When Unity is moto of our Scripture, why dispute about names ?!?

our constitution of India is dedicated to the fundamental privilege of Equality and Holy Scripture of Upanisad उपनिषद also emphasize on the broad principles of Equality of each matters in the universe as that is one and only one, procuring and performing in different manners..! The aforesaid slok verse of Upanisad उपनिषद clearly says this gold ancient truth that science has also proved now. Yet some foolish selfish elements are fighting for Names, that is to say Bharat भारत instead of India ?!?

Truth & indeed the Truth

If no response by dialing 100 or any other such emergency helpline numbers, the Court is the best recourse now..

The High Court of Delhi recently on 10th May 2016, issued notices to the Centre, Delhi government and Lieutenant Governor Najeeb Jung, seeking explanation over the malfunctioning of Delhi Police’s helpline number 100. “It is a serious issue. ‘Dial 100’ is meant for public and if it is not answered in emergency, what more we can expect?” a bench comprising Chief Justice G. Rohini and Justice Jayant Nath was quoted as saying and adding further as follows too, "If there was no answer to a call made by a judge, what would happen when a common man dials it in emergency", said the the Delhi High Court today while expressing concern over the "poor" response on the police emergency helpline number, '100'." It seems that If no response is made now by dialing 100 or any other such emergency helpline numbers, the Court is the best recourse now, as happened even suo moto in aforesaid case of Delhi High Court..

"Capitation Fee is illegal and just not permissible. " : SC while defining obligation of the State in respect of Admission of Students on merits

While adjudicating CIVIL APPEAL NO. 4060 OF 2009 between appellants MODERN DENTAL COLLEGE AND RESEARCH CENTRE & ORS. ...VERSUS...respondents STATE OF MADHYA PRADESH & ORS, the Supreme Court of India has considered Capitation Fee not only illegal but also not permissible in the eyes of laws and emphatically redefined the liability of the State in respect of regulating admissions of the students on merits recently and observed as follows that: "I have no hesitation in upholding the vires of the impugned legislation which empowers the state government to regulate admission process in institutions imparting higher education within the state. In fact, the State being responsible for welfare and development of the people of the State, ought to take necessary steps for welfare of its student community. The field of ‘higher education’ being one such field which directly affects the growth and development of the state, it becomes prerogative of the State to take such steps which further the welfare of the people and in particular pursuing higher education. In fact, the State Government should be the sole entity to lay down the procedure for admission and fee etc. governing the institutions running in that particular state except the centrally funded institutions like IIT, NIT etc. because no one can be a better judge of the requirements and inequalities-in-opportunity of the people of a particular state than that state itself. Only the State legislation can create equal level playing field for the students who are coming out from the State Board and other streams. Merit is the cumulative assessment of worth of any individual based on different screening methods. Ideally, there should be one common entrance test conducted by the State both for government colleges and for private unaided educational institutions to ensure efficacy, fairness and public confidence. If private unaided educational institutions are given unfettered right to devise their own admission procedure and fee structure, it would lead to situation where it would impinge upon the “right to equality” of the students who aspire to take admissions in such educational institutions. Common Entrance Test by State or its agency will ensure equal opportunity to all meritorious and suitable candidates and meritorious candidates can be identified for being allotted to different institutions depending on the courses of study, the number of seats and other relevant factors. This would ensure twin objects:- (i) fairness and transparency and (ii) merit apart from preventing mal-administration. Thus, having regard to the larger interest and welfare of the student community to promote merit and achieve excellence and curb mal-practices, it would be permissible for the State to regulate admissions by providing a centralized and single window procedure. Maintenance and improvement of public health and to provide health care and medical services is the constitutional obligation of the State. To discharge this constitutional obligation, the State must have the doctors with professional excellence and commitment who are ready to give medical advice and services to the public at large. State can satisfactorily discharge its constitutional obligation only when the aspiring students enter into the profession based on merit. Fundamental Rights of private unaided professional colleges must yield to public interest and rights of the students at large: Right to be treated fairly and to get admission through a non-arbitrary, nondiscriminatory, fair and transparent procedure is a fundamental right of the students under Article 14. Any law which creates an artificial classification between private unaided institutions and other institutions and creates a disparity in the matter of admission whereby a meritorious student could be denied admission to pursue higher education in a private unaided institution solely because such institution has an unfettered right to choose its own students without following a uniform and transparent admission procedure would be violative of the rights of the aspiring students guaranteed under Article 14. Right of the students to admission in private unaided medical colleges is a right of equality in opportunity. Capitation fee cannot be permitted to be charged and no seat can be permitted to be appropriated by payment of capitation fee. “Profession” has to be distinguished from “business” or a mere “occupation”. While in business, and to a certain extent in occupation, there is a profit motive, profession is primarily a service to society wherein earning is secondary or incidental. A student who gets a professional degree by payment of capitation fee, once qualified as a professional, is likely to aim more at earning rather than serving and that becomes a bane to society. The charging of capitation fee by unaided minority and non-minority institutions for professional courses is just not permissible".

