Legal Weekly: Suicide is an offence, cannot be glorified; top judgments of the week

Legal Weekly is a compilation of landmark rulings passed by the Supreme Court and the High Courts of the country during the week. Read upon what the court opined about martyrdom and how another court refused a "mentally retarded" person to donate organs.

Written by Sonakshi Awasthi | New Delhi | Published: December 30, 2017 4:05:41 pm
legal weekly, legal weekly indian express, top judgments of the week, top judgments legal weekly, top judgment indian express, indian express news “We are proud to be known for our religious tolerance and we need to maintain this for our country to grow and flourish.”

Bombay High Court: A “mentally retarded” person cannot donate organs
The Bombay High Court refused a plea of a couple seeking permission to donate kidney of their differently abled son to the other sibling. The petitioners pleaded in the court that the “best interest test” would require the differently abled son to become a donor for his brother, who would be looking after him.

The court therefore ruled that the law maintains that donation of organs from a “mentally retarded” person would be held illegal and observed that “the law is hard but it is the law.” The court further opined that the mentally challenged son is “not an individual who is in a position to voluntarily authorise removal of his organ or tissues.”

Madras High Court: “Secularism is a basic feature of our constitution”
A Christian society in Kanyakumari celebrated Christmas every year but this year the police officials, respondents, did not allow Christmas celebrations to take place. The respondents reasoned that a Hindu religious ceremony was scheduled in the society that day and therefore the society was denied permission to celebrate the festival.

The court, therefore, observed, “We are proud to be known for our religious tolerance and we need to maintain this for our country to grow and flourish,” and permitted the Christian society to celebrate their festival.

Delhi High Court: Suicide is an offence under IPC, cannot be glorified and praised
A farmer hanged himself during an Aam Aadmi Party (AAP) rally at Jantar Mantar in New Delhi and the State filed a PIL in the Delhi High Court seeking martyrdom for the deceased farmer. According to the court, the farmer raised an important issue but dismissed the plea seeking his martyrdom.

The court stated, “This act of respondent 1 (Delhi government) was nothing but an effort to glorify, justify, praise, support and consecrate the act of suicide, attempt thereof itself is an offence under section 309 of Indian Penal Code, 1860.”

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