Child Custody Battle During Divorce: Who gets custody of a toddler or child below 5 years?
Under Section 6(a) of the Hindu Minority and Guardianship Act, the custody of a child who has not completed 5 years of age shall ordinarily be with the MOTHER. In all custody disputes, the "Welfare of the Child" is paramount above parental claims.
- • 1. For children under 5, maternal care, bonding, and breastfeeding give mothers statutory custody presumption.
- • 2. The father or in-laws cannot forcefully snatch a toddler without a Family Court order.
- • 3. Non-custodial parents are legally entitled to regular physical visitation rights and video calls.
- 1. If a toddler is forcibly snatched by the spouse, file a Habeas Corpus petition under Article 226 before the High Court.
- 2. File an interim custody petition under Section 12/21 of the Domestic Violence Act before the Magistrate.
- 3. Apply for permanent custody before the Family Court emphasizing child welfare, health, and schooling.
- 4. Propose a fair visitation schedule to ensure the child receives love from both parents.
Dignity of the Deceased: Does every deceased citizen have a fundamental right to a dignified funeral?
YES. The Supreme Court in Pt. Parmanand Katara affirmed that the right to life and human dignity under Article 21 extends beyond death. Every deceased human being is entitled to a dignified burial or cremation according to their faith without extortion or desecration.
- • 1. Hospitals, mortuaries, or crematoriums cannot withhold dead bodies for money or charge exorbitant fees.
- • 2. Desecration, mistreatment, or commercial exploitation of a dead body is a punishable offense under Section 301 BNS (Section 297 IPC).
- • 3. State and local municipal authorities are constitutionally obligated to perform decent last rites for unclaimed or indigent bodies.
- 1. If a crematorium or municipal burial ground extorts inflated unreceipted charges, record proof and notify the Municipal Commissioner.
- 2. If a hospital detains a deceased family member over unpaid bills, dial 112 immediately for police intervention.
- 3. Move the High Court on emergency duty bench for immediate release and dignified custody of the deceased.
- 4. File complaints before the Human Rights Commission for violation of Article 21 post-mortem dignity.
Transgender Rights in Jobs & Housing: Can employers or landlords discriminate against transgender individuals?
STRICTLY PROHIBITED. Under the Transgender Persons (Protection of Rights) Act 2019 and the landmark NALSA judgment, any discrimination in employment, education, healthcare, or housing against a transgender person is a punishable offense.
- • 1. No establishment can deny employment, promotion, or terminate services based on gender identity.
- • 2. Every establishment must designate an Equal Opportunity Policy and appoint a Complaint Officer under Section 11.
- • 3. Forcing a transgender person to leave a house or denying rented accommodation is punishable under Section 18.
- 1. Apply for your Certificate of Identity through the National Portal for Transgender Persons (transgender.dosje.gov.in).
- 2. If denied employment or tenancy, file a written complaint before the establishment Complaint Officer.
- 3. Approach the District Magistrate (DM) who acts as the nodal grievance authority under Section 18.
- 4. File a writ petition before the High Court under Article 226 for enforcement of fundamental rights.
Interfaith Marriage: Can police, parents, or vigilante groups stop an adult couple from marrying under the Special Marriage Act?
STRICTLY ILLEGAL. The Supreme Court in Shafin Jahan (Hadiya case) and Shakti Vahini ruled that adult citizens have an absolute constitutional right under Article 21 to choose their life partner irrespective of caste or religion. Vigilante interference or police harassment is strictly illegal.
- • 1. Any two adult Indian citizens (female 18+, male 21+) can marry under the Special Marriage Act without religious conversion.
- • 2. Police cannot register kidnapping or abduction FIRs against a spouse when the adult girl voluntarily chose marriage.
- • 3. State governments are mandated to provide Safe Houses and police protection to inter-caste and inter-faith couples.
- 1. Submit a 30-day notice of intended marriage before the Marriage Officer (Sub-Divisional Magistrate).
- 2. If facing death threats or family harassment, approach the High Court for police protection under Article 226.
- 3. Appear before the Marriage Officer with 3 adult witnesses to sign the Marriage Certificate.
- 4. Dial National Emergency Helpline 112 or contact the District Safe House Protection Cell.
Can the state arbitrarily shut down mobile internet under Section 144 or during public exams?
NO! Under Supreme Court ruling in Anuradha Bhasin (2020), access to the internet is a fundamental right under Article 19(1)(a) & 19(1)(g). Indefinite or arbitrary suspensions without necessity and proportionality are unconstitutional.
- • 1. Fundamental Right to Internet: The Supreme Court held in Anuradha Bhasin v. Union of India (2020) that freedom of speech and the right to carry on trade/profession over the internet are constitutionally protected under Article 19(1)(a) and 19(1)(g).
- • 2. Strict Test of Proportionality: The State cannot shut down internet services as a routine administrative measure or to prevent exam cheating. It must be the least restrictive measure adopted only during genuine public safety emergencies.
- • 3. Mandatory Public Publication: All suspension orders issued under the Temporary Suspension of Telecom Services Rules, 2017 must be published openly in the public domain so citizens can judicially challenge them.
- • 4. 15-Day Maximum Duration: Under the Telecom Suspension (Amendment) Rules, 2020, no suspension order can extend beyond 15 calendar days at a time and must be reviewed within 5 working days by a statutory Review Committee.
- 1. Demand and inspect the official written notification issued by the competent Home Secretary under Telecom Suspension Rules, 2017.
- 2. Document disruptions to essential livelihoods, online education, medical emergencies, or UPI digital banking transactions.
- 3. Challenge arbitrary or prolonged internet shutdowns by filing an urgent Writ Petition under Article 226 in the High Court citing Anuradha Bhasin (2020).