Would it not be a discrimination by conferring different forums in different states for trials of certain same Offences under IPC ??

Why does there exist typical difference in respect of forum for trial of certain offences like those under sections 326, 409, 466, 467, 468, 471, 472, 473, 475, 476, 477 and 477A etc.in IPC from State to State ?? Can it be justified in Laws ? Would it not be a discrimination by conferring different forums in different states for trials of certain same Offences under IPC ?? For Instance, The Code of Criminal Procedure (Madhya Pradesh Amendment) Act, 2007, came into force with effect from 22nd February 2008. The amendment interalia changed the forum for the trial of offences punishable under sections 317, 318, 326, 363, 363-A, 365, 377, 392, .393, 394, 409, 435, 466, 467, 468, 471, 472, 473, 475, 476, 477 and 477A, from that of a Court of Magistrate of First Class to that of a Court of Sessions. Whereas offences punishable under Sections 326, 409, 466, 467, 468, 471, 472, 473, 475, 476, 477 and 477A etc. are triable by Courts of The Magistrate in Gujarat and other states of India !

The Mask of Immunity

Who is entitled to the Mask of Immunity in this world ? Whether the foxes or the innocent persons ??? The answer if very simply in my views. The Mask of Immunity must for the Weak and not for the Jackals who are leading and chasing for their own gains. Are those able Leaders ever entitled to any mask of Immunity, when they chase all for their own personal gains and goals ? Are those immune Judges ever entitled to any such mask of Immunity, when they enjoy the power without knowing even lines of laws and spirit of Justice ? Are those able celebrities ever entitled to any such Mask of Immunity, when they can buy and enjoy all amenities at the strength of their money and muscles ? Aren't those weak and poor people ever entitled to any Mask of Immunity, when they neither even enjoy peace nor a single piece of bread and butter in a day breading? Think well before re-organizing our social frame...and Think well again to consider whether providing any such Mask of Immunity to the unqualified persons are not legal and social discriminating activities ? KARTIKEY SHROFF Advocate (Gujarat High Court)

Are our survey for competitive purpose only? Why the concerned public officers are not made responsible

There are lots of government as well as global survey, made every day and put in public to appreciate or degrade someone somewhere.. The vital question is that whether such survey made at the costs of the public money are simply made for 

Competitive purposes only ??! Why the concerned public servants or authorities or even states are not made responsible for any poor performing or results..??? I believe that mere statistics never improve the outcome but all who are truly liable to look after should also be responsible proportionately in the eyes of natural justice to incur the concurrent responsibilities along with credits there with.

Recently so called #vibrant state of GUJARAT has been declared as one of the top most ten sick state of India as per a global survey wherein 42 % children are still suffering from lack of proper nourishment !!!

