Introduction The Delhi High Court ordered the removal of easy access from one of its own judgments. The move respected the petitioner’s right to be forgotten (RTBF) and aimed to prevent post-acquittal stigmatization. RTBF is a right to remove private information about a person from Internet searches and other directories under some circumstances. It is… Continue reading Right to be Forgotten – Explained, Pointwise
Tag: PO_3
Delhi High Court’s order upholds ‘Right to be Forgotten’
Synopsis: Recently, in response to a petition, the Delhi High Court ordered the removal of easy access from one of its own judgments. Delhi HC upheld the petitioner’s right to be forgotten to prevent post-acquittal disgrace faced by him. However, some experts have criticized the order, stating that minor modifications would have yielded better results… Continue reading Delhi High Court’s order upholds ‘Right to be Forgotten’
CBSE can’t refuse to change names after declaring results: Supreme Court
What is the News? The Supreme Court has directed the Central Board of Secondary Education (CBSE) to allow changes in name or date of birth in school certificates issued by it even after the publication of results. What is the issue? A petition was filed in the Supreme Court challenging the CBSE’s Examination Bye-Laws of… Continue reading CBSE can’t refuse to change names after declaring results: Supreme Court
Maratha Reservation Case Judgment and Federalism
Synopsis: Recently Supreme Court declared the reservation to the Maratha community in education and public employment as unconstitutional. This judgment is against federalism. What were the reasons given by the Supreme Courts’ five-judge Bench? One, the Maratha community did not constitute a socially and educationally backward class. Two, the law is against Indra Sawhney judgment.… Continue reading Maratha Reservation Case Judgment and Federalism
Government Must Ensure ‘Right to Life’ for Economic Recovery
Synopsis: The pandemic time warrants the state to take some proactive measures that would enable the masses to properly exercise their ‘Right to Life’. This would enhance their consumption capacity thereby fueling demand and eventually leading to revival. Background: The Indian population is undergoing severe stress due to the Covid-19 pandemic. This includes: Surviving a health… Continue reading Government Must Ensure ‘Right to Life’ for Economic Recovery
SC struck down the Maharashtra State Reservation for SEBC Act 2018
Synopsis: The SC has struck down the Maharashtra State Reservation for Socially and Educationally Backward Classes (SEBC) Act, 2018. The judgment would prevent realization of unjust benefits by the reservation. It would also encourage states to work on core supply-side issues in education and public employment which would curtail unnecessary demand for reservation. Background: The… Continue reading SC struck down the Maharashtra State Reservation for SEBC Act 2018
Maratha Reservation and the Reservation Policy in India – Explained, Pointwise
Introduction A five-judge Constitution Bench of the Supreme Court recently held the Maharashtra State Reservation for Socially and Educationally Backward Classes (SEBC) Act of 2018 as unconstitutional. This Maratha reservation law provides reservation benefits to the Maratha community in admissions and government jobs. However, the implementation of this reservation took the quota limit in the… Continue reading Maratha Reservation and the Reservation Policy in India – Explained, Pointwise
Supreme Court Upheld Validity of 102nd Constitution Amendment Act
What is the News? The Supreme Court of India has upheld the constitutional validity of the Constitution 102nd Amendment Act, 2018. About 102nd Amendment Act, 2018: The 102nd Constitutional Amendment Act, 2018 gave constitutional status to the National Backward Classes Commission. The Amendment also gives the President powers to notify backward classes. However, several states… Continue reading Supreme Court Upheld Validity of 102nd Constitution Amendment Act
SC Warn States Against Restricting Information
Synopsis: The Supreme Court has warned the police and the government against harassing the people who need help. Background The Supreme Court has issued a timely warning to the States. It is against any attempt to restrict the spreading of information about the health crisis or call for help. The court issued this warning in… Continue reading SC Warn States Against Restricting Information
States control over temples is against Secularism
Synopsis: There is an urgent need to provide adequate community representation in the management of their places of worship Background There has been a persistent demand from the communities to deregulate state control over temples. Communities are asking for their right to representation in the affairs of the management of temples. Now the question is… Continue reading States control over temples is against Secularism
Right To Education Act still has some arbitrariness
Synopsis: The Right To Education Act evolved so much in the past. But there is still some arbitrariness in the RTE Act. Introduction: Right to Free and Compulsory Education Act or RTE Act is a horizontally enforceable Fundamental Right. That is, the Right is enforceable against the State and Individuals. But the Right To Education Act… Continue reading Right To Education Act still has some arbitrariness
Sachin Waze Case | The Issue of Right to Legal Counsel in Custody
