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Review: Supreme Court Rules That Railways is Not Responsible for Theft of Passenger’s Belongings
Sai Krishna Muthyanolla
June 21, 2023
In this edition of court judgements review, we look at the Supreme Court’s judgements that Railways is not responsible for the theft of a passenger’s belongings, that unchallenged statement of the deceased’s wife regarding his salary was to be accepted as the gospel truth, Madras HC’s statement that preferential treatment of child in government hospitals which are already flooded with patients is not possible, among others.
SC: Railways is not responsible for theft of passenger’s belongings
In the case, Station Superintendent & another vs. Surender Bhola, the respondent was travelling through a train of the Indian Railways when the cash he was carrying, one lakh rupees, got stolen. He filed a case before the district forum seeking reimbursement of the stolen money as he contended that the theft was due to the deficiency in the services of the Railways. The forum allowed the plea and asked the Railways to reimburse the amount. The case was then taken to the State as well as National Consumer Disputes Redressal Commissions which also upheld the same decision.
The Bench of Justices Vikram Nath and Ahsanuddin Amanullah of the Supreme Court while hearing the appeal by the Indian Railways, set aside the orders passed by the commissions and the forum and stated that the railways cannot be held responsible for the theft if the passenger failed to protect his own belongings.
SC: Unchallenged statement of the deceased’s wife regarding his salary was to be accepted as the gospel truth.
The appellants in the case Mamta Devi & Others vs. The Reliance General Insurance Company Limited & Another are the family members of deceased Vakil Choudhary who was a truck driver. The family had filed a claim petition before the ‘Deputy Labour Commissioner-cum-Commissioner for Workmen Compensation’, seeking compensation for his death which occurred during employment. They had claimed that the deceased was earning Rs. 6,000 per month which was also admitted by the employer. The respondent insurer of the offending vehicle had filed its written statement. However, the matter was not followed up by the employer or the insurer.
Based on available material evidence that came to be placed by the claimants, the Deputy Labour Commissioner-cum-Commissioner for Workmen Compensation, the income of the deceased was taken as Rs. 3,900 per month as per the minimum wage of Rs. 150 per day. Hence, the amount payable by the insurer was passed for a lower sum. This was challenged before the Patna High Court which dismissed the appeal stating that it was a contested case. The High Court’s order was challenged at the Apex Court.
The Supreme Court Bench of Justices J K Maheshwari and Aravind Kumar observed that the Employer had admitted the statements in the appellant’s claim, and so the claim was uncontested. It also noted that the Insurer did not cross-examine the claimants and their witnesses and paid the amount without challenging the same.
Further, the Court also observed that the Deputy Labour Commissioner had erroneously computed the deceased employee’s wage as per minimum wage, even though the deceased’s wife had mentioned the monthly wage in her statement. It noted that the unchallenged statement of the deceased’s wife was to be accepted as the gospel truth.
The Bench took an empathetic view as the family has been waiting for compensation. Instead of remitting the matter back to the High Court, the Supreme Court set aside the High Court’s order and awarded an enhanced amount and a higher interest rate from the date of the accident to the date of payment after reducing the amount already paid by the insurer.
Bombay HC: Disqualification under Section 14 (1) (g) Maharashtra Village Panchayat Act, 1958 is possible only if contract is being granted or extended during the elected member’s tenure
In Mankarna wife of Nagorao Kale vs. State of Maharashtra, the petitioner had contested general elections for a gram panchayat in Maharashtra in 2021. She was elected as the Sarpanch from the ST category. Later that year, a village resident, Vitthal filed a complaint against the petitioner seeking her disqualification under the Maharashtra Village Panchayat Act, 1958. As per a provision of the Act, a member who has any share or interest in any work done by Panchayat’s order contract, directly or indirectly, by himself or through their partner may be disqualified. In this case, the petitioner’s husband did labour work of cleaning drainage, light fitting, etc. He was paid for his work by the petitioner after becoming Sarpanch of the Village Panchayat.
The High Court noted that the petitioner’s husband had done work in 2020, before the elections for which the payment was made by the Sarpanch after coming into power. The High Court Bench of Justice Arun R Pedneker allowed the petition adding that the petitioner’s payment to her husband is merely a consequence of the labour work done by the husband of the petitioner at an earlier point in time and so, the disqualification under Section 14 (1) (g) of the Act of 1958 is not applicable. The provision is applicable only in a contract is being granted or extended during the tenure of the elected member.
Madras HC: Preferential treatment of child in government hospitals which are already flooded with patients is not possible
The petitioner in the case, K Mubeena Babu vs. the Tamil Nadu Health & Family Welfare Department and Ors was pregnant and took treatment at the Primary Health Centre. She stated that her child’s health had deteriorated because of the negligence of the doctors at the Health Centre, who did not perform an anomaly scan at 18 weeks of pregnancy. Further, because of the lack of delivery facilities in the Health Centre, she was referred to another hospital where she delivered the baby. The baby was born with facial deformities because of which she was referred to another hospital which identified a cardiac anomaly in the baby.
She was then referred to and admitted to the Institute of Child Health and Hospital for Children for speciality treatment wherein the child was referred to take Echo Cardiogram. Cardio-Thoracic Surgery (CTS) was later recommended for further treatment. However, the hospital discharged her baby without conducting the CTS and asked her to visit the hospital in case of an emergency. As per the institute’s directions, she again visited the hospital after a month for an opinion on CTS but a physician at the hospital refused treatment of the child and informed her that there was no scope of life for the child.
While the petitioner appealed for a compensation of Rs. 25 lakhs for the negligence on behalf of hospitals, the Madras High Court Bench of Justice S M Subramaniam noted that the Institute of Child Health and Hospital for Children for speciality treatment had already constituted a committee of experts who are monitoring the child’s treatment. It noted that the doctors were already treating the child as per medical protocol and ethics and that there was no reason for the court to interfere with the treatment. Furthermore, it said that the government hospitals in the country are already flooded with patients and preferential treatment for the child was not possible. The bench dismissed the plea adding that the courts cannot be expected to interfere with the decisions of the specialist doctors regarding the treatment to be provided to patients.
Kerala HC: Government and Instrumentalities must be abreast with emerging global demands
In the case, Ejo P J vs. Regional Passport Office & Another, the petitioner was employed in Kuwait. He was alleged to have committed matrimonial offences by his estranged wife. The Police Clearance Certificate issued by the Regional Passport Office to be submitted to the Embassy of Kuwait did not contain a barcode because of which the Embassy refused to accept the same. The Passport Office contended that the clearance certificates are outsourced and cannot issue the certificate with a barcode when there is a pending criminal case.
The reason provided by the Passport Office for not issuing the certificate as per the required format was stated as cavil, naive, and unacceptable by the Kerala High Court. The Single Bench of Justice C S Dias stated that the certificates issued by the government and statutory authorities have to be internationally accepted considering India is a signatory to international conventions and treaties. He added that we are in an AI era and transforming into 5G and India is a front-runner in technology. Citing the requirement raised by the petitioner, in this case, is a demonstration that the government and instrumentalities have to be abreast with the emerging global demands, the bench asked the competent authority under the Ministry of External Affairs to take immediate steps to upgrade the central database and issue the Police Clearance Certificate with the barcode, scanned photograph and details of criminal cases of the person concerned.


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Review: Supreme Court Rules That States Must Protect 7 Sub-Rights While Acquiring Land - FACTLY
Sai Krishna Muthyanolla
May 22, 2024
In this edition of Court Judgements, we look at the SC’s ruling that stares must protect 7 sub-rights while acquiring Land, SC’s observation that fundamental right to health encompasses right of consumer to be made aware of quality of products, that Hindu woman can claim ownership of property under section 14 (1) of Hindu succession act, if only she possesses it, Madras HC’s order that a person does not need permission from authorities to perform customary religious practices without affecting the rights and freedoms belonging to others.
SC: States must protect 7 sub-rights while acquiring Land
In Kolkata Municipal Corporation (Appellant) vs. Biman Singh (Respondent), the Supreme Court (SC) was dealing with a matter of acquisition of property of the respondent by the appellant. The facts of the case were that the private property of the respondent was acquired by the Appellant, with the claim that it was given the powers to do so by sections 352 and 363 of the Kolkata Municipal Corporation Act. This was contested by the Appellant in the High Court (HC) of Calcutta. The same court held that neither section 352 nor 363 have vested direct power of acquisition to the Appellant; while section 352 had given power to identify the property for acquisition and refer it to the appropriate government for acquisition, section 363 only deals with fair compensation to be paid to the those who properties are acquired. Accordingly, the acquisition of the respondent’s property by the Appellant was held illegal by the HC.
The Appellant challenged this verdict in SC. While upholding the judgment of HC, the SC made several important observations, which are summarized hereunder:
These sub-rights weave themselves into each other, and as a consequence, State action or the legislation that results in the deprivation of private property must be measured against this constitutional net as a whole, and not just one or many of its strands.
SC: Fundamental Right to Health encompasses Right of Consumer to be made aware of Quality of Products
In Indian Medical Association & Anr vs. Union of India & Ors, SC was dealing with regulatory and grievance redressal procedures involved in prohibition and action to be taken, both suo motu and from consumer complaints, against false, misleading, surrogate, children targeting and other advertisements telecasted through Television (TV), Print Media, Internet, and other mediums.
The court noticed that though there are several laws, such as the Cable Television Regulation Act, Advertisement Code, and others, which provide for regulation of advertisements, the action taken figures on the complaints received by different authorities show a dismal picture. Therefore, the provisions of the Consumer Protection Act, which regulates matters relating to the violation of the rights of consumers by false/misleading advertisements, should be implemented with more vigour and intensity.