Are not the State authorities truly responsible for such a poor outcome ??!is not it a direct neglect of the state to take care of its children through public earth programs ???

www.kartikey.com

Justice to Meritorious Students asking for Medical Admission by Gujarat High Court

Justice to Meritorious Students by Gujarat High Court ::: In a setback to the state government of Gujarat, The division bench of Gujarat High Court on Monday quashed the new rule introduced earlier this year, giving 100% preference in admissions of medical students on NRI quota of Gujarat. The Gujarat High Court​ termed this new Rule as unconstitutional and ultimately quashed in a Public Interest Litigation (PIL) challenging the new law citing injustice to meritorious students from other states - See more at: http://indianexpress.com/article/india/gujarat/hc-quashes-new-law-in-medical-admission-on-nri-quota/#sthash.YSFwIHEC.dpuf

Landmark Observation of SC on Evidence Value of Radio-logical Examination in determination of Age

In the matters of Ramdeo Chauhan alias Raj Nath v. State of Assam, the Hon'ble Apex Court has made certain landmark observations in respect of evidence value of radi0-logical examination in determination of age of an victim, such that "The statement of the doctor is no more than an opinion, the court has to base its conclusions upon all the facts and circumstances disclosed on examining of the physical features of the person whose age is in question, in conjunction with such oral testimony as may be available. An X-ray ossification test may provide a surer basis for determining the age of an individual than the opinion of a medical expert but it can by no means be so infallible and accurate a test as to indicate the exact date of birth of the person concerned. Too much of reliance cannot be placed upon textbooks, on medical jurisprudence and toxicology while determining the age of an accused. In this vast country with varied latitudes, heights, environment, vegetation and nutrition, the height and weight cannot be expected to be uniform"

SC: "No Technicality can stand in the way of Justice being done."

"When this Court as the protector of the life of the persons under the Constitution has come to take note of a situation where a procedure established by law has not been followed while depriving the life of a person, no technicality shall stand in the way of justice being done. After all, law is for man and law is never helpless and the Court particularly the repository of such high constitutional powers like Supreme Court shall not be rendered powerless." the Hon'ble Supreme Court of India had observed while disposing of Writ Petition (Criminal) : 129 of 2015 in the matters of Yakub Menon Case recently on dt.28th July 2015

Directions issued by Supreme Court with a stricture that "Sec:498-A used as weapons rather than Shield"

While granting Anticipatory Bail in the matters of CRIMINAL APPEAL NO. 1277 OF 2014 moved by Appellant husband Arneshkumar, Supreme Court of India has awfully criticized about the misuse of the provisions of Section-498-A of IPC against Husband and his relatives and observed that "There is phenomenal increase in matrimonial disputes in recent years. The institution of marriage is greatly revered in this country. Section 498-A of the IPC was introduced with avowed object to combat the menace of harassment to a woman at the hands of her husband and his relatives. The fact that Section 498-A is a cognizable and non-bailable offence has lent it a dubious place of pride amongst the provisions that are used as weapons rather than shield by disgruntled wives. The simplest way to harass is to get the husband and his relatives arrested under this provision. In Number of cases bed-ridden grand-fathers and grand-mothers of the husbands, their sisters living abroad for decades are arrested. “Crime in India 2012 Statistics” published by National Crime Records Bureau, Ministry of Home Affairs shows arrest of 1,97,762 persons all over India during the year 2012 for offence under Section 498-A of the IPC, 9.4% more than the year 2011. Nearly a quarter of those arrested under this provision in 2012 were women i.e. 47,951 which depicts that mothers and sisters of the husbands were liberally included in their arrest net. Its share is 6% out of the total persons arrested under the crimes committed under Indian Penal Code.It accounts for 4.5% of total crimes committed under different sections of penal code, more than any other crimes excepting theft and hurt. The rate of charge-sheeting in cases under Section 498A, IPC is as high as 93.6%, while the conviction rate is only 15%, which is lowest across all heads. As many as 3,72,706 cases are pending trial of which on current estimate, nearly 3,17,000 are likely to result in acquittal"