Synopsis – The NIA recently arrested Sachin Waze in the Antilia case. Waze has filed an application seeking permission to meet his lawyer. In this article, we will see the provisions regarding the right to legal counsel for those in police custody. Introduction- In Feb., an SUV was found parked near industrialist Mukesh Ambani’s multi-story… Continue reading Sachin Waze Case | The Issue of Right to Legal Counsel in Custody
The ill effects of Job reservation for locals
Synopsis: Haryana has introduced a new law where it assures 75% Job reservation for locals. This could be a disastrous decision for the Indian Economy. Introduction The Governor of Haryana has approved a law that regulates job reservation in the private sector. This could possibly hamper India’s investment climate and its socio-economic framework. The Haryana… Continue reading The ill effects of Job reservation for locals
Revisiting the Ruling of Indra Sawhney Case
Synopsis: The Supreme Court is examining the constitutional validity of the Maratha reservation policy. During the hearing, it mentioned that it will re-examine the landmark verdict in the Indra Sawhney vs Union of India case 1992. What is the Indra Sawhney Case? The Mandal Commission- In 1979 the Second Backward Classes Commission was set up… Continue reading Revisiting the Ruling of Indra Sawhney Case
Concerns associated with Local Reservation Laws
Synopsis: Enactment of local reservation laws by states would have a negative impact on low-income internal migrants. Laws will also fail to go through the constitutionality test. Background: There have been numerous instances of subnational nativism in the past: Mulki rules in Nizam-ruled Hyderabad in the late 19th century Anti-South Indian movements in Bombay in… Continue reading Concerns associated with Local Reservation Laws
The Mandal case and Reservation in India – Explained, Pointwise
Introduction Supreme Court (SC) may examine the 50% reservation cap set by the Mandal case ruling of 1992(Also known as Indra Sawhney case). The decision was taken during the examination of the constitutional validity of the Maratha reservation policy of the Maharashtra government. During the hearing, the SC asked states whether they are in favour… Continue reading The Mandal case and Reservation in India – Explained, Pointwise
Judiciary’s inconsistency in dealing with cases of Personal liberty
Synopsis: The recent rulings of the judiciary have defended the personal liberty of citizens. However, there are many instances where the judiciary failed to uphold liberty. What are the recent rulings? The following rulings highlight the role of judiciary as the first line of defence against the deprivation of the liberty of citizens. First, in… Continue reading Judiciary’s inconsistency in dealing with cases of Personal liberty
Job reservation in private sector for locals – Explained, pointwise
Introduction Recently Haryana government notified its Haryana State Employment of Local Candidates Bill, 2020. This bill provides job reservation in the private sector for locals. Prior to Haryana, States such as Madhya Pradesh, Karnataka, Andhra Pradesh also tried to provide reservation in private jobs. Now the question is whether it is a constitutionally or legally… Continue reading Job reservation in private sector for locals – Explained, pointwise
Tenure of “Commission for Sub-categorisation of OBCs” extended
What is the News? The tenure of the Commission to examine the Sub-categorisation of Other Backward Classes(OBCs) is extended. The commission now has until July 31 to submit its report. The commission is headed by Justice G Rohini. What is Sub-Categorisation of OBCs? Reservation among OBCs: OBCs are granted 27% reservation in jobs and education… Continue reading Tenure of “Commission for Sub-categorisation of OBCs” extended
India asks WhatsApp to revoke changes in its privacy policy
Why in News? The Union government has asked WhatsApp to withdraw the proposed changes to its privacy policy. Facts: Questions Posed by Government to WhatsApp: Source: Business Standard Key Concerns over WhatsApp Privacy Policy: Privacy of Citizens: The policy should be reconsidered to respect the informational privacy, freedom of choice and data security of Indian citizens. Differential… Continue reading India asks WhatsApp to revoke changes in its privacy policy
Importance of Allahabad HC judgment on Special Marriage Act
Synopsis: The Allahabad high court’s recent decision to strike down the provisions of the Special Marriage Act, 1954 that make it mandatory for couples to publish a 30-day public notice of their intent to marry is a significant and much-needed correction. About the Special Marriage Act The Special Marriage Act was originally enacted in 1872 to provide… Continue reading Importance of Allahabad HC judgment on Special Marriage Act
WhatsApp Privacy policy Issue and Data protection in India
Context: The recent WhatsApp privacy policy attracted widespread criticism among various sections of society for its latest privacy policy. Due to severe protests, WhatsApp has issued clarification related to its policy. But there is a wider concern about data protection in India. Click here to read about the new Whatsapp privacy policy What is the… Continue reading WhatsApp Privacy policy Issue and Data protection in India
Flawed understanding of triple talaq law is leading to its misuse
Synopsis– Faulty understanding of the triple talaq law i.e., Muslim Women (Protection of Rights on Marriage) Act of 2019, as well as the Islamic law on divorce is leading to misuse of the act. Introduction- In the Muslim Women (Protection of Rights on Marriage) Act of 2019, a Supreme Court Bench led by Justice D Y Chandrachud observed that mother-in-law of the second respondent… Continue reading Flawed understanding of triple talaq law is leading to its misuse
What is new in WhatsApp’s privacy policy?
