The world of cryptocurrencies has witnessed tumultuous movements in the past few months.

China has blocked cypro trade exchanges while U.S. banks has been declining cryptocurrency purchases. And the Indian finance minister Arun Jaitley, in his recent Budget speech, said that the country does not recognize Bitcoin as legal tender. He has also said crypto payments would be penalized.

The price of Bitcoin dropped to a two-month low of less than $7,000 after this.

Panel To Be Set Up To Study Crypto Trading

The secretary of economic affairs SC Garg subsequently announced that a panel would be set up to study the trading of crypto assets in unregulated exchanges. The panel is slated to submit its findings by the end of March 2018.

Ajeet Khurana of the Internet and Mobile Association of India (IAMAI) which is one of the agencies working to increase awareness of cryptocurrency in the country, was not discouraged by the finance minister’s remark stating that he was glad that cryptocurrency at least found a mention in the country’s national budget.

Khurana who heads the agency’s Blockchain and Cryptocurrency Committee (BACC) said that it was logical for the minister to say that cryptocurrency isn’t legal tender, highlighting that most countries except Japan had taken a similar stance.  According to him, crypto trading has not been made illegal though it has risks attached to it just like any other investment.

However investors in India have been left highly concerned after most media outlets suggested that cryptocurrency trading was now illegal.

According to Khurana , the knee-jerk reaction could be attributed to poor understanding of Bitcoin.

India Sees Jump in Bitcoin Trading

Cryptocurrency trading volumes in India have been on the rise in recent months.

Khurana claims that there are at least five million active traders in India, who are transacting via regulated banking channels, although there are no official estimates.  India’s top cryptocurrency exchanges such as Zebpay, Coinome, Coinsecure, Unocoin, and Bitxoxo have witnessed a sustained rise in user interest Khurana said.

The  IAMAI also has been launching user awareness outreach programs such as educational videos and reading material, to educate investors. It is also planning on launching an online course with inputs from industry experts and Bitcoin exchanges .

Khurana noted that there were “multiple dimensions” to Bitcoin like the technology, security and privacy, which users need to understand as it will help them make informed decisions while trading.

Industry Leader Team Up To Collaborate

In November 2017, the Digital and Blockchain Foundation of India (DABFI) and the IAMAI merged in order to work together on popularizing blockchain technologies in India and also develop an advocacy platform for cryptocurrency.

Many of India’s major Bitcoin exchanges like Unocoin, Zebpay and Coinsecure have joined IAMAI’s newly launched Fintech Council.

Sandeep Goenka, cofounder of Zebpay and head of the fintech council stated that the “ideal way” to the system was to allow use of “approved banking channels” to onboard new customers and to legitimize Bitcoin trading.

The premier Indian Institute of Managements are said to have differing positions on draft rules under the new Act according to sources.

Nearly 20 top B-schools have expressed their opinions on the new law,  and of them, six are concerned about relinquishing of government control and about its impact over  the accountability of the leadership of the institute.

A Directors’ meeting was called by IIM-Bangalore on January 22, in which heads of the six IIMs highlighted their concerns while giving inputs for drafting rules.

New Law Grants More Autonomy

The Indian Institutes of Management Bill, 2017 has been approved by President Ram Nath Kovind which was passed in the Lok Sabha in July, 2017 and by Rajya Sabha on December 19 .

Under the new law, IIMs will have far more autonomy in their functioning with government’s role getting restricted significantly. They will also have power to award degrees rather diplomas to their graduates.

The new IIM Act calls for  the appointment for an institute Director, to act as Chief Executive Officer, who will be selected by the institute’s Board of Governors (BoG) . The selection will be made from shortlisted names that have been recommended by the search-cum-selection committee (ScSc) also set up by the BoG.

The Director was earlier appointed by the Board with  the approval of the Appointments Committee of the Cabinet (ACC) headed by the Prime Minister.

However almost half of the 13 newly set up  IIMs, feel that the ACC must continue to remain involved to ensure accountability.

A lawyer’s remark disparaging women has drawn censure from the Delhi High Court which has warned him of stern action.

Lawyer Amol Kokane representing a Delhi-based ashram of Virender Dev Dixit who is facing a CBI probe for allegedly confining women and girls said while making his arguments that “according to Shakaracharya, ‘nari narak ka dwar hai’ (women are the gateway to hell).”

A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar, took offense at the statement and warned that his manner of argument could invite contempt of court action.

