Indian Politics and Democracy

RDXChauhan said:
wtf is this

View: https://x.com/sanjeevsanyal/status/1847883760814944759?t=E4jXW4iKbc8WYPmch_t6kQ&s=19
Click to expand...

SC isn't wrong per se. As per the Indian Constitution , girls 16 & above can marry under the Muslim personal law. You want to abolish child marriage defining a child as anyone below the age of 18 you either amend the Muslim personal law or bring in the UCC.

Now here's where things get interesting & brings out the inherent dual nature of our judiciary. A number of High Courts across the land have upheld the primacy of POCSO over such personal laws thereby awarding convictions to people accused under its provisions. Some of these cases will doubtless land up in the SC & they have .

The last I heard about it is that the SC is combining all such cases to be heard by a large bench constituted by the CJI though I can't remember this bit of news as in whether it's speculation on part of the author or it's actually the case.

How the SC rules will be interesting to see . Sections of the legal community will see it as another instance of the majesty of the law where such glorious multiple interpretations in terms of judgements of cases sharing a common origin but brought to courts under vastly different sections of the CrPC are not in the least unusual.

Critics will see it as another instance of Milaudas running amok ruling not by the law or by "applying their minds to it " but solely on the basis of their whims & biases. Both sides are right & wrong in their assessments in their own ways.
 
Azaad said:

Post mortem & fallout of Haryana polls continue.
Click to expand...

You were right about greens being pro at tactics but bad at strategy lol.


RDXChauhan said:
wtf is this

View: https://x.com/sanjeevsanyal/status/1847883760814944759?t=E4jXW4iKbc8WYPmch_t6kQ&s=19
Click to expand...


Milaards staying within their aukat and passing the ball to the Govt.
Since they don't want to offend the Samudaay Vhishesh, otherwise they freely intrude upon the Govt's domain by their (((interpretations))) and (((striking down))) of laws
 
Azaad said:
SC isn't wrong per se. As per the Indian Constitution , girls 16 & above can marry under the Muslim personal law. You want to abolish child marriage defining a child as anyone below the age of 18 you either amend the Muslim personal law or bring in the UCC.

Now here's where things get interesting & brings out the inherent dual nature of our judiciary. A number of High Courts across the land have upheld the primacy of POCSO over such personal laws thereby awarding convictions to people accused under its provisions. Some of these cases will doubtless land up in the SC & they have .

The last I heard about it is that the SC is combining all such cases to be heard by a large bench constituted by the CJI though I can't remember this bit of news as in whether it's speculation on part of the author or it's actually the case.

How the SC rules will be interesting to see . Sections of the legal community will see it as another instance of the majesty of the law where such glorious multiple interpretations in terms of judgements of cases sharing a common origin but brought to courts under vastly different sections of the CrPC are not in the least unusual.

Critics will see it as another instance of Milaudas running amok ruling not by the law or by "applying their minds to it " but solely on the basis of their whims & biases. Both sides are right & wrong in their assessments in their own ways.
Click to expand...
AYoungBrotchen said:
I mean that's the way laws should be made. The court legislating from the bench is intruding too deep into the domains of the parliament. The court is right in saying that the parliament should extend the PCMA.
Click to expand...
What about something like Vishaka Guidlines, Azad ji is true about the amendment of moslem personal law and ucc but in the meantime why can't they just do something like Vishaka case. Or why not extend the ban until any such amendment or law comes in.
Now I am newbie in polity and laws please correct if I misinterpreted what you said
 
shade2 said:
You were right about greens being pro at tactics but bad at strategy lol.




Milaards staying within their aukat and passing the ball to the Govt.
Since they don't want to offend the Samudaay Vhishesh, otherwise they freely intrude upon the Govt's domain by their (((interpretations))) and (((striking down))) of laws
Click to expand...
Oh so its like that same sex marriage case where they leave it to the govt for decision.

Edit: Just read the article thoroughly, I had just reacted by reading the headline
 
Last edited:
RDXChauhan said:
What about something like Vishaka Guidlines, Azad ji is true about the amendment of moslem personal law and ucc but in the meantime why can't they just do something like Vishaka case. Or why not extend the ban until any such amendment or law comes in.
Now I am newbie in polity and laws please correct if I misinterpreted what you said
Click to expand...
Vishakha guidelines itself was a classic & clear case of judicial over reach. The government of the day should've forcefully intervened & ticked off the judiciary but it didn't.

Part of the reason for the vishakha guidelines was there was no clear law on the issue of prevention of harassment of females at the workplace & the government of the day didn't even see it necessary to bring in a legislation post the courts coming up with these guidelines. That was accomplished much later.

This was during the glorious era of Coalition politics which a section of our press , no prizes for guessing who , see as the most acceptable form of government where a lot of "useful & productive" work gets done after due "consultation."These were also the times when most of the judicial encroachment into the executive & legislative sphere took place.

As to the reason the courts aren't coming up with such guidelines now refer to /shade2 's post. Some communities are more equal than the others
 
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