Further, it also held that the advertisers/advertising agencies are also equally responsible for issuing false and misleading advertisements and that such endorsements routinely made by public figures, influencers, celebrities etc. go a long way in promoting a product. Noticing the absence of a robust mechanism to deal with such issues, the court invoked its power under Article 32 of the Constitution of India and directed for the creation of Broadcast Sewa Portal wherein all the advertisers/advertising agencies are mandated to give a self-declaration that they will not advertise anything in contravention of Rule 7 of Advertising Code. The same direction was asked to be treated as enforcing the law under Article 141 of the Constitution.
SC: In matters of Civil Liberty of Citizen, every Single Day counts
In Amandeep vs. Central Bureau of Investigation (CBI), the SC was dealing with a Special Leave Petition (SLP) filed on the grievance of non-adjudication of bail application for 11 months by the High Court (HC), though the matter was heard by it for nearly 40 times.
The SC held that in the matters of civil liberty of citizens, every single day counts and that keeping the regular bail application pending for more than 11 months deprives the citizen of this valuable right. Accordingly, the SLP was disposed of with a direction to HC to decide on the bail application before the summer vacation.
SC: Hindu Woman can claim ownership of Property under Section 14 (1) of Hindu Succession Act, if only she Possesses it
In Mukatlal vs. Kailash Chand, the SC was dealing with the question of widow’s rights over the property, which were agricultural lands, of Hindu Undivided Family (HUF), in the absence of specific acquisition or possession of the property.
The facts of the case were that the Appellant is the great-grandson of deceased Kishan Lal, who was the sole owner of the property of HUF. Upon his death, the property was succeeded by his two deceased sons, Mangilal and Madholal. The property was vested by execution of a will by Kanwarlal, who is the son of Mangilal, in favour of Appellant Makatlal in 1949. Later, Kanwarlal passed away.
The wife of Madholal, Smt. Nandkanwarbai, in 1958, challenged the vesting of title and possession of property in favour of Mukatlal. This was dismissed by the civil court, but it was held that she had the right to maintenance from the suit property, being the widow. In 1959, Smt. Nandkanwarbai adopted Kailash Chand, Respondent, and in 1972, she passed away. After her demise, the Respondent filed suit, claiming for division of property between Makatlal and himself. The lower court at Ajmer, Rajasthan, dismissed the suit. Subsequently, the HC of Rajasthan gave the judgment in favour of Kailash Chand and held that he had the right over the property. This was appealed against by Appellant, Mukatlal, in SC.
The SC noted that the core question involved in the case is whether the respondent Kailash Chand is the legal heir of the Hindu widow Smt. Nandkanwarbai can claim the right of succession in the unpartitioned Joint Hindu Family property by virtue of Section 14(1) of the Hindu Succession Act, which stipulates “any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner”
The court noted that it was clear from the 1959 verdict of the revenue court itself that Smt. Nandkanwarbai was never in possession of the disputed property, and that she was only entitled to maintenance from the same. This verdict was never challenged by her. In order to establish full ownership of the undivided joint family estate under Section 14(1) of the Succession Act, the Hindu female must not only be possessed of the property but also have acquired the property. However, in the present case, neither Smt. Nadkanwarbai nor her adopted son Kailash Chand were ever in possession of the suit land.
Therefore, the judgment of the Rajasthan HC was set aside, and the appeal was allowed in favour of the Appellant.
Madras HC: Permits Rolling Over on Banana Leaves in which other people had partaken their Food (Angapradakshinam)
In P. Naveen Kumar (Petitioner) vs. District Collector & Ors (Respondents), the Madras HC held that the ancient Hindu religious practice of rolling over on the banana leaves on which other devotees have eaten their food (Angapradakshinam) is permitted and does not need authorities permission.
The facts of the case were that the practice of Angapradakshinam is a 120-year-old tradition, which was stopped by the government in 2015. The petitioner by a representation sought permission from the authorities to perform the same in the current year. Since there was no response from them, the petitioner approached HC.
The HC held that Angapradakshinam is an object of veneration and traditional belief. Each year, many believers of Sri Sadasiva Brahmendral throng to his Samadhi (Tomb) to perform Angapradakshinam as a ritual. In the same way, other religious practices such as devotees of Lord Muruga exhibiting their piety by piercing small hooks on his tongue, devotees of Amman undertaking fire-walk, carrying pot of burning coal etc., are inseparable features of Tamil religious culture.  Therefore, the HC held that the right to privacy also includes one’s spiritual orientation, without affecting the rights and freedoms belonging to others.
Accordingly, it held that the petitioner does not need permission from authorities to perform customary religious practices.

source: news-factly

license: Creative Commons - Attribution - https://creativecommons.org/licenses/by/4.0/

author: Sai Krishna Muthyanolla


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Review: Supreme Court rules that summoning and detaining a person without any registered crime is illegal
Sai Krishna Muthyanolla
September 22, 2021
In this roundup of court judgements, we look at Constitutional Courts’ remarks & directions on compensation and rehabilitation of families of deceased manual scavengers, the definition of Kashmiri Pandit vis-à-vis PM’s Relief Package, illegal detention, and access to information.
Bombay HC: Directed compensation and rehabilitation of widows of three deceased manual scavengers.
In the case Vimla Govind Chorotiya & Ors. Vs. State of Maharashtra & Ors., the high court directed the concerned District Collector to compensate and rehabilitate widows of three manual scavengers, who lost their lives cleaning septic tanks. The court directed compensation of Rs. 10 lakhs to be paid within a period of 4 weeks in accordance with the decision of the Supreme Court in Safai Karamchari Andolan Vs Union of India.
In the Safai Karamchari Andolan Vs. Union of India judgement, the Supreme Court had observed that it is the duty of all States and the Union Territories to fully implement the provisions of the Prohibition of Employment of Manual Scavengers Act, 2013 and to take action against the violators.
In the present case, the high court was hearing a plea filed by three women Vimla Govind Chorotiya, Neeta Santosh Kalshekar and Bani Vishwajit Debnath, whose husbands lost their lives while cleaning a septic tank in a private housing society in Govandi on 23 December 2019.
The Counsel for state submitted that in addition to compensation, the state government was further willing to rehabilitate the petitioners in accordance with Section 13 of the Prohibition of Employment of Manual Scavengers Act, 2013 by providing their children scholarships.
In addition, the high court passed the following directions:
The court further stated that it would monitor the case to ensure that all the provisions of the Prohibition of Employment of Manual Scavengers Act, 2013 are implemented. The matter is posted for further hearing on 18 October 2021.
J&K HC: All Hindus living in Kashmir Valley cannot claim benefits meant for Kashmiri Pandits
In the case of Rajeshwar Singh & Ors Vs. Union of India & Ors., the J&K high court held that all Hindus residing in the Valley cannot be said to be a Kashmiri Pandit, thereby allowing them to avail the benefits of the schemes meant exclusively for the Pandits.
In 2009, the Government of India issued Prime Minister’s Package for return and rehabilitation to Kashmiri migrants in Kashmir Valley. Subsequently, a survey was conducted with respect to the plight of Kashmiri Hindus who stayed in the valley and did not migrate in the wake of the law-and-order situation in the 1990s. It was based on an aforesaid survey conducted with respect to the living conditions of the non-migrant Hindu community of Kashmir, the said package was later extended to all non-migrant Kashmiri Pandits and Hindus as well.
In December 2020, the State issued an advertisement for filling up 1997 posts in a recruitment drive. The advertisement was also open for the Kashmiri Pandits who had not migrated. However, people were required to produce bonafide documents certifying that such candidates had not migrated and were, accordingly, not registered with the Commissioner (Relief).
The Deputy Commissioners were also to certify such candidates, seeking the benefit of special recruitment drive carried under Prime Minister’s package, belonged to the community described as “Kashmiri Pandits”. The Deputy Commissioners chose not to grant such certificates to a group of non-migrant Kashmiri Hindus, on the analogy that they did not belong to the community of “Kashmiri Pandits.”
In the present case, the Counsel for petitioners argued that the benefit of the Prime Minister’s Package cannot be restricted to only one community, i.e., “Kashmiri Pandits,” and ignoring other Hindu castes, communities, and clans who have similarly suffered due to the onslaught in 1990. It was further argued that the term “Kashmiri Pandits” is wide enough to include all non-migrant castes and communities of Hindus residing in the Valley and have similarly suffered as non-migrant Kashmiri Pandits.
To this, the Assistant Solicitor General of India and Counsel for Government opposed the petition emphasising that Rule 2 of the Jammu & Kashmir Migrants (Special Drive) Recruitment Rules, 2009, entitles the following category of people as eligible for the said posts:
Given the above classification, for Category, I, II and III, the Relief and Rehabilitation Commissioner for Migrants is the designated authority for authentication of the migrant status of the applicants. For Category IV, the Deputy Commissioner is the designated authority for authentication of the applicant’s status through the issue of the certificate.
The Counsel for Government clarified that there was no separate quota within the quota available for any migrant or non-migrant community regarding these posts. Justifying the rejection given by the Deputy Commission to a group of Kashmiri Hindus, they argued that the petitioners who are neither migrants falling in categories I, II and III nor do they belong to the Kashmiri Pandit family are not eligible to participate in the selection process.
Therefore, they submitted that in the absence of challenge to the Recruitment Rules of 2009 by the petitioners, the full effect to the rules is required to be given. They also brought to light a 2019 judgment of the Jammu & Kashmir High Court, where the Sikh community living in the Valley was denied consideration for 500 posts earmarked for non-migrant Kashmiri Pandits residing in Kashmir Valley.
After considering all submissions, the high court held that the petitioner’s argument cannot be accepted in the face of the clear language of the relevant rule. The high court also highlighted that that the petitioners have not challenged the amendments to the Rules of 2009 that provide the category of non-migrant Kashmiri Pandits for a revised package of Prime Minister for employment and rehabilitation.