Remark  Criticised By Delhi Government  Advocate

The lawyer’s remark came as a response to the court’s question as to why only women and girls were “abandoned” by parents at the ashrams of the Adhyatmik Vishwa Vidyalaya founded by Dixit.

The statement led to murmurs among the people and advocates in the court room.

The advocate for the Delhi government  Rahul Mehra, also voiced his displeasure about Kokane’s tone of arguments and questioned if he was even an advocate.

The court soon wound up the day’s hearing in the matter and told all those associated with the case to leave the court room immediately.

Women And Girls Found Confined

Located in Rohini area of Delhi, the Adhyatmik Vishwa Vidyalaya, came into the spotlight a few months ago after several hundred women and girls were found allegedly confined there illegally in a fortress-like premises.

Dixit who is the founder-cum-spiritual leader has been facing a CBI probe. He has not been traced by the agency but a look out circular has been issued as a high court order has required his presence.

The CBI has said it has raided several of his ashrams in the search for him.

The Supreme Court has categorically stated that no one both individually or collective has a right to interfere in a marriage between two consenting adults.

A Supreme Court bench led by Chief Justice of India (CJI) Dipak Misra has warned the khap panchayats from assuming the role of conscience keepers of society, and has stated that the courts follow the law and not tradition or ‘gotra’ considerations to consider the legality of a marriage.

Senior advocate Narender Hooda, representing some khap panchayats, asserted that khaps encourage inter-caste and inter-faith marriages highlighting that they had allowed Haryanvi men to marry women hailing from other states due to the state’s skewed sex ratio.

Hooda told the court that the khaps only oppose ‘sapinda’ or ‘sagotra’ marriage between men and women and also cases where they are within the prohibited degrees of relationship, which is also advised against by genetic science. He added that Khaps attempt to “uphold centuries of tradition and act as conscience keepers of society”.

The bench however responded asking who had appointed the khaps as guardians of the society or its conscience keeper, and warned against assuming that role. The bench further said that Khaps have “no business determining the legality of a marriage.”

Govt. Not Tackling Issue

The Supreme Court reiterated its concern that the Centre was failing to take the issue of ‘honour killing’ seriously after  additional solicitor general Pinky Anand asked for two further weeks to suggest ideas for tackling crimes against inter-caste, inter-faith or ‘sagotra’ marriages.

Social activist Madhu Kishwar stepped in during court proceedings to state that the brutal killing of couples in inter-caste or inter-faith marriages must not be given the respectable term of ‘honour’ killing. She highlighted that just 3 % of the cases are due to ‘sagotra’ marriage, with the remaining the result of religion, caste etc, citing the example of the recent Ankit Saxena killing.

The bench however has said it was not concerned with individual crimes.

It has suggested that a high-level police officers’ committee can be set up to handle issues and “devise a mechanism to protect couples in distress,”  stating that no one can interfere with adults wanting to marry each other, which was supported by Anand  .

The SC also highlighted its 2016 ruling in the Nitish Katara murder case several times. In that case, the SC upheld the life sentence to murder convict Vikas Singh noting that while for one it may be ‘my honour is my life’ but it cannot be at the cost of another.

A report released recently by a non-profit group has revealed that India is a hub for the controversial practice of female genital mutilation amongst both local and expat Dawoodi Bohras.  

The study on the prevalence of FGM or “khafd” among the Bohras in the country is one of the first to document the impact of the practice on the victims.

Prepared by social activists Lakshmi Anantnarayan, Shabana Diler and Natasha Menon, along with WeSpeakOut and Nari Samata Manch, the study covered 94 respondents, of which 83 were women and 11 men.

Practice Widespread Amongst Bohras  

The World Health Organization (WHO), defines FGM as procedures involving “the altering or injuring of female genitalia” for any non-medical purpose. It has called it as “a violation of the human rights of girls and women”.

The study titled “The Clitoral Hood a Contested Site: Khafd or Female Genital Mutilation in India” states that India  remains a hub for the practice on Bohra expat/foreign girls, as legal action on FGM/C among Bohras has been taken in Australia and USA, and also due to the lack of an anti-FGM/C law in India.

Most Bohras practice Type 1 FGM/C (partial or total removal of the clitoris and/or clitoral hood/prepuce). Supporters of the practice however claim that Bohras typically carry out the ‘removal of clitoral hood’ (Type 1a) and ‘pricking, piercing, cauterization’ (Type 4 FGM/C).

