families to report cases of abuse irrespective of the perpetrator being a family member and also urged the executive to join hands with the judiciary to prevent this from happening.

    “The use of professional counselling services must also be encouraged, especially because many parents are unaware that this can help the child deal with trauma. Above all, there is an urgent need to ensure that the so-called honour of the family is not prioritized over the best interests of the child.

    It is an unfortunate fact that the manner in which the criminal justice system functions sometimes compounds the victim’s trauma. The executive must join hands with the judiciary to prevent this from happening,” the judge said. 

    Laying emphasis on the insufficient infrastructure and low availability of trained support personnel for the judges of the POCSO courts, the judge said that there is an urgent need for all branches of the state to properly train police and support personnel, provide adequate infrastructure and disburse compensation in a timely manner. 

    NEW DELHI: Amidst the difficulty faced by judges while dealing with cases falling under the POCSO act where consenting adolescents engage in sexual activity, Chief Justice of India DY Chandrachud on Saturday urged the legislature to consider growing concerns related to the age of consent under the 2012 Act.

    The POCSO Act criminalizes all sexual activity for those under the age of 18 regardless of whether consent is factually present between the two minors in a particular case. 

    “I note that the topic for one of the panel discussions today is to do with the judgments of POCSO courts in “romantic cases” or cases where consenting adolescents engage in sexual activity. As you are no doubt aware, the POCSO Act criminalizes all sexual activity for those under the age of 18 regardless of whether consent is factually present between the two minors in a particular case. In my time as a judge, I have observed that this category of cases poses difficult questions for judges across the spectrum. There is growing concern surrounding this issue, which must be considered by the legislature in light of reliable research by experts in adolescent healthcare,” the CJI said while delivering his keynote address at the National Annual Stakeholders Consultation on Child Protection that was organised by the Supreme Court Committee on Juvenile Justice in association with UNICEF. 

    The event was also attended by Supreme Court judge Justice Ravindra Bhat, Union Minister for Women and Child Development Smriti Irani, Ms. Cynthia McCaffery (Country Representative, UNICEF India), former SC judge Justice Deepak Gupta, HC judges, judges of the POCSO courts, members of the Juvenile Justice Committees, panellists, experts. 

    Underscoring the impact of exposure of children to sexual violence at an early age which can lead to severe trauma and can have life-long ramifications, the CJI also said that it imperative for the state and other stakeholders to create awareness regarding the prevention of child sexual abuse, its timely recognition, and the various remedies available in law and otherwise. 

    “Children must also be taught the difference between ‘safe touch’ and ‘unsafe touch’. While this was previously couched as ‘good touch’ and ‘bad touch’, child rights activists have urged parents and others to use the words ‘safe’ and ‘unsafe’ because the words ‘good’ and ‘bad’ have moral implications, especially for children, and may prevent them from reporting abuse,” the CJI said. 

    Chandrachud also asked the states to encourage families to report cases of abuse irrespective of the perpetrator being a family member and also urged the executive to join hands with the judiciary to prevent this from happening.

    “The use of professional counselling services must also be encouraged, especially because many parents are unaware that this can help the child deal with trauma. Above all, there is an urgent need to ensure that the so-called honour of the family is not prioritized over the best interests of the child.

    It is an unfortunate fact that the manner in which the criminal justice system functions sometimes compounds the victim’s trauma. The executive must join hands with the judiciary to prevent this from happening,” the judge said. 

    Laying emphasis on the insufficient infrastructure and low availability of trained support personnel for the judges of the POCSO courts, the judge said that there is an urgent need for all branches of the state to properly train police and support personnel, provide adequate infrastructure and disburse compensation in a timely manner. 

  • Review age of consent: CJI DY Chandrachud to Parliament

    Express News Service

    NEW DELHI: Amidst the difficulty faced by judges while dealing with cases falling under the POCSO act where consenting adolescents engage in sexual activity, Chief Justice of India DY Chandrachud on Saturday urged the legislature to consider growing concerns related to the age of consent under the 2012 Act.

    The POCSO Act criminalizes all sexual activity for those under the age of 18 regardless of whether consent is factually present between the two minors in a particular case. 

    “I note that the topic for one of the panel discussions today is to do with the judgments of POCSO courts in “romantic cases” or cases where consenting adolescents engage in sexual activity. As you are no doubt aware, the POCSO Act criminalizes all sexual activity for those under the age of 18 regardless of whether consent is factually present between the two minors in a particular case. In my time as a judge, I have observed that this category of cases poses difficult questions for judges across the spectrum. There is growing concern surrounding this issue, which must be considered by the legislature in light of reliable research by experts in adolescent healthcare,” the CJI said while delivering his keynote address at the National Annual Stakeholders Consultation on Child Protection that was organised by the Supreme Court Committee on Juvenile Justice in association with UNICEF. 

    The event was also attended by Supreme Court judge Justice Ravindra Bhat, Union Minister for Women and Child Development Smriti Irani, Ms. Cynthia McCaffery (Country Representative, UNICEF India), former SC judge Justice Deepak Gupta, HC judges, judges of the POCSO courts, members of the Juvenile Justice Committees, panellists, experts. 

    Underscoring the impact of exposure of children to sexual violence at an early age which can lead to severe trauma and can have life-long ramifications, the CJI also said that it is imperative for the state and other stakeholders to create awareness regarding the prevention of child sexual abuse, its timely recognition, and the various remedies available in law and otherwise. 

    “Children must also be taught the difference between ‘safe touch’ and ‘unsafe touch’. While this was previously couched as ‘good touch’ and ‘bad touch’, child rights activists have urged parents and others to use the words ‘safe’ and ‘unsafe’ because the words ‘good’ and ‘bad’ have moral implications, especially for children, and may prevent them from reporting abuse,” the CJI said. 

    Chandrachud also asked the states to encourage families to report cases of abuse irrespective of the perpetrator being a family member and also urged the executive to join hands with the judiciary to prevent this from happening.

