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C. T. RAVIKUMAR, SANJAY KAROL
Rajeev Kumar Upadhyay – Appellant
Versus
Srikant Upadhyay – Respondent
JUDGMENT :
(SANJAY KAROL, J.)
Leave granted
[John Stuart Mill, On Subjection of Women, Chapter 1 (1869).]
1. Dignity goes to the very core of the existence of an individual in society. Any action which undermines dignity either by an act of another person or that of the State is potentially going against the spirit of the Constitution of India1[Hereafter ‘Constitution’], which guarantees the security of all persons by ensuring that justice, liberty and equality are avouched for each and every person. By extension, if the dignity of a person is compromised, their human rights, available to them by virtue of them being humans and guaranteed by various enactments, both national and international, are imperilled.
2. We may benefit from the observations in K.S. Puttaswamy (Privacy-9J.) v. Union of India, (2017) 10 SCC 1 :
Right to live with dignity – Dignity goes to very core of existence of an individual in society – Any action which undermines dignity either by an act of another person or that of State is potentiall....
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The court emphasized the need to be extremely circumspect in exercising the extraordinary jurisdiction to quash criminal proceedings under the SC/ST Act and held that the legislative intent of the Ac....
Caste-based discrimination in prison manuals violates Articles 14, 15, 17, 21, and 23 of the Constitution, undermining individual dignity and rehabilitation efforts.
The court quashed the FIR due to lack of essential elements for prosecution under the SC/ST Act, emphasizing the need to prevent malicious prosecution.
The SC/ST Act's protective legislative intent underscores that offences must not be quashed based on compromise if it risks undermining legal safeguards against caste-based discrimination.
The main legal point established in the judgment is the entitlement to regular bail based on the nature of the accusation, evidence against the accused, their custody period, and parity with other co....
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