National News Legal
Prostitution not a criminal offence, woman has right to choose her profession: Bombay HC
Bombay High Court (Photo by: DNA)
A Bombay High Court judge Prithviraj Chavan said that prostitution wasn’t a criminal offence and an adult woman had a right to choose her profession. Chavan said the same on Sunday during while ordering the administration to immediately release of three women sex workers who were detained after a raid at a corrective institution in Mumbai.
Chavan said prostitution wasn’t considered a criminal offence under the Immoral Traffic (Prevention) Act, 1956. The court also held that since the three women were not being prosecuted the under the law, no detention was needed.
The High Court held that since the women were not being prosecuted under the law, there was no question of continuing their detention at the correctional home.
High Court said, Even otherwise, the Immoral Traffic (Prevention) Act, 1956 does not empower the Magistrate to hold the custody of the victims beyond the period of three weeks without there being any final order to that effect after following due process of law.
Chavan further said that as there was no proof of the women were seducing anyone for the purpose of prostitution or running a brothel.
The Court said, There is no provision under the law, which makes prostitution per se a criminal offence or punishes a person because he indulges in prostitution.
It added, What is punishable under the Act is sexual exploitation or abuse of a person for commercial purpose and to earn the bread thereby. And where a person is carrying on prostitution in a public place or when a person is found soliciting or seducing another person as defined under the Act.
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Legal
Karnataka High Court says wearing hijab non-essential practice in Islam; upholds ban
Representational image
The Karnataka High Court on Tuesday upheld hijab ban by dismissing petitions filed by a section of Muslim students from the Government Pre-University Girls College in Udupi seeking permission to wear hijab inside classrooms.
The court upheld the state government ban by saying, The prescription of school uniforms is a reasonable restriction.
The court further said hijab was not an essential religious practice in Islam. However, the petitioners are likely to challenge the ban in the Supreme Court.
“Met my clients in Hijab matter in Udupi. Moving to SC soon In sha Allah. These girls will In sha Allah continue their education while exercising their rights to wear Hijab. These girls have not lost hope in Courts and Constitution,” lawyer Anas Tanwir wrote in a tweet.
The court was answering three key questions on the controversy namely:
1. Whether wearing hijab is an essential religious practice in Islamic faith protected under Article 25?
2. Whether prescription of school uniform is violative of rights
3. Whether government order on February 5 was issued without application of mind and manifestly arbitrary?
A three judge bench comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit and Justice JM Khazi delivered their verdict on the ongoing hijab controversy at 10.30 am today.
Ahead of the hijab row verdict, Section 144 was imposed in Bangalore and educational institutions remained closed.
Legal
SC grants bail to Rajiv Gandhi’s assassination convict AG Perarivalan jailed for 32 years
Rajiv Gandhi
The Supreme Court, on Wednesday afternoon, granted bail to AG Perarivala, one of the seven convicts in former Prime Minister Rajiv Gandhi assassination case.
However, the remission of his life imprisonment is pending before the President of India. AG Perarivala was serving life sentence and was jailed for almost 32 years.
Granting him bail, the court, in its order, said: Since Perarivalan has already undergone sentence for more than 30 years, we are of the considered view that he is entitled to bail in spite of the vehement opposition by the Additional Solicitor General Additional KM Nataraj.
Legal
Supreme Court to allow journalists inside courtrooms for physical hearing of cases
The Supreme Court of India, on Thursday, October 21, resumed hearing of cases and pleas in the physical mode for the first time since March 2020, when the COVID-19 pandemic broke out in India.
The Supreme Court has recently issued new SoPs for hybrid hearings as per which all cases on Wednesdays and Thursdays to be heard only in the physical presence of the counsels/parties in courtrooms.
Along with this, SC also decided to allow media persons inside the courtroom during the physical hearings. However, journalists would have to strictly adhere to COVID-19 related norms and protocols.
?With the physical hearing in the Supreme Court of India commencing tomorrow (Thursday, 21 October 2021), it has been decided to allow the media persons, subject to usual COVID restrictions, into the courtrooms for covering the proceedings,” said the top court in a press note.
Supreme Court heard cases through video conference since March last year due to the pandemic and several bar bodies and lawyers demanded that the physical hearings should be resumed immediately.
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