There was an outrage over the Jammu & Kashmir government’s decision to free separatist leader Masarat Alam, who was detained eight times under the Public Safety Act (PSA). Although there had been intermittent calls for revoking AFSPA (Armed Forces Special Powers Act), there has hardly been a strong appeal to repeal the act, which is also draconian in nature. While most of us know that an individual can be detained under the Public Safety Act for a maximum of two years without a court order, there are other punitive provisions that one may not be aware of. [...]Read more
States such as Manipur and Jammu and Kashmir have for long been demanding the withdrawal of the Armed Forces (Special Powers) Act, 1958. Only recently, the issue of revocation of the Act came in the way of a likely alliance between the Jammu and Kashmir People’s Democratic Party and the Bharatiya Janata Party to form the government in Jammu and Kashmir. What compounded the matter was the Army’s reported apprehension over any move to dilute the AFSPA in the state and the BJP’s concerns that any such move might lead to “lowering of the morale of forces [...]Read more
The Constitution of India has granted us several Fundamental Rights as well as safeguards against their violations. The citizens get to exercise these rights with an option of taking the help of judiciary in case their rights are violated. Since enlistment of rights (no matter how meticulously they are explained in the Constitution) is not always enough, the Right to Constitutional Remedies ensures that these they are respected and valued. Article 32 of the Indian Constitution – The Concept & Purpose According to Article 32, when an individual feels that he has been “unduly deprived” of his [...]Read more