The Hon'ble Apex Court also criticized about the conduct of the police observing further such as that "Arrest brings humiliation, curtails freedom and cast scars forever. Law makers know it so also the police. There is a battle between the law makers and the police and it seems that police has not learnt its lesson; the lesson implicit and embodied in the Cr.PC. It has not come out of its colonial image despite six decades of independence, it is largely considered as a tool of harassment, oppression and surely not considered a friend of public. The need for caution in exercising the drastic power of arrest has been emphasized time and again by Courts but has not yielded desired result. Power to arrest greatly contributes to its arrogance so also the failure of the Magistracy to check it. Not only this, the power of arrest is one of the lucrative sources of police corruption.The attitude to arrest first and then proceed with the rest is despicable. It has become a handy tool to the police officers who lack sensitivity or act with oblique motive."

"Law Commissions, Police Commissions and this Court in a large number of judgments emphasized the need to maintain a balance between individual liberty and societal order while exercising the power of arrest. Police officers make arrest as they believe that they possess the power to do so. As the arrest curtails freedom, brings humiliation and casts scars forever, we feel differently. We believe that no arrest should be made only because the offence is non-bailable and cognizable and therefore, lawful for the police officers to do so. The existence of the power to arrest is one thing, the justification for the exercise of it is quite another.Apart from power to arrest, the police officers must be able to justify the reasons thereof. No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person.It would be prudent and wise for a police officer that no arrest is made without a reasonable satisfaction reached after some investigation as to the genuineness of the allegation. Despite this legal position, the Legislature did not find any improvement. Numbers of arrest have not decreased.Ultimately, the Parliament had to intervene and on the recommendation of the 177th Report of the Law Commission submitted in the year 2001, Section 41 of the Code of Criminal Procedure (for short ‘Cr.PC), in the present form came to be enacted. It is interesting to note that such a recommendation was made by the Law Commission in its 152nd and 154th Report submitted as back in the year 1994. The value of the proportionality permeates the amendment relating to arrest.

SC further emphasized that" Law mandates the police officer to state the facts and record the reasons in writing which led him to come to a conclusion covered by any of the provisions aforesaid, while making such arrest. Law further requires the police officers to record the reasons in writing for not making the arrest. In pith and core, the police office before arrest must put a question to himself, why arrest? Is it really required? What purpose it will serve? What object it will achieve? It is only after these questions are addressed and one or the other conditions as enumerated above is satisfied, the power of arrest needs to be exercised."

The Hon'ble Supreme court further added in respect of judicial function of the magistrate that " In exercise of power under Section 167 Cr.PC. The power to authorize detention is a very solemn function. It affects the liberty and freedom of citizens and needs to be exercised with great care and caution. Our experience tells us that it is not exercised with the seriousness it deserves. In many of the cases, detention is authorized in a routine, casual and cavalier manner. Before a Magistrate authorzses detention under Section 167, Cr.PC, he has to be first satisfied that the arrest made is legal and in accordance with law and all the constitutional rights of the person arrested is satisfied. If the arrest effected by the police officer does not satisfy the requirements of Section 41 of the Code, Magistrate is duty bound not to authorise his further detention and release the accused..."

At last the Hob'ble Apex Court finally issued an awful direction that-"Our endeavour in this judgment is to ensure that police officers do not arrest accused unnecessarily and Magistrate do not authorise detention casually and mechanically. In order to ensure what we have observed above, we give the following direction:

(1) All the State Governments to instruct its police officers not to automatically arrest when a case under Section 498-A of the IPC is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from Section 41, Cr.PC;

(2) All police officers be provided with a check list containing specified sub-clauses under Section 41(1)(b)(ii);

(3) The police officer shall forward the check list duly filed and furnish the reasons and materials which necessitated the arrest, while forwarding/producing the accused before the Magistrate for further detention;

(4) The Magistrate while authorising detention of the accused shall peruse the report furnished by the police officer in terms aforesaid and only after recording its satisfaction, the Magistrate will authorise detention;
,
(5) The decision not to arrest an accused, be forwarded to the Magistrate within two weeks from the date of the institution of the case with a copy to the Magistrate which may be extended by the Superintendent of police of the district for the reasons to be recorded in writing;

(6) Notice of appearance in terms of Section 41A of Cr.PC be served on the accused within two weeks from the date of institution of the case, which may be extended by the Superintendent of Police of the District for the reasons to be recorded in writing;

(7) Failure to comply with the directions aforesaid shall apart from rendering the police officers concerned liable for departmental action, they shall also be liable to be punished for contempt of court to be instituted before High Court having territorial jurisdiction.