Participants of the study, including a doctor (OBGYN) have observed that although both practices are prevalent among the Bohras, but there are very few cases of ‘pricking, piercing, cauterization’.

The survey also found that in urban areas, doctors in medical facilities are increasingly performing FGM in addition to traditional cutters.

The study has covered women from thirteen areas across five states – Gujarat, Madhya Pradesh, Maharashtra, Rajasthan and Kerala. Bohra expats in  three countries (Canada, United Arab Emirates, and the United States of America) also participated in the study.

Additionally, traditional circumcisers, healthcare professionals, and teachers also took part in the study.

No Legal Deterrent In India

There is currently no law in India that deals with female genital cutting or mutilation, but several other countries do.

Australia sentenced three Dawoodi Bohras to 15 months in jail in 2016 under the country’s female genital mutilation law. Authorities in the US arrested two doctors in Detroit for allegedly cutting the private parts of at least six girls in 2017. The trial is still underway.
Advocate Sunita Tiwari began the fight against FGM in India in 2017 with a PIL seeking a ban on the practice.

In its response, the Ministry of Women and Child Development told the apex court in December that no data regarding FGM was available from the National Crime Records Bureau (NCRB) or other sources.

According to the study, nearly 75% of the daughters of the respondents covered in the sample group were subjected to FGM/C. The young girls usually undergo ‘khafd’ when they are about seven years old.

The report also includes personal accounts of survivors who have disclosed that the FGM is a painful experience that has left a physical scar on them .

Women Say FGM A Painful Experience

According to the report, 97% of the women in the study said Khafd was a painful experience. They have reported issues like painful urination, physical discomfort, difficulty in walking, and bleeding immediately after the procedure. Several have suffered from recurrent Urinary Tract Infections (UTIs) and incontinence in the long-term.

Poor sex drive is also another outcome with around 33% of the women believing that FGM/C has negatively impacted their sexual life due to issues like “inability to feel any sexual pleasure, difficulty in trusting sexual partners, and over sensitivity in the clitoral area.”

Globally there are around one million Dawoodi Bohras. The study stated that around 88 women participants have identified 1,248 others in their immediate family circles who had also undergone the practice.

The report further notes that men participate in ‘khafd’ both “actively and passively” and continue to have an “integral role in its maintenance and/or propagation”, not only at personal levels but also political levels.

Last year, for the first time, the number of women enrolled in ranked U.S. law schools outnumbered men, after being roughly equal in previous years .

However the American Bar Association (ABA) states that women currently make up just around 36 percent of all practicing attorneys, raising the question of where the remainder of the women lawyers were.

According to the ABA, most women leave within five years of entering private practice, and just 18 percent of partners at law firms are female.

Hilarie Bass, president of the American Bar Association said one of the reasons for low percentage of women at the top is that “there aren’t that many women left at that point.”

To tackle this issue, the American Bar Association has initiated a program  to understand the reasons for women at various stages of their careers leaving law firms.

Identifying Reasons Specific To Law Firms

Bass and others working on the program say they are aware that well-known reasons like discrimination, lack of work-life balance, childcare, success fatigue, sexual harassment are likely to come up . However experts are wondering if there are some unique reasons in law firm culture that discourages female advancement.

There are several anecdotes available such as older women lawyers feeling “invisible”, younger associates given less interesting and more simplistic work than men and women lawyers who struggle to meet billable targets. Many women who feel they have to work much harder to achieve the same success as men and end up becoming burnout.

However Bass noted that data and not anecdotes change perceptions.

The association is planning on developing specific recommendations in its report based on its study to retain more practicing women lawyers which is likely to be released at the association’s annual meeting held at the end of the year.

Another professional organization the Lawyers Club of San Diego, an organization dedicated to promoting women in law, is also working on the issue.

It is holding workshops this year to empower women lawyers to ask for what they deserve and to encourage veteran female attorneys to start mentoring or sponsoring younger ones.

Implicit Bias Affecting Workplace Dynamics

According to experts, to a large extent workplace gender gap regardless of the profession can be attributed to implicit bias.

Stereotypes are often so ingrained in most that they affect decisions without realizing it.

Bass said that the implicit bias affects “everything,” and can be “more challenging to drum out” as many believe they don’t have it.

In law firms, implicit bias results in a male-heavy partner track with women having to deal with less interesting work and face tougher challenge to meet billable-hours requirements, according to female attorneys.