News: WhatsApp has updated its terms of service and privacy policy on Wednesday for users in India.Users have till February 8,2021 to accept these in order to continue using the platform. Facts: Key Features of the Policy: End-to-End Encrypted: The messages on WhatsApp are end-to-end encrypted which means nobody can see your messages or share… Continue reading What is new in WhatsApp’s privacy policy?
Dilemma of Reservation and merit system
Introduction The year 2021 is the centenary year of the “Communal” Government Order (GO) in Madras Presidency. It introduced reservations based on castes and communities. GO was the acknowledgment of the social inequalities prevalent in the society, by the British. Reservation became one of the most divisive public issues, dividing them into ‘reserved’ and… Continue reading Dilemma of Reservation and merit system
Issue of privacy and Personal Data Protection Bill 2019
Synopsis– Present data-based technological development and Personal Data Protection Bill 2019 presents a unique challenge to the privacy of individuals. Introduction Personal Data Protection Bill 2019 – By Puttaswamy v India (2017) case, privacy was established as a fundamental right. In other cases, MP Sharma v. Satish Chandra (1954) and Kharak Singh v. Uttar Pradesh (1962), as well, Privacy rights were upheld by SC. However,… Continue reading Issue of privacy and Personal Data Protection Bill 2019
Laws against Inter-faith marriage and Fundamental rights
Synopsis– Uttar Pradesh recently passed an ordinance which criminalizes interfaith marriages, which is against the exercise of the free will of individual citizens in India. Introduction- UP ordinance which criminalizes inter-faith marriages has set an extreme example, being followed by other states like MP. In these states’ other laws on slaughter of cattle, marriage, and religious conversions have been enacted… Continue reading Laws against Inter-faith marriage and Fundamental rights
What are the issues in anti-conversion law?
Synopsis: After UP, MP has also promulgated an ordinance related to anti-conversion laws. But UP’s anti-conversion law itself is fraught with many challenges. Prohibition of Unlawful Conversion of Religious Ordinance, 2020: Law prohibits conversion from one religion to another by “misrepresentation, force, fraud, undue influence, coercion, allurement or marriage”. Marriage will be declared “shunya” (null and void) if… Continue reading What are the issues in anti-conversion law?
India’s system of bail and personal liberty
Synopsis– India’s bail system is facing in urgent need of reforms. The refusal to grant of bail violates right to liberty of individuals undergoing criminal prosecution by confining them in jails without trial and conviction. What is bail? The bail is the security given by the defendant, it acts like a surety or guarantee for the defendant to… Continue reading India’s system of bail and personal liberty
Judgment on the eligibility of Horizontal reservation candidates
Synopsis: Supreme Court in its recent judgement Saurav Yadav versus State of Uttar Pradesh, has cleared the Issue of eligibility of candidates belong to Horizontal reservation to compete for the open category seats. The issues arise due to the difference in the implementation of horizontal reservation among different states in the open category states. There… Continue reading Judgment on the eligibility of Horizontal reservation candidates
Sixth Schedule discriminates against the non-tribal
Context – The Sixth Schedule was incorporated to protect the rights of the minority tribals living within a larger state dominated by the majority. More in news Khasi Students’ Union (KSU) an influential students’ body in Meghalaya has put up banners labelling all Bengalis in the state as Bangladeshis. It is also spearheading an agitation for an… Continue reading Sixth Schedule discriminates against the non-tribal
Right to Protest in India
Context: Supreme Court in its recent order stated that farmers have a constitutional right to continue with their protest. More about judgment Petition: Order was delivered on the petitions seeking removal of farmers protesting at the borders of Delhi. Order and suggestions Supreme Court in its order upheld the farmer’s right to continue their protest… Continue reading Right to Protest in India
Farmers have constitutional right to continue with protest: SC
News: The Supreme Court has said that farmers have a constitutional right to continue with their “absolutely perfect” protest as long as their dissent against the three controversial agricultural laws did not slip into violence. Facts: Background: This ruling came by the Supreme Court during the hearing of a batch of petitions seeking removal of protesting farmers… Continue reading Farmers have constitutional right to continue with protest: SC
Religious Freedom and Personal Choices
Context: The Allahabad High Court verdict in ‘Salamat Ansari’ is a reminder of the Constitution’s most cherished values. What did the court say? Religious conversions, even when made solely for the purposes of marriage, constituted a valid exercise of a person’s liberties. The High Court ruled that the freedom to live with a person of… Continue reading Religious Freedom and Personal Choices
