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भारतीय संवैधानिक क़ानून और दर्शन वैधानिक सवाल क्या है?

सम्पादकीय नोट : न्याय एक एकीकृत अवधारणा है। इसलिए, संस्थागत स्तर पर हम एक पूर्व मुख्य न्यायाधीश के खिलाफ यौन उत्पीड़न के आरोपों से जुड़े मामले में न्याय करने के लिए न्यायालय की विफलता को स्वीकार किए बगैर सर्वोच्च न्यायालय के निर्णयों पर चर्चा नहीं कर सकते हैं। इसलिए जबतक कि भविष्य में कोई भौतिक…

Why has India still not ratified UN Convention against torture? India still does not have a law condemning torture

What continues to remain amiss in the Indian legislations is the definition, and subsequent condemnation of torture by public officials. A right against torture is nothing but an affirmation of Right to Life under Article 21. However, enforcing fundamental rights is a much more tedious task than invoking the provisions of the specific law, which…

New amendment to Gujarat’s education law violating minority rights? The law has been challenged before the HC

On March 31, the Gujarat State Assembly passed the Gujarat Secondary and Higher Secondary Education (Amendment) Bill, 2021 making the appointment of teaching faculty and principal of minority educational institutions a centralised process. State government records suggest that there are 397 secondary and higher secondary schools run by religious and linguistic minority organisations in Gujarat. Further…

Gujarat’s PASA Act: A long running saga of misuse and abuse The law can detain “cruel” and “dangerous” people for up to one year

The Gujarat High Court in a recent order has pointed to the rampant misuse of the Prevention of Anti-social Activities (PASA) Act in the state. In September 2020, the Gujarat Assembly passed an amendment to the Act expanding its scope, amidst stiff opposition from the other parties. This widened the scope of abuse/misuse. With the 2020…

Repeal UAPA: End targeting of minorities and dissenters Day one of a three-day consultation on inhuman provisions of anti-terror laws

The People’s Union for Civil Liberties (PUCL) along with a hundred organisations including the Citizens for Justice and Peace (CJP) organised a three-day consultation on the implementation of the Unlawful Activities (Prevention) Act (UAPA). The session began on January 20, 2021, and here’s what transpired on day one. Repeal of the UAPA and the National…

Where do we stand on free legal aid? On National Legal Services Day we examine what legal aid entails and who benefits from it

Providing access to justice for all and building effective, accountable and inclusive institutions at all levels is one of India’s Sustainable Development Goals for 2030 as adopted during the United Nations General Assembly of 2015. A robust legal aid system is something that will contribute towards achieving this goal and will at the same time fulfil…

Prosecuting Adityanath for Hate Speech No Man Can Be Judge of His Own Cause

Can an accused chief minister decide on whether or not he should be prosecuted for hate speech? No says the advocate for the petitioner, no man however powerful can be judge of his own cause. The Allahabad bench of the High Court today faces a piquant situation and will tomorrow (May 4) hear arguments and…

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