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Showing posts with the label Article 21

The Unlawful Activities (Prevention) Amendment Act, 2019: A qualitative study of the violation of individual’s fundamental rights.

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  On 19 June 2021, the supreme court issued a notice against the Delhi High court order granting bail to student activist Natasha Narwal, Devangana Kalita, and Asif Iqbal Tanha who had been charged under chapter IV of the UAPA under section 15, 17,and 18 [i] in a Northeast Delhi riots conspiracy case [ii] . Earlier on 15th June 2021, a bench compromising  justices Sidharth Mridul and Anup Jairam Bhambhani  granted bail to these 3 accused. On 23 June 2021, another activist named Akhil Gogoi was given clean chit who was also booked under UAPA.   So, what is UAPA act? Who is a terrorist under UAPA? Whether one can challenge the constitutional validity of UAPA? Is it violate article 14, article 19, and article 21 of the Indian constitution? Let’s have a look at this act. The Unlawful Activities (Prevention)Act, 1967 The unlawful Activities (Prevention) Act, 1967 is an enhancement of the Terrorist and Disruptive Activities (Prevention) Act which is commonly known as...

Gender neutral Laws- challenge to absurd gender distinctions

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As our society is evolving and moving towards a new phase in every sector there is an urgent requirement to address sexual harassment not only for women but also for other genders i.e., third gender. The Supreme Court in a landmark judgment of National Legal Service Authority vs. Union of India 2014, recognized the third-gender rights and gave them reservation in the OBC category so that they can also live their life with dignity. Under this judgment, the Supreme Court has asked the central government and the state government to devise social awareness campaigns for re-establishing their respect in society.   But as soon as the third-gender i.e. LGBTQ community got recognition within the society and given opportunity to get educated and employed, they continued to face sexual harassment at the workplace. But, there is no law regarding the protection of their dignity in society if it is outraged by any random man. Addressing the same issue a PIL was filed in the Supreme Court for ...