...Limitations to right to sleep.............................................................. 5 * Prayer............................................................................................ 7 INDEX OF AUTHORITIES 1. Ramlila Maidan Incident, In re, (2012 ) 5 SCC 1 2. Farhd K. Wadia v. Union of India, (2009) 2 SCC 442 3. Batra v. Delhi Administration (1978 (4) SCC 494) 4. Nandini Satpati v. P.L Dani (AIR 1978 SC 1025) Issue No. 1- Whether right to sleep should be included as a part of, protection of life under Article 21 Article 21 of the Indian constitution guarantees the people, the fundamental right –Protection of life and liberty which states that : No person shall be deprived of his life or personal liberty except according to procedure established by law. Article 21 speaks about right to life and sleep is an essential necessity of life, (as per Chauhan, J.) Sleep is a biological necessity, its deprivation effects a person’s health and mental condition. Interference with a person’s sleep is therefore a form of third-degree method of torture prohibited by constitution. Re-Ramlila Maidan Incident Dt. V. State secretary. In this case a huge group of...
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...freedom of assembly and association, freedom to move freely and to reside and settle anywhere in India, freedom to follow any occupation, trade or business, freedom of person, freedom against double jeopardy and against ex post facto laws. These rights are knows as Fundamental Rights and are envisaged in Part III of the Constitution of India. A person can claim Fundamental Rights against the state subject to the state imposing some permissible restrictions in the interest of social control. The grounds for imposing these restrictions on Fundamental Rights are expressly mentioned in the Constitution itself and, therefore, these rights can be abridged only to the extent laid down. The Ramlila Incident was a very unfortunate event. The Supreme Court of India took suo moto cognizance of the case and gave a new dimension to the Fundamental Rights stating that the right to sleep peacefully was a part was Article 21 and thus a Fundamental Right. The brief facts concerning the incident are that Baba Ramdev wanted the government to bring all the...
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...The word Lokpal was coined in 1963 by L.M. Singhvi, a Member of Parliament during a debate in Parliament about grievance redressal mechanisms. His son Dr. Abhishek Singhvi was head of the Parliament standing committee reviewing the bill[8] but later resigned from the post after a sex-tape controversy.[9] In order to bring to the attention of the government, the importance of enacting this bill, a focused campaigning was started in the form of the India Against Corruption (IAC) movement. Anna Hazare is heading core members of civil society and IAC movement. Being a foreground for Jan Lokpal campaign, IAC has also set up a website www.indiaagainstcorruption.org to encourage suggestions and objections from citizens across India.[7] Through these collaborative efforts till August 2011, IAC was able to upload the 23rd version of Jan Lokpal Bill draft.[10] Lokpal Bill The Lokpal Bill was first introduced by Shanti Bhushan in 1968[11] and passed the 4th Lok Sabha in 1969. But before it could be passed by Rajya Sabha, the Lok Sabha was dissolved and the bill lapsed.[12] Subsequent versions were re-introduced in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and in 2008,[13] but none of them were passed. In 2011, during the Parliament's Winter Session, the Lok Sabha passed the controversial Lokpal Bill, but it was subsequently turned down in the Rajya Sabha.[14] Timeline and cost The Lokpal Bill has been introduced in the Parliament a total of eight times since 1968. * 1968 – 3 lakh[15]...
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...ROLE OF MEDIA IN CONDEMNING VIOLENCE AGAINST WOMEN Ankita Yadav LL.M.- 2nd Semester Dr. Ram Manohar Lohiya National Law University Phone No. -9453014362 Email Address- ankita2189yadav@gmail.com INTRODUCTION The media's the most powerful entity on earth. They have the power to make the innocent guilty and to make the guilty innocent, and that's power. Because they control the minds of the masses. - Malcolm X Media is considered fourth pillar of a country thus it has lots of responsibility towards society. Media in a democratic country is considered to be a pedagogue of freedom and making society aware about the realities by reporting. It has to reflect the realities of society and report the truth in order to protect the basic human rights especially of marginalised sections of society like women. In Indian society, woman occupies a vital position but unfortunately venerable place. The Vedas glorified women as the mother, the creator, one who gives life and worshipped her as a ‘Devi’ or Goddess. It can be inferred via a relatively high position occupied by the women in Rig Vedic era, where they were part of the governance institutes like Sabha and Samiti. India's major religion i.e Hinduism portrays women as a representation of power i.e. Shakti in the form of Durga and Kali. From Vedic period onwards to the mid of 19th century, the condition of women kept on deteriorating. They were excluded from education, property and cultural rituals, and their primary...