In the absence of such challenge, the high court held that the, who are, admittedly, not Kashmiri Pandits but belong to different castes of Hindus, cannot be brought within the definition of “Kashmiri Pandits.” Applying the common parlance principle, the Court defined Kashmiri Pandit as members of a Kashmiri Brahmin community living in the Valley for generations and are distinctly identified by their dress, customs, traditions, etc. It was held to be a separately identifiable community distinct from other Hindus residing in the Valley like Rajputs, Brahmins other than Kashmiri Pandits, Scheduled Castes, Scheduled Tribes, and many others.
Supreme Court: Summoning and detaining a person without any registered crime is illegal.
In the case of M.A Khaliq Vs. Ashok Kumar, the Supreme Court held that summoning and detaining a person without there being any crime registered against them would be violative of basic principles.
The apex court was hearing the case of a man, whose wife had filed a complaint alleging offences under Section 498A of the Indian Penal Code. The man approached the Andhra Pradesh High Court seeking a direction not to arrest him without giving due notice under Section 41A of the Code of Criminal Procedure. The high court thus directed the police to strictly follow the guidelines laid down by the Supreme Court in Arnesh Kumar Vs. State of Bihar.
In Arnesh Kumar Vs. State of Bihar case, the SC issued the following directions:
He filed a Contempt Case alleging that despite the SC order, he was forcibly taken away by the police officer to Akividu police station in the name of counselling and detained. The high court held that the police officer is guilty of contempt of court and sentenced him to three months imprisonment.
After considering all submissions, the Supreme Court observed that the matter represents a violation of the directions issued by the SC not only in Arnesh Kumar vs. the State of Bihar but also in the case in D.K. Basu v. State of West Bengal. Both the cases lay down clear directions for the police for permissible and impermissible conditions of the arrest.
In conclusion, the apex court restored and modified the high court order by reducing the sentence of the police officer from three months to 15 days.
Delhi HC: Directs Delhi Labour Dept to ensure uploading orders passed by Employee Compensation Commissioners
In the case Ms Kamla Bhel Co. Pvt. Ltd. Vs. Smt. Sunita Mehta & Ors., the Delhi high court directed the Labour Department of the Delhi Government to ensure that orders passed by the Employee Compensation Commissioners are uploaded within a period of 3-4 working days on the portal of the Labour Department.
The Court was hearing a plea filed by a company alleging that it was never served with the order in the proceedings before the Commissioner, Employees Compensation, New Delhi.
In this regard, the Additional Labour Commissioner of the Delhi Government filed an affidavit submitting that it had issued an order directing all the Commissioner Employee’s Compensation to send the soft copy of the order to the System Analyst for uploading the same on the website of Labour Department.
The high court noted that although steps were taken for uploading orders within three to four days, the same was not fulfilled. The high court emphasised that uploading of orders is essential to ensure that litigants and lawyers are able to view and obtain orders without any inconvenience.
In conclusion, the high court directed that the Department ensure that the orders passed by the Employee Compensation Commissioners are uploaded within three to four working days on the portal of the Labour Department. The high court emphasised that non-compliance in this regard would be dealt with strictly. The matter has been posted for further hearing in December.
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Review: Supreme Court Rules That When Employer’s Question is Vague, Appointment Can’t be Denied Stating Suppression of Facts
Sai Krishna Muthyanolla
August 30, 2023
In this week’s review of Court Judgments, we look at the Supreme Court’s judgment that presumption of innocence is a human right, that once an appointment has been declared illegal, continuing in service becomes untenable, that when employer’s question is vague, they can’t deny appointment stating suppression of facts, and Kerala HC’s judgment which said that the term ‘relative’ confers a status which can only be achieved by blood, marriage or adoption.
Kerala HC: The term ‘relative’ confers a status which can only be achieved by blood, marriage or adoption
In Chandhini T K vs. State of Kerala, the complainant and the primary defendant were married under Hindu Law in 2009. Their marriage turned difficult, and she filed a complaint against her husband and other accused, accusing them of cruelty as per section 498A of the IPC (Indian Penal Code). She claimed that they committed the offense described in section 498A along with section 34 of IPC, which pertains to the common intention to commit a criminal act. Section 498A, IPC defines and provides punishment for cruelty committed by the husband or relative of the husband of a woman.
The petitioner approached the High Court to quash the criminal proceedings against her stating that the complaint against the petitioner was not maintainable under Section 498A, IPC as she was not a relative of the husband who was the first accused. She was the complainant’s husband’s live-in partner. The Kerala High Court Bench of Justice K Babu held that the term ‘relative’ appearing in Section 498A of IPC would not include the husband’s girlfriend or a woman with whom a man has a sexual relationship outside of marriage. It also noted that the term relative confers a status that can only be achieved by blood, marriage, or adoption. The Bench quashed the criminal proceedings against the petitioner.
SC: Presumption of innocence is a human right
In Suresh Thipmppa Shetty vs. State of Maharashtra, the appellant and Sadashiv Seena Salian were convicted by the Trial Court in a murder case. They were charged with entering criminal conspiracy in 1994-1995 to kidnap and murder a person. The Bombay High Court dismissed their appeals. They appealed to the Supreme Court.
The Supreme Court bench, comprising of Justices Vikram Nath and Ahsanuddin Amanullah observed that that the main people thought to be involved in the plot, as described by the prosecution, were found not guilty. With respect to the plans that didn’t include these key individuals, it was stated by the Court that they couldn’t establish certainty about it considering the evidence at hand. Furthermore, it noted that the appellants were not present at the scene of the crime, nor directly involved in its execution, and so their convictions could not stand.
It added that the presumption of innocence in favour of the accused and insistence on the prosecution to prove its case beyond a reasonable doubt are not empty formalities. That is, the Court stated that these principles were more than mere formalities and emphasized that life and liberty are not subjects to be treated lightly. However, the Court, while recognizing that certain offenses impose a reverse onus on the accused to prove innocence, it reiterated that this does not detract from the overarching principle of “innocent until proven guilty” for other criminal offenses. The Court reversed the convictions in the case, emphasizing that the fundamental right of being presumed innocent cannot be weakened. The Supreme Court acquitted the individuals.
SC: Once an appointment has been declared illegal, continuing in service becomes untenable
In Dulu Deka vs. State of Assam, the Supreme Court heard an appeal against a judgment of the Gauhati High Court which dismissed the claim of the appellant for release of unpaid salary from 2001 for working as an Assistant teacher in Assam. As per her claim, she stated that she was appointed as an Assistant Teacher at Bengabari M.E. School, under the purported vacancies in Udalguri Legislative Assembly Constituency. As per the terms of the order, her contract ended in 2002.
The Supreme Court bench comprising Justices Hima Kohli and Justice Rajesh Bindal noted that she had worked without salary for two decades. The Bench stated that even otherwise, it is difficult to believe that a person has been working for two decades without any salary. Even the writ petition filed by her in the High Court in the year 2008, claiming salary from 12 March 2001 onwards was seven years later. The Supreme Court held that once the appointment has been declared illegal and void ab initio by the Director of Elementary Education in Assam in 2001, continuing in service becomes untenable in the absence of a challenge to the cancellation order. Stating this, the bench upheld the High Court’s order.
SC: When employer’s question is vague, they can’t deny appointment stating suppression of facts
The case State of West Bengal vs. Mitul Kumar Jana involved the selection of a candidate for the post of constable in the West Bengal Police Force. There were allegations against the appellant that he had not disclosed information related to a criminal offence during the application process where the candidates fill in details about their criminal history.
The Supreme Court Bench comprising Justices J. K. Maheshwari, and K.V. Vishwanathan observed that the police constable was not legally bound to furnish information about pending criminal cases, as the query was specific about arrest, detention, and conviction. Whatever he was supposed to declare, he had declared, noted the Court. Referring to past judgements in a similar matter, the Court held that the information sought in the verification roll was not specific and vague in nature while the respondent has specifically disclosed the information which was required to be furnished. Taking into account the subsequent development of the clean acquittal of respondent for the petty offences, it requires objective evaluation by the authority, about the question of fitness, without giving weight to the issue of suppression of information. In short, the Court held that appointment can’t be denied citing suppression of facts when the query of the employer itself was vague.
SC: If both the accused and advocate don’t know the language in which the chargesheet is filed, the Courts can direct prosecution to provide a translated version of the document
In the case CBI vs. Narottam Dhakad, the Supreme Court was dealing with 2 chargesheets filed by CBI with respect to the offences arising out of the VYAPAM Scam in Madhya Pradesh. In the contention filed by an appellant that he did not understand the charge sheet filed in English, the Judicial Magistrate held that he ought to know English as he was an educated person. When the matter was referred to the High Court, it held that Hindi was the only language of the Criminal Courts in the state and that the first respondent was entitled to get a translation of the charge sheet in the language of the Court.
The Supreme Court Bench of Justices Abhay S Oka and Rajesh Bindal observed that if both the accused and his advocate are not conversant with the language in which the charge sheet has been filed, the Courts can always tell the prosecution to give a translated version of the charge sheet. Further, it added that there was no specific provision in CrPC that requires the investigating agency/officer to file it in the language of the Court determined in accordance with Section 272 of CrPC.


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Review: Supreme Court Says Land Acquisition Compensation Can’t Be Different Based on Nature of Ownership
Sai Krishna Muthyanolla
March 1, 2023
In this week’s review of Court Judgments, we look at Supreme Court’s judgment regarding validity of differential compensation based on land classification and its clarification for an earlier order regarding adoption. We also look at Karnataka High Court’s intervention to ensure pension arrears are paid to freedom fighter, Madras High court’s observation of police enquiries and Human right violation and Delhi Court’s judgment to demolish place of worship obstructing a pedestrian pathway.
