SC slams foreign court for travel ban on child, terms honour killing as murder, and NC dismisses Dulat’s Article 370 claim as a publicity stunt for book promotion.
Daily Current Affairs 18 april 2025
NC SLAMS FORMER RAW CHIEF A.S. DULAT OVER ARTICLE 370 CLAIM
Issue : A.S. Dulat – Alleged Support for Article 370 Abrogation
The National Conference refuted former RAW chief A.S. Dulat’s claim that Farooq Abdullah privately supported Article 370 abrogation. The party labeled it a publicity stunt to promote his new book and reiterated Abdullah’s consistent public opposition to the move, highlighting his resistance and role in forming the Gupkar Alliance.
Legal Provisions
- Article 370 (Abrogated on 5 August 2019): Granted special status to Jammu & Kashmir.
- Article 35A: Empowered J&K to define its residents and their rights.
- Presidential Order (2019): Revoked Article 370 via constitutional order under Article 370(1)(d).
- Gupkar Declaration (2020): Political coalition demanding Article 370 restoration.
- Indian Penal Code – Defamation (Section 499): Protection against reputational harm via false statements.
SOURCE: National Conference
FOREIGN COURT’S TRAVEL BAN ON CHILD IS ATROCIOUS, VIOLATES HUMAN RIGHTS: SUPREME COURT
Case Name: X vs. The State of Karnataka & Ors. (Supreme Court of India, 2025)
The Supreme Court condemned a Dubai Court’s travel ban on a minor in a custody dispute, calling it a violation of human rights and akin to house arrest. While issuing limited notice for visitation rights, the Court stressed that foreign decrees cannot override the child’s welfare, which must remain paramount.
Legal Provisions
- Article 21, Constitution of India: Right to life and personal liberty includes freedom of movement and dignity.
- Foreign Marriage Act, 1969: Governs marriages involving Indian citizens abroad.
- Guardians and Wards Act, 1890: Central statute for custody and welfare of minors in India.
- Habeas Corpus Writ: Issued to protect personal liberty in unlawful detention cases; applicable to child custody if illegal confinement is proven.
- Comity of Courts Principle: Recognition of foreign judgments is not automatic—subject to Indian public policy and welfare of the child.
- Judicial Precedents: Indian courts consistently hold that in custody cases, the child’s best interest supersedes technical legalities or foreign court orders.
Source: Supreme Court of India
SC TERMS HONOUR KILLING AS MURDER, SLAMS LOWER COURTS FOR WRONG CHARGES
Case Name: Ayyub Ali vs. State of Uttar Pradesh & Ors. | SLP (Crl) No. 13433/2024
The Supreme Court overturned the Allahabad High Court and Trial Court’s decision to charge an honour killing under Section 304 IPC. Declaring it a “clear case of murder,” the Court directed trial under Section 302 read with Section 34 IPC and ordered the appointment of a special prosecutor within 6 weeks.
Legal Provisions
- Section 302 IPC: Punishment for murder
- Section 304 IPC: Culpable homicide not amounting to murder
- Section 34 IPC: Acts done by several persons in furtherance of common intention
- Honour Killing Jurisprudence: Recognised as aggravated form of murder by Indian courts
- Post-Mortem Findings: 14 injuries; death by shock and haemorrhage
- Judicial Oversight: SC’s power to reframe charges in interest of justice
- Special Prosecutor Provision: To ensure fair and effective trial under CrPC
Source: Supreme Court of India
Also Read- DAILY CURRENT AFFAIRS (17 APRIL 2025)
WRITTEN BY– ISHA SHARMA
EDITED BY – VISHAKHA KHATRI
