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Citizens for Justice and Peace

fundamental rights

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…

Where do we stand on free legal aid? On National Legal Services Day we examine what legal aid entails and who benefits from it

Providing access to justice for all and building effective, accountable and inclusive institutions at all levels is one of India’s Sustainable Development Goals for 2030 as adopted during the United Nations General Assembly of 2015. A robust legal aid system is something that will contribute towards achieving this goal and will at the same time fulfil…

Understanding the right to default bail It is an extension of Article 21: Right to Life and Personal Liberty

The Supreme Court of India has held that there is a fundamental right granted to an accused person to be released on bail once the conditions of the first proviso to Section 167(2) of the Code of Criminal Procedure are fulfilled. Moreover, life and personal liberty of an individual must be paramount. The three-judge Bench…

Violation of the Constitution of India

The communal violence that engulfed the state of Gujarat in 2002, was a gross violation of the Principles enshrined in the Indian Constitution. Not only were the acts of the government and other perpetrators in violation of the Fundamental Rights of the victims but also their other rights as mandated in the constitution. Below is…

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