10 Most Interesting Indian Court Cases Everyone Needs To Know
10 Interesting Indian Court Cases You Need To Know
Yes, it's a cliché but India is a great example of how often fact is
stranger than fiction.
The Indian Judicial System is a treasure trove of such stories.
Here are some of the most important and influential cases in
Indian history.
Read on.
1. K.M. Nanavati vs State of Maharashtra (1959)
This case was the last time there was a jury trial in India. KM Nanavati,
a naval officer, murdered his wife's lover, Prem Ahuja. A jury trial was
held to decide whether it was a crime of passion (carrying a ten year
sentence) or pre-meditated murder (life imprisonment) to which Nanavati
pleaded 'not guilty'. The jury ruled in favor of him but the verdict was
dismissed by the Bombay High Court and the case was retried as
a bench trial.
2. State of Orissa vs Ram Bahadur Thapa (1959)
This is a bizarre one. Ram Bahadur Thapa was the servant of
one J.B. Chatterjee of Chatterjee Bros. firm in Calcutta. They had come
to Rasogovindpur, a village in Balasore district in Orissa to purchase
aeroscrap from an abandoned aerodrome outside the village. Because it
was abandoned, the locals believed it was haunted. This piqued the
curiosity of Chatterjee who wanted to "see the ghosts". At night, as they
were making their way to the aerodrome they saw a flickering light within
the premises which, due to the strong wind, seemed to move. They thought
it was will-o'-the-wisp. Thapa jumped into action as he unleashed his khukri
to attack the "ghosts". Turns out, they were local adivasi women with a
hurricane lantern who had gathered under a mohua tree to collect some
flowers. Thapa's indiscriminate hacking caused the death of one Gelhi
Majhiani and injured two other women. The Sessions court judge however,
acquitted Thapa declaring that his actions were the result of a stern belief in
ghosts and that in the moment, Thapa believed that they were lawfully justified.
3. Mathura Rape Case (1972)
This is one of the most important cases in the country, because the
protests that followed the verdict, forced some important changes in
rape laws in India. Mathura, a young tribal woman, was raped by two
constables within the premises of the Desai Ganj Police Station in
Chandrapur district of Maharashtra. The Sessions court judge found
the accused not guilty. The reasoning behind this was (believe it or not)
that Mathura was habituated to sexual intercourse. This, according to
the judge, clearly implied that the sexual act in the police station was
consensual. The amendments to the law that were forced by the protests
got one thing right - submission does not mean consent.
4. Kesavananda Bharti vs State of Kerala
If there's one reason India can still call itself 'the world's largest democracy',
it is this case. Swami Kesavananda Bharti ran a Hindu Mutt in Edneer village
in Kerala but the state wanted to appropriate the land. Bharti, who was
consulted by noted jurist Nanabhoy Palhkivala, filed a petition claiming that
a religious institution had the right to run its business without government
interference. The State invoked Article 31 which states "no person shall be
deprived of his property save by authority of law." A bench of 13 judges
deliberated on the facts of the case and through a narrow 7-6 majority,
formulated the Basic Structure Doctrine, which puts some restrictions to
how much the Parliament can amend the Constitutional laws. In many ways,
the judgement here is considered to be a big middle finger to the then
Central government under Indira Gandhi. Soon after, the emergency followed.
5. NALSA vs Union of India (2014)
This is the landmark decision by the Supreme Court of India which
declared that Transgendered People were the 'third gender' and that they
had equal rights as any other gender. The petitioner in this case was the
National Legal Services Authority (NALSA).
6. Mohd. Ahmed Khan vs Shah Bano Begum (1985)
62-year old mother of five, Shah Bano Begum was divorced by her husband,
Mohd. Ahmed Khan. She filed a criminal suit against him in the Supreme
Court and claimed alimony, which was then granted to her. But then the
Islamic orthodoxy protested the judgement claiming the practice of granting
alimony as anti-Islamic. The Congress government, which was in power
back then, succumbed to the pressure and passed the Muslim Women
(Protection of Rights on Divorce) Act, 1986 which diluted the Supreme Court
judgement and further denied destitute Muslim divorcees the right to alimony
from their ex-husbands. This case is regularly mentioned during talks about
'Uniform Civil Code' in the country.
