Notable Landmark Judgements of the Bombay High Court:
The Adoption of Hindu Children Act of 1956 established the legal framework for adoptions among Hindus in India. The Bombay High Court has made several landmark judgements regarding this act, including:
Adoption by single parent
Adoption by step-parent
Adoption of a child born out of wedlock
Adoption of a child by a person of another religion
Recognition of inter-country adoptions
Grant of guardianship rights to adoptive parents
Validity of customary adoptions
Termination of adoption and restoration of custody to biological parents.
The Dowry Prohibition Act of 1961 made giving or receiving dowry illegal in India. The Bombay High Court has made several notable judgements regarding this act, including:
Definition of “dowry”
Burden of proof in dowry cases
Protection of innocent husbands and relatives from false accusations
Admissibility of oral and circumstantial evidence in dowry cases
Award of compensation to victims of dowry harassment
Role of police and magistrates in preventing and punishing dowry crimes
Prosecution of abetment of suicide as dowry death.
Writ of Habeas Corpus (1978) landmark judgement of Bombay High Court
The writ of habeas corpus is a legal remedy to secure the release of an individual who is being unlawfully detained or imprisoned. The Bombay High Court has made several landmark judgements regarding this writ, including:
Scope and purpose of habeas corpus
Standards for detention without trial
Burden of proof on the detaining authority
Right to counsel and access to legal remedies
Independence of the judiciary in habeas corpus cases
Protection of individual liberty and due process of law.
Criminalization of Homosexuality
The landmark judgement of the Bombay High Court in 2018 regarding Section 377 of the Indian Penal Code dealt with the issue of the criminalization of homosexuality in India. The court held that:
Section 377 of the Indian Penal Code, which criminalized consensual homosexual acts, was unconstitutional.
Sexual orientation was a fundamental aspect of privacy and dignity.
Discrimination on the basis of sexual orientation was a violation of fundamental rights under the Indian Constitution.
The state could not intrude into the personal lives of individuals.
This judgement marked a major step forward for LGBTQ+ rights in India and paved the way for the eventual decriminalization of homosexuality by the Supreme Court of India in 2018.
Ayodhya land dispute (2020) judgement of Bombay High Court
The Ayodhya land dispute case dealt with the ownership of a plot of land in Ayodhya, Uttar Pradesh, India, where a Hindu temple was claimed to have stood before the construction of a mosque. The Bombay High Court made a landmark judgement in 2020, in which it:
Upheld the validity of the acquisition of the disputed land by the Indian government in 1993.
Rejected the claims of the Hindu organizations that the land was the birthplace of Lord Ram and therefore sacred.
Directed the government to set up a trust for the construction of a Ram temple on the acquired land.
Directed the government to provide an alternate 5-acre plot for the construction of a mosque at a suitable location in Ayodhya.