    “The use of professional counselling services must also be encouraged, especially because many parents are unaware that this can help the child deal with trauma. Above all, there is an urgent need to ensure that the so-called honour of the family is not prioritized over the best interests of the child.

    It is an unfortunate fact that the manner in which the criminal justice system functions sometimes compounds the victim’s trauma. The executive must join hands with the judiciary to prevent this from happening,” the judge said. 

    Laying emphasis on the insufficient infrastructure and low availability of trained support personnel for the judges of the POCSO courts, the judge said that there is an urgent need for all branches of the state to properly train police and support personnel, provide adequate infrastructure and disburse compensation in a timely manner. 

    NEW DELHI: Amidst the difficulty faced by judges while dealing with cases falling under the POCSO act where consenting adolescents engage in sexual activity, Chief Justice of India DY Chandrachud on Saturday urged the legislature to consider growing concerns related to the age of consent under the 2012 Act.

    The POCSO Act criminalizes all sexual activity for those under the age of 18 regardless of whether consent is factually present between the two minors in a particular case. 

    “I note that the topic for one of the panel discussions today is to do with the judgments of POCSO courts in “romantic cases” or cases where consenting adolescents engage in sexual activity. As you are no doubt aware, the POCSO Act criminalizes all sexual activity for those under the age of 18 regardless of whether consent is factually present between the two minors in a particular case. In my time as a judge, I have observed that this category of cases poses difficult questions for judges across the spectrum. There is growing concern surrounding this issue, which must be considered by the legislature in light of reliable research by experts in adolescent healthcare,” the CJI said while delivering his keynote address at the National Annual Stakeholders Consultation on Child Protection that was organised by the Supreme Court Committee on Juvenile Justice in association with UNICEF. 

    The event was also attended by Supreme Court judge Justice Ravindra Bhat, Union Minister for Women and Child Development Smriti Irani, Ms. Cynthia McCaffery (Country Representative, UNICEF India), former SC judge Justice Deepak Gupta, HC judges, judges of the POCSO courts, members of the Juvenile Justice Committees, panellists, experts. 

    Underscoring the impact of exposure of children to sexual violence at an early age which can lead to severe trauma and can have life-long ramifications, the CJI also said that it is imperative for the state and other stakeholders to create awareness regarding the prevention of child sexual abuse, its timely recognition, and the various remedies available in law and otherwise. 

    “Children must also be taught the difference between ‘safe touch’ and ‘unsafe touch’. While this was previously couched as ‘good touch’ and ‘bad touch’, child rights activists have urged parents and others to use the words ‘safe’ and ‘unsafe’ because the words ‘good’ and ‘bad’ have moral implications, especially for children, and may prevent them from reporting abuse,” the CJI said. 

    Chandrachud also asked the states to encourage families to report cases of abuse irrespective of the perpetrator being a family member and also urged the executive to join hands with the judiciary to prevent this from happening.

    “The use of professional counselling services must also be encouraged, especially because many parents are unaware that this can help the child deal with trauma. Above all, there is an urgent need to ensure that the so-called honour of the family is not prioritized over the best interests of the child.

    It is an unfortunate fact that the manner in which the criminal justice system functions sometimes compounds the victim’s trauma. The executive must join hands with the judiciary to prevent this from happening,” the judge said. 

    Laying emphasis on the insufficient infrastructure and low availability of trained support personnel for the judges of the POCSO courts, the judge said that there is an urgent need for all branches of the state to properly train police and support personnel, provide adequate infrastructure and disburse compensation in a timely manner. 

  • Review age of consent: CJI DY Chandrachud to Parliament

    Express News Service

    NEW DELHI: Amidst the difficulty faced by judges while dealing with cases falling under the POCSO act where consenting adolescents engage in sexual activity, Chief Justice of India DY Chandrachud on Saturday urged the legislature to consider growing concerns related to the age of consent under the 2012 Act.

    The POCSO Act criminalizes all sexual activity for those under the age of 18 regardless of whether consent is factually present between the two minors in a particular case. 

    “I note that the topic for one of the panel discussions today is to do with the judgments of POCSO courts in “romantic cases” or cases where consenting adolescents engage in sexual activity. As you are no doubt aware, the POCSO Act criminalizes all sexual activity for those under the age of 18 regardless of whether consent is factually present between the two minors in a particular case. In my time as a judge, I have observed that this category of cases poses difficult questions for judges across the spectrum. There is growing concern surrounding this issue, which must be considered by the legislature in light of reliable research by experts in adolescent healthcare,” the CJI said while delivering his keynote address at the National Annual Stakeholders Consultation on Child Protection that was organised by the Supreme Court Committee on Juvenile Justice in association with UNICEF. 

    The event was also attended by Supreme Court judge Justice Ravindra Bhat, Union Minister for Women and Child Development Smriti Irani, Ms. Cynthia McCaffery (Country Representative, UNICEF India), former SC judge Justice Deepak Gupta, HC judges, judges of the POCSO courts, members of the Juvenile Justice Committees, panellists, experts. 

    Underscoring the impact of exposure of children to sexual violence at an early age which can lead to severe trauma and can have life-long ramifications, the CJI also said that it is imperative for the state and other stakeholders to create awareness regarding the prevention of child sexual abuse, its timely recognition, and the various remedies available in law and otherwise. 

    “Children must also be taught the difference between ‘safe touch’ and ‘unsafe touch’. While this was previously couched as ‘good touch’ and ‘bad touch’, child rights activists have urged parents and others to use the words ‘safe’ and ‘unsafe’ because the words ‘good’ and ‘bad’ have moral implications, especially for children, and may prevent them from reporting abuse,” the CJI said. 

    Chandrachud also asked the states to encourage families to report cases of abuse irrespective of the perpetrator being a family member and also urged the executive to join hands with the judiciary to prevent this from happening.

