Official Secrets Act – Transparency Vs National Security

The Official Secrets Act (OSA) has been in the news recently due to the debate over ‘stolen documents’ in Rafale case. The Attorney-General has suggested “criminal action” against those responsible for making ‘stolen documents’ public.OSA is a colonial-era law that seeks to ensure secrecy and confidentiality in governance especially on national security and espionage issues.However, successive governments have faced criticism for misusing the law against journalists and whistleblowers thus violating their right to freedom of speech and expression.

 

[Premium] Sedition in India – IPC Section 124 A Vs Freedom of Speech

Recently, the Delhi Police filed a charge sheet against 10 people, including student leaders in a sedition case for allegedly raising “anti-national slogans” during an event on the Jawaharlal Nehru University (JNU) campus in February 2016.

In addition to this, as many as 12 Aligarh Muslim University students, including the university's students' union chief, were recently booked under sedition charges after a complaint of alleged assault was filed by an ABVP member.

In another instance where an Assamese scholar and two others were slapped with sedition charges for remarks made against the proposed citizenship law.

 These fit a disturbing trend of many incidents in recent times where “misguided” people have been termed “anti-national” and has filed charges of sedition.

Notably, the law commission is in the process of revisiting the section 124A of Indian Penal Code and calls for a thorough reconsideration and presents the different issues with respect to it before the public for a national debate.


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Triple Talaq Issue – Tradition Vs Fundamental Rights

Recently, The Muslim Women (Protection of Rights on Marriage) Bill, 2018 (Triple Talaq bill) was passed by the Lok Sabha. The bill is humanitarian consideration for Muslim Women suffering from triple talaq. Under the proposed law, giving instant triple talaq will be illegal and void, and will attract jail term 3 years and a fine for a man.

However, there is a standoff in the Rajya Sabha for its passage due to the contention from opposition parties and Muslim community leaders who are sticking to their stand against the bill mentioning that there is no need for the bill since the instant triple talaq has already been banned by the Supreme Court.

 

Sabarimala Temple Issue – Customs Vs Constitution

Kerala’s Sabarimala Temple issue is about the conflict between women rights and tradition. According to Kerala’s traditions and customs, women between 10 and 50 years of age were not permitted into Sabarimala Temple. However, the situation has changed when the constitutional bench of the Supreme Court on September 28, 2018, declared that restricting entry of women of menstruating age was unconstitutional.

 

[Premium] Constitutional Validity of Aadhaar – Background, Major Issues and Recent SC verdict

Recently, the Supreme Court upheld the constitutionality of the Aadhaar in its majority verdict (4 out of 5 judges). It is in this light, there is a need to look up the background of the Aadhaar issue and analyse various verdicts.


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[Premium] Data Localisation Issue – All that you need to know

If the twentieth century brought the Internet as a decentralized domain, the twenty-first century is noted by the fight over the control of data. Data localization is the collection, processing, and storage of all data within the national boundaries, which is gaining momentum in India.


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[Premium] SC Verdict on Section 377 – The restoration of right to free expression and dignity

In a landmark judgement, the Supreme Court of India ruled that consensual adult gay sex is not a crime because sexual orientation is natural and human being have no control over it.


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