Section 112 in The Indian Evidence Act, 1872 still valid and enforceable, in the face of DNA testing telling that the child is illegitimate? Here is Section 112 in The Indian Evidence Act, 1872. Central Government Act Section 112 in The Indian Evidence Act, 1872 112. Birth during marriage, conclusive proof of legitimacy.—The fact that any person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate son of that man, unless it can be shown that the parties to the marriage had no access to each other at any time when he could have been begotten. Is this valid now, when we can easily find it out by DNA test? Why can't the court just order a DNA test? Also what happens if the conditions of the section are fullfilled, like the husband and wife were living together, but DNA report comes negative. What will the Indian law do? Edit: What if the husband takes a DNA test without the permission of the court, and the test came back negative? Now what will the court do? If the court now forces the guy to raise and provide for the kid then we are living in a bizzare world. If the court gives the man freedom and declares the child is illegitimate, then it's an off hand incentive for all the men to get private testing done before going to the court.
To answer the last question, the court cannot order a DNA test, see Kumar v. Gupta, on privacy grounds: &quot;such tests impinge upon the right of privacy of an individual and could also have major societal repercussions&quot;. This is not a hard line, but it would be safe to conclude that in a case like the present, the Court’s decision should be rendered only after balancing the interests of the parties, i.e, the quest for truth, and the social and cultural implications involved therein See Puttaswamy v. India, the landmark case that established the constitutional right to privacy. DNA evidence is not absolutely barred, see Banarsi Dass V. Teeku Dutta and citations therein, finding most importantly that There must be a strong prima facie case in that the husband must establish non-access in order to dispel the presumption arising under Section 112 of the Evidence Act. Various rulings have clarified that Section 112 establishes a defeasible presumption, and not a mindless bar to evidence: It is rebuttable presumption of law that a child born during the lawful wedlock is legitimate, and that access occurred between the parents. In other words, yes and no. As summarized in that ruling, tests cannot be ordered routinely or as a form of discovery, &quot;There must be a strong prima facie case in that the husband must establish non-access in order to dispel the presumption arising under Section 112 of the Evidence Act&quot;, the court must balance the consequences of ordering such a test (&quot;branding a child as a bastard and the mother as an unchaste woman&quot;), and a person cannot be compelled to give a blood sample.
What are the documents or paperwork which can prove someone is an Indian citizen? As is often the case, it depends on the context: who is seeking to prove the person's Indian citizenship? For what purpose? How did the person become an Indian citizen? For example, if the person became Indian by naturalization, a naturalization certificate would usually be necessary. If a person became Indian by birth then evidence establishing the relevant facts will be needed, and this evidence will typically include a birth certificate. We can see that a passport isn't necessary to prove citizenship because a first-time passport applicant needs to prove citizenship in the application. Whatever documents are acceptable for this must therefore constitute proof of citizenship. But there is always the possibility that an Indian citizen in possession of any document, including a passport, does something that causes the automatic loss of Indian nationality, such as naturalizing in a foreign country. At that point, the former Indian citizen will be in possession of documents that appear to show Indian citizenship without actually being an Indian citizen. Therefore, we can establish that no document or set of documents can be conclusive proof of Indian citizenship. Depending on the context, the person who needs to be convinced of a person's Indian citizenship may or may not need to take into account the likelihood that the person has somehow done something that would cause loss of citizenship. An airline agent boarding a passenger for an international flight to India will be satisfied by the passport. The immigration officer processing the passenger on arrival might however make a brief inquiry into possible expatriating acts. A judge in a court case may go as far as to undertake an intensive legal-factual analysis in which documents play a limited role, if any. Thus, the answer to your question What is the sure shot way of proving citizenship of India? is that there is none. There is always the possibility that a good-faith attempt to prove the citizenship of an Indian citizen will fail. There is always the possibility of a noncitizen having documents that were issued legitimately and purport to show that the person is an Indian citizen. In the 2013 case, it appears that the passports were issued in error. The court did not rule that passports cannot be used to prove Indian citizenship but that it &quot;may not be enough to prove you are an Indian citizen if you were born after July 1, 1987&quot; (quoting the Times of India here, not the court).
No The argument is vacuous in any event because AFAIK all jurisdictions that enforce sex discrimination laws have parental leave (paid or unpaid), not maternity leave so a man is just as likely to need it as a woman. This, of course, raises the issue of discrimination by marital status (on the basis that unmarried people are arguably less likely to have children) or age (on the basis that people outside 'childbearing' age are less likely to have children; fortunately these types of discrimination are also illegal. Notwithstanding, the loopholess you think there are in the laws are simply not there. For example s14 "Discrimination in employment or in superannuation" of australia Sex Discrimination Act 1984 starts with: (1) It is unlawful for an employer to discriminate against a person on the ground of the person's sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy or potential pregnancy, breastfeeding or family responsibilities: Later in s30 "Certain discrimination on ground of sex not unlawful" it says: (2) (a) the duties of the position can be performed only by a person having particular physical attributes (other than attributes of strength or stamina) that are not possessed by persons of a different sex from the relevant sex; If the job requires excessive strength or stamina, then you test your recruits for the level of strength or stamina the job requires.