When billable hours targets are not met, performance evaluations suffer, along with raises and chances for promotion.

Yet another reason for women to leave the profession is sexual harassment as per San Diego attorney Olga Álvarez, president of the Lawyers Club.

According to Álvarez, Law firms are “fertile ground” for such behaviour as young female associates often work with older male partners late at night. Other partners may not be eager to call out such behaviour for fear of losing a major moneymaker and the female attorneys may not report fearing retaliation.

Women Lawyers Still ‘Invisible’

Earlier the efforts were focused on retaining  women wanting to have children, with perks such as better maternity and part time policies. However this has failed to have an impact on the trend.

According to Elena Deutsch executive coach who works with women wanting to leave law firms for other careers millennial women are today “more empowered to leave.” They don’t like what they see when they observe older women in their firms who are partners.

Sharon Rowen an Atlanta attorney whose documentary, “Balancing the Scales” talks about the challenges of successful female lawyers is working on her next film “An Invisible Truth.”

Rowen pointed out that women become invisible “at a certain point” as they fail to get promoted to where they are qualified to be. She stated that women are not seen as leaders instead are viewed as “helpers, mothers, workers, people who get the work done.”

According to Rowen, diversity matters not only because research shows that companies are more profitable with diverse leadership but also because women comprise half the population.

The Delhi High Court has set aside an earlier stay order on the AAP government’s circular to ban the use of animal-origin ingredients in the manufacture of ‘chandi ka warq’, an item used as a decoration on sweets, and also in Unani and Ayurvedic medicines.

A bench comprising Justices Sanjiv Khanna and Chander Shekhar allowed the disposal of existing stock of the decorative item currently available with the traditional manufacturers of silver leaf.

The Delhi government had sent out a circular prohibiting the use of the material prepared by the traditional process based on a central notification.

Traditional Manufactures To Make Representation Before FSSAI

The court issued the judgement after hearing a petition filed by traditional manufacturers of ‘chandi ka warq’.  The petitioners have said that they would make a representation before the Food Safety and Standards Authority of India (FSSAI) to prove that their method was hygienic and without any risk of contamination.

In a July 2016 notification, the FSSAI had banned the use of the silver leaf prepared using the traditional method, wherein the intestine of a cow or buffalo is used, stating that it was unhygienic and may result in infection and contamination of the silver leaf.

In the traditional process, the silver is hammered into a thin sheet while placed inside the intestine of a cow or buffalo.

FSSAI Says New Method Available

The FSSAI informed the court of a new method of manufacturing ‘chandi ka warq’ now available to create silver leaf involving sheets of black specially treated paper and polyester sheets covered in food-grade calcium powder.

The petitioners argued that their method wasn’t unhygienic as the animal skin is typically dried and processed.

The bench has asked the petitioners to present their case before the FSSAI and has recommended that the authority take a decision and communicate it within three months of receiving the said representation.

The 4^th edition of the UILS’ National Law Festival, Arguendo’ 2018, was held recently and as a part of it the All India Gurcharan Singh Tulsi Criminal Law Annual Moot Court Competition 2018 was conducted wherein the School of Excellence in Law, Chennai took the first prize.

The 7th UILS National Client Counselling Competition, 2018 was also held as a part of it, in which Symbiosis Law School, Pune took the top spot, with the team from Punjab University coming in as the runners-up.

Law Colleges Nationwide Participated

Around 48 teams from across the country participated in the two events, which were held over three days (February 2 to February 4).

The Moot Court Competition saw teams participating from a number of top law colleges including RGNUL, Patiala, Amity Law School, Noida, SLS, Pune and Noida’s Nirma University

The finals were organised on February 4 which the team from School of Excellence in Law, Chennai won. They took home Rs 1 lakh as cash prize and a winners’ trophy . The runners-up, Symbiosis Law College, Noida won Rs 60,000 cash prize

The coordinators of the event Dr Jai Mala and Dr Amita Verma, gave guidance to the teams.

Competition Adjudged By Eminent Members of Law

The event was adjudged by a panel of UILS’ alumni, advocates as well as judges from the District Court and the Punjab and Haryana High Court.

The final rounds were presided over by an alumnus of Punjab University KTS Tulsi who is currently a leading Supreme Court lawyer, along with Justices Arun Palli and Jitendra Chauhan, both sitting judges of the Punjab and Haryana High Court.

