H O Gupta & Associates

  Menstrual Health Is a Fundamental Right: Supreme Court’s Landmark Directions for Schoolgirls In a path-breaking judgment that places adolescent girls’ dignity and health at the heart of constitutional governance, the Supreme Court in Dr. Jaya Thakur v. Government of India has held that menstrual health is an intrinsic part of the right to life under Article 21 of the Constitution of India . A Bench comprising Justices JB Pardiwala and R. Mahadevan observed that the inability of girls to manage menstruation safely and with dignity directly affects their education, health, equality and self-worth — making menstrual hygiene a constitutional concern, not merely a welfare issue.  Why the Case Was Filed The public interest litigation highlighted how millions of school-going girls across India lack access to basic menstrual hygiene facilities , including: ·         Affordable or free sanitary products ·       ...

The Supreme Court of India has stepped into what could become one of the most consequential financial crime probes in the country’s history, directing the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) to submit detailed status reports on their ongoing investigations into alleged large-scale bank frauds involving companies of the Anil Ambani–led Reliance Group and its promoter, Anil Ambani . At the heart of the controversy lies an allegation that more than ₹1.50 lakh crore of public money , lent by Indian banks to group companies, was systematically diverted through shell entities —raising grave concerns about regulatory oversight, lender accountability, and corporate governance in India. What Triggered the Supreme Court’s Intervention? The matter came before the Supreme Court following submissions made by senior advocate Prashant Bhushan , who drew the Court’s attention to what he described as “the largest bank loan fraud in the country.” Accordin...

In Hemalatha (D) by LRs vs. Tukaram (D) by LRs & Ors. , the Supreme Court of India delivered a significant ruling reinforcing the legal sanctity of registered sale deeds . Deciding in favour of the buyer, the Court held that a registered conveyance is a solemn and authoritative act , and allegations branding such a deed as “sham” or “fraudulent” cannot be accepted lightly or on mere assertions. The judgment is a strong reaffirmation of certainty in property transactions and a caution against casual challenges to registered instruments. Factual Matrix The dispute arose from a registered sale deed executed between the original seller and purchaser. After the execution and registration of the deed, the seller (or their legal representatives) sought to invalidate the transaction , contending that: ·         The sale deed was merely a sham document , ·         It was not intended to transfer ownership, and ...

I. Introduction In Roshini Devi vs. The State of Telangana & Ors. , the Supreme Court of India delivered an important ruling curbing the routine and mechanical use of preventive detention laws . The Court quashed a detention order passed under the Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (popularly referred to as the Telangana Goonda Act ). The Supreme Court held that branding a person as a “habitual drug offender” is not, by itself, sufficient to justify preventive detention , unless the detaining authority demonstrates how the alleged activities pose a real and proximate threat to public order or public health . The judgment reinforces constitutional safeguards under Articles 21 and 22 and reiterates that preventive detention remains an exceptional measure , not a substitute for ordinary criminal law. II. Factual Background The detention order was passed against t...