This week in Indian law: The Supreme Court granted regular bail to activist Teesta Setalvad in the Gujarat riots case, terming the High Court's reasoning perverse. The Bombay High Court affirmed a single working woman's right to adopt. Parliament Monsoon Session preparations entered final stages with key legislation on the agenda. 5 significant legal developments this week across criminal law, family law, and constitutional rights.
Top story
SC Grants Bail to Teesta Setalvad, Terms HC Reasoning Perverse
Category: criminal-law | Date: 19 July 2023 | Source: Supreme Court of India
A three-judge bench of Justices B.R. Gavai, A.S. Bopanna, and Dipankar Datta in Teesta Atul Setalvad v. State of Gujarat granted regular bail to activist Teesta Setalvad, who had been in custody since June 2022 in connection with the 2002 Gujarat riots case. The Court criticised the Gujarat High Court's reasoning for denying bail as "perverse" and contradictory, reaffirming that bail is the rule and jail is the exception under Section 439 CrPC.
Why it matters: The judgment reinforces the Supreme Court's consistent emphasis on personal liberty under Article 21 and sets an important precedent on the standard of review when a High Court denies bail on contradictory grounds. Criminal law practitioners should note the Court's willingness to intervene when lower courts apply improper reasoning to bail applications.
Read more: Veritect analysis
Court judgments
Bombay HC Upholds Single Working Woman's Right to Adopt
Court: Bombay High Court | Date: 12 July 2023
In Shabnam Jahan v. Central Adoption Resource Authority, the Bombay High Court upheld a single working woman's right to adopt a child, rejecting discriminatory objections based on marital status. The judgment affirmed that eligibility for adoption under the Juvenile Justice Act and CARA guidelines cannot be restricted based on whether the prospective parent is married or single.
Key point: Marital status cannot be a barrier to adoption eligibility — single persons meeting all other statutory criteria are entitled to equal consideration under the adoption framework.
Legislative and policy developments
Parliament Monsoon Session Set to Commence
Date: Session commenced 20 July 2023
The Monsoon Session of Parliament was scheduled to commence on July 20, 2023, with a packed legislative agenda. Key bills expected included the Digital Personal Data Protection Bill, the Government of NCT of Delhi (Amendment) Bill, the Jan Vishwas Bill for decriminalisation of offences, and the Mediation Bill.
Key point: The Monsoon Session would prove to be one of the most legislatively productive sessions of 2023, with the DPDP Act, NCT Delhi Amendment, Jan Vishwas Act, and Mediation Act all enacted.
Also this week
- SEBI Total Expense Ratio review progresses — SEBI's consultation on overhauling TER for mutual funds continued through the regulatory pipeline following the May 2023 consultation paper. SEBI
- ED Director transition underway — Following the SC's July 11 order in Dr. Jaya Thakur, the transition to a new ED Director was being processed ahead of the July 31 deadline.
Looking ahead
- July 20: Parliament Monsoon Session commences — DPDP Bill and NCT Delhi Amendment Bill expected early in the session
- Late July: SC to take up Manipur violence matter with increasing urgency following public outcry
- Early August: Key Parliamentary votes expected on pending legislation
This is the Veritect Weekly Legal Roundup for Week 28 of 2023. For daily updates, visit our legal news page. Subscribe to receive this roundup every Monday morning.
Veritect provides this content for informational purposes and does not constitute legal advice.