An expert committee of the Bar Council of India (BCI) has recommended that legislators can be allowed to pursue a legal practice even after their election

Three of the committee’s four members, BC Thakur, Rameshchandra G Shah and DP Dhal, said in the report that MPs, MLAs and MLCs show be allowed to practise law under certain conditions.

The fourth member Prabhakaran, who had been co-opted to the committee differed on the issue.

Matter Adjourned By BCI

Although the report was discussed by the BCI at its general body meeting held earlier this week, no decision was taken.

Manan Kumar Mishra, chairman,Bar Council of India stated that the bar council had deferred a decision as the matter needed “deeper consideration.” He said that the issue had been adjourned for a week.

The matter regarding elected official practicing the law was raised by advocate Ashwini Kumar Upadhyay.

Practice ‘illegal and unconstitutional’

In his petition, Upadhyay had questioned the dual role being played by MPs and MLAs when they continue practicing law after their election.

He said that the practice was “illegal and unconstitutional”, and also “unethical and immoral.”

Upadhyay highlighted that legislators are required to place “full-time service to the public and their constituents” before their personal interests and has also highlighted “the nobility” of the post. He has demanded that the provisions of the Advocates Act and the BCI rules must ensure the “letter and spirit” to maintain a clean and efficient bar.

After receiving the complaint, BCI issued notices to eminent MP/ MLA lawyers like Kapil Sibal, Abhishek Manu Singhivi, Bhupendra Yadav to gather their responses.

Over the years politicians in India have increasingly mixed religion and politics despite the authors of the Constitution seeking to separate the two elements.

In fact, under the Constitution, secularism has been laid down as the cardinal principle of governance. However on the ground politicians see the mix of religion and politics as a potent vote catching mechanism.

In current scenario, as a result of competing sectarian politics there are discussions of parties adopting a soft Hinduism line rather than “ Hindutva”, a term referring to fanatic Hinduism, particularly in light of notorious cow vigilante groups gaining prominence.

The Supreme Court has on several occasions attempted to differentiate between the terms ‘Hindu’, ‘Hinduism’ and ‘Hindutva’ . The court has tried to define it in different contexts — ranging from pure religious point of view to use of religion in elections.

In all its judgements the SC has however never identified Hindutva as the militant or fanatic version of Hinduism.
Hindu Religion Not Bound By Narrow Definitions 

Nearly half a century ago, a five-judge constitution bench comprising Chief Justice P B Gajendragadkar, K N Wanchoo, M Hidayatullah, V Ramaswami and P Satyanarayanaraju in ‘Sastri Yagnapurushadji’ case [1966 SCR (3) 242] had sought to provide the historical and etymological genesis of the word ‘Hindu’.

In the judgment for the bench, Justice Gajendragadkar stated that the genesis of the word ‘Hindu’ has been controversial, but it is generally accepted that the word comes from the river Sindhu, or Indus that flows via Punjab.

The judgement further noted that it is difficult to define the Hindu religion or “even adequately describe it”. The court pointed out that in the Hindu religion, there was no one prophet, or one god or even one philosophical concept. The religion does not fit into “narrow traditional features” of any religion or creed, and it may be described as “a way of life and nothing more,”  the court said.

In 1966 the SC attempted to define ‘Hindu’ in its judgement in ‘Commissioner Wealth Tax, Madras vs Late R Sridharan’ [1976 (Sup) SCR 478], stating that as Hinduism “embraces so many diverse forms of beliefs, faiths, practices and worships” that it is hard to define the term ‘Hindu’ with precision.
In recent years, reacting to perceived appeasement of a certain community by some politicians, other sections of politicians have launched ‘save Hinduism’ election campaigns, which seem against the Constitution’s ‘secularism’ spirit.
Do ‘Hindutva’ Speeches Violate the Representation of the People Act?

The Representation of the People Act has in fact banned candidates from seeking votes on the basis of religion.

The erstwhile chief of Shiv Sena  Bal Thackeray had made a series of ‘Hinduism’ and ‘Hindutva’ themed speeches, while campaigning in 1987, which was debated in the SC.

The SC considered the question: whether the use of ‘Hinduism’ and ‘Hindutva’ in an election campaign was against the RP Act?