    “The use of professional counselling services must also be encouraged, especially because many parents are unaware that this can help the child deal with trauma. Above all, there is an urgent need to ensure that the so-called honour of the family is not prioritized over the best interests of the child.

    It is an unfortunate fact that the manner in which the criminal justice system functions sometimes compounds the victim’s trauma. The executive must join hands with the judiciary to prevent this from happening,” the judge said. 

    Laying emphasis on the insufficient infrastructure and low availability of trained support personnel for the judges of the POCSO courts, the judge said that there is an urgent need for all branches of the state to properly train police and support personnel, provide adequate infrastructure and disburse compensation in a timely manner. 

    NEW DELHI: Amidst the difficulty faced by judges while dealing with cases falling under the POCSO act where consenting adolescents engage in sexual activity, Chief Justice of India DY Chandrachud on Saturday urged the legislature to consider growing concerns related to the age of consent under the 2012 Act.

    The POCSO Act criminalizes all sexual activity for those under the age of 18 regardless of whether consent is factually present between the two minors in a particular case. 

    “I note that the topic for one of the panel discussions today is to do with the judgments of POCSO courts in “romantic cases” or cases where consenting adolescents engage in sexual activity. As you are no doubt aware, the POCSO Act criminalizes all sexual activity for those under the age of 18 regardless of whether consent is factually present between the two minors in a particular case. In my time as a judge, I have observed that this category of cases poses difficult questions for judges across the spectrum. There is growing concern surrounding this issue, which must be considered by the legislature in light of reliable research by experts in adolescent healthcare,” the CJI said while delivering his keynote address at the National Annual Stakeholders Consultation on Child Protection that was organised by the Supreme Court Committee on Juvenile Justice in association with UNICEF. 

    The event was also attended by Supreme Court judge Justice Ravindra Bhat, Union Minister for Women and Child Development Smriti Irani, Ms. Cynthia McCaffery (Country Representative, UNICEF India), former SC judge Justice Deepak Gupta, HC judges, judges of the POCSO courts, members of the Juvenile Justice Committees, panellists, experts. 

    Underscoring the impact of exposure of children to sexual violence at an early age which can lead to severe trauma and can have life-long ramifications, the CJI also said that it is imperative for the state and other stakeholders to create awareness regarding the prevention of child sexual abuse, its timely recognition, and the various remedies available in law and otherwise. 

    “Children must also be taught the difference between ‘safe touch’ and ‘unsafe touch’. While this was previously couched as ‘good touch’ and ‘bad touch’, child rights activists have urged parents and others to use the words ‘safe’ and ‘unsafe’ because the words ‘good’ and ‘bad’ have moral implications, especially for children, and may prevent them from reporting abuse,” the CJI said. 

    Chandrachud also asked the states to encourage families to report cases of abuse irrespective of the perpetrator being a family member and also urged the executive to join hands with the judiciary to prevent this from happening.

    “The use of professional counselling services must also be encouraged, especially because many parents are unaware that this can help the child deal with trauma. Above all, there is an urgent need to ensure that the so-called honour of the family is not prioritized over the best interests of the child.

    It is an unfortunate fact that the manner in which the criminal justice system functions sometimes compounds the victim’s trauma. The executive must join hands with the judiciary to prevent this from happening,” the judge said. 

    Laying emphasis on the insufficient infrastructure and low availability of trained support personnel for the judges of the POCSO courts, the judge said that there is an urgent need for all branches of the state to properly train police and support personnel, provide adequate infrastructure and disburse compensation in a timely manner. 

  • All-women bench to hear matters in Supreme court

    By PTI

    NEW DELHI: Chief Justice of India DY Chandrachud has constituted an all-women bench comprising Justices Hima Kohli and Bela M Trivedi to hear transfer petitions involving matrimonial disputes and bail matters on Thursday.

    This is the third occasion in the history of the apex court that an all-women bench has been constituted. The two-judge bench is currently sitting in Court number 11 of the top court.

    The bench has 32 matters listed before it, starting with 10 transfer petitions involving matrimonial disputes and followed by 10 bail matters.

    The first all-women bench was set up in 2013 when a bench of Justices Gyan Sudha Misra and Ranjana Prakash Desai was constituted followed by a bench of Justices R Banumathi and Indira Banerjee in 2018.

    There are three women judges in the top court at present including Justice Kohli, B V Nagarathna, and Trivedi.

    Justice Nagarathna is also set to become first woman Chief Justice in 2027.

    The apex court currently has a strength of 27 judges including the CJI, against a sanctioned strength of 34.

    NEW DELHI: Chief Justice of India DY Chandrachud has constituted an all-women bench comprising Justices Hima Kohli and Bela M Trivedi to hear transfer petitions involving matrimonial disputes and bail matters on Thursday.

    This is the third occasion in the history of the apex court that an all-women bench has been constituted. The two-judge bench is currently sitting in Court number 11 of the top court.

    The bench has 32 matters listed before it, starting with 10 transfer petitions involving matrimonial disputes and followed by 10 bail matters.

    The first all-women bench was set up in 2013 when a bench of Justices Gyan Sudha Misra and Ranjana Prakash Desai was constituted followed by a bench of Justices R Banumathi and Indira Banerjee in 2018.

    There are three women judges in the top court at present including Justice Kohli, B V Nagarathna, and Trivedi.

    Justice Nagarathna is also set to become first woman Chief Justice in 2027.

    The apex court currently has a strength of 27 judges including the CJI, against a sanctioned strength of 34.

  • Essential to make process of litigation citizen-centric, technology must be augmented: CJI

    By PTI

    NEW DELHI: Chief Justice of India D Y Chandrachud on Saturday said technology must be augmented with institutional reforms to resolve issues of access to justice, and it is essential to simplify the litigation process and make it “citizen-centric.”

    He also said the judiciary has been adopting technology to improve the working of courts and it is of “supreme importance” that courts are remodelled to reach out to citizens instead of them reaching out to courts in their quest for justice.