102 years old Freedom fighter gets pension arrears after intervention of Karnataka HC
Karnataka High Court has directed the Ministry of Home Affairs to pay the pension arrears that were withheld from a 102-year-old Freedom fighter, as he was unable to submit the Life Certificate to the bank.
As per the case details, the pension of one Mr. H. Nagabhushana Rao (the petitioner)  was abruptly stopped on 01 November 2017. After enquiry, it was indicated that the pension was stopped because the petitioner has not submitted his Life Certificate for the year 2017-18. It was later submitted only on 24 December 2018.
The Government issued a sanction letter belatedly releasing pension for the period 24 December 2018 to 5 October 2020. However, the earlier arrears for the period 01 November 2017 to 24 December 2018 were not released. This amounted to Rs. 3.71 lakhs.
Hence, he approached the court with a petition for the release of the arrears. The court directed the respondents of the case to take appropriate action within two weeks. Since there was no action, the petitioner moved a contempt petition, post which the Ministry of Home Affairs issued a sanction letter, dated 5 December 2020.
However, the arrears were not released stating that the Life Certificate was not submitted. Hence, he once again approached the court, which considered the petition and directed the Government of India to take appropriate action and disburse the arrears based on the terms of the scheme.
A communication was issued by the Government that the pensioner is not entitled to arrears as he did not submit the life certificate. Union government submitted that it is not responsible for deduction or non-payment of pension and non-submission of life certificate will automatically stop the pension because the entry is made by the Bank.
The bank argued that as per the guidelines of the scheme, the life certificate has to be submitted and it is not their responsibility to go and collect the life certificate.
The single Judge bench comprising of Justice M Nagaprasanna noted that the petitioner is the recipient of Swatantra Sainik Samman Gaurava Dhana as a Freedom Fighter, from the Government of India since 1974.
As per the Guidelines for payment of pension under the Central Samman Pension Scheme, the Bank is expected to visit the pensioner in case the life certificate is not submitted. This needs to be done to find out the reason for non-submission as this would help the Banks to have a timely update in case the pensioner has died and recover the excess payment made.
The court stated that although it is the duty of the pensioner to submit the life certificate, the duty also falls on the banker to check in case of non-submission rather than stopping the pension.
The court also expressed its regret for the apathy shown towards the petitioner who is very old. It noted that pension is a right and has a broader significance of ensuring socio-economic justice.
The court clarified that the Bank is not obliged to check in every case but needs to in the cases where there are genuine problems of pensioners who are unable to visit the bank.
Supreme Court: Land acquisition compensation can’t be different based on nature of ownership.
In its judgement relating to Civil appeals filed, Supreme Court struck down the classification made by the Greater NOIDA Authority between Pushtaini and Gair-Pushtaini landlords for the purpose of compensation.
In 1998, the Board of NOIDA classified the landholders into “Pushtaini” and “Gair-Pushtaini” for the purpose of granting additional compensation upon acquisition. The Pushtaini landholders were given additional compensation of @Rs. 3 per sq. yard along with 15% on the compensation awarded for rehabilitation bonus and 10% area of the acquired land. These benefits were not accorded to Gair-Pushtaini.
In 2009, the State government granted approval for the enhanced compensation for a certain class of landholders.
Petitions were filed before the Allahabad High Court challenging the decision of the Board and the State Government’s approval on this.
The Divisional Bench of the High court upheld the classification as reasonable. In the other petitions filed, the Division Bench of the High Court disagreed with the decision of the co-ordinate bench. Hence, it was referred to the Full bench of Allahabad high court. The Full bench also upheld the classification. Then, appeals were filed in the Supreme Court.
Supreme Court looked into the definition of Pushtaini and the rationale for the classification of the land. The court did not agree with the line of argument that only the Pushtaini (hereditary) landowners permanently reside in the land or is their primary source of income. It noted that there are many Gair-Pushtaini who depend on land as their primary source of income. It opined that the burden of proof regarding the classification rests with the authority.
The Supreme court bench referred to various earlier cases and the different tests conducted in those cases to validate the classification. It proceeded to strike down the classification and held that:
Supreme Court: Order allowing couple to adopt not meant to supplant CARA process
A clarification was issued by Supreme Court regarding an order passed by it in the case, P vs. UoI And Anr. A petition was filed by an unmarried woman seeking termination of pregnancy.
AIIMS reported that there was a high probability of the baby coming out alive if the 29-week pregnancy was attempted to be terminated. Hence, the Court persuaded the woman to opt for delivery. The woman, who is a 21-year-old student, expressed her difficulty in keeping the child.
During the proceedings, the Solicitor General informed the Court about the willingness of a couple to adopt a child. The couple was already registered with the Central Adoption Resource Authority (CARA). The court had passed the order allowing the couple to adopt the child.
Later, the court provided a clarification that the order was passed in view of the extraordinary circumstances and is not meant to supplant the regular adoption procedure of CARA. It stated that in view of the unwillingness expressed by the woman to raise the child, it was required for it to intervene and pass the judgment to allow the adoption.
Madras HC: Every Instance of casual police enquiry cannot be termed as Human Rights violation.
In the case Lakshmanan vs. The Secretary SHRC, Madras High Court observed that not every instance of casual police enquiry can be termed as a Human Rights Violation.
The two-judge bench of Madras High court was hearing a plea by an Assistant Commissioner of Police challenging the order of the State Human Rights Commission. The order directed him to pay Rs. 25, 000 to a man and recommended departmental action against the ACP.
The order of SHRC was based on a complaint by one Ramesh, who contended that the petitioner (ACP Lakshmanan) has colluded with third parties and forced him to go for a settlement with respect to some pending payment.
The petitioner put for the argument that he has merely called Ramesh to the station with respect to a complaint and had not conducted any settlement as alleged. The Court was informed that Ramesh has the habit of approaching different police stations with different lawyers and insisting on registering FIRs.
The court noted that there was no allegation of mental harassment or torture or illegal detention, and hence, it cannot be considered as a Human Rights Violation.
Delhi HC: Allows demolition of portions of Mandir, Masjid in view of larger public interest
In the case, Devendra Kumar ors vs. State (NCT of Delhi) & Ors, Justice Prathiba M Singh of Delhi High Court observed that places of worship cannot encroach on public land and hinder developmental activities meant for the larger segment of the public.
The court was hearing a plea filed by caretakers of “Sanathan Dharam Mandir or Prachin Shiv mandir”, challenging an order issued by the Delhi Government’s Executive Engineer.
The order stated that the mandir was part of the encroachments and unauthorised occupation on the PWD land. However, the petitioners submitted that the temple had not done any encroachment and the removal of the same would cause inconvenience to the devotees.
Delhi Waqf Board was also included in this matter, as a Masjid adjacent to the temple was also on the PWD land.
The proofs submitted by Delhi Government, which include photographs, show that the pedestrian pathway was obstructed by both the mandir & masjid.
In view of the conflict between the larger public interest and the inconvenience to devotees, the court relied on the judgment in the case Gulam Kadar Ahmadbhai Menon vs. Surat Municipal Corporation.
It noted that removing such places for purpose of carrying out the expansion of the road does not mean that a religious structure is being disrespected. It observed that the larger public interest would outweigh the concerns raised by both the mandir and masjid.
It directed the concerned executive engineer to arrive at a consensus with the caretakers of the mandir and masjid to determine the date on which the demolition would take place.
It further directed that the mandir & masjid or the occupants shall not be treated as unauthorised occupants and that no penalties or damages be levied upon them. It also directed the PWD to ensure toilet facilities for both the mandir and masjid at its own cost.


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Supreme Court says that a Will’s genuineness is not based on whether distribution was fair & equitable
Sai Krishna Muthyanolla
April 6, 2022
In this review of Court judgments, we look at Kerala High Court’s directions regarding the powers of Family Courts, Allahabad High Court’s observation regarding a bail application and rejecting the applicant’s theory of Right of Private defence.  We also look at Supreme Court’s observation regarding repayment of amount regarding an irregular appointment and its observation regarding a Will.
Kerala HC: Family courts can order enquiry to find out the truth
A Division Bench of Justice A. Muhamed Mustaque and Justice Sophy Thomas of the Kerala High Court observed that the presiding officer of a Family Court was not expected to remain a neutral umpire while resolving disputes but was empowered to order enquiry to find out the truth.
In the case Nisha Haneefa vs. Abdul Latheef & Ors, the Kerala High Court made some important observations regarding the functions of the family courts in India and asserted that a family court is empowered with inquisitorial powers.
The question put forth before the High court, in this case, was if Family Courts have to remain neutral umpire of the real dispute between the parties.
Getting into the details of the case, the petitioner i.e., the wife has moved the family court against her husband and his parents claiming the realisation of patrimony and recovery of gold ornaments.
The Family court suspected a collusive effort between the husband and wife against the husband’s parents and ordered an enquiry to see if they were residing separately, if so, since when. The family court had this suspicion after the in-laws of the petitioner alleged that the petition was filed to counter the action of the husband’s father, who revoked the settlement deed executed in favour of the husband.
The petitioner approached the High Court challenging Family Court’s order for enquiry.
As per Sections 9, 10 and 24 of the Family Courts Act, it was found that Family Court was specially entrusted with the powers that distinguish it from an ordinary civil court.
Based on the provisions in the Family Courts Act, the High Court observed that while dealing with a dispute, the Family Court has complete freedom to define the procedure for a speedy resolution and its decision cannot be questioned before a higher court.
The court also made observations on the role of the presiding officer in the Family court. It noted that while the Family court may require following the procedures, it does not restrict it from using inquisition.
