Posts Tagged: fundamental rights

Legal

Right Against Climate Change is now Part of Fundamental Rights

When discussing the Indian Constitution, the spotlight often falls on its six fundamental rights. Among these, Article 21, the Right to Life, stands out as the 'heart of fundamental rights'. Over time, the Supreme Court has broadened the scope of Article 21 through its judgments, including other aspects such as the Right to Clean Air, the Right to Livelihood, and more.

Constitutional Developments

Article 21 of the Constitution

Article 21 is the soul of the Indian Constitution. It contains an ocean of rights within it. To this, the apex court of India has given a living body by expanding its scope and ambit. This makes the Article a complete theory to be researched.

Recent Updates

Sex Workers, Prostitution and Grey Areas in India

Sex workers face continuous brutality, violence from clients and banishment from every community activity and even their own family. The recent release of the movie Gangubai Kathiawadi, which revolves around the life of a sex worker turned campaigner, has once again brought the topic into the spotlight.

Recent Updates

What are election laws & how are elections held in India?

India holds the world's largest election with over 96 Crore voters that's more than the population of all European countries combined!

Constitutional Developments

Hijab Controversy Explained

You might have heard about the recent controversy regarding the hijab ban, but before getting into it we must understand that the word hijab is not defined anywhere in the Quran. It only talks about a partition or curtain and is to be used by the wife of prophets. They were supposed to be covered not just in their garments but also in the space that they occupy. Numerous girls across different States are protesting the hijab ban.

Constitutional Developments

Right against Sexual Harassment –A Fundamental Right

According to the recent report of the National Crime Records Bureau on Crime in India, there were 17,003 total reported cases of sexual harassment in the year 2020. Despite the pandemic and with most people working from home, still, 485 incidents of sexual harassment at the workplace were reported. Further, a study shows that male suicides are 4 times more than female suicides at a workplace. Thus, any person can be subjected to this shameful act, as it is not just a crime against the body, but it is a crime against the soul.

Constitutional Developments

Is Abortion Legal in India?

Abortion is among the few matters which have been inculcated in discussions among both national and international organisations. The whole saga revolves around the dilemma of whether the right to termination of pregnancy of a woman supersedes the right to life of an unborn foetus or child. The right to life has been recognised as a very crucial aspect of the Indian Constitution as per the provisions of Article 21.

Constitutional Developments

Is there a Fundamental Right to Drink Liquor?

Liquor is an inseparable part of the vast majority in India. Consumption of liquor amounted to 5.4 billion liters in 2016 which was expected to go up to 6.5 billion liters by 2020. It is a matter of lifestyle and choice for individuals, irrespective of the fact if it's a healthy choice or not. This leads to a question in any common citizen's mind about whether he has the fundamental right to consume liquor or not and whether the State Government absolutely banning liquor in their territory is backed by authority and justification or not.

Constitutional Developments

Do you lose the Right to Privacy when you Die?

From ‘Right to equality’ to ‘Right to Constitutional remedies’. The constitution has provided us with all the rights to safeguard us from the arbitrary actions of different organs of the state. These rights not only let us enjoy our lives thoroughly without any kind of interference, but also establish a stability in the society we live in. But there is one aspect of all these rights, that all of us often ignore, and that is, what all rights would remain with us when all of us would be dead.

Constitutional Developments

The year to end child labour

When we think of our childhood, the memories are usually associated with learning, going to school and living a carefree life. But, in India, due to the high levels of unemployment and poverty, a significant number of kids are being forced to work in harsh conditions, which is sometimes a threat to their life. Even when child labour laws exist, they are often violated as many state governments allocate very few resources to enforce child labour laws.

Legal

Social Media Sites vs Government of India

The New IT Rules and The Controversy with the Social Media Sites.