ISSUE OF INTERFAITH MARRIAGES AND LAWS IN INDIA
The article is based on The Big Picture: Special Marriage Act and Indian Express Explained, Roll it back appeared in the month of November. Context: The Uttar Pradesh government has cleared an ordinance that enables the state to police and punish inter-faith marriages with “the sole intention of changing a girl’s religion”. Important provisions of… Continue reading ISSUE OF INTERFAITH MARRIAGES AND LAWS IN INDIA
Supreme Court on Protecting Rights of People
News: The Supreme Court has pronounced its reasons for granting interim bail to Republic TV editor-in-chief Arnab Goswami in connection with the abetment of suicide case against him. Facts: Key Takeaways from the Judgement: Protect Personal Liberty: The Supreme Court called on judges to protect personal liberty and the right of ordinary people to bail saying liberty… Continue reading Supreme Court on Protecting Rights of People
Right to choice of women
Context: The Uttar Pradesh government has cleared an ordinance that enables the state to police and punish inter-faith marriages with “the sole intention of changing a girl’s religion”. Discuss the issues associated with the law against love jihad. Law against fundamental rights: By clearing the ordinance, the state government has trespassed the fundamental right to marry guaranteed… Continue reading Right to choice of women
Protecting Article 32
Context: The Chief Justice of India is reported to have stated during the hearing of journalist Siddique Kappan’s bail matter, that the Court was trying to “discourage” recourse to Article 32. What does article 32 says? The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this… Continue reading Protecting Article 32
Kerala’s new 118A law
Context – The Kerala cabinet recommended to the Governor the promulgation of the ordinance to insert Section 118 (A) into the Act. What is Kerala’s new 118A law? The new Section 118A has been introduced in the Kerala Police Act, 2011. According to the new law– The state government recommendation to amend the police act says that if the government… Continue reading Kerala’s new 118A law
Regulating free speech
Context: The Supreme Court’s has questioned the Union government on the measures it can and is willing to take against communally slanted television coverage. More on news: It appears to be an attempt to bring about a commitment to a course of action that will curb inflammatory journalism on broadcast media. The Court has distinguished between… Continue reading Regulating free speech
Article 32 of Indian Constitution
what is the Issue of application of Article 32 Dr B.R. Ambedkar had once said, ‘If I was asked to name any particular article in this Constitution as the most important – an article without which this Constitution would be a nullity, I could not refer to any other article except this one (Article 32).… Continue reading Article 32 of Indian Constitution
Issue of “love jihad”: Right of “free consent” for Marriage
Context: Many state governments have announced that they are considering enacting an appropriate law to stop marriages which they term as “love jihad”. What are the recent cases? A Muslim girl by birth converted to the Hindu religion and just after a month, she married a Hindu man according to Hindu rites and rituals. The Allahabad… Continue reading Issue of “love jihad”: Right of “free consent” for Marriage
Custodial Violence in India | 13th Nov. 2020
What is Custodial Violence? Custodial violence primarily refers to violence in police custody and judicial custody. It may be mental or physical in nature. Types of Custodial Violence: Physical: This includes methods of physical torture on the victim Physiological: It includes mental torture. For instance, depriving a person of food. It also includes threat and… Continue reading Custodial Violence in India | 13th Nov. 2020
importance of freedom of press in india
What is the importance of the freedom of the press? Context: The arrest of television anchor and editor-in-chief of Republic Television Arnab Goswami for alleged abetment to suicide. Why the arrest is seen as political vendetta? First, the editor-in-chief of Republic Television, Arnab Goswami was very critical of the Maharashtra state government on several issues… Continue reading importance of freedom of press in india
LGBT community rights
Context- Issues and Challenges of same sex marriages in India. What is Solicitor General Verdict on same sex marriage? Same-sex marriages are neither a part of “our culture” nor a part of the law, Solicitor General Tushar Mehta told the Delhi High Court Monday, opposing a petition demanding marriage rights for the gay community under the Hindu Marriage Act… Continue reading LGBT community rights
Freedom of press in India
What is Freedom of press? In India, freedom of the press has been treated as part of the freedom of speech and expression guaranteed by Article 19(1) (a) of the Constitution. The Indian constitution guarantees the “freedom of speech and expression” as a fundamental right of every citizen of India. Restrictions on the freedom of press: The… Continue reading Freedom of press in India
