[Answered] State Laws that limit the rights of out-of-state citizens are antithetical to the idea of India as one nation. How do these laws impact the fundamental rights of the citizens? Explain.

Introduction: Mention recent state laws on reservation for locals. Body: Write the impact of these laws on the fundamental rights in detail. Conclusion: Give a way forward.  The Constitution has established India as one nation with all citizens having equal fundamental rights to live, travel and work anywhere in the country.    In the last three… Continue reading [Answered] State Laws that limit the rights of out-of-state citizens are antithetical to the idea of India as one nation. How do these laws impact the fundamental rights of the citizens? Explain.

SC says scribes should not suffer for reporting on what is already in public domain

What is the news? The Supreme Court in an order has urged the political class to be more tolerant of each other’s opinion while maintaining a temperate language in their critiques. Background: The order came after West Bengal informed the court that it had no objection to the quashing of FIRs registered on the basis… Continue reading SC says scribes should not suffer for reporting on what is already in public domain

Gujarat HC’s strictures against the campaign to stop sale of non-vegetarian food is a much-needed pushback

News: Gujarat HC questioned the Ahmedabad Municipal Corporation about restricting the sale of non-vegetarian food in the city. What is the issue all about? Read here: Targeting food: Gujarat civic bodies’ unjustifiable action on vendors selling non-veg fare must be rolled back What do the stats show about the dietary habits of Gujarat state? According to the… Continue reading Gujarat HC’s strictures against the campaign to stop sale of non-vegetarian food is a much-needed pushback

Sudha Bharadwaj bail: how HC spelt out limitations of sessions court

What is the news? Bombay High Court granted bail to lawyer-activist Sudha Bharadwaj, an accused in the Elgar Parishad case. What was the High Court’s observation regarding the bail? HC affirmed that sessions court had no power to extend arrest under UAPA. The court stated that under the National Investigation Agency Act, a special court… Continue reading Sudha Bharadwaj bail: how HC spelt out limitations of sessions court

Protect, don’t pander: On suppression of free speech

News: Bangalore’s show of stand-up comedian Munawar Faruqui has been cancelled owing to the fear that it would create law and order problems and disrupt peace and harmony. Police even arrested the local organizers and those selling tickets for the show which had nothing to do with the content of his performance . A similar… Continue reading Protect, don’t pander: On suppression of free speech

UAPA acts enacts as punishment

News: Tripura violence has led to cases against journalists under UAPA. It is time for political parties to forgo their conventional approach and make a concerted effort to repeal this unlawful law. In the backdrop of the Tripura violence, the police used the provisions under the UAPA (Unlawful Activities (Prevention) Act of 1967) to charge… Continue reading UAPA acts enacts as punishment

How loopholes in Civil Procedure Code delay justice

News: Recently, the Supreme Court awarded judgement in a civil court case after a prolonged delay. In an amendment introduced to the Civil Procedure Code (CPC) in 2002, the Law minister assured to resolve civil cases in one and a half years, but this has not yet become the ground reality. What are the challenges… Continue reading How loopholes in Civil Procedure Code delay justice

UAPA and the recent judgments – Explained, pointwise

For 7PM Editorial Archives click HERE → Introduction In the backdrop of the Tripura violence, the police used the provisions under the UAPA (Unlawful Activities (Prevention) Act of 1967) to charge journalists and 100-odd social media users for posts on communal violence. What are the other recent cases filed under UAPA? Kashmir: Recently, students in Kashmir were booked… Continue reading UAPA and the recent judgments – Explained, pointwise

The process is the punishment

Synopsis: The right to Liberty is a fundamental right as enshrined in our constitution. But given the number of people denied bail, this needs closer scrutiny. Introduction Recently in the Aryan Khan case, the courts denied the bail again. Earlier only the poor were victims of denials of bail. Now it looks like jail and… Continue reading The process is the punishment

NHRC’s remit: Human rights body has an incredibly important job, Praising govt is not part of it

Synopsis: NHRC as an institution, need to keep a check on the government and executive and not shower praises or seem compromised in its job. Introduction The government of India enacted the National Human Rights Act in 1993. As a result of which, the National Human Rights Commission (NHRC) and State Human Rights Councils were… Continue reading NHRC’s remit: Human rights body has an incredibly important job, Praising govt is not part of it

The next step is a constitutional right to health

Synopsis: Presently, any investment in health care has failed to translate into a sense of security and sanctuary for many Indians. So, the logical next step would be providing the fundamental Right to Health for all. Introduction The present pandemic, not only shows the deficiencies in our health care, but also devastated it further. So,… Continue reading The next step is a constitutional right to health

Right to protest in and on Lakhimpur Kheri needs to be protected, the legal quibble can come later

Synopsis: The court can question the legal validity of the Acts, but that does not mean that the Right to protest can be halted from implementation. Introduction Earlier, the Supreme Court questions the farmers’ protests against the Centre’s farm laws on grounds that the matter is sub judice(under judicial consideration and therefore prohibited). The court… Continue reading Right to protest in and on Lakhimpur Kheri needs to be protected, the legal quibble can come later