It highlighted that the focus of the adjudication is on the parties and not on the disputes. The High Court further observed that the focus of Family courts on the disputes and the ensuing orders is resulting in these orders being challenged in higher courts.
Allahabad HC: Upholds a life sentence and states that the Right of private defence is not acceptable
In the case Raj Kumar and Raj Kishore vs. The State, Allahabad High Court (Lucknow Bench) rejected the theory of ‘Right to Private Defence’ put forth by the convict (first appellant) and upheld the life imprisonment awarded by the trial court.
However, the bench consisting of Justice Ramesh Sinha and Justice Saroj Yadav, set aside the conviction of the second appellant as the court has noted that the prosecution has failed to prove a prior meeting of both the appellants.
The case was a 42-year-old case, where-in as per the FIR, the uncle (Prabhu Das) of the complainant found the cattle of the first appellant grazing and destroying the paddy crop and reached out to the second appellant to complain about the same.
Both the first appellant and the second appellant had an altercation with Prabhus Das, with the former bringing a gun and the latter a stick. In the following altercation, the father of the complainant of the case was shot by the first appellant with a gun. While this claim was contested stating that the deceased and others have initially provoked with the usage of a country-made pistol, the trial court concluded that both the appellants had a common intention to kill, and both were held guilty under Section 302 read with Section 34 of IPC along with Section 305 for causing grievous hurt to Prabhu Das.
In the current case before the Allahabad High court, the first appellant raised a plea that he had fired the gun in the exercise of his right to private defence. The court observed that the second appellant had not stated anything about the exercise of the right of private defence. Furthermore, there was no country made pistol found near the dead body and the first appellant did not receive any injury nor was there any damage to his property. He also had an option to escape from the place instead of retaliation.
Hence, the court concluded that the first appellant had fired upon the deceased with the intention to kill and is rightly punished by the trial court. As for the second appellant, there was no evidence that proved that he had prior interaction with the first appellant and hence is not a party to shooting the deceased. However, he is prosecuted for causing grievous hurt to the uncle of the complainant.
Supreme Court: Even if the appointment was irregular, State must pay the salary for work done by an employee
In the case, Man Singh vs. State of Uttar Pradesh, the Supreme court set aside a direction to recover from a person the salary paid to him after the appointment as a teacher was found to be irregular.
The bench comprising of Justice Hemant Gupta and Justice V Ramasubramaniam noted that the person had worked for nearly 24 years before the service was cancelled on the basis of the appointment being irregular. He was a relative of a member of the selection committee and the appointment was against the rules. While cancelling the appointment, the State has also directed for the recovery of the salary paid to him.
The bench noted that the high court ought to have taken cognizance of the 24 years of service. Even though the appointment was irregular, the appellant has discharged the duties. Hence, the State cannot take any work from any employee without the payment of any salary.
The Supreme Court set aside the earlier order and directed the authorities to treat the appellant as retired on the date of order and pay pensionary benefits if any.
Supreme Court: Will’s genuineness is not based on whether the distribution was fair & equitable
In the case of Swarnalatha vs. Kalavathy, the Supreme Court observed that the exclusion of one of the natural heirs from the bequest in a Will, cannot by itself be a ground to hold that there are suspicious circumstances.
The case is in respect to two Wills and Testaments, one by the father and another by the mother of the appellant. They were set aside by the Madras High Court citing suspicious circumstances. As per the high court, the total exclusion of the daughter from the bequest and not being mentioned in the wills, and the dates on which the daughter was paid certain amounts point towards suspicious circumstances.
The bench comprising of Justice Hemant Gupta and C. Ramasubramanian remarked that there is no scope for the court to see whether the distribution made in the will was fair and equitable to all the children.
The Supreme court stated that it was not even a case where the testators were not in a sound and disposing state of mind. The exclusion of natural heirs cannot be by itself a ground to hold suspicious circumstances. Further, the reasons given in the Will are convincing enough to show the exclusion happened in a natural way.
The Apex court referred to earlier cases, where the cases in which suspicion is created are essentially those where either the signature of the testator is disputed, or the mental capacity of the testator is questioned.
Allahabad HC: Long periods of incarceration and no possibility of a concluding trial can be fresh ground for bail application
Allahabad High Court’s bench comprising of Justice Rajesh Singh Chouhan observed that if there is no possibility of the trial concluding in the near future and the accused is in jail for a substantially long period by then, such a long period of incarceration can be considered as a fresh ground for granting bail
The bail application was submitted by Anokhi Lal, who has been in jail since April 2018 under Dowry Prohibition Act.
The court was dealing with the second bail application of Anokhi Lal, who was booked under Sections 498-A & 304-B IPC and Section 3/4 of the Dowry Prohibition Act in connection with dowry death.
The Counsel applying for the bail argued that three years have passed in trial while there was a direction of the High Court to the trial court to conclude the trial within five months. Since the accused is cooperating with the trial, the delay is not a fault of his but on part of the prosecution.
Allahabad High Court has taken into consideration the Supreme Court order in the case of K.A.Najeeb and Paras Ram Vishnoi, to grant the bail.


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Review: Telangana HC acquits a TRS MP in an election related offence
Sai Krishna Muthyanolla
September 15, 2021
In this roundup of court judgements, we look at Constitutional Courts’ remarks & directions on queerphobic MBBS content, investigations under UAPA, principles of natural justice, misuse of public funds, and an election bribery case.
Kerala HC: Directs medical education board to look into queerphobic MBBS course content
In the case Queerythm & Anr. Vs. National Medical Commission & Ors, the Kerala high court directed the Undergraduate Medical Education Board to act on a representation made by two NGOs representing the queer community seeking the removal of discriminatory and inhuman references about the LGBTQIA community in MBBS textbooks.
The plea was filed by two NGOs named “Queerythm” and “Dhisha”. They primarily challenged the curriculum and contents of the medical textbooks. The writ petition was filed to expose the discriminatory remarks and inhuman references used in the medical textbooks prescribed for Medical Courses in India which stereotypes the Queer community’s sexual or gender identities as an offence, mental disorder, or perversion. Such references are made in the textbooks even though the queer community’s rights are recognized by the Supreme Court of India and decriminalized homosexual sex between consenting adults.
The research wing of the petitioner organizations made detailed research among the medical textbooks prescribed for studies and references under the Kerala University of Health Sciences. They found that many textbooks under the university were perpetuating queerphobia, providing unscientific data and contains inhuman, derogatory remarks against the transgender community and sexual minorities.
The Bench of Chief Justice S. Manikumar and Justice Shaji P Chaly orally remarked that this was a “serious issue” and directed the ‘Undergraduate Medical Education Board’ to take immediate action on the petition. Before doing so, the ‘Undergraduate Medical Education Board’ was also directed to obtain the remarks and views of the Kerala University of Health Sciences, Thrissur. Such exercise shall be done within 8 weeks.
In an earlier order regarding the rights of LGBTQIA+ persons, the Madras High Court had also called for the revamp of the MBBS curriculum to avoid stereotypical references about the LGBTQIA community.
Supreme Court: Magistrates cannot extend the time to complete investigation in UAPA cases
In the Sadique & Ors. Vs. State of Madhya Pradesh, Supreme Court held that magistrates would not be competent to extend the time to complete investigations in Unlawful Activities (Prevention) Act (UAPA) cases. The only competent authority to consider such request would be “the Court” as specified in Section 43-D (2)(b) of the UAPA.
The appellants were arrested on in December 2013, under Sections 307, 34, 467, 468, 481 and 120-B of IPC, Sections 25 and 27 of the Indian Arms Act, Sections 3,10,13,15,18, 19,20,23,38 and 39 of the Unlawful Activities (Prevention) Act, 1967.
On 20 March 2014, while dealing with an application moved on behalf of the Investigating Machinery under Section 43-D(2)(b) of the UAPA, an appropriate extension was granted by the Chief Judicial Magistrate (CJM), Bhopal.
On completion of 90 days of their actual custody, applications on behalf of appellants were moved under Section 167(2) of the Code of Criminal Procedure seeking bail on the ground that no charge-sheet was filed by the Investigating Agency within 90 days. The High Court by its judgment (which is presently under challenge) rejected the prayer. It was observed by the High Court that since the CJM, Bhopal had passed an appropriate order on 20 March 2014, the period available for the Investigating Machinery to complete the investigation stood extended to 180 days.
After considering various provisions of the relevant statutes, the Supreme Court concluded that “so far as all offences under the UAPA are concerned, the Magistrate’s jurisdiction to extend time under the first proviso in Section 43-D (2)(b) is non- existent”. Consequently, the only competent authority to consider such request would be “the Court” as specified in the proviso in Section 43-D (2)(b) of the UAPA.
In view of the above, the apex court accepted the plea raised by the appellants and held them entitled to the relief of default bail. The apex court directed that appellants are to be produced before the concerned Trial Court within three days and shall be released on bail subject to such conditions as the Trial Court may deem appropriate to impose to ensure their presence and participation in the pending trial.
Allahabad HC: Quashed order canceling retailer’s license for selling beef, hurting sentiments
In the case Ikrar Husain Vs. State of U.P. And 3 Others, Allahabad High Court quashed an order of a Food Safety Officer who canceled the retailer license of a man, named Ikrar Husain, on the grounds of selling buffalo meat, thereby hurting the sentiments of a particular community.
The retailers’ license held by Ikrar Husain was obtained under the Food Safety and Standards Act, 2006 and was otherwise valid up to 21 January 2022.
The Bench of Justice Manoj Kumar Gupta and Justice Deepak Verma held that the order had been passed in violation of principles of natural justice. The court noted that no notice or opportunity of hearing was given to the petitioner before passing the order.
In conclusion, the high court quashed the order of the Food Safety Officer, with liberty reserved in favour of the respondents to pass a fresh order after notice and opportunity of hearing to the petitioner.
