Latest news with #IndianSupremeCourt
Hindustan Times
a day ago
- Politics
- Hindustan Times
‘Equality and representation go hand in hand': CJI Bhushan R Gavai
Chief Justice of India Bhushan R Gavai on Tuesday said the true strength of Indian democracy lies in its ability to continuously evolve while revisiting and redefining the idea of representation, even 75 years after the Constitution came into force. During his address at the Oxford Union in the United Kingdom, he emphasised that equality and representation are not competing ideals but complementary forces that drive India's constitutional vision forward. CJI Gavai asserted that representation and equality are not opposing ideals. 'Rather, they reinforce each other,' said the judge, as he drew on landmark Indian Supreme Court judgments and the legacy of Dr BR Ambedkar to underscore how the Constitution remains a living document aimed at dismantling entrenched hierarchies. Justice Gavai, the 52nd CJI and only the second dalit to hold the highest judicial office in India, made a compelling case for substantive equality — a model that goes beyond formal equality to correct historical disadvantages. Citing the previous apex court's decisions, he maintained that affirmative action is integral to equality under the Constitution and added that over the decades, the idea of representation has evolved through mechanisms such as reservations in promotions, age and eligibility relaxations, and targeted scholarships. The CJI noted how this idea was extended in rulings such as NALSA Vs Union of India (2014), which recognised the rights of transgender persons and mandated their inclusion through reservations, and the 2020 judgment granting permanent commission to women in the Indian armed forces. 'In several other decisions, the Supreme Court has also emphasised the need for reasonable accommodation for persons with disabilities, ensuring their meaningful participation in society and their integration into governance and institutional frameworks,' he said. Speaking just months after Parliament passed a constitutional amendment to reserve seats for women in legislatures, and the apex court upheld subclassification within Scheduled Caste quotas, Justice Gavai framed these developments as evidence of a constitutional project in motion that is responsive to evolving ideas of justice. 'The Constitution of India carries within it the heartbeat of those who were never meant to be compels the State not only to protect rights but to actively uplift, to affirm, to repair,' he asserted . Citing Gayatri Chakravorty Spivak's seminal essay 'Can the Subaltern Speak?', the CJI remarked: 'Yes, the subaltern can speak — and they have been speaking all along. The question is no longer whether they can speak, but whether society is truly listening.'
Time of India
2 days ago
- Politics
- Time of India
Indian Judiciary's commitment to justice transcends borders: Justice Kant
Justice Surya Kant NEW DELHI: Justice Surya Kant of Indian Supreme Court on Monday told the Indian business community in Washington that Indian judiciary understood the problems faced by the Indian diaspora and NRIs and played a crucial role in resolving unique challenges faced by them relating to property, inheritance and custody of children in soured matrimonial relations. Speaking with Indian businessmen from various states gathered under the banner of 'Washington Telangana Association', Justice Kant said, 'With procedural adaptations and a growing recognition of cross-border complexities, the courts have made justice more accessible to those living abroad. In certain areas, the judiciary has also extended the protection of Fundamental Rights, ensuring that non-resident citizens are treated with fairness and equality under the law. ' 'In doing so, it reinforces the message that India's commitment to justice does not end at its borders, it reaches all those who continue to carry the country in their hearts,' he added. Commending the resilience of Indian diaspora to maintain their identity while continuing to participate in the technological innovations, research and community service in the countries they have made home while exploring opportunities, Justice Kant said the Indian identity thrives in our languages and festivals, but also in our collective commitment to justice, dignity, and mutual respect. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Trade Bitcoin & Ethereum – No Wallet Needed! IC Markets Start Now Undo These are the ideals that shape not just who we are, but who we continue to become, no matter where we live. ' Commending the role played by the Indian diaspora as ambassadors of India's rich cultural and constitutional legacy by not only preserving it for ourselves but sharing it with the world, the next CJI said, 'In doing so, we honour not only our past, but also our enduring responsibility to shape a future that is united in diversity, grounded in justice, and inspired by the very best of who we are.' 'The success of the Indian diaspora is not only measured in individual achievement - though that alone is remarkable. It is also reflected in the collective identity that communities have preserved and passed on across generations. Whether through temples, cultural centres, schools, or community events, the diaspora has cultivated a sense of belonging and solidarity, making the Indian identity one that thrives far beyond national borders,' he said.