Hindutva Term Not Necessarily Hostile To Other Religions

A bench led by Justice J S Verma in Ramesh Yeshwant Prabhoo case [1996 SCC (1) 130] had stated that the words ‘Hinduism’ or ‘Hindutva’ may not be “understood and construed narrowly,” in relation to strict Hindu religious practices outside of “the culture and ethos of the people of India”, relating to the “way of life of the Indian people.”

It also said that considering the terms to indicate “hostility, enmity or intolerance” towards other faiths or to profess communalism, is the result of “an improper appreciation and perception” of the true meaning of these terms.

The judge said that the misuse of the expressions to promote communalism will not change the “true meaning” of these terms, adding that such misuse of the terms must “be checked .“

The SC concluded by stating that it was  “a fallacy and an error of law” to assume that references to Hindutva or Hinduism in a speech makes it a speech based on the Hindu religion or that it indicates a hostile attitude to other religions.

Considering these rulings, the self-appointed guardians of Hinduism need to make a conscious attempt to assimilate and reflect all the cultures and customs in India .

India has laid the foundation for taxing the income of foreign digital service companies to boost revenue and join the global move to end the practice of base erosion and profit-shifting typically used by multinational companies.

The 2018 Budget has proposed a new rule that indicates that a MNC can have a business connection in India despite not having a physical presence in the country.
Move To Benefit Local Digital Enterprises

Tax officials have said that the rule targets digital companies like Google and Facebook which are based overseas but provide digital services in India and also app developers having users in India,.

The measure intends to encourage Indian digital enterprises and provide a level playing field for them, apart from pushing foreign entities to set up shop here.

The measure comes in wake of the equalisation levy, called the Google tax ,being introduced in 2016, covering online advertising payments made to foreign entities with a permanent establishment in India.

Under this rule, such companies are required to pay 6% of the gross payments to the government and receive an equivalent deduction at the time of computing income for tax purposes.

When a company has a permanent establishment in India, tax is paid on its income, just as local companies do.

Companies Must Pay Tax Everywhere They Make Profit

A tax expert noted that companies selling digital goods or services having a taxable presence in India can be viewed as an alternative to the equalisation levy.

The new measure uses a principle highlighted by the OECD that every government possess the right to collect tax that is due on any value created in the economy and that companies are required to pay necessary tax in every market wherein they make a profit.

Foreign digital service companies which are based in countries having applicable tax treaties with India will not be affected, however India may have to renegotiate the tax pacts to include the proposed rule.

The Bombay High Court dismissed a PIL challenging the remission of actor Sanjay Dutt’s sentence in the 1993 serial bomb blasts case stating that it has not found any violations by the state.

Dutt was allowed to leave the Yerwada prison in Pune last year eight months before the completion of his five-year sentence , for “exemplary conduct displayed” during his time in the jail.

The PIL had also questioned the “frequent parole and furlough” leaves granted to him.

State Has Proven Its Claims

A bench comprising Justices S C Dharamadhikari and Bharati Dangre noted that the state government had successfully backed its claims of impartiality by offering valid documents from the Home department.

In its order, the court stated that there was “nothing contrary in the records” given by the state Home department and in the state’s explanation. It has also clarified that no “violations or abuse of discretionary powers”  were found .

Develop Scheme For Deciding Parole And Furlough Applications

The court has however directed the state to devise a scheme by which all applications by convicts for parole and furlough are henceforth decided upon expeditiously and transparently.

The bench stated there must be no impression of “favours” while allowing parole or furlough.

According to the PIL, even though there were several other inmates who had exemplary conduct, only Dutt was favoured by the prison authorities for the relaxation.

The state government had denied the charge.

In a previous hearing, the state provided a detailed chart containing the dates during which Dutt was out of jail on parole and furlough, as well as the reasons for the same, showing that due procedure had been followed.

The bench also highlighted that none of the inmates of the Yerwada prison had filed any complaints or allegations that their rights being breached or that Dutt had been granted undue favours.

The judges however cautioned against using PILs to target an individual. The bench noted that a Public Interest litigation must not be used as “a public(ity) interest litigation.”

Dutt was found guilty of illegal possession and destruction of an AK-56 rifle in 1993 serial blasts case.

As an undertrial , he spent just over a year and four months in jail and as a convict around two-and-a-half years between June 2013 and February 2016. In this period, he remained out of jail for around five months on parole and furlough.

The Bombay High Court has granted relief to a man who was denied a job in the Central Industrial Security Force (CISF) for having a tattoo on his arm.