7. Lal Bihari Identity Case (1975-1994)
Lal Bihari, was born in 1955; was dead through 1975 to 1994, and
since then he has been an activist. Yes, you read that right. His uncle
had bribed government officials to declare him dead so as to inherit their
ancenstral land, and so, as per official records, Mr Lal Bihari was
registered as 'deceased'. Once he realized what had happened, he
started his struggle against the Indian bureaucracy to prove that he was
alive. In the meantime, he performed his mock funeral, asked for widow's
compensation for his wife, stood in the election against Rajiv Gandhi in
1989 and even added a 'Mritak' to his name. As of now, he heads an
organization that tries to handle similar identity cases for people who
have been officially declared dead but are actually still alive.
8. Bhawal Case (1921-1946)
It's still regarded as one of India's weirdest identity cases. It mainly
revolved around a possible impostor who claimed to be the prince of
Bhawal Estate, one which comprised over 2000 villages and was one
of undivided Bengal's largest zamindari estates. Ramendra, the second
kumar of the Bhawal estate died in the early 20th century, but there were
rumours about him not really being dead. Ten years later, in 1921, a
sanyaasi who looked a lot like Ramendra was found wandering the streets
of Dhaka. For some reason, the former tenants and farmers of Ramendra
vouched for this man and also supported his claim to the title. Almost
everyone except Ramendra's widow, Bibhabati, believed him. There was
a long legal process involving two trials where both sides attempted to
prove their claims. In the meantime, the new Ramendra also moved to
Calcutta and where he was welcomed in the elite circles. He used to
regularly collect 1/3rd of the estate revenue, which was his share. He
used that money to support his lifestyle while also paying the legal fees
of the case. In the end, in 1946, the court finally ruled in his favour, but soon
after that he passed away due to a stroke he had suffered a couple of
days earlier.
9. Tarakeswar Case (1874)
This case was so (for lack of a better word) 'popular', that authorities
had to sell tickets to let people come inside the sessions court. And
the story itself is nothing short of a blockbuster. Nobin Chandra slit the
throat of his 16-year old wife, Elokeshi, who was apparently having an
affair with the mahant of the local Tarakeswar temple. Even though
Nobin Chandra handed himself over to the police and confessed his crime,
the locals were mostly on his side. The police had to let him go after
two years, even though he was serving a life imprisonment while the
mahant was arrested and put behind bars for three years. Alternatively,
there were also rumours that the mahant had raped Elokeshi on the
pretext of helping her out with "fertility issues". This case was really
important for that time period because this was seen by the society as
one of those moments where the British rulers meddled in the affairs of
the Bengali bhadralok and a temple priest, something that was very rare
back in those days.
10. Vishakha and Others vs. State of Rajasthan (1997)
Before the Vishakha Guidelines came in, the workplace was
dangerous for many women especially in case of sexual harassment.
In 1992, Bhanwari Devi was gang-raped by upper caste men in her
village because she tried to raise her voice against child-marriage.
Due to gross negligence, the vaginal swabs collected from her body
were taken 48 hours after the incident. Ideally, it should be done so
within 24 hours. Shockingly, the judge presiding over her case
(this was the seventh judge after six others were removed) acquitted
the accused, even going so far to say, "Since the offenders were upper-
caste men and included a brahmin, the rape could not have taken place
because Bhanwari was from a lower caste." Following the outrage over
this acquittal, Vishakha and some other women's groups filed a PIL against
the State of Rajasthan and the Union of India, forcing the latter to adopt the
Vishakha Guidelines which now protects working women all over the country.
These are just a few cases that were important and/or influential
in India's history.
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