In the recent past, the Allahabad high court had quashed detention under the National Security Act, 1980 (NSA) against 3 men who have been accused of cutting small pieces of beef for selling purposes in a house in secrecy. The court held that cutting cow beef in pieces in the secrecy of their own house can at best be described as a matter affecting law and order and not public order. Our earlier review describes the case in length.
Madras HC: Interdicts state from printing photos of Chief Ministers on textbooks, schoolbags
In the case Oveyam Ranjan Vs. The State of Tamil Nadu and ors, the high court held that the practice of displaying photographs of Chief Ministers or other public functionaries on school bags, textbooks and stationery is abhorring and represents the misuse of public funds. Accordingly, the high court has directed that the practice must be discontinued with immediate effect.
The high court was hearing a writ petition, filed in the public interest, seeking directions to ensure that the unused stocks of textbooks, school bags and stationery used by children, and which carry the names and photographs of previous Chief Ministers should not be wasted since considerable public funds have been expended for the purpose.
It was submitted by the Advocate-General that a statement has been made on the floor of the State Assembly recently to the effect. The present dispensation will ensure that school bags, textbooks and stationery bearing the photographs or other signs of previous Chief Ministers will continue to be used till exhausted. It was also submitted on behalf of the State that the Chief Minister does not desire his photographs to be published in such material in the future.
The high court noted that accordingly, no further order need be made except directing the State that extreme care and caution be taken to ensure that public funds are not expended for publicity purposes of political leaders, including in hoardings and other material.
Telangana HC: Acquits MP Maloth Kavitha in cash-for-vote case
In a cash-for-vote case against sitting MP Maloth Kavitha, the Telangana high court acquitted Maloth Kavitha of the said offences.
The high court was hearing an appeal against the order passed by the Special Sessions Judge for Trial of Criminal Cases relating to elected MPs and MLAs.
The petitioner MP Maloth Kavitha was found guilty by the trial court of the offences punishable under Section 171-E read with Section 171-B of Indian Penal Code (IPC) and accordingly convicted and sentenced to undergo imprisonment for a period of six months and to pay a fine of Rs. 10,000. The above sections deal with the offence of bribery.
In 2019, Maloth Kavitha was contesting as Member of Parliament from Mahaboobabad Parliamentary constituency during the Parliamentary Elections of 2019. On receipt of credible information, the members of police went near a Ration Shop in S.C. Colony, Burgampahad and found a worker distributing money to voters and seized cash of Rs.9,400. The worker confessed to the police officials that he was distributing money on behalf of the MP candidate Maloth Kavitha.
After considering the oral and documentary evidence on record, the Trial Judge found the worker and MP guilty of the offences with which they were charged and accordingly convicted and sentenced.
The MP appealed in the high court against the above order submitting that the confession of the worker is not admissible under Section 25 of the Indian Evidence Act, 1872, since it was recorded in the presence of police officials. It was further submitted that there are discrepancies in the evidence of the investigating officers about the presence of voters and seizure of money.
On close scrutiny of the entire evidence available on record, the high court noted that except for the confession of the co-accused worker, there is no evidence about the involvement of the appellant Maloth Kavitha. The bench highlighted that it is well settled that under Section 25 of the Indian Evidence Act, a confession made in the presence of a police officer is inadmissible in evidence.
The court also noted that there are several contradictions and omissions in the evidence with regards to the alleged distribution of money to the voters, which are fatal to the case of the prosecution. None of the persons who are said to have received the amount have been examined. There is absolutely no evidence on record to show that Maloth Kavitha has given the amount or directed the worker to distribute the money to the voters, except the alleged confessional statement which is inadmissible.
Therefore, the high court concluded that there is absolutely nothing on record pointing out the guilt of the appellant Maloth Kavitha for the offence punishable under Section 171-E read with Section 171-B of I.P.C. The court hereby set aside and acquitted Maloth Kavitha of the said offences.
In several judgements, the Supreme Court has directed fast-tracking cases against MPs and MLAs. In September 2020, the SC asked the High Courts to formulate an action plan to rationalize the disposal of these pending criminal cases against sitting MPs and MLAs. The number of criminal cases pending against the sitting MPs and MLAs was 4,122 in December 2018 which increased to 4,859 in October 2020, according to the report filed by the amicus curiae Vijay Hansaria in the Supreme Court.
On 10 August 2021, the SC directed that Judges hearing the criminal cases against sitting or former MPs and MLAs should continue in their current posts until further orders of the Supreme Court, subject to retirement/death. One of the earlier stories describes this in length.
Featured Image: Important court judgements

created: September 15, 2021


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Telangana HC rules Infringement of Right to Life of rape victim outweighs Right to Life of child in womb.
Sai Krishna Muthyanolla
October 27, 2021
In this roundup of court judgements, we look at Constitutional Courts’ remarks & directions about the protection of endangered ethnic communities in Tripura, rights of a rape victim, directions against the practice of prohibiting cremation or burial of persons belonging to marginalized castes in common burial grounds and safe movement of women and children around liquor stores.
Tripura HC: Asks govt to form an expert committee to assess the condition of the endangered Karbong community.
In the Court on its own motion Vs. State of Tripura and Ors., the Tripura high court directed the Central and State governments to conduct a detailed study on the Karbong community, which is alleged to be on the verge of extinction due to poor socio-economic conditions and submit the findings by way of an affidavit by 09 November 2021.
The high court took suo motu cognizance of a news report highlighting the plight of Karbong community, which is on the verge of extinction due to their poor socio-economic conditions. The news report titled ‘Karbong community at the verge of extinction’ was published by the “Tripura Observer” on 12 October 2021. The Karbong community is a sub-tribe of the Halam community of Tripura residing in a small hamlet of the Atharamura hill range. Reportedly, only 122 people of the community belonging to 31 families are now surviving.
The State-owned oil and gas exploration company ONGC (Oil and Natural Gas Corporation) adopted Karbongpara in January 2018 to provide basic amenities including educational support, healthcare through its CSR. The high court directed the ONGC to file an affidavit indicating the steps undertaken as part of their CSR (Corporate Social Responsibility) activities in the Karbong community.
The bench of Chief Justice Indrajit Mahanty and Justice Subhashish Talapatra has slated the matter to be heard next on 12 November 2021.
Telangana HC: Infringement of Right to Life of rape victim outweighs Right to Life of a child in the womb.
The Telangana high court permitted a minor rape victim to terminate her 26-week old pregnancy and observed that the life of the foetus (or unborn-born child) cannot be placed on a higher pedestal than that of the life of the mother.
The high court was hearing a petition moved by a 16-year-old minor victim (through her parents) seeking permission for medical termination of pregnancy as per the provisions of the Medical Termination of Pregnancy Act 1971 (MTP Act), as amended in 2021. The 2021 amendment extended the upper limit for medical termination of pregnancy to 24 weeks, from the present stipulation of 20 weeks, for certain categories of women.
The petitioner’s counsel argued that a woman’s right to make a reproductive choice is a facet of personal liberty as enshrined under Article 21 of the Indian Constitution.
It was further submitted that there is a threat to the physical and mental health of the petitioner, aged 16 years, as the formation of foetus is not a choice but purely circumstantial, as the pregnancy is the result of sexual assault and rape. It was emphasised that the petitioner at her tender age is not in a position to bear the child physically, mentally, and financially.
The high court noted that if the minor victim is not allowed an abortion then there exists every possibility of her undergoing severe physical and mental stress, which may have an adverse effect on her future health and prospects.
In conclusion, the high court held that although there exists restriction under the MTP (Amendment) Act 2021 for terminating pregnancy older than 24 weeks, it is settled law that the Constitutional Courts are empowered to direct termination of pregnancy even if the foetus is more than 24 weeks old.
The high court directed the concerned hospital to take all appropriate precautions and medically terminate the pregnancy of the minor victim.
Madras HC: Directed state to prevent ‘loathsome practice’ of prohibiting cremation/burial of marginalized communities in common burial grounds.
In S Amirthavalli Vs. The District Collector, Coimbatore and Ors., the high court observed that the ‘loathsome practice’ of prohibiting the cremation or burial of persons belonging to marginalized castes in common burial grounds continues in several villages.
The high court was hearing a petition seeking directions to prevent the burial or cremation of dead bodies at certain government land in Pollachi. During the hearing, the High Court was apprised that the concerned land was being used to cremate dead bodies of persons belonging to a lower caste, as members of this community were not being allowed access to the nearby burial ground.
The bench of Justice N Anand Venkatesh directed the state authorities to take strict action if it is found that cremation of dead bodies is not being allowed based on caste.
The judgement notes that the right to decent burial is protected under Article 21 of the Constitution and it must be ensured to all, irrespective of caste or creed.
In response, the government informed the high court that the concerned Block Development Officer had been directed to ensure that persons belonging to all communities are permitted to use the common burial ground.
The high court also directed stringent actions to be taken against perpetrators of such condemnable practices. The bench emphasised that a complete revamp on people’s attitude must be brought forth by taking stringent action against persons who follow such inhuman practices.
Kerala HC: Long queues outside liquor stores hinder the safe movement of women & children.
In the case My Hindustan Paints v. S. Aanathakrishnan IPS, the Kerala high court urged the Excise Department and BEVCO (Kerala State Beverages Corporation) to start thinking about providing walk-in facilities at liquor outlets, instead of letting people line up in the streets.
The high court a contempt petition regarding the non-implementation of the high court’s order to provide a dignified way to citizens to purchase liquor from BEVCO outlets. The order issued four years addressed the overcrowding and lack of basic facilities at these outlets.
