Supreme Court (SC) Current Affairs - 2020

Supreme Court rejects Curative Petitions filed over Nirbhaya Case: What are Curative Petitions?

On March 16, 2020, the Supreme Court of India rejected the curative petitions filed over Nirbhaya case.

A Brief outlook

In September 2013, a fast track court of Delhi found the defendants guilty and pronounced death penalty to those accused of rape and murder of a 23-year old female. Since then the accused were appealing to high court of Delhi and Supreme Court of India. Recently, the accused had filed a curative petition seeking to put his execution on hold. However, the Supreme Court has rejected their pleas and the accused are to be hanged on 20th March, 2020.

The mercy petition and review petition were also rejected by the Supreme Court

What is Curative Petition?

A curative petition is filed after the plea conviction against final conviction is dismissed. The Curative petitions are filed under Article 142 of the constitution. It shall be filed after the review petition is dismissed by the apex court.

The concept of Curative petition is supported by the Article 137 of Constitution of India. The Article enables Supreme Court to review its own judgements made under Article 145.

Article 145

The article empowers the Supreme Court to make rules for regulating practices and procedures of the Court. The rules include proceedings in the court, to stay proceedings, grant bail, etc. the minimum number of judges to sit for the purpose of interpretation of the constitution is 5 according to the article.

Review Petition

The Review petitions are filed under Article 137 of the Constitution that enables Supreme Court to review its own judgement. Under Supreme Court rules, 1966, these petitions should be filed within 30 days of judgement.

SC directs search engines to block sex determination advertisements

Supreme Court (SC) has directed search engines like Google India, Yahoo and Micrsoft’s Bing to block advertisements on sex determination and strictly comply with the laws.

This ruling was given by SC bench comprising of Justices Dipak Misra and Prafulla C. Pant on public interest litigation (PIL) filed by Dr. Sabu Mathew George in 2008.

PIL had highlighted that the use of Internet and popular search engines to promote sex determination technologies violates laws.

SC directions to search engines

  • Withdraw advertisements on sex determination as it violates Section 22 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act,1994.
  • Search engines must upload this order on their policy page and also the page containing terms and conditions of service to serve as a warning for persons intending to put up such advertisements.

Background

  • Though sex determination is illegal India, it is still practiced which has a severe effects on male-female ratio.
  • As per UN data, India’s child sex ratio has dropped from 964 in 1971 to a low of 918 in 2011.
  • While between 2001 and 2011, child sex ratio has declined in more than two-thirds of the districts in the country  and this problem is worse in urban areas.