COMPILATION OF LANDMARK JUDGMENTS of Hon'ble Mr. Justice Dipak Misra Judge, Supreme Court of India on INCLUSIVE JUSTICE FOR THE VULNERABLE GROUPS OF SOCIETY INCLUDING WOMEN, CHILDREN AND VICTIMS OF UNDESERVED WANT Compiled by : Jharkhand State Legal Services Authority Foreword Justice Virender Singh Chief Justice, High Court of Jharkhand cum Patron-in-Chief, JHALSA I am very happy that Jharkhand State Legal Services Authority, working in consonance with its objectives and commitment for ensuring inclusive justice to Women, Children and Victims of undeserved want, is publishing this Compilation of Landmark Judgments of My Lord Hon'ble Mr. Justice Dipak Misra, Judge, Supreme Court of India. As we all know that judgments rendered by My Lord lay various guidelines and directions on various issues of law concerning Women, Children and Victims of Undeserved Wants, this compilation will be a useful tool and a valuable reference book for the Judges in the High Courts, the Judicial Officers, the members of the Bar as also to the entire fraternity dealing with the issues relating to those people in need. These Judgments of My Lord, while making the understanding of law very simple, have paved a very smooth and concrete path for proper and effective implementation of Laws relating to vulnerable sections of Society. Thus, it will work as a guide and handbook for all concerned in Legal Fraternity and NGOs working in the field of Women and Child Rights and the victims of undeserved want. Before parting with, it would be my suggestion to JHALSA to circulate it to all Family Courts and DLSAs. (Virender Singh) iii iv Preface Justice D.N. Patel Judge, High Court of Jharkhand & Executive Chairman, JHALSA A society is judged by the treatment it gives to women, children and victims of undeserved want and not by scientific and material progress alone. It gives me pride and satisfaction that Jharkhand State Legal Services Authority is publishing Compilation of landmark judgements of My Lord Hon’ble Mr. Justice Dipak Misra, Judge, Supreme Court of India on Inclusive Justice for the vulnerable groups of society including women, children and victims of undeserved want. The life and work of His Lordship is an inspiration for all in general and the members of legal fraternity in particular. The onceptc of justice in Family Dispute Matters is no longer confined to hear the parties and dispose of a matter, it includes pro-active role of Principal Judges in conflicts of Family Court matters in bringing about resolution of disputes by keeping in view the best interest of children, spouse and parents. Victims of undeserved want deserve our serious attention for implementation of laws and schemes made for their betterment. I am delighted to place in your hand the ultimate guide of Inclusive Justice for the vulnerable groups of society including women, children and victims of undeserved want. Let us revisit the resolutions adopted in 13th All India Meet of SLSAs at Ranchi on 21st and 22nd March 2015 with regard to: • Tribal people • Children • Unorganised worker • Mentally ill persons • Drug addicts • Victim of Trafficking and Commercial Sexual Exploitation Recently the NALSA has launched seven schemes for effectively reaching out to aforesaid section of society. v The harkhandJ State Legal Services Authority has in recent past taken several initiatives towards fulfillment of the dream of His Lordship and a brief retrospection shows the work of this Authority relating to Women Empowerment, Enforcement of Child-Rights, Victim Compensation, Constitution of disaster management core group in each DLSA and actualization of NALSA Schemes and a brief detail is as follows : • Workshop on Protection of Women from Domestic Violence at Nyaya Sadan, Doranda, Ranchi on 18th January, 2015. • Opening of Village Legal Care and Support Centre, Sahyog Village Premises, Dugdugia and Special Lok Adalat in Khunti Judgeship on 24th January, 2015. • Inauguration of Legal Literacy Club at DPS Ranchi and Ranchi Sahidaya School Complex as well as Prize Distribution to Winners of Essay Competition on Fundamental Duties on 31st January, 2015. • Workshop on Capacity Building of PLV, Strengthening of Legal Aid Clinic and Disaster Management (Quick Response by Legal Services Institutions during Natural or Man-made Disaster) at Nyaya Sadan, Doranda, Ranchi on 07th February, 2015. • State Level Colloquium on the Role of Legal Services Authorities in Effective Implementation of Government Beneficial Schemes including the Schemes for Workers of Unorganized Sector at Nyaya Sadan, Doranda, Ranchi on 16th May, 2015. • Orientation & Induction Training Programme for the Para Legal Volunteers of Hazaribagh, Giridih & Koderma under the NALSA Scheme for PLVs (Revised) at Koderma on 21st