How in any manner is the new law passed by @UPGovt anti-fundamental rights ?
My take :
1. The new law passed is to save the women section to go through forceful conversion for the sake of marriage.
2. If anyone has wilfully chosen to change the religion, there is no stoppage to it. Freedom of religion is a fundamental right and it has been maintained.
3. We already have a Special Marriage Act wherein DM has to be informed about inter faith marriage.
4. The New Law will in fact, save the fundamental right under article 21 - Right to liberty and life i.e. No one can force anyone to do something against one's will - which includes forceful, coerced conversions for the sake of marriage.
Rebuttle if you want and can !
Rebut* if you want and can !
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With all due respect, but Hon'ble Judges could have used the power vested upon the HC u/a 226 and granted relief to Arnab.
The order in the case of Maharashtra chess association vs. Union of India (2019) observes as below :
The SC bench of Dr. DY Chandrachud & Indira Bannerjee:
1. Mere existence of alternate remedy does not create a bar on high courts writ jurisdiction.
2.The existence of alternate remedy whether adequate or not does not alter the fundamentally discretionary nature of the High Courts Writ Jurisdiction...
... and therefore does not create an absolute legal bar on the exercise of the Writ jurisdiction by a High Court.
3. The intention behind this self imposed rule is clear.If the HC were to exercise their writ jurisdiction so widely as to regularly override statutory appellate..
In the case of Gopal Vs. State of Maharashtra, Justice S.S. Shinde (presently one of the hon'ble judge on Arnab Goswami's case) and Justice R.G.Avachat had observed that Mere mention of name in Suicide Note, does not make the named guilty of 'Abetment of Suicide.
Judgement copy:
The hon'ble high court had observed that for abetment to suicide it is necessary that the provisions given u/s 107 of the IPC are met !
1. Anvay Naik commits suicide only because he was not paid his dues (assuming he had a perfect life other wise).
2. The suicide note has his signatures but not his Mother's.Wherein the accusation of abetment is for both suicides.
3. In the Police record it says,Anvay hanged himself & his mother was 'Found' dead.
4. In autopsy both bodies had damaged neck.Anvay's was due to hanging.His mother's death was however not concluded. #IndiaWithArnab
5. Concorde's total debt was Rs. 19.57 cr & bank OD 10.37 cr in 2016.
The deal with Arnab had no relation with his debts & 90% of dues had already been paid.
6. Mrs.Naik asked ARG ltd to pay outstanding amt to 3rd party which was not binding the contract.
2. 3 assailants had on Dec 17,2019, opened fire in chief judicial magistrate court, Bijnor killing a murder accused. 2 policemen & a court employee injured.
3.UP Bar Council chairperson,Darvesh Yadav, shot dead by a colleague in her chamber on the civil court on June 13, 2019.
4.The Muzaffarnagar court had witnessed a similar incident in 2015 when an armed man entered the courtroom masquerading as a lawyer and shot dead Vicky Tyagi - a gangster.
5.The Allahabad High Court then directed the constitution of a special force.