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Citizens for Justice and Peace

Legal resources

To empower citizens with knowledge of the law, in both simplified and detailed formats, helps fights injustice in all forms.

CJP’s vast archive and resource base gives all Indians, regardless of caste, gender, class or community factsheets, ready reckoners and more elaborate judgement primers to understand how our judiciary and legislature, both, are furthering fundamental freedoms and rights.

Gujarat’s PASA Act: A long running saga of misuse and abuse The law can detain “cruel” and “dangerous” people for up to one year

The Gujarat High Court in a recent order has pointed to the rampant misuse of the Prevention of Anti-social Activities (PASA) Act in the state. In September 2020, the Gujarat Assembly passed an amendment to the Act expanding its scope, amidst stiff opposition from the other parties. This widened the scope of abuse/misuse. With the 2020…

Foreigners’ Tribunals: Why were they established and how do they operate? A ready reckoner to empower you with correct information and help you spot procedural violations

Recently Citizens for Justice and Peace (CJP)’s Assam team discovered that a number of Foreigners’ Tribunal (FT) notices had been pasted on electricity poles in Bongaigaon in Assam. This is a clear violation of set law and procedure. In order to spot violations, one must first understand exactly how FTs are supposed to operate. Here,…

Pasting FT notices on electricity poles a violation of set law, procedure Assam Border Police’s actions are in contravention of provisions of FT Order 1964

Recently the Assam team of Citizens for Justice and Peace (CJP) had discovered many notices by Foreigners’ Tribunals (FT) pasted on electricity poles in Bongaigaon in Assam. This is a clear violation of procedure laid down explicitly by the Foreigners (Tribunal) Order of 1964. As per point 3 of this order that deals with Procedure for…

Indian courts and Medical Bail NIA court denied Father Stan medical bail on March 22

The Special NIA court rejected Father Stan Swamy’s bail plea on grounds that “he was not only the member of banned organisation CPI (Maoist) but was also carrying out activities to further the objective of the organisation which is nothing but to overthrow the democracy of the nation.” The NIA had initially sought 20 days…

Personal Laws vis-à-vis Fundamental Rights, Part III of the Constitution Analysing State of Bombay v. Narasu Appa Mali, 1951

In India, personal laws deal with marriage and divorce, maintenance, guardianship and succession, joint family and partition etc. These are broadly be characterised as ‘family laws’. While India is a secular country otherwise; in the context of its personal laws, it is essentially pluralistic. Thus, while the Indian Constitution guarantees equality before the law, and…

When rights weigh down laws and bail is granted When courts invoke discretionary jurisdiction to uphold right to liberty

The grant of bail to 82-year-old Telugu Poet Varavara Rao on medical grounds has highlighted that a prisoner is not denuded of his fundamental rights, just because he has been remanded to custody through due procedure of law. It is relevant to examine how courts have upheld the rights of prisoners despite the crimes alleged…

Bail under UAPA: Does the new SC judgment offer a ray of hope? CJP compares two SC judgements on bail under UAPA: Watali, 2019, and Najeeb, 2021

The Supreme Court recently passed a judgment upholding Kerala High Court’s order granting bail to an accused charged under the stringent Unlawful Activities (Prevention) Act (UAPA). This judgment has set a new precedent for consideration of bail of persons charged under UAPA, the number of which has been on the rise since the 2019 amendment…

Ordinances that mocked the Constitution Were they promulgated as per prescribed procedure?

In Indian Constitution, the power to enact laws has been primarily given to Parliament and state legislatures as they enjoy the mandate of the public vote in their respective territories. At the same time, to meet the extraordinary situations demanding immediate enactment of laws, the Constitution empowers the President and Governors to enact laws in…

Ramifications of Bom HC judgement on ‘media trials’ Court warns news channels against abusing Right to Freedom of Speech

A Bombay High Court bench headed by Chief Justice Dipankar Dutta delivered a rather lengthy judgment analysing media trials and whether the media over stepping and obstructing investigation in criminal cases amounted to criminal contempt of court. While the court refrained from issuing any notice of contempt of court for obstructing administration of justice, it…

“Love Jihad” laws curb individual and collective freedoms A comparative table of Anti-Conversion laws of four Indian states

As the courts of law gear up to hear petitions against new anti-conversion laws of Uttar Pradesh and Uttarakhand, the States of Himachal Pradesh and Madhya Pradesh have also formulated their anti-conversion or ‘love-jihad’ laws. While the common thread in these four laws is that they make religious conversion by marriage to be illegal, there…

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