The high court noted that if liquor stores were like all the other stores with a walk-in facility, it would solve the problem of safety and security on streets. since these liquor outlets are small and dingy, people line up on the streets, making it unsafe for women and children to safely walk through these areas.
In response, the high court was informed that the State’s Excise Department had taken several fast-paced towards the improvement of liquor stores. About 33 shops have been upgraded, 12 new buildings have been identified as suitable locations to establish liquor stores and other similar developments. Further, to avoid overcrowding at the stalls, online booking services were also made available.
The bench of Justice Devan Ramachandran directed the respondents to initiate steps to make all liquor stores in the state walk-in shops. The case has been posted for further hearing on 09 November 2021.
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Telangana HC says that assurance by chief minister, ruling party or even by the governor does not become law of the land.
Sai Krishna Muthyanolla
November 10, 2021
In this roundup of court judgements, we look at Constitutional Courts’ remarks & directions about exclusionary provisions under the National Food Security Act, sanction of magistrates in corruption-related offences, assurances by political leaders, and age determination of juveniles in conflict with the law.
Bombay HC: Lack of Aadhaar linkage no reason to deny benefits under Food Security Act.
In the case Ganpat Dharma Mengal & others vs. Tehsildar Office, Murbad and Others, the Bombay high court observed that there is no rationale for denying the benefits of distribution of food grains under the National Food Security Act, 2013 (NFSA) to tribals on certain technical grounds.
The high court noted that several tribals were denied supplies under the Public Distribution System due to the non-linking of their Aadhar Cards and ordered the Tehsildar of Murbad to distribute supplies to nearly 90 tribals by 04 November 2021.
The State claimed that the Aadhaar cards of the concerned individuals were linked to a different place than the residence. This was the reason behind non-distribution. The State also cited a government circular (GO) from October 2013, which mentions that the Aadhar of every family member in the ration card must be linked to the portal for the benefits of PDS.
The bench of Justices Prasanna Varale and Madhav Jamdar observed that the requirements in the state’s GO are in stark opposition to a central government notification dated 08 February 2017, which clearly states that the Aadhaar Card is only one of the criteria for identifying the Beneficiary, not the sole criteria.
According to clause 5 of the centre’s notification, any member of an eligible household listed in the ration card shall be entitled to receive the entire quantity of cash transfer or food subsidy under NFSA, if even one member fulfils the identification conditions, in case of Aadhaar number is not yet assigned to all.
Therefore, the high court ordered the distribution of food grains to tribal beneficiaries in Murbad Taluka under NFSA and Pradhan Mantri Garib Kalyan Anna Yojana, after verifying their ration cards. The court also ordered aid to be given to similarly placed tribals in the state.
Supreme Court: Prior sanction of magistrate not mandatory for investigating non-cognizable offence along with cognizable offence.
In the case State of Jammu and Kashmir vs. Dr. Saleem ur Rehman, the Supreme Court held that prior sanction of the Magistrate is not mandatory for investigating a non-cognizable offence along with a cognizable offence.
The supreme court was hearing an appeal against a judgement passed by the Jammu and Kashmir high court, where it quashed FIR under J&K Prevention of Corruption (PC) Act and criminal conspiracy under Section 120B of Ranbir Penal Code. The FIR was quashed observing that prior sanction of the Magistrate as per Section 155 of the J&K Code of Criminal Procedure was not obtained for investigating the offence of criminal conspiracy, which was non-cognizable as per the Ranbir Penal Code. Among other grounds, the high court also held the delay in completing preliminary enquiry was a reason to quash the case.
The bench of Justices MR Shah and AS Bopanna observed that the high court had erred in holding that sanction of the Magistrate was required to investigate the non-cognizable offence (in this case Section 120B RPC), as the offences under the Prevention of Corruption Act were cognizable.
The bench opined that the offence under the Prevention of Corruption Act is a substantive offence. Therefore, when the investigation in respect of the offence under the PC Act, is coupled with the offence of conspiracy, there is no requirement of prior sanction of the Magistrate.
Further, the apex court also observed that merely because some time is taken for conducting a preliminary enquiry, it cannot be a ground to quash the criminal proceedings for an offence under the Prevention of Corruption Act.
Telangana HC: Assurance by the chief minister, the ruling party or even by the governor does not become law of the land.
The Telangana high court observed that an assurance was given by the ruling party or Chief Minister, or Governor does not become the law of the land.
The high court was hearing a batch of petitions seeking retrospective implementation of the State Government’s decision to enhance the retirement age for government jobs from 58 or 60 years to 61 years. The State Legislature passed the Telangana Public Employment (Regulation of Age of Superannuation) (Amendment) Act, 2021, under which the age of superannuation of public employees had been enhanced from 58 years to 61 years.
The State Government notified that the said Act shall be deemed to have come into force on 30 March 2021. This meant that the employees who were due to retire on 30 March or later, were entitled to the benefit of the Act.
Challenging the Government order, some retired employees (who retired prior to 30 March) moved to the High Court claiming that they had been discriminated against by the Government and the Amending Act of 2021.
The petitioners also claimed that in 2018, the ruling Telangana Rashtra Samithi (TRS) Party gave an assurance at the time of elections for enhancing the age of superannuation of Telangana Government employees to 61 years. Further, in 2021, the Governor of Telangana made a promise about the enhancement of the retirement age in a Republic Day speech.
Therefore, the petitioners submitted that once a promise has been made by the State Government for enhancing the age of superannuation from 58 years to 61 years in 2018 itself (at the time of Assembly Elections), the State Government cannot deny the benefit of enhancement in retirement age.
After examining all submissions, the high court observed that fixation of a cut-off date always leaves a large number of employees unsatisfied. Therefore, it does not warrant any interference.
The bench of Chief Justice Satish Chandra Sharma and Justice A. Rajasheker Reddy held that the enhancement of superannuation age is a policy matter. The bench reiterated that any assurance was given by the ruling party or Chief Minister, or Governor does not become the law of the land. In conclusion, the writ pleas were dismissed.
Delhi HC: Delhi high court issues timeline for completing ‘age determination’ of ‘juveniles in conflict with law’.
The Delhi high court on its own motion issued directions for streamlining the process of inquiries relating to juveniles in conflict with the law and scrupulous compliance by all authorities.
The high court was dealing with questions of law placed by a Principal Magistrate of a Juvenile Justice Board regarding circumstances where a child in conflict with the law also happens to be a child in need of care and protection under the aegis of Juvenile Justice Act.
The high court granted the Delhi Government 4 weeks to furnish information of petty offences pending before all Juvenile Justice Board (JJBs) in Delhi between six months and one year, including the number of cases, date of institution of inquiry and date of the first production of the juvenile before the JJB.
The bench of Justice Siddharth Mridul and Justice Anup J Bhambhani issued the following directions:

created: November 10, 2021


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Review: The 2024 Lok Sabha Elections are Estimated to Involve 12 million Personnel and 3400 Companies of CAPF - FACTLY
Sai Krishna Muthyanolla
May 13, 2024
The Indian elections is the biggest democratic exercise globally with its scale and complexity. Millions of officials are deputed to undertake specific roles involving various activities of the election. From polling officials to security forces to counting personnel, these individuals comprise the machinery that ensures the smooth execution of elections. Data indicates that the number of resources involved in the conduct of elections has grown significantly over the years.
The Indian elections are the biggest democratic exercise globally with its scale and complexity. Managing elections in a country as vast and diverse as ours, and with over 960 million eligible voters spread across complex geographical regions, is a monumental task. Every phase of the electoral process presents its own set of challenges, from compiling electoral rolls to navigating the complex web of administrative structures, the scale and complexity are immense.
Yet, the successful conduct and the integrity of elections rely heavily on the actions of three key stakeholders: an impartial electoral administration, political parties and candidates, and the voters themselves. The previous editions in the series of stories on Indian elections, [1], [2], [3], [4], [5], focussed on key characteristics regarding political parties, and their contestants.
Now, further expanding the scope of the analysis and adding on to the latest editions on the administrative aspect of the conduct of elections, [6] and [7], we look at the machinery behind the impartial and safe conduct of elections.
Understanding the risks in Electoral Management
Being such an immense exercise, every aspect of the electoral process is mired with risks that could hamper the integrity of the election. Electoral risk management involves understanding the potential risks that could undermine the conduct, integrity, security, or credibility of an election and taking steps to address them.
Millions of officials are deputed to undertake specific roles involving various activities of the election. From polling officials to security forces to counting personnel, these individuals comprise the machinery that ensures the smooth execution of elections. Among them, security forces are crucial as they minimize the influence of coercive tactics and financial resources, creating a level playing field for both voters and political parties.
Force deployment as a tool to mitigate risks of coercion/fear.
A good law and order situation is a prerequisite for free, fair, and peaceful elections. Force deployment has been developed as a significant component in election administration, as seen by the strategic deployment of different available forces, notably the Central Armed Police Forces (CAPF). Our explainer on how the security forces are deployed can be read here, along with the manual on force deployment.
The responsibility of the security forces spans from pre-poll preparations to safeguarding the voting process and continues until the declaration of results. This is unlike the deployment of other polling officials who assume duties for a smaller duration.
Human Resource requirement has grown in subsequent elections.
The growth in the number of eligible & registered voters in subsequent elections can have significant implications for election management. The number of electors in the 2014 General Elections was 834 million, which then rose to 912 million in the 2019 General Election. During the 2024 General Elections, this number is estimated to be approximately 969 million. This translated into a rise in the additional resources for the conduct of elections. The number of polling stations rose from 9.2 lakh to 10.3 lakh between 2014 and 2019 and is pegged to be at 10.48 lakhs in the 2024 elections.
Accordingly, the resource requirement in terms of the personnel required to conduct the elections grew from 10 million in 2014 to a projected 12 million in 2024.
