Court : Gujarat
Reported in : AIR2002Guj99; (2001)2GLR1394
..... from art. 21 of the constitution the supreme court has deduced an affirmative obligation to preserve human life. there is no parallel to the present colossal natural calamity as in india. in order to protect human rights as part of right flowing from art. 21, the supreme court has enforced obligations of the government, such as ..... government servants who were sought to be displaced as a result of the government policy of requisition of requisitioned premises. for the same purpose of protection of human rights in rakesh chand narain v. state of bihar, 1986 supp. scc 576 the state government was directed to raise the daily diet allocation to supply ..... of this order shall also be sent to the secretary general of national human rights commission for necessary action and intervention, if necessary, in redressing the complaints of violation of human rights in accordance with me provisions of section 12(b) of the protection of human rights act. (5) so far as care of orphaned children, as a result .....
Tag this Judgment!Court : Gujarat
Reported in : (2000)3GLR2362
..... article 14 and 21 of the constitution of india. the court's attention was also drawn to the human rights proclamation made by general assembly of united nations and article 8 of the european convention for the protection of human rights and fundamental freedom stated in universal declaration. the court also considered that section 433a of the criminal procedure code, ..... : (i) that the applicant will be subjected to an irremediable injustice, (ii) that there is a blatant violation of human dignity and human rights, (iii) that the relief is required to be given to protect the rights that are jeopardised, keeping in view that any person even if condemned or convicted does not cease to be a ..... human being, (iv) that an immediate direction is required to be given so as to save the applicant's life which .....
Tag this Judgment!Court : Gujarat
Reported in : 2007CriLJ4481
..... since they would have been committed by the guardians of law and would be violation of human rights of citizen by the officers whose duty it was to protect them. it is well-settled that state may be vicariously responsible for violation of human rights by its officers in such cases. the fact that state, as the prosecuting agency, ..... than the facts of the case, prove that the state as the prosecuting agency could be worse to ineffective in the cases involving police personnel and violation of human rights. in this context, the language and sweep of the provisions of section 197 of the code obviously requires a legislative re-look and amendment, particularly to indicate ..... act in the discharge of official duty.the last proposition in point (f) was derived from the discussion as under:5. with the development and assimilation of human rights jurisprudence, it is now well-settled that any form of torture or cruel, inhuman or degrading treatment would fall within the inhibition of article 21 of the .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)3GLR2755
..... in custody beyond the said period without the authority of a magistrate.' 10. article 22 is now part of human right recognised by international covenants and also under the protection of human rights act. this right is guaranteed to a citizen so that he is not deprived of his liberty by executive authority and receives necessary ..... keeping the arrested person in non-judicial custody. the supreme court was careful to strike a balance between fundamental rights and human rights of arrested persons and the requirement of general public interest to be protected by investigating agency dealing with crimes. supreme court observed thus :-'however, it is true that in case of ..... too much of emphasis on protection of fundamental rights and human rights of hardened criminals, such criminals may go scotfree without exposing any element or iota of criminality with the result, the crime would .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)2GLR1764
..... . children who are victims of trafficking have to be identified as such and their best interests shall be considered paramount at all times. some of the guidelines recommended on human rights and human trafficking are, promotion and protection of human rights, identification of trafficked persons and traffickers, adoption of effective and realistic anti-trafficking strategies, ensuring an adequate legal framework, ensuring an adequate law enforcement response ..... july 2002, on item no.14 (g) of the provisional agenda. the report contains more important recommended principles on human rights and human trafficking indicating that human rights of trafficked persons shall be at the centre of all efforts to prevent and combat trafficking and to protect, assist and provide redress to victims. the states have a responsibility under international law to act with due diligence .....
Tag this Judgment!Court : Gujarat
Reported in : (1990)2GLR1365
..... in two states were there provisions for home leave and conjugal visits.article 8 of the european convention for the protection of human rights and fundamental freedoms stated in universal declaration is as under:(1) everyone has the right to respect for his private and family life, his home and his correspondence.(2) there shall be no interference by ..... negatived the same.14. one of the contentions raised in the aforesaid case was to the effect that it was the duty of the court to uphold the human rights and the prisoners' reformity freedom should not be curtailed. dealing with this contention, the court observed as under:xxx in the province of interpretation, industry and ..... punishable under the narcotics drugs and psychotropic substances act, 1985 on parole or furlough. however, he failed to point out any article even in human rights proclamation by the general assembly of united nations to substantiate his contention. he fairly pointed out that even in the modern legal studies of .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)1GLR547
..... the same time as observed by the supreme court in the case of nawabkhan (supra), the needs of the general society of urban area cannot be disregarded while protecting the alleged violation of human rights of hutment and slum dwellers. the following observations in nawabkhan's case do not appear to us to be in any manner in conflict with the law laid ..... an individual and society. when there is unequal contest on such vital issues involving human rights of individuals, between rich and poor, or strong and the weak, persons with shelter and those without it - the issues need to be resolved as far as possible to protect the rights of the weak and the needy sections of the society and to promote at the same .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)3GLR1965
..... till social status of thedowntrodden is not made to equal the others inthe society.'{re: justice pollock basu in the book 'lawrelating to protection of human rights under theindian constitution and allied laws' in chapter 4the learned author has observed 'human rights andreservations for backward classes, page 123}14. it may be noted that the present petition wasfiled on 10-12-2003 and the admission ..... . it would beconstitutionally immoral to perpetuate inequalityamong majority people of the country in the guiseof protecting the constitutional rights ofminorities and constitutional rights of thebackward and downtrodden. all the rights ofthese groups are part of the right to socialdevelopment which cannot render national interestand public interest subservient to right of anindividual or right of a community.'11.2(k) '129 - the said provisions were inserted by theconstitution .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)3GLR2516
..... judicial foundation. needless to mention that democratic societies live and swear by certain values like, individual liberty, role of law, human dignity, constitutionalism, human rights, fundamental rights and the culture of creativity, fraternity and fairness. it is the task of the judiciary to so interpret the constitution and ..... the mechanism of judicial adjudication. therefore, courts in britain do resort to indirect judicial review at times, with a view to protect the civil rights and liberties while examining the constitutional provisions restrictively. obviously, therefore, even the delegated legislation cannot be excluded from the purview of judicial ..... process and mechanism. judicial review has two important functions : (i) testing or review of legitimising governmental and legislative actions (ii) to protect the constitution against any undue encroachments by the government. both these functions are inter-related. justice douglas characterises judicial review as 'tailoring an .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)3GLR447
..... social, economic and environmental values that are interlinked and mutually supportive. safe water, adequate sanitation and education about hygiene are basic human rights that protect health, increase the sense of well-being and improve productivity. water-related leisure activities, such as water-sports, contribute to a healthy life style ..... . human habitation near water resources was essential to the very existence of the human race and the ancient civilizations thrived near the vicinity of fresh water.10. the citizens have a fundamental right ..... which are specifically mentioned therein as a part of environment, and when such material resources need to be protected to enable people to enjoy a quality life which is the essence of the right to life guaranteed by article 21 as held by the apex court in hinchlal's case (supra), there .....
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