fundamental right
RTI Act: A safeguard to participatory democracy
Right to Information Act has been revolutionary in terms of the transparency that is offered to people of the world’s largest democracy. It became a real assurance of the fruitfulness of democracy to the people which helps citizens seek answers from an accountable government from and for them. Right to Information Act, 2005 has ensured…
Madras High Court suo moto considers violence at doctor’s burial
A special bench comprising of Justices M Sathyanarayanan and M Nirmal Kumar of the Madras High Court on April 20 on its own took into cognizance of the barbaric incidents that took place while the body of doctor who served the people suffering from Coronavirus was taken for burial at Velangadu on Sunday. The bench…
Madras HC dismissed a petition challenging the exemption of print media operations from lockdown to control the spread of COVID-19
T. Ganesh Kumar v. Union of India, WP No. 7457 of 2020, decided on 09-04-2020 The petition was filed challenging the exemption given by the Centre to the print media and electronic media by virtue of Notification No. 40-3/2020 dated 24-03-2020. A Division Bench comprising of Justice N Kirubakaran and Justice R Hemalatha made keen observations on the significance…
Blocking National Highways by Karnataka for preventing people from accessing medical facilities violates Articles 19 and 21:Kerala tells SC
The Kerala government told the Supreme Court on Monday that Karnataka is blocking National Highways in order to prevent Coronavirus, the state is not only preventing the movement of those individuals who are in fatal need for medical treatment, but is also hindering the movement of essential commodities through the said roads. Some roads are being…
Right to be forgotten: A weapon to fight the perfect memory of the internet
Right to be forgotten on the internet empowers an individual to ask organisations to delete their personal information after it’s purpose is served or when it is no longer relevant. It is provided by European Union’s General Data Protection Regulation (GDPR), a law passed by twenty-eight members bloc in 2018. In olden days it was…
Surrender of a passport can be ordered to ensure the presence of parties in contempt proceedings
With the decision in Maneka Gandhi Case, 1978, Freedom to move freely was said to be a fundamental right under Article 21 of the constitution. This provides that a person is liberal to move within the territory of India or outside it, with subject to reasonable restrictions and the Passport Authority cannot restrict anyone on…
No voting rights for prisoners: Delhi HC judgement
The Delhi high court dismissed a PIL seeking voting rights for prisoners, it saw no reason to entertain the plea and hence dismissed it. The petition was regarding the constitutionality of the Sec 62(5) of the Representation of People Act, The election commission of India informed the Delhi High court that the prisoners do not…
Constitutional Right to Education
Right to Education is an imperative and extremely substantial right for every citizen in the country, regardless of their age. It is a fundamental right that needs to be accessible, for the growth of a country and development of the economy. Providing constitutional rights to education will essentially help improve the literacy rate, making India…
Right to freedom of speech and expression through the internet is a part of Article 19 (1) (a): SC
On the 10th January 2020 Supreme Court held the “freedom to access the Internet” is a fundamental right and is protected under Article 19(1)(a) – freedom of speech and expression – of the Constitution of India. Holding that orders suspending the internet under the Suspension Rules were subject to judicial review, the court, however, stopped short…
Right to Privacy and Analysis of Puttaswamy Judgment
According to the Black’s Law Dictionary, “Right to Privacy is the right that determines the non intervention of secret surveillance and the protection of an individual’s information. It is split into 4 categories (1) Physical: An imposition whereby another individual is restricted from experiencing an individual or a situation. (2) Decisional: The imposition of a…
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