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Public Safety Act in Jammu and Kashmir (J and K)
Public Safety Act in Jammu and Kashmir

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

The Armed Forces (Special Powers) Act, 1958
The Armed Forces (Special Powers) Act

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

Jammu & Kashmir : Refugees and Their Right to Vote
Jammu & Kashmir Refugees and Their Right to Vote

With Jammu and Kashmir Assembly elections round the corner, the demand for voting rights has again resurfaced among the refugees in the state. Most of them had migrated to the state during the wars of 1947, 1965 and 1971 from Pakistan and Pakistan-occupied-Kashmir (PoK). Let alone the property rights, this chunk of population doesn’t have the right to vote during the state elections and contribute towards the greater consensus when it comes to electing people’s representatives. However, these refugees have voting rights for the parliamentary elections. The Legal Complications regarding Voting Rights in J & K Those […]Read more

Article 32 of the Indian Constitution
Article 32 of the Indian Constitution

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

Significance of Article 14 of Indian Constitution
Significance of Article 14 of Indian Constitution

After the Supreme Court gave its verdict on Sharia courts stating that they have no legal authority and their decisions are not legally binding, the discussions on fundamental rights gained momentum. The court had categorically mentioned that fatwas must not violate the rights of individuals guaranteed by law. In this context, people should be reminded and made aware of the Article 14 in the Constitution of India. What is Article 14 of Indian Constitution? According to Article 14, “the State shall not deny to any person equality before the law or equal protection of the laws within […]Read more