    Speaking at the Constitution Day celebrations at the Supreme Court, the Chief Justice of India (CJI) said judges across the country must reflect upon the constitutional vision of securing justice, equality and liberty.

    He said it is important that the representation of marginalised communities and women in the legal profession and judiciary is increased.

    Justice Chandrachud also spoke about the e-initiatives — virtual justice clock, justIS mobile app 2.0, digital court and s3WaaS websites of district courts — that were launched by Prime Minister Narendra Modi during the function.

    In a nation as large and diverse as India, the “paramount challenge” the judiciary faces as an institution is to ensure that the justice delivery system is accessible to everyone, he said.

    “We have been adopting technology to improve the working of courts. It is of supreme importance and necessity that courts are remodelled to reach out to people instead of people reaching out to courts in their quest for justice,” the CJI said.

    “To ensure that courts reach out to people, it is essential that the process of litigation is simplified and made citizen-centric,” he said.ALSO READ | Centre doing everything possible to strengthen judicial system: Law Minister

    Justice Chandrachud said though the judiciary’s engagement with technology gained prevalence during the COVID-19 pandemic, “we must not dismantle the infrastructure but built upon it.”

    “I will earnestly request the chief justices of high courts to ensure that the technological infrastructure, on which public funds have been spent, is not dismantled but strengthened further,” he said.

    Justice Chandrachud said as the CJI, he is attempting to adopt technology-based services in the listing of cases and court hearings “so that institutional flaws such as delays in listing and hearing can be removed from our vocabulary.”

    “While technology has ably aided us in ensuring the functionality of the judiciary during the pandemic, technology must be augmented with institutional reforms to resolve the chief issue of access to justice,” he said.

    The CJI said the first interface of people with the judicial system is the district judiciary and it is of paramount importance that it is strengthened and supported.

    “The district judiciary must be lifted from the mindset of being a subordinate judiciary,” he said.

    Giving details of the e-initiatives launched by the prime minister, Justice Chandrachud said these initiatives reflect upon the commitment of the judiciary towards providing access to justice.

    “Our endeavour is to enhance access to justice. This must not be understood in narrow terms of enriching the experience of those who are already in possession of access but by reaching out to those groups and communities, that are denied basic rights,” he said.

    The CJI said the Supreme Court now functions in a hybrid mode which enables lawyers and parties in person to appear from different parts of the country.

    “Though the Supreme Court is located on Tilak Marg, the Supreme Court is a Supreme Court for the entire nation,” he said.

    He said the colonial and pre-colonial courts followed an approach of reluctance, disinclination and inaction in protecting the rights of citizens.

    “All judges across courts in India, ranging from district courts to the Supreme Court must reflect upon the constitutional vision of securing justice, equality and liberty,” he said.

    “There is a need for us to introspect on our actions and decisions and to question our own prejudices and preconceptions. For, until we open our minds to multiple views of persons with varied lived experiences, we would be lacking in our roles as judges,” the CJI said.

    He said an institution thrives with time only when it functions democratically and he believes that as the CJI, it is his responsibility to collaborate and consult judges at the apex court, judges of high courts, members of the district judiciary and stakeholders of the institution.

    “It is crucial that we tap the experience of the diverse sections of people who are part of the judiciary,” he said, adding, “That is why it is all the more important that the representation of marginalised communities and women in the legal profession and judiciary is enhanced.”

    On the e-initiatives, the CJI said the virtual justice clock is a platform where the information available through the National Judicial Data Grid is made available to the public.

    The justIS mobile app 2.0 is developed for judges of district courts and it is provided to judicial officers to monitor the pendency and disposal of his or her court at the handset 24X7, he said.

    Justice Chandrachud said the digital court is a green initiative of the Indian judiciary to make courts paperless or digital. He said through the digital court and s3WaaS initiatives, the websites of district courts are being upgraded to a platform which is secure, scalable and accessible.

    “I can assure everyone that the initiatives launched today are a part of a larger technological and institutional advancement of the Indian judiciary to ensure that even the most disadvantaged communities in the country do not stumble while reaching out to justice,” he said.

    The CJI appealed to youngsters to reflect on the social realities of India and work towards achieving fraternity by dedicating themselves to the cause of justice in whatever way possible.

    “Sometimes change happens by small acts of kindness. The heart and the soul of law, as it is administered in our courts, is our sense of compassion to our citizens,” he said.

    NEW DELHI: Chief Justice of India D Y Chandrachud on Saturday said technology must be augmented with institutional reforms to resolve issues of access to justice, and it is essential to simplify the litigation process and make it “citizen-centric.”

    He also said the judiciary has been adopting technology to improve the working of courts and it is of “supreme importance” that courts are remodelled to reach out to citizens instead of them reaching out to courts in their quest for justice.

    Speaking at the Constitution Day celebrations at the Supreme Court, the Chief Justice of India (CJI) said judges across the country must reflect upon the constitutional vision of securing justice, equality and liberty.

    He said it is important that the representation of marginalised communities and women in the legal profession and judiciary is increased.

    Justice Chandrachud also spoke about the e-initiatives — virtual justice clock, justIS mobile app 2.0, digital court and s3WaaS websites of district courts — that were launched by Prime Minister Narendra Modi during the function.

    In a nation as large and diverse as India, the “paramount challenge” the judiciary faces as an institution is to ensure that the justice delivery system is accessible to everyone, he said.

    “We have been adopting technology to improve the working of courts. It is of supreme importance and necessity that courts are remodelled to reach out to people instead of people reaching out to courts in their quest for justice,” the CJI said.

    “To ensure that courts reach out to people, it is essential that the process of litigation is simplified and made citizen-centric,” he said.ALSO READ | Centre doing everything possible to strengthen judicial system: Law Minister

    Justice Chandrachud said though the judiciary’s engagement with technology gained prevalence during the COVID-19 pandemic, “we must not dismantle the infrastructure but built upon it.”

