Category: Fundamental Rights

Section 144 of Criminal Procedure Code (CrPC) – Explained

Fundamental Rights / Internal Security

Reading Time: 5 mins Section 144 CrPC was invoked by the police forces across the country to contain the nation-wide protests against the Citizenship Amendment Act. It is widely criticised for it conferring almost unbridled powers upon the executive officers. There are no limitations to the powers given to the executive officers and the concepts within this provision is too broad to make them accountable for their actions. Reforming this provision, in this regard, to gain public trust is necessary to ensure the balance between national security and democratic rights.

Juvenile Justice (Care and Protection of Children) Act – Explained

Children / Fundamental Rights / Important Legislation (Bills & Acts)

Reading Time: 5 mins The Juvenile Justice (Care and Protection of Children) Act, 2015 was passed by both houses of parliament and came into effect on 15 January 2016. This act was under public scrutiny because of the provision that provided for the consideration of the 16-18 year olds as adults in case of them indulging in heinous crimes.

Digital India Programme – How successful is it?PREMIUM 

Inclusive growth / Internet / Right to privacy / Rural Development

Reading Time: 7 mins In recent years, India has charted a unique path to digitization, the impact of which is inclusive, empowering and transformative. It is amongst the top two countries globally, only after China on many dimensions of digital adoption. By 2022, India’s digital economy may cross $1 trillion. This was the focus of India Digital Summit 2019 that was held in New Delhi. Since its launch, it has transformed India significantly. However, it is facing numerous challenges in the current times and the government needs to take steps to make it successful for the inclusiveness and empowerment of all Indian citizens.

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[Updated] Sabarimala Temple Issue – Customs Vs Constitution

DPSP / Fundamental Rights / Religion / Women

Reading Time: 6 mins Kerala’s Sabarimala Temple issue is about the conflict between women rights and tradition. According to age-old traditions and customs, women from ten to fifty years of age were not permitted into Sabarimala Temple. However, the situation has changed when the constitutional bench of the Supreme Court on September 28, 2018, declared that restricting entry of women of menstruating age was unconstitutional. Thus the SC allowed women, irrespective of their age, to enter Sabarimala temple. 

[Updated] Right to Information (RTI) Act – Issues, Challenges, Amendment

Corruption / Fundamental Rights / Governance / Important Legislation (Bills & Acts)

Reading Time: 9 mins RTI (Amendment) Act, 2019 had received the President’s assent despite the protests due to certain controversial provisions in the amended Act. This Act seeks to empower the Centre to decide the tenure, salary, allowance and other terms of services of the Information Commissioners of the Central Information Commission and also of State Information Commissions. Giving such powers to the Centre undermines the fundamental purpose of this Act – the government’s accountability and transparency.

Consumer Protection Act 2019: Salient Features & LimitationsPREMIUM 

Fundamental Rights / Important Legislation (Bills & Acts)

Reading Time: 4 mins

In Mid-August this year, the Consumer Protection Act, 2019 had received the Presidential assent and had come to effect. The prior legislation had been amended from time-to-time on par with the changes caused due to economic liberalisation, globalisation, and digitisation of the products and services. However, the new Act is far from fulfilling the desired objective of being socio-economic legislation which sought “to provide better protection of the interests of the consumers” as there is ambiguity within the amendments.

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Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA): Critical AnalysisPREMIUM 

Employment/Human Resources / Important Legislation (Bills & Acts) / Labour Rights / Rural Development / Schemes-Wise

Reading Time: 6 mins

Mahatma Gandhi National Rural Employment Guarantee Act is a labour law that provides “Right to Work” to the rural population. It not only provides work but also has the potential to improve the infrastructure of rural India and standard of living of the rural population. However, in recent times, this Act is facing numerous issues at the ground-level. This is also contributing to India’s current economic slowdown and unemployment crisis. Therefore, the government must take measures to promote this scheme for the overall economic development of the nation.

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Protection of Human Rights Amendment Act 2019PREMIUM 

Fundamental Rights / Important Legislation (Bills & Acts)

Reading Time: 4 mins

The Parliament had passed the Protection of Human Rights (Amendment) Bill, 2019 on July this year. Human rights and fundamental freedoms are vital parts of our everyday life as they allow us to fully develop our potential as human beings. Therefore, the National Human Rights Commission is a vital part of our democracy. However, 13 out of 15 positions of the chairpersons of SHRCs were vacant and the post of chairperson of NHRC also remained vacant for a long time. Therefore, this amended Act seeks to prevent the problem of vacancies of these essential posts.

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