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...By Agam H Maloo Raffles University LOKPAL AND LOKAYUKTA “Power doesn’t corrupt people, People corrupt power.” William Gadias Introduction The idea of creating an anti corruption ombudsman, in the form of a Lokpal, was first conceptualized in 1968 in the fourth Lok Sabha. Thereafter in 1971, 1977, 1985, 1989, 1996, 1998 and 2001 efforts were made to enact legislation to create the institution of Lokpal, but these efforts remained unsuccessful. Over the last few years the issue of enacting a law to create Lokpal has seen active citizen engagement. Continued civic engagement with the issue resonated with the government and the legislature and led to the passing of the Lokpal Bill in the recently concluded winter session of Parliament. The bill has received parliament's assent on 01 Jan 2013. This has been one of the few pieces of legislation in recent years which has been extensively debated publicly and received in depth parliamentary scrutiny. Before the bill was introduced in parliament, a joint committee made up of government and civil society representatives had made an attempt to draft the Bill. This effort remained inconclusive and the government introduced a Bill drafted by it in Lok Sabha. This Bill was examined by the Parliamentary Standing Committee on Law and Justice and passed by the Lower House in 2011. The Bill was then referred to a Select Committee of Rajya Sabha. Based on the recommendations of the Select Committee, the government made amendments to the...
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...National National Herald case: HC terms Gandhis’ applications as ‘infructuous’ Updated: October 15, 2015 16:01 IST | PTI Congress president Sonia Gandhi and vice-president Rahul Gandhi during the during a rally at Ramlila Maidan in New Delhi. File photo The Congress leaders had alleged that a "different treatment" was meted out to a challenge filed by them in the case. The Delhi High Court on Thursday termed as “infructuous” the applications moved by Congress President Sonia Gandhi, her son Rahul and some other party leaders alleging a “different treatment” was meted out to a challenge filed by them in the National Herald case. The Congress leaders in their application had opposed the transfer of the case from the court of Justice Sunil Gaur who had part-heard the matter for eight months to another court of Justice P S Teji. Justice Gaur on Thursday termed their “applications” as infructuous as the matter has been listed before him by the high court registry. The judge also said that he had not recused from the matter and added that the petitions came back to him as it was part-heard by him. Even senior advocate Kapil Sibal, appearing for Sonia Gandhi, agreed with the court that the applications had become infructuous and also added that they can be withdrawn. The court, thereafter, said it will hear arguments in the matter later in the afternoon. The Gandhis in their application had said their petition challenging a trial court order in the case was transferred in violation...
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...THE YEAR THAT WAS(2011-12) In a year marked by mass protests, the awakening that swept the Arab world stood out. The Arab spring was sparked by rallies in Tunisia that followed the self-immolation in late 2010 of a young market worker angered by police harassment. He died in hospital in January, prompting thousands to take to the streets in sometimes violent clashes that forced the long-time president, Zine el-Abidine Ben Ali, to flee to Saudi Arabia. Emboldened by the outcome in Tunisia, protesters soon rose up in other Arab countries. Hundreds of thousands of Egyptians filled the centre of Cairo and camped in Tahrir Square to call for Hosni Mubarak to step down. After three decades in power, Mr Mubarak withstood only three weeks of strife. Although frail, he eventually stood trial (due to resume soon) for the deaths that occurred when his security forces tried to quash the protests. Elsewhere, Yemen’s president fled in June and eventually signed a transition deal to end his 33-year reign; Saudi troops helped to put down unrest in Bahrain; and reform was embraced in Morocco and Jordan. But the Arab spring was met with stiff resistance in Syria, where protests were brutally put down by Bashar Assad’s regime, resulting in over 7,000 deaths so far. In Libya Muammar Qaddafi caused a civil war after he tried to crush an opposition movement that spread from Benghazi. NATO aircraft enforced a no-fly zone, endorsed by the Arab League, in support of the rebels. After a summer of conflict...
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