Express Tribune
27-05-2025
- Politics
- Express Tribune
Legal and ethical dimensions of polygraph testing
The writer is a former Secretary to the Government, Home and Tribal Affairs Department, and a retired Inspector General of Police. He can be reached at syed_shah94@ Listen to article The recent headlines regarding Imran Khan's refusal to undergo a polygraph test have reignited public discourse around the legal and ethical implications of such investigative techniques. The entry of digital tools like lie detectors into criminal investigations raises important questions: Can a suspect be compelled to undergo a polygraph test without their consent? Are the results of such tests admissible in a court of law? To address these concerns, it is essential to understand what a polygraph test entails. Commonly known as a lie detector test, a polygraph measures physiological indicators — heart rate, blood pressure, respiratory rate and galvanic skin response — while the subject answers a series of questions. The assumption is that deceptive responses produce physiological reactions distinct from those linked to truthful answers. However, polygraph testing is not based on an established scientific theory accepted in the field of law or physical science, and thus, its results are not considered conclusive evidence. The legality of compelling an individual to undergo such a test touches directly upon constitutional protections, particularly the right against self-incrimination and the right to privacy. In Pakistan, Article 13(b) of the Constitution provides protection against self-incrimination, stating: "No person accused of an offense shall be compelled to be a witness against himself." This constitutional safeguard underpins the principle of a fair trial, ensuring that individuals are not forced to provide evidence that may lead to their own conviction. A landmark judgment in this context is the Indian Supreme Court's ruling in Selvi & Ors v. State of Karnataka (2010), which addressed the involuntary administration of narco-analysis, polygraph tests and brain-mapping techniques. The Court held that such practices violate Article 20(3) of the Indian Constitution, which guarantees the right against self-incrimination, and also infringe on Article 21, which protects personal liberty, including mental and physical privacy. The Selvi judgment categorically stated that no individual can be compelled to undergo a polygraph test. Informed consent is mandatory, and even when consent is provided, procedural safeguards — such as legal representation and the presence of an independent medical practitioner — must be ensured. Similarly, in the United States, forcing a suspect to take a polygraph test without their consent may violate the Fifth Amendment, which protects against self-incrimination. The central legal question relates to the evidentiary value of polygraph results. Courts globally have expressed skepticism regarding the reliability and scientific validity of such tests. In Selvi, the Indian Supreme Court clarified that while polygraph results may aid investigation if obtained with voluntary consent, they cannot form the sole basis for conviction. Such evidence, due to concerns over reliability and potential misuse, is inadmissible as substantive evidence. In the United States, admissibility often hinges on the Frye and Daubert standards, which assess whether scientific evidence is generally accepted by the scientific community and meets established reliability criteria. Polygraph results frequently fail these tests, and thus, are typically excluded for fear they may unduly influence juries. In the United Kingdom, polygraph tests are not used in criminal trials and have only limited application in investigative contexts. Across the European Union, the priority given to human rights leads courts to regard such techniques with caution. In Pakistan, the Supreme Court's decision in Husnain Mustafa v. The State and another echoed this view. The Court recognised polygraph testing as a modern forensic tool capable of indicating deception but emphasised that its findings cannot be equated with an admission of guilt. Beyond legal admissibility, polygraph testing raises significant ethical concerns. The possibility of coercion — whether overt or subtle — during the process of obtaining consent cannot be discounted. Moreover, physiological responses may be influenced by anxiety, medical conditions or the testing environment, rather than deception. Another critical issue is the potential for institutional misuse. In high-profile cases, investigative agencies might use polygraph results to sway public opinion or create an illusion of progress, regardless of the scientific credibility of the findings. Over-reliance on such methods could divert attention from more reliable investigative tools like forensic analysis, corroborative witness testimony and digital evidence. Polygraph tests also risk undermining the interrogative competence of law enforcement agencies. While these tests may offer psychological leverage or investigative leads, they must not be prioritised over constitutionally sound procedures or used at the expense of a suspect's fundamental rights. There is broad consensus within the legal and academic community that individuals should not be compelled to participate in polygraph testing and that the admissibility of such results must be heavily restricted. Courts have rightly emphasised that criminal justice cannot be reduced to a spectacle reliant on questionable science. The controversy surrounding Imran Khan's refusal to undergo a polygraph test underscores the delicate balance between science, law and ethics in criminal jurisprudence. While polygraph tests may have a supplementary role in investigations, their inherent limitations must not be overlooked. Legal frameworks must continue to uphold voluntariness, due process and the right against self-incrimination — ensuring that justice is not only done but is seen to be done in a fair and constitutionally sound manner.