Significant growth in the CAPF deployment, 2024 election sees 3400 companies deployed.
The Election Commission of India relies on a substantial number of polling officials and armed forces to facilitate smooth, peaceful, and unbiased elections. In terms of security provisions, the Election Commission usually engages the Central Armed Police Forces (CAPF). However, since the demand for CAPF often exceeds the available supply, additional police forces like State Armed Police, Home Guards, and District Police are frequently deployed to supplement security measures.
Analysis of data pertaining to CAPF deployment during general elections indicates a notable rise in their utilization over the years. In 2009, 850 companies of CAPF personnel were deployed, a figure which rose to 1349 in 2014 and further to 3126 in 2019. Projections suggest that in the ongoing 2024 elections, approximately 3400 companies of CAPF personnel are expected to be deployed across the seven phases of elections.
Need to streamline information dissemination on security forces deployment.
In addition to Central Armed Police Forces (CAPFs), additional police forces from state agencies are often enlisted for the conduct of elections. The logistical challenge of moving troops, particularly during elections held across multiple phases, significantly impacts government expenditures. This logistical complexity, alongside concerns for national security are prime motivators in the demand for simultaneous elections.
However, there is a lack of consistent and transparent dissemination of data regarding security force deployments. While it’s understandable that the confidentiality of force deployment is crucial during elections, it’s imperative to make this data available in a standardized format post-election.
Currently, publications by the Election Commission of India present data in an unstructured and inconsistent manner, making it challenging to analyse the increasing need for security force deployment. It’s essential for the ECI to publish data on the state-wise and force-type-wise strength of forces deployed during General Elections, as well as elections to various state assemblies and councils, in order to enhance transparency and facilitate informed analysis. Since these details would be made available in the reports published much later after the conduct of elections, the safety & security concerns would also be taken care of.


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Review: The diversity of Indus Valley Food Culture
Sai Krishna Muthyanolla
December 15, 2020
A recent study published in the Journal of Archaeological Science titled presents some important findings about the diversity of food culture prevalent in the Indus Valley Civilization. What are those findings? Here is a review.
A recent study published in the Journal of Archaeological Science titled ‘Lipid residues in pottery from the Indus Civilisation in northwest India’ on 9th December 2020 presents some important findings of the diversity of food culture prevalent in the Indus Valley Civilisation. In this article, we will briefly look at the history of the Indus Valley Civilisation and the salient features of this study. We will also discuss the context given by previous and current studies.
About the civilisation
The Indus Civilisation (c.3300 – 1300 BC) was one of the first complex civilizations, spread across large parts of modern Pakistan, northwest and western India, and Afghanistan. It extended from the Siwaliks in the north to the Arabian Sea in the South, and from the Makran coast of Baluchistan in the west to Meerut in the north-east. The area accounted for about 1,299,600 sq. km which is larger than ancient Egypt and Mesopotamia. As R.S. Sharma puts it in this book ‘India’s Ancient Past’, ‘No other culture zone in the third and second millennia BC in the world was as widespread as the Harappa.’
Indus settlements were in diverse habitats and environmental contexts, including alluvial plains, foothills, deserts, scrubland, and coastal regions. Between c.2600 – 1900 BC (Mature Harappan or urban period), five Indus Civilisation settlements developed into sizable cities, with a range of other medium-sized urban settlements, small settlements with specialised craft production/and or fortifications, and rural settlements. Indus cities had multiple walled areas, segregated spaces, as well as large public structures, which included mud-brick platforms, granary, streets, citadel, and drains. The urban period is best known for its iconic material culture such as beads, bangles, standardised weights, and stamp steatite seals.
Details of study methodology
A great diversity of food traditions exists across South Asia, and the social role of food in the subcontinent is well-recognized. The authors highlight that the investigations into the archaeology of food from prehistoric contexts are in a relatively nascent stage.
The study deploys “ceramic lipid residue analysis” as it provides a powerful means by which the foodways of populations can be examined. It has been used in a range of archaeological contexts around the world to extract and identify foodstuff within ancient vessels. Organic residue analysis also provides a new understanding of vessel specialisation and use.
The article provides a background of the previous studies that have been conducted for the region using the same method. Until recently, only a single pottery sherd from South Asia had been studied via lipid residue analysis. More recently, a study investigated ceramic lipid residues from 59 vessels from a single site in Gujarat. The current paper presents the results of a much larger corpus of ceramic lipid residues across multiple Indus Civilisation sites in northwest India to investigate broader patterns of food consumption and vessel use. The results obtained are contextualised with existing archaeobotanical, zooarchaeological, and isotopic evidence to have a fuller understanding of the culinary strategies adopted by the Indus settlements in question.
Details of the study sites
In this study, organic residues in pottery from one city, one town, and five rural settlements in northwest India are investigated to characterise any possible similarities or differences in foodstuffs used in vessels by urban and rural populations in a single region. The following figure depicts the extent of Indus settlements in the urban period with cities in black and study sites in white and other small- and medium-sized settlements are presented in yellow.
The study sites lie on the semi-arid alluvial plains of northwest India also referred to as the ‘eastern domain’ of the Indus Civilisation. The generally accepted chronological divisions of Mature Harappan (or Harappa phase c.2600/2500–1900 BC) and Late Harappan (c.1900–1300 BC) are used in this paper. Following are the details of each site.
Most of the vessels in this study belong to ‘Haryana Harappan’ pottery (Sothi-Siswal/ Non-Harappan pottery) and the rest is ‘Classical Harappan’. Haryana Harappan pottery comprise a red fabric of medium texture and few inclusions with great variety in techniques and decoration. There are several regional styles of pottery that were in use during the Indus Civilisation, which are considered the ‘Classical Harappan’ or ‘Red Harappan Ware’. They dominated in the large settlements of Harappa and Mohenjo-daro. There are many overlaps between ‘Haryana Harappan’ and ‘Classic Harappan’ forms, such as perforated jars, ‘cooking vessels’, and dish-on-stands, etc. In this study, the vessel forms analysed included jars of varying sizes, ledged jars, necked jars, perforated vessels, and bowls.
The analysis was conducted on 172 pottery fragments recovered from rural and urban settlements. Pottery fragments were generally selected from contexts that had radiocarbon dates associated with them, and/or from contexts that were indicative of occupational surfaces. Rims of vessels were preferentially selected as experimental evidence suggests that the boiling of products in vessels would lead to lipids accumulating here.
Findings of the study
1. Diversity and variations in crops
There is clear evidence of the diversity of plant products and regional variation in cropping practices. In the study region, both summer- and winter-based cropping was practiced, with evidence of barley, wheat, rice (C3 crops), and millets (C4 crops). Apart from cereals, the archaeobotanical assemblage is extremely diverse, characterised by a range of winter and summer pulses, oilseeds, and fruits. A list of winter and summer crops found in the Indus Civilisation is given below. ‘A’ indicates annual, ‘P’ indicates perennial plant, and ‘A/P’ indicates a plant that can be either. All plants reported are C3 plants except millets, which are C4. The difference between C3 & C4 crops can be read here.
Lipid profiles suggest the consistent use of animal products and the compound-specific isotopic results suggest the multi-functionality of vessels. Given the diversity of resources that were available to Indus populations, it is possible that vessels were used for both plant and animal products to create foodstuffs throughout their life-histories.
This study revealed intriguing new information about the use of perforated vessels. Perforated vessels have been used for identifying dairy activities archaeologically in European contexts and are comparable to modern cheese strainers used for draining and separating curds during the hard cheese-making process. A hard cheese-making tradition has not been documented in the study region so far. Dairy curds and yoghurt are prepared daily in modern households in the region, but the cloth is preferentially used in the straining process. Ethnographic research of dairy practices in modern Punjab has, however, described the use of perforated lids used for heat regulation during dairy production. Although not conclusive, these results are exciting and have implications for how the function of Indus perforated vessels is interpreted in future research.
Similar findings from previous studies
As established by previous studies, on average, about 80% of the faunal assemblage from various Indus sites belong to domestic animal species. The article lists out all the major studies and their relevant findings. Out of the domestic animals, cattle/buffalo are the most abundant, averaging between 50-60% of the animal bones found, with sheep/goat accounting for 10% of animal remains.
The high proportions of cattle bones may suggest a cultural preference for beef consumption across Indus populations, supplemented by the consumption of mutton/lamb. Pigs make up about 2–3% of total faunal assemblages across Indus sites but the domestic status of the pig is not yet determined. Wild animal species like deer, antelope, gazelle, hares, birds, and riverine/marine resources are also found in small proportions in the faunal assemblages of both rural and urban Indus sites, suggesting that these diverse resources had a place in the Indus diet.
Limitations of the study
One of the major factors affecting the study of ancient food in South Asia, particularly northwest India, is the degree of organic preservation at archaeological sites. The preservation of lipids is dependent on a range of environmental and cultural factors and lipid preservation cannot be reliably predicted. It is well-recognized that fluctuations in temperature and moisture, pH levels, and mineralisation negatively affect the preservation of organic material in South Asian archaeological sites. Thus, this study also tested the degree of preservation of lipids in pottery from sites in northwest India.
All the study sites have alkaline soils and experience seasonal, heavy rainfall and hot temperatures, and have been subject to major transformations in the recent past due to agricultural activity. The combination of these conditions likely creates an unfavourable environment for organic preservation, which is also reflected in the poor preservation of seeds and bones at these sites.
Studies have demonstrated how specific types of food processing in vessels, such as boiling or roasting, would lead to higher concentrations of lipid in specific parts of vessels. However, as different parts of the same vessel were not analysed in the current study, and overall lipid preservation was poor, it was not possible to make interpretations about the use of vessels for specific types of food-processing.
Featured Image: Indus Valley Civilisation

created: December 15, 2020