    “I will earnestly request the chief justices of high courts to ensure that the technological infrastructure, on which public funds have been spent, is not dismantled but strengthened further,” he said.

    Justice Chandrachud said as the CJI, he is attempting to adopt technology-based services in the listing of cases and court hearings “so that institutional flaws such as delays in listing and hearing can be removed from our vocabulary.”

    “While technology has ably aided us in ensuring the functionality of the judiciary during the pandemic, technology must be augmented with institutional reforms to resolve the chief issue of access to justice,” he said.

    The CJI said the first interface of people with the judicial system is the district judiciary and it is of paramount importance that it is strengthened and supported.

    “The district judiciary must be lifted from the mindset of being a subordinate judiciary,” he said.

    Giving details of the e-initiatives launched by the prime minister, Justice Chandrachud said these initiatives reflect upon the commitment of the judiciary towards providing access to justice.

    “Our endeavour is to enhance access to justice. This must not be understood in narrow terms of enriching the experience of those who are already in possession of access but by reaching out to those groups and communities, that are denied basic rights,” he said.

    The CJI said the Supreme Court now functions in a hybrid mode which enables lawyers and parties in person to appear from different parts of the country.

    “Though the Supreme Court is located on Tilak Marg, the Supreme Court is a Supreme Court for the entire nation,” he said.

    He said the colonial and pre-colonial courts followed an approach of reluctance, disinclination and inaction in protecting the rights of citizens.

    “All judges across courts in India, ranging from district courts to the Supreme Court must reflect upon the constitutional vision of securing justice, equality and liberty,” he said.

    “There is a need for us to introspect on our actions and decisions and to question our own prejudices and preconceptions. For, until we open our minds to multiple views of persons with varied lived experiences, we would be lacking in our roles as judges,” the CJI said.

    He said an institution thrives with time only when it functions democratically and he believes that as the CJI, it is his responsibility to collaborate and consult judges at the apex court, judges of high courts, members of the district judiciary and stakeholders of the institution.

    “It is crucial that we tap the experience of the diverse sections of people who are part of the judiciary,” he said, adding, “That is why it is all the more important that the representation of marginalised communities and women in the legal profession and judiciary is enhanced.”

    On the e-initiatives, the CJI said the virtual justice clock is a platform where the information available through the National Judicial Data Grid is made available to the public.

    The justIS mobile app 2.0 is developed for judges of district courts and it is provided to judicial officers to monitor the pendency and disposal of his or her court at the handset 24X7, he said.

    Justice Chandrachud said the digital court is a green initiative of the Indian judiciary to make courts paperless or digital. He said through the digital court and s3WaaS initiatives, the websites of district courts are being upgraded to a platform which is secure, scalable and accessible.

    “I can assure everyone that the initiatives launched today are a part of a larger technological and institutional advancement of the Indian judiciary to ensure that even the most disadvantaged communities in the country do not stumble while reaching out to justice,” he said.

    The CJI appealed to youngsters to reflect on the social realities of India and work towards achieving fraternity by dedicating themselves to the cause of justice in whatever way possible.

    “Sometimes change happens by small acts of kindness. The heart and the soul of law, as it is administered in our courts, is our sense of compassion to our citizens,” he said.

  • Big shoes to fill after CJI Lalit; hope to continue his good work: Justice Chandrachud

    By PTI

    NEW DELHI: Supreme Court judge Justice DY Chandrachud, who will take oath as the 50th Chief Justice of India (CJI) on November 9, said on Monday that he has “very big-sized shoes to fill” as Justice UU Lalit’s successor and hoped to continue the “good work” initiated by him.

    CJI Lalit, who had a short tenure of 74 days as the head of the judiciary, is set to demit the office at the age of 65 years on November 8 which is a court holiday.

    Justice Chandrachud, while addressing the farewell function organised by the Supreme Court Bar Association (SCBA) for Justice Lalit, said the 49th CJI showed remarkable leadership and was committed to increasing access to justice during his tenure.

    CJI Lalit prioritised listing of important constitutional issues, decreased pendency and helped transform the image of the institution from a “colonial justice delivery system to a system where people have to be reached out to”, the senior-most apex court judge said.

    “Personally, as your successor, I am conscious that I have very big sized shoes to fill because you have really raised the bar for the chief justice,” Justice Chandrachud, who is the son of former CJI YV Chandrachud, said.

    Elevated as a judge of the Supreme Court on May 13, 2016, Justice Chandrachud will have a tenure of two years as the CJI and is due to retire on November 10, 2024.

    The event was attended by several dignitaries, including judges of the Supreme Court and Attorney General of India R Venkatramani.

    “We have seen how he (CJI Lalit) prioritised listing of important constitutional cases and how he ensured accessibility to these hearings for general public by live streaming them. (addressed issued concerning) listing process and improving transparency in registry and decreasing pendency. During my tenure, I hope to continue all the good work that CJI Lalit has begun,” Justice Chandrachud said.

    He emphasised that institutions strengthen when individuals work together and added that CJI Lalit “expanded the reach of the National Legal Services Authority” and “rolled the wheel in helping us transform the image of our institution from a colonial justice delivery system to a system where people have to be reached out to”.

    Justice Lalit became the second CJI to be directly elevated to the apex court bench from the Bar.

    Justice S M Sikri, who became the 13th CJI in January 1971, was the first lawyer to be elevated directly to the top court bench in March 1964.

    Justice Chandrachud said CJI Lalit, whose career is a reflection to public service, was collaborative and consultative with other judges on the bench and was above all, compassionate.

    His tenure as a judge and CJI was marked with a close collaboration with the Bar and “that sense of stability” must continue to remain, which would be my endeavour as well, he said.

    Justice Lalit was a senior advocate and was appointed a special public prosecutor for the CBI to conduct the trial in the 2G spectrum allocation case before being appointed a judge of the apex court on August 13, 2014.