If Data Is Poor, Governance Will Be Poorer

Synopsis: Efficient data led to good policymaking and yield better results Introduction Today data emerges as a golden asset that is required to frame various strategies, government policies, and other things. How did the adequate data capture help people? Adequate data capture can help people in many ways. This is evident from various examples: India: Odisha is… Continue reading If Data Is Poor, Governance Will Be Poorer

Law is clear, road blockades can’t go on endlessly, says Supreme Court

What is the news? The Supreme Court has recently said farmers’ grievances could be addressed either by Parliament or judiciary, but they can’t be seen to cause harassment to commuters through sit-in dharnas on highways, hindering traffic. About the farmers’ protest and the PIL Thousands of farmers, mostly from Punjab, Haryana, and western Uttar Pradesh,… Continue reading Law is clear, road blockades can’t go on endlessly, says Supreme Court

An institution’s right to govt. aid is not a fundamental right: SC 

What is the news?  As per a recent judgement of the Supreme Court, the right of an institution, whether run by a majority or minority community, to get government aid is not a fundamental right. Both have to equally follow the rules and conditions of the aid.  The judgement came in an appeal filed by… Continue reading An institution’s right to govt. aid is not a fundamental right: SC 

Risk to online freedom

What is the news? The annual “Freedom on the Net” study is disturbing as it claims free expression has declined for the 11th year in succession. The study done by Freedom House covers 70 countries with over 88 per cent of the world’s users. The report claims online freedom is under unprecedented strain. What are… Continue reading Risk to online freedom

Behind the Great Indian Internet Shutdown

Synopsis: Despite the laws and Supreme Court guidelines, internet shutdowns are common in India. Let us see their impact and the means to handle them properly. Introduction: This article highlights the unjudicial use of Internet lockdown by the government. India’s Internet restrictions also accounted for more than 70% of the total loss to the global… Continue reading Behind the Great Indian Internet Shutdown

Data regulation is undergoing a significant revolution

Synopsis: Technology businesses are most effectively regulated through a judicious mix of law and technology. To regulating technology, we cannot have one without the other. Introduction At a high-level ministerial meeting recently, seven countries came together to endorse a techno-legal approach to data regulation. The participating delegates committed to exploring how technical frameworks such as… Continue reading Data regulation is undergoing a significant revolution

Tamil Nadu tables Bill to ensure seating facilities for employees at shops

What is the News? The Tamil Nadu Government has tabled a bill in the State Assembly that recognizes workers ‘right to sit’.  Note: Kerala is the only other State to have legislated on the ‘right to sit’ in 2018. What is the Bill? The bill seeks to amend the Tamil Nadu Shops and Establishments Act,… Continue reading Tamil Nadu tables Bill to ensure seating facilities for employees at shops

Delhi government shouldn’t congratulate itself on CCTV coverage

Synopsis: Rather than deterring crime, the surveillance projects compromise women’s safety and the liberties of all citizens. Introduction Recently the Delhi government has reported that Delhi beat cities like Shanghai, New York and London with the most CCTV cameras per square mile across the world. The government has also mentioned that Delhi has 1,826 CCTVs… Continue reading Delhi government shouldn’t congratulate itself on CCTV coverage

Better policing, please: Court observations on investigations in Delhi riots should be required reading for all major police forces

Source: This post is based on the article “Better policing, please: Court observations on investigations in Delhi riots should be required reading for all major police forces” published in The Times of India on 1st September 2021. Relevance: Understand lapses in the police investigation. Synopsis: There are few major lapses in the police investigation. These can… Continue reading Better policing, please: Court observations on investigations in Delhi riots should be required reading for all major police forces

Fundamental Rights to Reside and to Move About Freely

Source: This post is based on the article “Fundamental Rights to Reside and to Move About Freely” published in The Indian Express on 28th August 2021. What is the news? The Supreme Court has held that the power of the State to pass an externment order or a direction barring certain people entry to specified… Continue reading Fundamental Rights to Reside and to Move About Freely

Towards a more humane race

Source: This post is based on the article “Towards a more humane police force” published in The Hindu on 30th August 2021. Relevance: To understand the requirements of police reforms. Synopsis: Efforts are on to improve the human rights protection regime in police stations. Context: Recently, the Chief Justice of India expressed his concerns about… Continue reading Towards a more humane race

Covering the gaps in the game of data

Source: The Hindu Relevance: To understand the role of data in evidence-based policymaking. Synopsis: The “statistical vaccum” in India can be bridged with decentralization and if states build their own quality databases Introduction The e-Governance and penetration of the internet have made data the new talking point in Governance. The role of data and politics has… Continue reading Covering the gaps in the game of data

Give it a rest: SC reminds lower courts, cops to avoid unnecessary arrests. But bureaucratic habits die hard

