The Allahabad High Court (Allahabad HC), dealing with an order, of the Regional Secretary of Madhyamik Shiksha Parishad of Bareilly, Uttar Pradesh, rejecting the applicant’s plea seeking a change of his name in the high school and intermediate school certificates, held that “the fundamental right to keep or change a name is vested in every citizen by virtue of Article 19(1)(a) and Article 21 of the Constitution of India.”
Necrophilia must be made an offence: Karnataka HC
The Karnataka High Court (Karnataka HC) while dealing with a criminal appeal arising out of a conviction order for the offence of rape on a deceased person has held that “a careful reading of Sections 375 and 377 of IPC makes it clear that a dead body cannot be called a human or person. Therefore, the provisions of Sections 375 or 377 would not attract.” It further noted that it is high time to make necrophilia – sexual attraction or act involving corpse(s) – an offence and recommended the Central Government to include those changes through amendment in the Indian Penal Code, 1860.
Delhi High Court directs enrolment of a Korean national as an Advocate in India
The Delhi High Court, in a petition seeking the enrolment of a Korean national, who obtained law degree from an Indian institution, in the Bar Council of Delhi (BCD), directed the Bar Council of India to allow the application for enrolment with the BCD. The enrolment was allowed in view of Section 24 of the Advocates Act, 1961 which allows nationals of other country to be enrolled as advocates if the duly qualified Indian citizens are permitted to practice law in that other country.
Medical termination of 26-week foetus with microcephaly allowed by Bombay High Court
The Bombay High Court allowed a petition seeking medical termination of a nearly 26-week pregnancy since the foetus was detected with microcephaly, a condition where the baby’s head is smaller than expected. Even though the Medical Termination of Pregnancy Act, 1971 allows medical termination of pregnancies upto 24 weeks, the Court was of the opinion that this was a case where medical termination could be allowed since the microcephaly is a foetal abnormality that can affect the neurological development of a baby.
Transgender person have the right to be recognized as transgender or their self-perceived gender identity: Rajasthan High Court
The Rajasthan High Court, hearing a Civil Writ wherein the petitioner wanted to change his name and gender in the service record of the school he worked at after he underwent sex reassignment surgery to become a male from a female, observed that “the right of a human being to choose his/her sex or gender identity is integral to his or her personality and is one of the most basic aspects of self determination, dignity and freedom”. The Court directed the Petitioner to apply for issuance of certificate indicating change in gender before the District Magistrate under Section 7 of the Transgender Persons (Protection of Rights) Act, 2019 and directed the school to then change the service record of the petitioner.
Withdrawal of Rs. 2000 notes is purely a policy matter of the Government: Delhi High Court
The Delhi High Court dismissed a Public Interest Litigation challenging the notification of the Reserve Bank of India allowing exchange of Rs. 2000 notes with notes of other denominations without identity proof, alleging that this decision encourages black money and money laundering. The Court observed that “this decision of the Government is purely a policy decision and Courts should not sit as an Appellate Authority over the decision taken by the Government.”
Government Servants are not precluded from the fundamental right to form associations
The Delhi High Court (DHC), while deciding a writ petition seeking continuation of recognition of the petitioner association, Central PWD Engineers Association, under the Central Civil Services (Recognition of Service Associations) Rules, 1993 (Rules), held that the right to form Association is a fundamental right that government servants cannot be excluded from however, the right of recognition of such an Association under the Rules by the Government is not a fundamental right. The DHC, therefore, remanded the matter back to the Government to determine whether the Association will continue being recognized under the Rules.
Indonesia Competition Authority fines companies for restricting supply of cooking oil
The Indonesian Competition Commission, Komisi Pengawas Persaingan Usaha (KPPU), imposed fines, on seven cooking oil companies, amounting to approx. 2.78 million USD per company for violating competition rules. The companies restricted the supply of its cooking oil brand distribution to hike the prices of cooking oil in 2022, during a period when the supply of cooking oil was scarce in the country.
The Dutch Competition Authority blocked merger of two waste processing companies
The Dutch competition authority, the Authority for Consumers and Markets, blocked waste processing company Afvalverwerking Rijnmond from acquiring its rival, Afval- en Energiebedrijf. It was of the opinion that the combined entity would become, by far, the largest waste-management company in the Netherlands which would result in increased prices for waste processing services. Further, the increased cost to the municipalities and waste collectors would eventually pass on to the end-consumers.
Article 299 of the Constitution does not grant immunity from the applicability of statutes
The Supreme Court deciding an arbitration petition for appointment of a sole arbitrator under the Arbitration and Conciliation Act, 1996, in a matter where the contract in question was entered into in the name of the President of India under Article 299 of the Constitution, held that, “We are unable to trace any immunity arising out of Article 299, to support the contention that for contracts expressed to be made by the President of India, the ineligibility of appointment as an arbitrator as contemplated under Section 12(5) of the Act, read with Schedule VII, will be inapplicable.”