Yahoo
01-04-2025
- Entertainment
- Yahoo
'My Indian mum was willing to lose everything to support my trans identity'
In 2019 Srija became the first transgender woman to legally marry in the Indian state of Tamil Nadu after a historic court ruling. Now a new documentary, Amma's Pride, chronicles Srija's battle for state recognition of her marriage and the unwavering support of her mother, Valli. "Srija is a gift," Valli, 45, tells the BBC as she and her daughter embrace. "I know that not all trans people have what I have," Srija, 25, from the port city of Thoothukudi, adds. "My education, my job, my marriage - everything was possible because of my mother's support." She and her mother are sharing their story for the first time in Amma's Pride (Mother's Pride), which follows Srija's unique experience. Srija met her future husband, Arun, at a temple in 2017. After learning they shared mutual friends they soon began texting each other regularly. She was already out as transgender and had begun her transition. "We talked a lot. She confided in me about her experiences as a trans woman," Arun tells the BBC. Within months, they fell in love and decided they wanted to spend their lives together. "We wanted legal recognition because we want a normal life like every other couple," Srija says. "We want all the protections that come from a legal recognition of marriage." That incudes securities, such as the transfer of money or property if one spouse dies. In 2014, the Indian Supreme Court established certain protections for transgender people, granting them equal rights to education, employment, healthcare and marriage - although India still does not allow same-sex marriages. It's not known how many trans couples have married in India, or who was the first. Activists say there was at least one trans wedding legally registered before Srija and Arun's - in 2018 a couple married in Bangalore. "Of course there are queer couples, or transgender couples, all over India," says the director of Amma's Pride, Shiva Krish, but because of continuing discrimination "several are secretive about their relationship. Srija and Arun, and Valli, are unique in choosing to live their everyday life out in the open." Srija and Arun's attempt to register their 2018 wedding was rejected, with the registrar arguing that the 1955 Hindu Marriage Act defined marriage as a union between a "bride" and a "groom", which therefore excluded trans women. But the couple, backed by LGBT activists, pushed back, taking their relationship into the public domain. The effort was worth it. They received global attention in 2019 when the Madras High Court in Chennai upheld their right to marry, stating that transgender people should be recognised as either a "bride" or "groom" as defined by the 1955 Hindu Marriage Act. The ruling was seen by LGBT activists as a pivotal step in the acceptance of transgender people in India, with Srija and Arun both becoming well known locally for challenging cultural norms. But media coverage also invited negative scrutiny. "The day after local news coverage, I was fired from my job," says Arun, who worked as a manual labourer in the transport sector. He believes it was due to transphobia. Online trolling followed. "People sent abusive messages criticising me for being married to a transgender woman," he says. The couple briefly separated under the strain. Despite this, Srija excelled at her education, frequently coming first in class at high school. She went on to complete a degree in English literature from a university in Tamil Nadu, becoming one of the only people in her family to receive higher education. It's a source of pride for Valli, who left school aged 14. Even before battling to have her marriage recognised by the state, Srija and her family faced hostility and mistreatment. After Srija came out as a transgender woman at the age of 17, she and her mother and younger brother, China, were evicted from their home by their landlord. Several family members stopped speaking to them. But Srija's mother and brother were steadfast in their support. "I will always stand by my daughter," says Valli. "All trans people should be supported by their family." Valli, who became a single parent when her husband died when Srija was just six, works in a kitchen at a school. But despite earning a modest income, she helped pay for her daughter's gender reassignment, in part by selling some of her jewellery, and cared for her afterwards. "She takes good care of me," Srija says. There are thought to be about two million transgender people in India, the world's most populous country, although activists say the number is higher. While the country has passed trans-inclusive legislation and recognised in law a "third gender", stigma and discrimination remain. Studies have found transgender people in India face high rates of abuse, mental health issues, and limited access to education, employment, and healthcare. Many are forced to beg or enter sex work. Globally, the UN says significant numbers of transgender people face rejection from their families. "Not a lot of trans people in India, or even the world, have the support of their families," says filmmaker, Shiva Krish. "Srija and Valli's story is unique." Srija says she hopes the film will help challenge stereotypes about trans people and the types of stories that are often promoted in the media about the group - especially those that focus on trauma and abuse. "This documentary shows that we can be leaders. I am a manager, a productive member of the workforce," Srija says. "When people see new kinds of stories on trans people, hopefully their mindsets will also change." After premiering at international film festivals, Amma's Pride was shown at a special screening in Chennai, for members of the LGBT community and allies, to mark International Trans Day of Visibility on Monday 31 March. Following the Chennai screening, a workshop was held where participants in small groups discussed family acceptance and community support for trans individuals. "We hope our screening events will foster connections between trans individuals, their families, and local communities," adds Chithra Jeyaram, another one of the filmmakers behind Amma's Pride. The Amma's Pride production team hope that the universal themes of family support in the face of stigma means the documentary and workshops can be rolled out to rural audiences, as well as other cities in India, and neighbouring countries like Nepal and Bangladesh. As for Srija and Arun, they now work as managers for private companies and hope to adopt a child soon. "We're hoping for a normal future," says Srija. "I would like to become a grandmother soon," Valli adds, smiling.