Source: TOI Relevance – To differentiate between the right to arrest and need to arrest Synopsis: Supreme Court (SC) mentioned that arrest provision in law does not mean that government can use power indiscriminately to crush the personal liberty Introduction Recently, the SC has held that merely because the law allows arrest, it doesn’t mean that… Continue reading Give it a rest: SC reminds lower courts, cops to avoid unnecessary arrests. But bureaucratic habits die hard

Why the citizens’ assembly is an idea whose time has come

Source: Indian Express Relevance: To understand the idea of democracy and citizen assembly Synopsis: Democratic exercise has been reduced to periodic elections. It is time that we think of innovative solutions like Citizen’s assemblies. Introduction: There is disenchantment with political parties in the US and Europe. Assemblies are divided along the party lines and there is… Continue reading Why the citizens’ assembly is an idea whose time has come

How we’re beneficiaries of suspension of human rights

Source: LiveMint Relevance: To understand the complexity of Human rights and national security. Synopsis: Recent revelations in a book have revealed that State agencies do use the means like torture or violation of human rights to achieve the goal of national security. Introduction The recent book ‘Spy Stories: Inside the secret world of the R.A.W. and… Continue reading How we’re beneficiaries of suspension of human rights

Arrest is not always a must, says Supreme Court

Source: The Hindu Relevance: To differentiate between the right to arrest and need to arrest Synopsis: Supreme Court (SC) mentioned that arrest provision in law does not mean that government can use power indiscriminately to crush the personal liberty Introduction Recently, the SC has held that merely because the law allows arrest, it doesn’t mean that the… Continue reading Arrest is not always a must, says Supreme Court

SC: Arrest shouldn’t be done as routine

Source: Times of India What is the news? According to Supreme Court, arbitrary arrest should not be done when the accused is cooperating in the probe and there is no reason to believe that s/he will abscond or influence the investigation. Context The court passed the order on a plea of an accused seeking anticipatory… Continue reading SC: Arrest shouldn’t be done as routine

The police we need

Source: The Hindu Relevance: To understand the demands of the contemporary police system. Synopsis: As society and polity are in transition, there is an urgent need to bring transformative changes in police management to meet contemporary needs. What citizens aspire from police To treat all the individuals equally irrespective of their financial status—rich or poor To… Continue reading The police we need

Protection from Police

Source: Business Standard Relevance: The article highlights the police actions on vulnerable people and steps to stop the custodial deaths  Synopsis: The CJI has raised concerns over the threat of human rights issues in police custody. CJI’s remarks should expedite steps to stop custodial torture. Introduction: Recently, the CJI observed that Custodial violence and other police atrocities… Continue reading Protection from Police

Threat to human rights is highest in police stations: CJI

Source: Indian Express, The Hindu and Times of India What is the News? The Chief Justice of India while addressing an event organised by National Legal Services Authority (NALSA) has said, “the threat to human rights and bodily integrity are the highest in police stations”. He also observed that Custodial violence and other police atrocities… Continue reading Threat to human rights is highest in police stations: CJI

No Fundamental Right To Strike

Source: The Hindu Relevance: This article explains the Parliament’s Right to restrict the fundamental rights of the armed forces. Synopsis While the government seeks to reform the Ordnance Factory Board, the workers seem to stall the move by going on strikes. This article discusses the aspects of government bringing move to control these strikes Essential… Continue reading No Fundamental Right To Strike

Preventable abuse: SC calls out wrongful use of preventive detention. Such arrests must be made only in rare cases

Source: Times of India Synopsis  The courts have made adverse remarks in the matter of preventive detention. This has raised the debate of fundamental rights and freedom as offered in the constitution.  What is preventive detention?  It means the detention of a person without trial and conviction by the court. It is a precautionary measure to… Continue reading Preventable abuse: SC calls out wrongful use of preventive detention. Such arrests must be made only in rare cases

The hacking of Indian democracy

Source: The Hindu Relevance: Understanding various dimensions of the fall out of the Pegasus revelations. Synopsis: International treaties, rules, and reports on the issue of right to privacy & the way forward in the Pegasus case. Background The Pegasus revelations reflect an attack on Indian democracy and Indian citizens. National security is important, but it… Continue reading The hacking of Indian democracy

Preventive detention only to forestall public disorder: SC

Source: The Hindu What is the News? The Supreme Court has ruled that the provision for preventive detention cannot be invoked over apprehension of law and order problems. Furthermore, it said a person can be detained only in cases where public order is directly affected. What was the case? The judgment came on an appeal… Continue reading Preventive detention only to forestall public disorder: SC

Onus on states to implement Supreme Court order quashing Section 66A

Source: timesofindia.indiatimes.com | thehindu.com Synopsis: The centre has given its reply to a petition filed by PUCL pertaining to misuse of Section 66A by the state police. The Centre said that the onus lies with the states to implement the apex court’s 2015 judgment. Background: The Union government informed the Supreme Court (SC) that the… Continue reading Onus on states to implement Supreme Court order quashing Section 66A