Legal Weekly: SC directs to reserve 5% seats for the disabled & death sentence for honour killing; top judgments of the week

The court accepted the suggestions of the petitioner, which include infrastructural development for the welfare of the disabled like
a barrier-free campus environment
ground floor on-campus/hostel accommodation
braille symbols in classrooms
accessible classrooms for people on wheelchair
Clear and prominent signs for the hearing impaired
Separate braille section in libraries
Full participation of the otherwise disabled in sports and various other activities

The court further directed to constitute an Expert Committee and defined its role to ensure that the suggestions made by the petitioner are implemented. The Expert committee was further directed to form an in-house body in educational institutions to keep a check on the daily needs of the disabled.

Quoting Stephen Hawking and John Nash, the court said, a disability is only actually a disability when it prevents someone from doing what they want or need to do. A lawyer can be just as effective in a wheelchair, as long as she has access to the courtroom and the legal library, as well as to whatever other places and material or equipment that are necessary for her to do her job well. A person who can’t hear can be a master carpenter or the head of a chemistry lab, if he can communicate with clients and assistants. A person with mental illness can nonetheless be a brilliant scholar or theorist.

Rajasthan HC: Consent and age of majority required for changing religion in inter-faith marriages

In Chirag Singhvi vs. State of Rajasthan, the high court recorded facts as Payal, belonging to a Jain family, was kidnapped by a Muslim boy and was made to sign documents of marriage forcibly. During the course of the forceful marriage, her religion was changed under coercion too and Payal’s family filed a petition before the court to retrieve their daughter.

Hearing the alleged “love jihad” case, the court issued a few directions on religious conversions in inter-faith marriages. The judgment stated that consent and age of majority are the essentials for changing religion. Person performing the ceremony of conversion and later solemnising the marriage should be aware of the willingness of the person changing religion. District collector, SDO or SDM of the concerned city should be informed before hand.

Stating the guidelines, the court held that both married people in question are adults and have the liberty to live their life they desire.

Madhya Pradesh HC: Victim of rape cannot be compelled to give birth to a child of rapist

The father of the minor girl filed a petition against the respondent for kidnapping his daughter and allegedly raping her, resulting in a pregnancy. The petitioner requested before the court to allow her daughter to terminate her pregnancy.

The court held that since the pregnancy is within the statutory limit of 20 weeks as required by law, the minor girl would be allowed to undergo termination of the pregnancy.

The court thereafter observed, the anguish and the humiliation which the victim is suffering daily, will certainly cause a grave injury to her mental health. Not only this, the child will also suffer mental anguish in case the lady gives birth to a child. Victim of rape cannot be compelled to give birth to a child of rapist.

Tamil Nadu Sessions Court: Death sentence to six for honour killing

The Principal District and Sessions Court of Tirupur, Tamil Nadu, awarded six out of eleven accused with death sentence for committing murder of their son. The court acquitted the mother of the deceased woman and her uncle. Further, the court imprisoned another with life, while another with five years of rigorous imprisonment.
Eight months into the marriage, Shankar was murdered by a gang, sent by Kausalya’s father. Kausalya too suffered injuries on the head and chose to live with her in-laws after discharging from the hospital. After fighting her legal battle against her family, the Sessions court awarded the accused death sentence.

Delhi HC: Install CCTV cameras in vulnerable places of the city within eight weeks
The court on its own motion moved a petition to protect the people of Delhi and directed Delhi police to install CCTV cameras in police stations. The court further directed the state government to ensure the installation of CCTV camera in vulnerable and dark spots of the city within eight weeks.

The court also noticed the necessity to increase police strength. As against the initial proposal for creation of 66,000 additional posts, ex-facie clearance was mooted for 14,753, of which, ultimately, 12,000 posts have been proposed by the Ministry of Home Affairs but not yet cleared by the Ministry of Finance. Earlier, 4,227 posts were sanctioned and the process of filling them is underway, said the Court.