BBC News
31-03-2025
- Entertainment
- BBC News
‘Mum was willing to lose everything to support my trans identity in Tamil Nadu'
In 2019 Srija became the first transgender woman to legally marry in the Indian state of Tamil Nadu after a historic court ruling. Now a new documentary, Amma's Pride, chronicles Srija's battle for state recognition of her marriage and the unwavering support of her mother, Valli. "Srija is a gift," Valli, 45, tells the BBC as she and her daughter embrace."I know that not all trans people have what I have," Srija, 25, from the port city of Thoothukudi, adds."My education, my job, my marriage - everything was possible because of my mother's support."She and her mother are sharing their story for the first time in Amma's Pride (Mother's Pride), which follows Srija's unique experience. 'I will always stand by my daughter' Srija met her future husband, Arun, at a temple in 2017. After learning they shared mutual friends they soon began texting each other regularly. She was already out as transgender and had begun her transition."We talked a lot. She confided in me about her experiences as a trans woman," Arun tells the months, they fell in love and decided they wanted to spend their lives together."We wanted legal recognition because we want a normal life like every other couple," Srija says. "We want all the protections that come from a legal recognition of marriage."That incudes securities, such as the transfer of money or property if one spouse 2014, the Indian Supreme Court established certain protections for transgender people, granting them equal rights to education, employment, healthcare and marriage - although India still does not allow same-sex not known how many trans couples have married in India, or who was the first. Activists say there was at least one trans wedding legally registered before Srija and Arun's - in 2018 a couple married in Bangalore."Of course there are queer couples, or transgender couples, all over India," says the director of Amma's Pride, Shiva Krish, but because of continuing discrimination "several are secretive about their relationship. Srija and Arun, and Valli, are unique in choosing to live their everyday life out in the open."Srija and Arun's attempt to register their 2018 wedding was rejected, with the registrar arguing that the 1955 Hindu Marriage Act defined marriage as a union between a "bride" and a "groom", which therefore excluded trans the couple, backed by LGBT activists, pushed back, taking their relationship into the public domain. The effort was worth received global attention in 2019 when the Madras High Court in Chennai upheld their right to marry, stating that transgender people should be recognised as either a "bride" or "groom" as defined by the 1955 Hindu Marriage ruling was seen by LGBT activists as a pivotal step in the acceptance of transgender people in India, with Srija and Arun both becoming well known locally for challenging cultural media coverage also invited negative scrutiny."The day after local news coverage, I was fired from my job," says Arun, who worked as a manual labourer in the transport sector. He believes it was due to transphobia. Online trolling followed."People sent abusive messages criticising me for being married to a transgender woman," he couple briefly separated under the this, Srija excelled at her education, frequently coming first in class at high went on to complete a degree in English literature from a university in Tamil Nadu, becoming one of the only people in her family to receive higher a source of pride for Valli, who left school aged 14. Even before battling to have her marriage recognised by the state, Srija and her family faced hostility and Srija came out as a transgender woman at the age of 17, she and her mother and younger brother, China, were evicted from their home by their landlord. Several family members stopped speaking to Srija's mother and brother were steadfast in their support."I will always stand by my daughter," says Valli."All trans people should be supported by their family."Valli, who became a single parent when her husband died when Srija was just six, works in a kitchen at a school. But despite earning a modest income, she helped pay for her daughter's gender reassignment, in part by selling some of her jewellery, and cared for her afterwards."She takes good care of me," Srija says. 'Hopefully mindsets will change' There are thought to be about two million transgender people in India, the world's most populous country, although activists say the number is the country has passed trans-inclusive legislation and recognised in law a "third gender", stigma and discrimination have found transgender people in India face high rates of abuse, mental health issues, and limited access to education, employment, and healthcare. Many are forced to beg or enter sex the UN says significant numbers of transgender people face rejection from their families."Not a lot of trans people in India, or even the world, have the support of their families," says filmmaker, Shiva Krish."Srija and Valli's story is unique."Srija says she hopes the film will help challenge stereotypes about trans people and the types of stories that are often promoted in the media about the group - especially those that focus on trauma and abuse."This documentary shows that we can be leaders. I am a manager, a productive member of the workforce," Srija says."When people see new kinds of stories on trans people, hopefully their mindsets will also change." 'I'd like to become a grandmother soon' After premiering at international film festivals, Amma's Pride was shown at a special screening in Chennai, for members of the LGBT community and allies, to mark International Trans Day of Visibility on Monday 31 the Chennai screening, a workshop was held where participants in small groups discussed family acceptance and community support for trans individuals."We hope our screening events will foster connections between trans individuals, their families, and local communities," adds Chithra Jeyaram, another one of the filmmakers behind Amma's Amma's Pride production team hope that the universal themes of family support in the face of stigma means the documentary and workshops can be rolled out to rural audiences, as well as other cities in India, and neighbouring countries like Nepal and for Srija and Arun, they now work as managers for private companies and hope to adopt a child soon. "We're hoping for a normal future," says Srija."I would like to become a grandmother soon," Valli adds, smiling.