(8) Authorising detention without recording reasons as aforesaid by the judicial Magistrate concerned shall be liable for departmental action by the appropriate High Court.

We hasten to add that the directions aforesaid shall not only apply to the cases under Section 498-A of the I.P.C. or Section 4 of the Dowry Prohibition Act, the case in hand, but also such cases where offence is punishable with imprisonment for a term which may be less than seven years or which may extend to seven years; whether with or without fine."

Landmark Interpretation of the provisions of Dissolution of Muslim Marriage Act, 1939, by Delhi High Court

Interpreting a 75-year-old law, Delhi high court has held that a non-Muslim woman who embraces Islam after marriage but reconverts to her original faith can dissolve the union due to apostasy. Granting divorce under the Dissolution of Muslim Marriages Act 1939 to Sultana (name changed), a division bench of Justice S Ravindra Bhat and ​Justice Najmi Waziri also clarified there is no requirement in such circumstances for a woman who leaves the pale of Islam to prove her act in a trial. The mere act of apostasy dissolves the marriage if she so desires. "Were a woman married under Muslim personal law to apostatize, the marriage stands dissolved. In such circumstances, the woman is entitled to seek a decree of declaration that the marriage stands dissolved from the date of her apostatizing," Justice Waziri explained.

New Law Office of Kartikey Shroff (Advocate)

SC: "Application for sanction to transfer lands of tenant u/s 43 of Tenancy Act cannot be kept pending indefinitely"

RECENTLY WHILE ADJUDICATING CIVIL APPEAL NO.4123 OF 2012, in respect of the provisions of Section: 43 of Gujarat Tenancy and Agricultural Lands Act, 1948, The Hon'ble Apex Court has ruled certain landmark observations as such that: " The principal part of Section 43 lays down that the land which is purchased by a tenant under the various Sections referred to in Section 43 shall not be transferred in any manner except as permitted in Section 43. The original Section 43 did not contain any such exception. The Gujarat (Amendment) Act No. XVI of 1960 introduced the words “on payment of such amount as the State Government may by general or special order determine” in Section 43.Thus, the section now permits such a transfer by the tenant after the appropriate amount as determined by the State Government by a general or special order is paid by way of consideration, and only after a previous sanction is obtained from the Collector for effecting the transfer. Thus, the State Government has to lay down by general or special order the payment which is required to be made for such a transfer. If the agriculturist is seeking such a transfer, he has to make the necessary payment, and the transfer will be permitted only after a prior sanction is obtained from the Collector.The transfer is however not by way of a right." The Hob'ble Supreme Court of India has further remarked and ordered that " Such application cannot be kept pending indefinitely, but the Collector to decide such applications as far as possible within 90 days from the receipt of the application, on the lines of the judgment of this Court in Patel Raghav Natha (supra). In the event the application is not being decided within 90 days, we expect the Collector to record the reasons why the decision is getting belated. "

SC resolved the conflict between the conclusive proof envisaged under laws and the scientific proof accepted by the world.

