Fundamental Rights

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Constitution of India: Publication of Research on Fraudulent Practices

The Article 19(1) (a) of Constitution of India provides for the right to freedom of speech and expression. The freedom of speech and expression entitles a person to speak without any censorship or restriction.   This freedom is not restricted to only verbal speech, but extends to all mediums, that are used to impart or receive information and ideas. However, the right to freedom of speech and expression can be limited in favor of public interest, such as to curb obscenity or defamation.

Peepli LIVE: Right to Live?

  Peepli [LIVE] is the story of a farmer in debt who gets ready to commit suicide. He thinks of this route after learning about a government scheme that compensates the families of farmers who die this way. Yes, the government, that is supposed to enforce a law that considers suicide a crime, is creating conditions that encourage farmers to commit this offence. Sounds funny? It’s not.

Constitution of India: SC says Interim Bail is a Constitutional Right

In July 2010, the Supreme Court of India held that a person is entitled to interim bail pending disposal of the main application, as this is a constitutional right in consonance with Article 21 of the Constitution of India. The ruling was delivered to protect the reputation of persons, who are lodged in prison.

India Legal News: SC Grants Compensation to Duped Students

As per India legal news reports, the apex court held that students who are lured by unrecognized and non-affiliated educational institutes, through misleading advertisements, should be compensated adequately. This is a significant decision that has great relevance for today’s students. Everywhere across the country, there are new institutes claiming to be the best ones for training or grooming students into experts in the domain. However, most students may not do a thorough check at all and get cheated by unscrupulous institutes. The court said that such duped students can be compared to victims of train accidents. The court referred to them as victims of career accidents. To prevent such incidents in future, such fake institutes shall be made to pay.

Constitution of India: Freedom to Practice Parsi Beliefs

The 2001 official census reports state that the Parsi community forms 0.006% of India’s total population, with relatively high concentration in Mumbai. A few facts about the Parsis that you probably know already – they are followers of Zoroastrianism. The Parsis in India are believed to be the descendents of Iranian Zoroastrians, who migrated to India during the 10th century A.D. The Constitution of India allows the Parsis, as all others, to practice their religion freely. Article 25 of the Constitution of India guarantees the right to freedom of religion, under which all of us, as Indian citizens, enjoy the same freedom too.

Constitution of India: Mercy Pleas, Clemency Powers and Their Judicial Review in India

The Indian Constitution grants clemency powers to the President and the Governors of States, respectively through Articles 72 and 161 of the Constitution of India, respectively. The purpose was to add a humane approach by means of a reprieve or mercy. Forgiveness, as we all know, is considered to be divine. In matters pertaining to public welfare, it becomes necessary to see whether granting pardon overturns the intention of the conviction.

Indian Law: Right of Children to Free Education

In a developing country like India, a majority of the population is illiterate and living far below the poverty line. Inevitably, the Right of Children to Free and Compulsory Education Act, 2009, was enforced by the Indian government to regulate the education of children. Children related laws and issues are of considerable interest to the government and the judiciary. Under the Indian laws, every child is guaranteed, the right to admission, education and the right to not be expelled from a school.

Constitution of India: Is Pre-Censorship Legally Valid?

The Constitution of India grants citizens with the right of freedom of expression. However, censorship implies some form of restriction on speech, action or communication because it is considered harmful and objectionable by the authorized agency of the government. This has come under criticism from liberal thinkers, actors, authors, artists and others from across the world. Acclaimed Indian directors have constantly objected to any form of censorship in movies, books and artistic works.

In May 2010, the acclaimed political film Raajneeti faced censorship related difficulty as the censor board remained unsure of whether to give the movie a U or U/A certificate. There was also an allegation that the title of the movie had been lifted though Jha was quick to assert that he had registered the title five years back.  For most artists and movie makers, censorship is an arbitrary, policing tool used by the government to crush their bold endeavors to entertain the public. Let's have a look at the cases relating to pre-censorship.

Indian Laws on Liability of Grandfather to Provide Maintenance

Did you know that, under Indian laws, a grandfather is under the obligation to provide maintenance for his grandchildren if they are not capable of taking care of themselves? This applies in Hindu law even when

Right to Education: Kerala Moves Ahead with New Initiatives

Kerala, the land of lush backwaters and high literacy rate, figures in the news, this time, for its ‘bold moves’ in the field of education. The state boasts a literacy rate of 90.92 percent and a dropout rate of 0.83 percent. Socially relevant, the next three stories reflect well on Kerala. One by one, lets understand how the right to education is translated into initiatives by the government of Kerala.