You are on page 1of 2

Right to Constitutional Remedies

Article 32. Remedies for enforcement of rights conferred by this Part.—(1) The right to
move the Supreme Court by appropriate proceedings for the enforcement of the rights
conferred by this Part is guaranteed. (2) The Supreme Court shall have power to issue
directions or orders or writs, including writs in the nature of habeas corpus, mandamus,
prohibition, quo warranto and certiorari, whichever may be appropriate, for the
enforcement of any of the rights conferred by this Part. (3) Without prejudice to the powers
conferred on the Supreme Court by clauses (1) and (2), Parliament may by law empower any
other court to exercise within the local limits of its jurisdiction all or any of the powers
exercisable by the Supreme Court under clause (2). (4) The right guaranteed by this article
shall not be suspended except as otherwise provided for by this Constitution.

[Article 32A. Constitutional validity of State laws not to be considered in proceedings under
article 32.].– Omitted by the Constitution (Forty-third Amendment) Act, 1977, s. 3 (w.e.f. 13-
4-1978).

Article 139. Conferment on the Supreme Court of powers to issue certain writs.—
Parliament may by law confer on the Supreme Court power to issue directions, orders or
writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto
and certiorari, or any of them, for any purposes other than those mentioned in clause (2) of
article 32.

Article 226. Power of High Courts to issue certain writs.

Public Interest Litigation

[39A. Equal justice and free legal aid.—The State shall secure that the operation of the
legal system promotes justice, on a basis of equal opportunity, and shall, in particular,
provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that
opportunities for securing justice are not denied to any citizen by reason of economic or other
disabilities.]

Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 7, for cl. (f) (w.e.f. 3-1-
1977).
It was in the case of SP Gupta vs Union of India that the Supreme Court of India defined the
term "public

interest litigation" in the Indian Context.

The National Legal Services Authority, constituted under the Legal Services Authority
Act, 1997, to provided free legal services to the weaker and other marginalized sections of
the society.

Article 14. Equality before law.—The State shall not deny to any person equality before the
law or the equal protection of the laws within the territory of India.

Article 21. Protection of life and personal liberty.—No person shall be deprived of his life or
personal liberty except according to procedure established by law.

Yogyakarta Principles In 2006 a distinguished group of international human rights experts


met in Yogyakarta, Indonesia to outline a set of international principles relating to sexual
orientation and identity. These were called the Yogyakarta Principles and have been
frequently referred to as an authoritative statement of the principles of international human
rights relating to these fields. In November 2017 the principles were updated by the adoption
of Additional Principles and State Obligations on the Application of international human
rights law in relation to sexual orientation, gender identity, gender expression and sex
characteristics to complement the Yogyakarta Principles. The Yogyakarta Principles have
been referred to in national and international courts, as guidance on how to apply
international human rights standards to LGBTI persons.

Section 306- Section 306 in The Indian Penal Code. 306. Abetment of suicide. —If any
person commits suicide, whoever abets the commission of such suicide, shall be punished
with imprisonment of either description for a term which may extend to ten years, and shall
also be liable to fine.

Section 354- IPC states the act of any criminal force committed on a woman with the
intention to outrage her modesty. ... It also includes any verbal acts as well as gestures of a
person intending to outrage the modesty of a woman.

You might also like