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Marriage with minor girl voidable, says Court by KT Sangameswaran

Says such a marriage is not a “valid marriage”; but it is “not invalid”   Marriage of a person with a girl whose age is below 18 is voidable. It will subsist until it is annulled by a court under the Prohibition of Child Marriage Act, the Madras High Court has ruled. Such a marriage is not a “valid marriage” in the strict sense; but it is “not invalid”, it said. In a...

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Justice, at last

-The Hindu In many ways, Vachathi was a test case: not so much for the judiciary as for India's social conscience. In June 1992, this tribal hamlet in northern Tamil Nadu was witness to what brutal law enforcers and callous government officials could do to the poor and the powerless. Women were raped, men were assaulted, houses were looted and destroyed, and cattle were killed, all in the name of upholding...

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Hot water & ‘grafting’ keep Singur law afloat

-The Telegraph   Had it not been for a tub of hot water and a celebrated judge in England in 1949, Bengal’s Singur law may have found itself in legal hot water. Justice I.P. Mukerji, who delivered the Singur judgment, was guided by a 62-year-old English case that dealt with hot water supply by a landlord, according to the order issued on Wednesday. The Calcutta judge used the principle of “purposive interpretation”, which figured...

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Singur Act upheld by high court by Nikhil Kanekal and Manish Basu

The Calcutta high court upheld the Singur Land Rehabilitation and Development Act on Wednesday, saying that it was within the powers of West Bengal’s legislators to impose such a law, rejecting the challenge by Tata Motors Ltd over the seizure of land that was meant for its Nano factory. Justice I.P. Mukerji said in the judgement, however, that the Hooghly “district officials have exceeded their powers in taking possession of the...

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Constitution for inclusive policies by Abusaleh Shariff

Of late, there has been a debate on whether public programmes such as school education, scholarships, health-care delivery and access to microcredit can be targeted at beneficiaries based on religion; some consider this ‘unconstitutional' and argue that it amounts to discrimination. I highlight the constitutional provisions and argue that there is nothing in the Constitution which bars identification of beneficiaries based on religion. Religious identity is listed on a par...

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