Constitutional Developments

What is Right to Information? How to file an RTI

The Supreme Court once said that- ‘People are the masters, and the masters have a right to know how the government, meant to serve them, are functioning’. Right to information, as the name suggests, is a right given to every Indian citizen whereby they can secure access to information under the control of public authorities which will promote transparency and accountability in the working of every public authority. The RTI Act mandates timely response to citizen requests for government information.

Constitutional Developments

What is a Writ Petition & How do you file one?

The term writ has not been defined in the constitution. In common parlance, a writ may be defined as an order passed by the court directing an entity or individual to act in a particular way. Derived from British jurisprudence, a writ was basically a written letter issued to someone to do some particular act. Thus, the very concept of writ petitions can be said to have originated in the English Judicial system.

Constitutional Developments

Tips and Tricks to remember Indian constitution

How can I memorize the articles of the Constitution? What are the easy ways to remember all the Fundamental Rights? What are the tricks to remember Parts of the Constitution? These are some of the questions every law student seeks answers to!

Constitutional Developments

Doctrine of the Basic Structure

Just like how important the judges are important for the courts to function, the bare acts hold importance to the lawyers, a similar significance is held by the Doctrine of basic structure to the Constitution. The term ‘basic structure’ is not explained anywhere however the idea is vividly conveyed by the constitution itself. The constitution of India is considered to be the most valuable document for the entire nation and the provisions mentioned in it are in no way, to be disregarded. So, to preserve and protect their essence, this doctrine had to come into the picture. The major concept backing it is that the Parliament shall not be overpowered to introduce a new set of laws that would affect and alter the basic structure of the constitution. Hence the doctrine states that the parliament’s unlimited power to amend the constitution is subject to only one restriction i.e. it should not dilute or violate the basic structure of the constitution. Or the effects of the amendment should not be abrogating or disturbing in nature towards the basic structure.

Recent Updates

Free Speech vs. Contempt of Court: A Face Off

Ever heard of someone being charged with a fine of Re.1? Sounds surreal but is true! One of the most eminent advocates of our country- Mr. Prashant Bhushan was asked to pay it. Well, it was just the matter of a tweet which was made by the renowned advocate about the Chief Justice of India, accompanied by a picture where he could be seen on a bike. (That picture went pretty viral, in case you aren’t aware) and ultimately landed Mr. Bhushan in a lot of trouble because not only it amounted to ‘contempt of court’ but it also invoked the concept of ‘freedom of speech’.

Constitutional Developments

The Aadhaar Verdict: Key Highlights of Supreme Court's Judgement

The Apex court had upheld the validity of the Aadhaar (Targeted delivery of financial and other subsidies, benefits and services) Act, 2016 in the judgement of K.S. Puttaswamy II, decided in 2018.

Constitutional Developments

Right to Protest in India: Is it a Fundamental Right?

Recently the newspapers and news channels are flooded with the news of farmers protesting against the Farmers bill 2020 and marching towards the capital city from various places in the Punjab and Haryana. While some quotes it as a political conspiracy, others categorise it as a genuine protest to cease the final enactment of the bill due to some apparent shortcomings. The protest is taken on a massive note and farmers got successful in arranging a meeting with the officials but they were not the only one to suffer. It appears that the residents had to also go through a lot of trouble.

Posts Tagged: fundamental rights

Right Against Climate Change is now Part of Fundamental Rights

Article 21 of the Constitution

Sex Workers, Prostitution and Grey Areas in India

What are election laws & how are elections held in India?

Hijab Controversy Explained

Right against Sexual Harassment –A Fundamental Right

Is Abortion Legal in India?

Is there a Fundamental Right to Drink Liquor?

Do you lose the Right to Privacy when you Die?

The year to end child labour

Social Media Sites vs Government of India

What is Right to Information? How to file an RTI

What is a Writ Petition & How do you file one?

Tips and Tricks to remember Indian constitution

Doctrine of the Basic Structure

Free Speech vs. Contempt of Court: A Face Off

The Aadhaar Verdict: Key Highlights of Supreme Court's Judgement

Right to Protest in India: Is it a Fundamental Right?

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