The Supreme Court of India has recently resolved the sensitive dispute regading what kind of proof should be accepted in admeasuring the Justice, by observing in the matters of Criminal Appeal No.24 of 2014 that-" The presumption may afford legitimate means of arriving at an affirmative legal conclusion. While the truth or fact is known, in our opinion, there is no need or room for any presumption. Where there is evidence to the contrary, the presumption is rebuttable and must yield to proof. Interest of justice is best served by ascertaining the truth and the court should be furnished with the best available science and may not be left to bank upon presumptions, unless science has no answer to the facts in issue. In our opinion, when there is a conflict between a conclusive proof envisaged under law and a proof based on scientific advancement accepted by the world community to be correct, the latter must prevail over the former"

Supreme Court of India endorses again the accuracy of DNA test to determine paternity dispute of a child

Recently while disposing Criminal Appeal No.24 of 2014 in the matters of Nandalal v/s Lata, the Apex Court has again endorsed the accuracy of DNA test for the determination of the issue of paternity, when the husband and wife lived to gather or had opportunities to access. The Hon'ble Supreme Court has observed that "DNA (Deoxyribonucleic Acid), which is found in the chromosomes of the cells of living beings, is the blueprint of an individual. When two unrelated people possessing the same DNA pattern have been compared, the chances of complete similarity are 1 in 30 billion to 300 billion. Given that the Earth’s population is about 5 billion, this test shall have accurate result. It has been recognized by this Court in the case of Kamti Devi (supra) that the result of a genuine DNA test is scientifically accurate."

SC: "The provision being in the domain of the Procedural Law, it has to be held directory and not mandatory"

While adjudicating with CIVIL APPEAL NO. 65 OF 2014 lodged by appellant SANDEEP THAPAR, the Hon'ble Supreme Court of India has made an important landmark observation recently about the provisions to prevent delay in proceedings and its corresponding procedural laws that " The purpose of providing the time schedule for filing the written statement under Order VIII, Rule 1 of CPC is to expedite and not to scuttle the hearing. The provision spells out a disability on the defendant. It does not impose an embargo on the power of the Court to extend the time.Though the language of the proviso to Rule 1 of Order VIII of the CPC is couched in negative form, it does not specify any penal consequences flowing from the non-compliance.The provision being in the domain of the Procedural Law, it has to be held directory and not mandatory. The power of the Court to extend time for filing the written statement beyond the time schedule provided by Order VIII, Rule 1 of the CPC is not completely taken away.

Though Order VIII, Rule 1 of the CPC is a part of Procedural Law and hence directory, keeping in view the need for expeditious trial of civil causes which persuaded the Parliament to enact the provision in its present form, it is held that ordinarily the time schedule contained in the provision is to be followed as a rule and departure therefrom would be by way of exception. A prayer for extension of time made by the defendant shall not be granted just as a matter of routine and merely for asking, more so when the period of 90 days has expired. Extension of time may be allowed by way of an exception, for reasons to be assigned by the defendant and also be placed on record in writing, howsoever briefly, by the Court on its being satisfied. Extension of time may be allowed if it was needed to be given for the circumstances which are exceptional, occasioned by reasons beyond the control of the defendant and grave injustice would be occasioned if the time was not extended. Costs may be imposed and affidavit or documents in support of the grounds pleaded by the defendant for extension of time may be demanded, depending on the facts and circumstances of a given case.

SC:"while exercising powers under Section 156(3) Cr.P.C. Magistrate requires to exercise his minds"

The scope of the above mentioned provision came up for consideration before the Hon'ble Apex Court in several cases. In Maksud Saiyed case(supra)the Hon'ble Supreme Court examined the requirement of the application of min by the Magistrate before exercising jurisdiction under Section 156(3) and held that where a jurisdiction is exercised on a complaint filed in terms of Section 156(3) or Section 200 Cr.P.C., the Magistrate is required to apply his mind, in such a case, the Special Judge/Magistrate cannot refer the matter under Section 156(3) against a public servant without a valid sanction order. The application of mind by the Magistrate should be reflected in the order. The mere statement that he has gone through the complaint, documents and heard the complainant, as such, as reflected in the order, will not be sufficient. After going through the complaint, documents and hearing the complainant, what weighed with the Magistrate to order investigation under Section 156(3) Cr.P.C., should be reflected in the order.The same observation is again confirmed by the Apex Court yesterday, while dismissing CRIMINAL APPEAL NOS. 1590-1591 OF 2013 between Anilkumar v/s M.K. Aiyappa. The Apex Court has further observed therein that "In order that the public servant may not be unnecessarily harassed on a complaint of an unscrupulous person, it is obligatory on the part of the executive authority to protect him….. If the law requires sanction, and the court proceeds against a public servant without sanction, the public servant has a right to raise the issue of jurisdiction as the entire action may be rendered void ab-initio.