    SCBA president senior advocate Vikas Singh said although CJI Lalit “unfortunately had a very short tenure”, he addressed issues raised by the Bar, including listing of cases and “(these) 74 days are a testimony of all that has been done”.

    “The kind of humbleness that he talked to lawyer”there was so much respect shown to junior-most members of the Bar. It was so humbling,” the senior lawyer said.

    In his address, Justice Chandrachud stated that while appointment to the Supreme Court is an honour, “it can also be daunting for judges coming from the high courts” as the top court “has its own work rhythm” and deals with a variety of laws and he “came to grips with criminal law” while sitting with the outgoing CJI.

    He also said that one does not accept judgeship for monetary requirements or the perquisites as they are all “in vain” if one is not true to the “call of consciousness which leads to these offices”.

    Justice Chandrachud said that CJI Lalit’s demeanour was an example on how “we can remain calm even in the most stressful of solutions”, which “reflected his temperament—  a yearning to reach out to unheard voices”.

    “As a chief, despite the limitation on time, he has been kind enough to hear every one, take multiple steps to provide solutions while prioritising consultation and deliberation,” Justice Chandrachud said.

    He also shared his exchange with CJI Lalit on the latter’s conversation with a former CJI on how a judge should read a brief, which “left a deep imprint on his mind”.

    The purpose of a judge reading a brief is to “meet the lawyer” intellectually and not to “beat the lawyer” by way of aggression in court, he shared.

    During the event, SCBA vice-president Pradeep Rai also responded to Union Law Minister Kiren Rijiju’s recent statement on the present Supreme Court collegium system for appointment of judges being “opaque”, saying the “Bar cannot remain silent”.

    Rai asserted that the “collegium system is working absolutely nicely” and said “he (law minister) is a political person (but) judges do not have the medium to say something or make a statement”.

    NEW DELHI: Supreme Court judge Justice DY Chandrachud, who will take oath as the 50th Chief Justice of India (CJI) on November 9, said on Monday that he has “very big-sized shoes to fill” as Justice UU Lalit’s successor and hoped to continue the “good work” initiated by him.

    CJI Lalit, who had a short tenure of 74 days as the head of the judiciary, is set to demit the office at the age of 65 years on November 8 which is a court holiday.

    Justice Chandrachud, while addressing the farewell function organised by the Supreme Court Bar Association (SCBA) for Justice Lalit, said the 49th CJI showed remarkable leadership and was committed to increasing access to justice during his tenure.

    CJI Lalit prioritised listing of important constitutional issues, decreased pendency and helped transform the image of the institution from a “colonial justice delivery system to a system where people have to be reached out to”, the senior-most apex court judge said.

    “Personally, as your successor, I am conscious that I have very big sized shoes to fill because you have really raised the bar for the chief justice,” Justice Chandrachud, who is the son of former CJI YV Chandrachud, said.

    Elevated as a judge of the Supreme Court on May 13, 2016, Justice Chandrachud will have a tenure of two years as the CJI and is due to retire on November 10, 2024.

    The event was attended by several dignitaries, including judges of the Supreme Court and Attorney General of India R Venkatramani.

    “We have seen how he (CJI Lalit) prioritised listing of important constitutional cases and how he ensured accessibility to these hearings for general public by live streaming them. (addressed issued concerning) listing process and improving transparency in registry and decreasing pendency. During my tenure, I hope to continue all the good work that CJI Lalit has begun,” Justice Chandrachud said.

    He emphasised that institutions strengthen when individuals work together and added that CJI Lalit “expanded the reach of the National Legal Services Authority” and “rolled the wheel in helping us transform the image of our institution from a colonial justice delivery system to a system where people have to be reached out to”.

    Justice Lalit became the second CJI to be directly elevated to the apex court bench from the Bar.

    Justice S M Sikri, who became the 13th CJI in January 1971, was the first lawyer to be elevated directly to the top court bench in March 1964.

    Justice Chandrachud said CJI Lalit, whose career is a reflection to public service, was collaborative and consultative with other judges on the bench and was above all, compassionate.

    His tenure as a judge and CJI was marked with a close collaboration with the Bar and “that sense of stability” must continue to remain, which would be my endeavour as well, he said.

    Justice Lalit was a senior advocate and was appointed a special public prosecutor for the CBI to conduct the trial in the 2G spectrum allocation case before being appointed a judge of the apex court on August 13, 2014.

    SCBA president senior advocate Vikas Singh said although CJI Lalit “unfortunately had a very short tenure”, he addressed issues raised by the Bar, including listing of cases and “(these) 74 days are a testimony of all that has been done”.

    “The kind of humbleness that he talked to lawyer”there was so much respect shown to junior-most members of the Bar. It was so humbling,” the senior lawyer said.

    In his address, Justice Chandrachud stated that while appointment to the Supreme Court is an honour, “it can also be daunting for judges coming from the high courts” as the top court “has its own work rhythm” and deals with a variety of laws and he “came to grips with criminal law” while sitting with the outgoing CJI.

    He also said that one does not accept judgeship for monetary requirements or the perquisites as they are all “in vain” if one is not true to the “call of consciousness which leads to these offices”.

    Justice Chandrachud said that CJI Lalit’s demeanour was an example on how “we can remain calm even in the most stressful of solutions”, which “reflected his temperament—  a yearning to reach out to unheard voices”.

    “As a chief, despite the limitation on time, he has been kind enough to hear every one, take multiple steps to provide solutions while prioritising consultation and deliberation,” Justice Chandrachud said.

    He also shared his exchange with CJI Lalit on the latter’s conversation with a former CJI on how a judge should read a brief, which “left a deep imprint on his mind”.

    The purpose of a judge reading a brief is to “meet the lawyer” intellectually and not to “beat the lawyer” by way of aggression in court, he shared.