Is abortion still legal in all 50 states? Yes But if abortion is still legal, how could there be a case that gets appealed? By arresting someone who is involved in the allegedly illegal abortion and pressing charges. The case will be dismissed by the court of first instance as being contrary to Roe v. Wade. The State will appeal the dismissal. The appeal court will uphold the dismissal. The State will eventually request an appeal to the Supreme Court. Appeals to the Supreme Court are at the discretion of the Court (they hear them if they want to hear them) . If the choose not to hear it that's the end of the matter. If they choose to hear it then they will hear evidence and decide if they will uphould or overturn the precedent they set in Roe v. Wade. Doesn't someone have to be arrested under one of the new laws, and then the judgement in that case gets appealed? Yes What prevents numerous people from being arrested during this period of confusion? Politics. Such draconian measures are likely to be counterproductive to the state's objectives. It is far more likely they will wait for a slam-dunk, open-and-shut case where a conviction on state law would be guaranteed but for Roe v Wade. They will then run that one as the test case. And even after SCOTUS rules, what prevents a state from continuing to enforce the statute, repeatedly appealing them? Arrest by the FBI. A person who knowingly and repeatedly flaunts the authority of the Supreme Court will soon find themselves facing a Federal warrant for contempt. Also, what could be the justification for appealing a ruling that the new law is unconstitutional, because of Roe v. Wade? The state will argue that Roe v Wade was wrongly determined - that the court in 1973 misunderstood or misapplied the Constitution. There are certainly arguments that could be made on that basis and most of them are contained in the dissenting judgement - the case was decided 7-2. A lower court is forced to uphold this precedent, right? Yes The appelant [sic] would have to find some procedural reason why this ruling was incorrect, they can't appeal just because they don't like the ruling and think SCOTUS might agree with them, can they? Appeals are made for an error of law. These are often procedural but they can also be an argument that a particular decision was wrong because the court that set the precedent got the law wrong. So yes, they can appeal based on the argument that SCOTUS in 1972 was wrong about Roee v Wade and that SCOTUS in 2019 (or, more realistically, 2021-23) will agree with their interpretation of the law.
Yes The only accurate thing in the linked article is: &quot;I am not a Constitutional lawyer.&quot; That could be taken further into &quot;I have no real idea how our legal and political systems work.&quot; One of the tasks of the Massachusetts Supreme Judicial Court is to interpret the laws of Massachusetts including the Massachusetts Constitution. In Goodridge v. Department of Public Health the court decided that the Constitution provided for equal protection and due process and that if the state wished to discriminate against people on the basis of sex they needed a good reason. The reasons the state put forward were: providing a 'favorable setting for procreation'; ensuring the optimal setting for child rearing, which the department defines as 'a two-parent family with one parent of each sex'; and preserving scarce State and private financial resources. On 1. the court said marriage is irrelevant for procreation and vice-versa. On 2. they said Massachusetts law on child welfare dealt with the &quot;best interests of the child&quot; and that it is not in those interests for the state to deprive the child of benefits because it doesn't like the sexual orientation of the parents. On 3. they said equal protection means equal protection. In a common law legal system like Massachusetts where courts have the power to strike down legislation then that takes effect as soon as the decision is published. The law ceases to exist without the legislature or the executive doing anything. Now, the people of Massachusetts are free to amend their constitution to outlaw same-sex marriage or remove equal protection rights if they want. However, at the time and subsequently, the majority don't want.
I think it is not possible to answer the question as is, but this document from the Indian courts lays out the relevant legal variables. A major split is between Sharers and Residuaries: a Sharers are all related by blood. A secondary split relates to testate vs. intestate succession (was there a will?). There are also special rules for West Bengal, Chennai and Bombay. A widow is generally entitled to a share of her husband's property, but if the husband dies before his father, the husband does not have his father's property. But then, if a Muslim marries under the Special Marriage Act, 1954, they are not treated legally as Muslim for purposes of inheritance. All told, it is most likely that the widow has no legal claim on the property, but still a person should engage an attorney who can assess the particulars of the case.
I haven't found a recent case like this where it constitutes evidence. Military members didn't have an express right to remain silent until somewhere in the 1950s, so one chances are there might be cases prior to that point. The present right is codified in 10 U.S.C. 831, which is Article 31 of the UCMJ. That said, there is certainly a well documented adverse inference effect. While jurors aren't supposed to take the silence into account (e.g. when a defendant elects not to testify or exercises a right against self-incrimination), it's a difficult thing to do, practically speaking.
Is it gender-based discrimination against C and in favour of B and thus a constitutional right violation? Apparently not, according to this source LGBT rights in India, Wikipedia: Same-sex sexual activity was decriminalized in 2018. [India] has ... explicitly interpreted Article 15 of the Constitution to prohibit discrimination on the basis of sexual orientation and gender identity. But many legal protections have not been provided for, including same-sex marriage. ... Same-sex marriages are not legally recognised in India nor are same-sex couples offered limited rights such as a civil union or a domestic partnership. However, things appear to moving towards equality - albeit slowly: In 2011, a Haryana court granted legal recognition to a same-sex marriage involving two women. After marrying, the couple began to receive threats from friends and relatives in their village. The couple eventually won family approval.