SC confirmed Right to Reject all unwanted candidates in Election

Today while granting WRIT PETITION (CIVIL) NO. 161 OF 2004, moved by People’s Union for Civil Liberties & anothers, the Supreme Court of India has considered a dire need of negative voting in the present scenario of our Country and has confirmed a Right to Reject all the candidates while excercise his voting rights through its landmark Judgment. The Apex Court has concluded that " Democracy being the basic feature of our constitutional set up, there can be no two opinions that free and fair elections would alone guarantee the growth of a healthy democracy in the country. The ‘Fair’ denotes equal opportunity to all people. Universal adult suffrage conferred on the citizens of India by the Constitution has made it possible for these millions of individual voters to go to the polls and thus participate in the governance of our country. For democracy to survive, it is essential that the best available men should be chosen as people’s representatives for proper governance of the country. This can be best achieved through men of high moral and ethical values, who win the elections on a positive vote. Thus in a vibrant democracy, the voter must be given an opportunity to choose none of the above (NOTA) button, which will indeed compel the political parties to nominate a sound candidate. This situation palpably tells us the dire need of negative voting. No doubt, the right to vote is a statutory right but it is equally vital to recollect that this statutory right is the essence of democracy. Without this, democracy will fail to thrive. Therefore, even if the right to vote is statutory, the significance attached with the right is massive.Democracy is all about choice. This choice can be better expressed by giving the voters an opportunity to verbalize themselves unreservedly and by imposing least restrictions on their ability to make such a choice. By providing NOTA button in the EVMs, it will accelerate the effective political participation in the present state of democratic system and the voters in fact will be empowered. We are of the considered view that in bringing out this right to cast negative vote at a time when electioneering is in full swing, it will foster the purity of the electoral process and also fulfill one of its objective, namely, wide participation of people Free and fair election is a basic structure of the Constitution and necessarily includes within its ambit the right of an elector to cast his vote without fear of reprisal. duress or coercion. Protection of elector’s identity and affording secrecy is therefore integral to free and fair elections and an arbitrary distinction between the voter who casts his vote and the voter who does not cast his vote is violative of Article 14. Thus, secrecy is required to be maintained for both categories of persons. Giving right to a voter not to vote for any candidate while protecting his right of secrecy is extremely important in a democracy. Such an option gives the voter the right to express his disapproval with the kind of candidates that are being put up by the political parties. When the political parties will realize that a large number of people are expressing their disapproval with the candidates being put up by them, gradually there will be a systemic change and the political parties will be forced to accept the will of the people and field candidates who are known for their integrity"

Supreme Court of India reiterates our Vedic Concept of Marriage as per Hindu Laws

Under Hindu law, marriage is an institution, a meeting of two hearts and minds and is something that cannot be taken lightly. In the Vedic period, In the Vedic period, the sacredness of the marriage tie was repeatedly declared; the family ideal was decidedly high and it was often realized. Marriage is highly revered in India and we are a Nation that prides itself on the strong foundation of our marriages, come hell or high water, rain or sunshine. Life is made up of good times and bad, and the bad times can bring with it terrible illnesses and extreme hardships. The partners in a marriage must weather these storms and embrace the sunshine with equanimity. Any person may have bad health, this is not their fault and most times, it is not within their control. The illness had its fair share of problems. Can this be a reason for the appellant to abandon her and seek dissolution of marriage after the child is born out of their union ??? [CIVIL APPEAL NO.8264 OF 2013 - KOLLAM CHANDRA SEKHAR v/s KOLLAM PADMA ]