    During the event, SCBA vice-president Pradeep Rai also responded to Union Law Minister Kiren Rijiju’s recent statement on the present Supreme Court collegium system for appointment of judges being “opaque”, saying the “Bar cannot remain silent”.

    Rai asserted that the “collegium system is working absolutely nicely” and said “he (law minister) is a political person (but) judges do not have the medium to say something or make a statement”.

  • SC shifts Constitution bench hearing on Delhi-Centre row over services to Nov 24

    By PTI

    NEW DELHI: The Supreme Court on Wednesday postponed the hearing of its five-judge Constitution bench on the legal issue concerning the scope of legislative and executive powers of the Centre and Delhi government over control of services in the national capital.

    A bench of Justices DY Chandrachud and Hima Kohli shifted the hearing on the request of Solicitor General Tushar Mehta, appearing for the Centre, and said that he will be unavailable on November 9 due to an official trip abroad.

    The bench then posted the matter for further hearing on November 24. On September 27, the top court had said that a Constitution bench headed by Justice Chandrachud would commence hearing the matter from November 9 on a day-to-day basis.

    Other members of the five-judge bench are Justices M R Shah, Krishna Murari, Hima Kohli and P S Narasimha.

    Earlier, the apex court on August 22 had said that a Constitution bench headed by Justice Chandrachud has been set up to hear the legal issue concerning the scope of legislative and executive powers of the Centre and National Capital Territory government over control of services in Delhi.

    On May 6, the top court had referred to the Constitution bench the issue of control of services in Delhi.

    The apex court had said the limited issue of control over services was not dealt with by the Constitution bench which elaborately dealt with all legal questions.

    NEW DELHI: The Supreme Court on Wednesday postponed the hearing of its five-judge Constitution bench on the legal issue concerning the scope of legislative and executive powers of the Centre and Delhi government over control of services in the national capital.

    A bench of Justices DY Chandrachud and Hima Kohli shifted the hearing on the request of Solicitor General Tushar Mehta, appearing for the Centre, and said that he will be unavailable on November 9 due to an official trip abroad.

    The bench then posted the matter for further hearing on November 24. On September 27, the top court had said that a Constitution bench headed by Justice Chandrachud would commence hearing the matter from November 9 on a day-to-day basis.

    Other members of the five-judge bench are Justices M R Shah, Krishna Murari, Hima Kohli and P S Narasimha.

    Earlier, the apex court on August 22 had said that a Constitution bench headed by Justice Chandrachud has been set up to hear the legal issue concerning the scope of legislative and executive powers of the Centre and National Capital Territory government over control of services in Delhi.

    On May 6, the top court had referred to the Constitution bench the issue of control of services in Delhi.

    The apex court had said the limited issue of control over services was not dealt with by the Constitution bench which elaborately dealt with all legal questions.

  • Justice DY Chandrachud is new chairperson of National Legal Services Authority

    By Online Desk

    The President of India Draupadi Murmu has nominated Supreme Court judge Justice DY Chandrachud as the next executive chairperson of the National Legal Services Authority (NALSA), the Law Ministry said in a notification.

    Justice Chandrachud takes up the position that became vacant after Justice U.U. Lalit was elevated as the 49th Chief Justice of India

    The NALSA has been constituted under the Legal Services Authorities Act, 1987 to provide free Legal Services to the weaker sections of the society.

    Supreme Court judge, Justice DY Chandrachud was the former Chief Justice of the Allahabad High Court and a former judge of Bombay High Court.

    According to the Bar and Bench, After CJI Lalit’s retirement, Justice Chandrachud will take over as the 50th Chief Justice of India from November 2022.

    The President of India Draupadi Murmu has nominated Supreme Court judge Justice DY Chandrachud as the next executive chairperson of the National Legal Services Authority (NALSA), the Law Ministry said in a notification.

    Justice Chandrachud takes up the position that became vacant after Justice U.U. Lalit was elevated as the 49th Chief Justice of India

    The NALSA has been constituted under the Legal Services Authorities Act, 1987 to provide free Legal Services to the weaker sections of the society.

    Supreme Court judge, Justice DY Chandrachud was the former Chief Justice of the Allahabad High Court and a former judge of Bombay High Court.

    According to the Bar and Bench, After CJI Lalit’s retirement, Justice Chandrachud will take over as the 50th Chief Justice of India from November 2022.

  • SC overturns Delhi HC order, allows unmarried woman to terminate pregnancy at 24 weeks

    By PTI

    NEW DELHI: In a significant order, the Supreme Court on Thursday ruled that a woman cannot be denied an opportunity to terminate her pregnancy just because she is unmarried, reports said.

    The court passed an ad-interim order to allow an unmarried woman to abort her pregnancy of 24 weeks arising out of a live-in relationship, subject to a medical board constituted by the AIIMS Delhi concluding that the foetus can be aborted without risk to the life of the woman, Live Law reports.

    The court was reportedly hearing a plea by a 25-year-old unmarried woman, who questioned the Delhi High Court’s July 16 order declining her request to terminate her 24-week foetus in view of her consensual relationship.

    A bench led by Justices DY Chandrachud observed that the Delhi High Court took an “unduly restrictive” view of the provisions of the Medical Termination of Pregnancy (MTP) Rules while declining the woman interim relief.

    Noting that after the 2021 amendment, the Medical Termination of Pregnancy Act uses the word “partner” instead of “husband” in the explanation to Section 3, the Court said that this shows the legislative intent to cover “unmarried woman” under the Act.

    According to the PTI, the bench also comprising Justices Surya Kant, and AS Bopanna directed the AIIMS director to set up a medical board of two doctors to examine the woman by Friday under the provisions of the MTP Act. It asked the board to determine whether the pregnancy if terminated could risk the life of the woman or not.

    “We request the AIIMS director to constitute a medical board in terms of provisions of section 3(2)(d) MTP Act by tomorrow (Friday). In the event the medical board concludes that the foetus can be aborted without any danger to the life of the petitioner (woman), the AIIMS shall carry out the abortion in terms of the petition,” the bench said.

