Supreme Court today dismissed all Miscellaneous Applications in the Judgment of Col. Nitisha v. Union Of India, directing to approach the Armed Forces Tribunal to seek appropriate remedy in law.
The Top Court, recognizing concept of Indirect Discrimination, had in the judgment observed,
“A facially equal application of laws to unequal parties is a farce, when the law is structured to cater to a male standpoint. Presently, adjustments, both in thought and letter, are necessary to rebuild the structures of an equal society. These adjustments and amendments however, are not concessions being granted to a set of persons, but instead are the wrongs being remedied to obliterate years of suppression of opportunities which should have been granted to women.”
A Division Bench of Justice DY Chandrachud and Justice MR Shah, while dismissing all Miscellaneous Applications with liberty to pursue appropriate remedies before the Armed Forces Tribunal, observed,
“This is a very wrong practice. We have concluded our judgment, we cannot take up these MAs now. Implement the judgment, as it is, File a Review if needed.”
On the contention of Learned ASG Mr. Balbir Singh that the MAs only seek a clarification, Court said,
“Such MAs should at least not be filed by the Government of India.”
On the submission of Counsel Huzefa Ahmadi, Court responded,
“The Government has given benefit to a large number of people. In any bureaucratic set up some errors may be there, for that you can go to the Tribunal. We cannot take up Individual matters.
Go to the Tribunal, There are some human limitations on our capacity also.”
The bench added for an expeditious disposal of all these applications before the AFT.
Key Observations in Col. Nitisha v. Union of India
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Case Title: Nitisha v. Union of India
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