to 25th July, 2015. • Colloquium on Commitment of State for Child in Need of Care and Protection on 23rd August, 2015. • Revolution in Juvenile Justice System : Connected Through Video Conferencing with Juvenile Justice Board on 28th August, 2015. • State Level Capacity Building Workshop for JJB and Legal-cum- Probation Officers for Effective Implementation of Juvenile Justice Act in Jharkhand at Hotel Lee Lake, Ranchi on 10th - 11th October, 2015. • Meeting of Stakeholders for develop a Training Module for the Empanelled Layers & Legal Probation Officers attached to Juvenile Justice System at Nyaya Sadan, Ranchi on 12th October, 2015. • Two Days Training Programme on NALSA 7 Schemes at Ranchi on 18th - 19th December, 2015. vi • State Level Colliquium on Victim-Emancipation through Compensation on 23rd January, 2016. • Training of Legal Aid Lawyers associated with Juvenile Justice Board & Child Welfare Committees on12 th February, 2016. The foremost important task of Legal Services Institution is to live up to the expectation of founding fathers of the constitution of India as also more than one and quarter billion people of India. Thework of My Lord Hon’ble Mr. Justice Dipak Misra, Judge, Supreme Court of India has continuously been guiding our endeavour for fulfilling our responsibilities. We assure His Lordship that JHALSA under the able patronage of NALSA shall leave no stone unturned in achieving the objective of access to justice for all. (D.N. Patel) vii viii CONTENTS JUDGMENTS 1. (2015) 7 Supreme Court Cases 681 ............................................................... 3 State of M.P. v. Madanlal Criminal Appeal No. 231 of 2015 2. (2015) 1 Supreme Court Cases 192 ............................................................. 14 Charu Kurana v. Union of India Writ Petition (C) No. 78 of 2013 3. (2014) 7 Supreme Court Cases 640 ............................................................. 46 Malathi Ravi v. B.V. Ravi Civil Appeal No.5862 of 2014 4. (2013) 7 Supreme Court Cases 77 ............................................................... 74 Shyam Narain v. The State of NCT of Delhi Criminal Appeal No. 1860 of 2010 5. (2014) 12 Supreme Court Cases 636 .......................................................... 88 Shamim Bano v. Asraf Khan Criminal Appeal No. 820 of 2014 6. (2013) 4 Supreme Court Cases 1 ................................................................. 99 Voluntary Health Association of Punjab v. Union of India Writ Petition (C) No. 349 of 2006 7. (2015) 9 Supreme Court Cases 740 ........................................................... 114 Voluntary Health Association of Punjab v. Union of India 8. (2014) 16 Supreme Court Cases 433 ......................................................... 132 Voluntary Health Association of Punjab v. Union of India 9. (2014) 9 Supreme Court Cases 1 ............................................................... 139 Manoj Narula v. Union of India Writ Petition (C) No. 289 of 2005 10. (2012) 8 Supreme Court Cases 1 ............................................................... 226 Mehmood Nayyar Azam v. State of Chhattisgarh Civil Appeal No. 5703 of 2012 ix 11. (2013) 4 Supreme Court Cases 244 ........................................................... 249 Sooguru Subrahmanyam v. State of A.P. Criminal Appeal No. 164 of 2008 12. (2012) 12 Supreme Court Cases 274 ........................................................ 259 K. Suresh v. New India Assurance Co. Ltd. Civil Appeal No. 7603 of 2012 13. (2015) 5 Supreme Court Cases 705 ........................................................... 275 Shamima Farooqui v. Shahid Khan Criminal Appeals Nos. 564-65 of 2015 14. (2015) 4 Supreme Court Cases 1 ............................................................... 290 K.P. Manu v. Chairman, Scrutiny Committee for Verification of Community Certificate Civil Appeal No. 7065 of 2008 15. (2015) 6 Supreme Court Cases 353 ........................................................... 323 Bhuwan Mohan Singh v. Meena Criminal Appeal No. 1331 of 2014 16. 2015 Supreme Court Cases OnLine SC 1229 ...................................... 334 Krishna Bhatacharjee Vs. Sarathi Choudhury Criminal Appeal No. 1545 of 2015 ARTICLES & LECTURES 17. Women Empowerment and Gender Justice ............................................... 353 18. Relationship between Constitutional Concepts and Criminal Jurisprudential Perspective ................................................. 377 19. Human Rights in Constitutional Context .................................................. 407 x JUDGMENTS State of M.P. Vs. Madanlal (2015) 7 Supreme Court Cases 681 State of M.P. v. Madanlal (Before Dipak Misra and Prafulla C. Pant, JJ.) State of M.P. ... Appellant Versus Madanlal ... Respondent Criminal