    The top court sought the report of the medical board within one week of the procedure and said that the order of the Delhi High Court stands modified to the above extent.

    The top court said that the woman who was in a consensual relationship in the month of June had come to know about her pregnancy and during the examination, it was found that she was 22 weeks pregnant and she decided to terminate the pregnancy.

    The Delhi high court had denied the permission to abort saying that it virtually amounts to killing the foetus.

    In an order issued on July 16, a Delhi HC bench refused to grant permission to the woman to abort the 23-week foetus, saying it is not permitted under the abortion law after 20 weeks for pregnancy arising out of a consensual relationship.

    The high court, however, sought the Centre’s response on the woman’s contention that the exclusion of unmarried women from being allowed to undergo medical termination of pregnancy up to 24 weeks, was discriminatory.

    The petitioner, a 25-year-old woman, had told the court that her partner, with whom she was in a consensual relationship, had refused to marry her.

    She had stressed that giving birth outside the wedlock would cause her psychological agony as well as social stigma and she was not mentally prepared to be a mother.

    The high court, while dealing with the plea, had said the court cannot go beyond the statute while exercising its power under Article 226 of the Constitution.

    ALSO READ | Govt notifies new rules for allowing abortion till 24 weeks of pregnancy for certain categories of women

    “The petitioner, who is an unmarried woman and whose pregnancy arises out of a consensual relationship, is clearly not covered by any of the clauses under the Medical Termination of Pregnancy Rules, 2003,” the high court noted in its order dated July 15.

    “As of today, Rule 3B of the Medical Termination of Pregnancy Rules, 2003 (which excludes unmarried women) stands, and this court, while exercising its power under Article 226 of the Constitution of India, 1950, cannot go beyond the statute,” it had said.

    Before passing the order, the high court had suggested that the petitioner can be kept “somewhere safe” until she delivers the child who can subsequently be given up for adoption.

    “We will ensure that the girl is kept somewhere safe and she can deliver and go. There is a big queue for adoption,” the court had said.

    After the lawyer turned down the court’s suggestion, it said that it would pass an order on the petition.

    NEW DELHI: In a significant order, the Supreme Court on Thursday ruled that a woman cannot be denied an opportunity to terminate her pregnancy just because she is unmarried, reports said.

    The court passed an ad-interim order to allow an unmarried woman to abort her pregnancy of 24 weeks arising out of a live-in relationship, subject to a medical board constituted by the AIIMS Delhi concluding that the foetus can be aborted without risk to the life of the woman, Live Law reports.

    The court was reportedly hearing a plea by a 25-year-old unmarried woman, who questioned the Delhi High Court’s July 16 order declining her request to terminate her 24-week foetus in view of her consensual relationship.

    A bench led by Justices DY Chandrachud observed that the Delhi High Court took an “unduly restrictive” view of the provisions of the Medical Termination of Pregnancy (MTP) Rules while declining the woman interim relief.

    Noting that after the 2021 amendment, the Medical Termination of Pregnancy Act uses the word “partner” instead of “husband” in the explanation to Section 3, the Court said that this shows the legislative intent to cover “unmarried woman” under the Act.

    According to the PTI, the bench also comprising Justices Surya Kant, and AS Bopanna directed the AIIMS director to set up a medical board of two doctors to examine the woman by Friday under the provisions of the MTP Act. It asked the board to determine whether the pregnancy if terminated could risk the life of the woman or not.

    “We request the AIIMS director to constitute a medical board in terms of provisions of section 3(2)(d) MTP Act by tomorrow (Friday). In the event the medical board concludes that the foetus can be aborted without any danger to the life of the petitioner (woman), the AIIMS shall carry out the abortion in terms of the petition,” the bench said.

    The top court sought the report of the medical board within one week of the procedure and said that the order of the Delhi High Court stands modified to the above extent.

    The top court said that the woman who was in a consensual relationship in the month of June had come to know about her pregnancy and during the examination, it was found that she was 22 weeks pregnant and she decided to terminate the pregnancy.

    The Delhi high court had denied the permission to abort saying that it virtually amounts to killing the foetus.

    In an order issued on July 16, a Delhi HC bench refused to grant permission to the woman to abort the 23-week foetus, saying it is not permitted under the abortion law after 20 weeks for pregnancy arising out of a consensual relationship.

    The high court, however, sought the Centre’s response on the woman’s contention that the exclusion of unmarried women from being allowed to undergo medical termination of pregnancy up to 24 weeks, was discriminatory.

    The petitioner, a 25-year-old woman, had told the court that her partner, with whom she was in a consensual relationship, had refused to marry her.

    She had stressed that giving birth outside the wedlock would cause her psychological agony as well as social stigma and she was not mentally prepared to be a mother.

    The high court, while dealing with the plea, had said the court cannot go beyond the statute while exercising its power under Article 226 of the Constitution.

    ALSO READ | Govt notifies new rules for allowing abortion till 24 weeks of pregnancy for certain categories of women

    “The petitioner, who is an unmarried woman and whose pregnancy arises out of a consensual relationship, is clearly not covered by any of the clauses under the Medical Termination of Pregnancy Rules, 2003,” the high court noted in its order dated July 15.

    “As of today, Rule 3B of the Medical Termination of Pregnancy Rules, 2003 (which excludes unmarried women) stands, and this court, while exercising its power under Article 226 of the Constitution of India, 1950, cannot go beyond the statute,” it had said.

    Before passing the order, the high court had suggested that the petitioner can be kept “somewhere safe” until she delivers the child who can subsequently be given up for adoption.

    “We will ensure that the girl is kept somewhere safe and she can deliver and go. There is a big queue for adoption,” the court had said.

    After the lawyer turned down the court’s suggestion, it said that it would pass an order on the petition.