The court in its ruling said that the tattoo cannot be considered an impediment in his appointment, and has asked the CISF to review his claim for employment as it had been acknowledged that he was eligible for the job in every way but for his tattoo.

Job Advertisement Failed To Specify Condition

The petitioner Shridhar Mahadeo Pakhare was found medically unfit for a constable/driver in the CISF due to a tattoo on his right arm.

According to Pakhare, the job advertisement had not stated that the candidate would not be eligible for recruitment to the CISF if the candidate had a permanent tattoo. Pakhare also pointed out that the tattoo was of a religious symbol which would not interfere with the duties assigned.

He however has informed the court that he has been making efforts to remove the tattoo using laser treatment, and that over 90 per cent of it was gone now. He added that he was continuing efforts to remove it completely.

Religious Sentiments Must Be Given Weightage

A bench of R M Borde and R G Ketkar noted that “religious sentiments of a citizen” needs to be given “due weightage” while recruitment adding that exceptions to the rule are made for higher posts.

The bench stated that there was “no reason” for the hold the petitioner “ineligible,” observing  that nearly 90 percent of the tattoo was now evidently removed . It said that since the petitioner was eligible for the employment in all other ways, his application must be considered.

Requirement A Discriminatory Practice

In his plea, Pakhare has said that the reason given by the Medical Board was “unreasonable” and interferes with “his religious sentiments”.

He has also observed that some selected exception was given in in the Armed Forces regarding tattoos that depict religious symbols or figures /names and said that similar exceptions should be extended by the CISF too as both are “disciplined forces.”

Pakhare has also alleged discriminatory practices by CISF as an advertisement for the post of a sub-inspector in 2017 allowed such tattoos, especially if they were religious in nature.

The court stated that simply because the post applied for by the petition was subordinate to that of the sub-inspector, “different parameters” regarding medical fitness cannot be applied. The bench has therefore said that it wasn’t “permissible” for the employer to treat differently the various classes of employees and apply “different parameters”  .

In its order , the bench has directed the government to considered the petitioner’s claim for employment and has said that the medical opinion which found the petitioner ineligible due to tattoo mark should not be “construed as an impediment” .

The Chief Justice of India (CJI) Dipak Misra has created a new system with respect to allocation of cases, a move that addresses one of the issues raised by the four senior-most Supreme Court judges in their controversial press conference last month .

The new system will come into effect from February 5, and under it, cases will be allocated based on the subject matter they deal with, as per a posting on the official website of the Supreme Court.

CJI To Hear PILs

In the new roster system, the CJI will take up all special leave petitions (SLPs), as well as all matters that concern public interest, social justice, elections, arbitration, and criminal matters.

These areas typically form the bulk of the matters heard by the apex court. The remaining judges will hear matters related to

• labour disputes
• taxation matters
• compensation matters
• consumer protection matters
• maritime law matters
• mortgage matters
• personal law matters
• family law matters
• land acquisition matters
• service matters
• company matters etc

Change Triggered By Judges’  Concerns 

On January  12 Justices J. Chelameswar,  Ranjan Gogoi , Madan B. Lokur and Kurian Joseph  called a press conference in an unprecedented move where they alleged that the chief justice was failing to follow established norms in regards to allocation of cases among the judges of the apex court.

This they argued was likely to “adversely” affect the justice delivery system.

Justice Gogoi is next in line to become the CJI while Chelameswar  Joseph and Lokur will be retiring this year.

The judges went public with their grievances after submitting a seven-page letter of protest to the chief justice that morning . Justice Chelameswar said that the judges had decided to bring the issues to the public driven by the fear that a failure to communicate their concerns may result in jeopardizing the institution of the Supreme Court and thereby the democracy.

Cases Allocated ‘Selectively’

The judges’ letter had questioned the irregular procedures followed by the CJI for assigning cases.

The letter noted that often cases having “far-reaching consequences for the nation and the institution” were being assigned “selectively” to the preferred benches without “any rational basis” for such assignment. .

The case involving the controversial 2014 death of the CBI judge B.H. Loya who was handling in the Sohrabuddin Sheikh encounter case was cited as being one of them.  The case had been initially listed before a bench headed by Justice Arun Mishra but it has now been taken over by a bench headed by the CJI.

Among the issues raised by the judges  the delay in finalizing the memorandum of procedure (MOP) was also included. This document is created by the Union government and then given to the top court. It covers the procedure of appointment of judges to the higher judiciary.