Today's Headlines - 22 August 2023
Violation of privacy in caste survey
GS Paper - 2 (Polity)
The Supreme Court asked the petitioners challenging the Bihar caste survey what was the violation of privacy in asking people to disclose their caste after the latter contended that the exercise was clearly in violation of the top court’s nine-judge decision in the privacy case wherein it was held that the state cannot encroach on the privacy of individuals without a law to back it.
What
If somebody is asked to give caste or sub-caste, in a state like Bihar, caste is known to neighbours… Which of these 17 questions (asked as part of the survey) invades privacy, asked Justice Sanjeev Khanna, presiding over a two-judge Bench, and said the exercise was carried out on the strength of an executive order.
The Bench commenced hearing a batch of pleas challenging the 1 August decision of the Patna High Court, which gave the go-ahead to the caste survey.
Some of these petitions have claimed the exercise was an infringement of the people’s right to privacy.
The SC, he pointed out, had said that “while it intervenes to protect legitimate state interests, the state must nevertheless put into place a robust regime that ensures the fulfillment of a threefold requirement.
These three requirements apply to all restraints on privacy (not just informational privacy). They emanate from the procedural and content based mandate of Article 21.
The first requirement that there must be a law in existence to justify an encroachment on privacy is an express requirement of Article 21.
For, no person can be deprived of his life or personal liberty except in accordance with the procedure established by law. The existence of law is an essential requirement.
The caste survey, however, was carried out on the basis of an executive order, which does not even set out the aim of the exercise.
Puttaswamy judgment says privacy can be intruded upon only by a just fair and reasonable law, with a legitimate aim, which has to stand the test of proportionality.
#upsc #news #violation #privacy #castesurvey #polity #supremecourt #bihar #caste #neighbours #patna #highcourt #pleas #caste #survey #requirement #interests #threefold #restraints #encroachment #puttaswarmy #judgment #law #proportionality #executive #order #article #decision #polity
Violation of privacy in caste survey
GS Paper - 2 (Polity)
The Supreme Court asked the petitioners challenging the Bihar caste survey what was the violation of privacy in asking people to disclose their caste after the latter contended that the exercise was clearly in violation of the top court’s nine-judge decision in the privacy case wherein it was held that the state cannot encroach on the privacy of individuals without a law to back it.
What
If somebody is asked to give caste or sub-caste, in a state like Bihar, caste is known to neighbours… Which of these 17 questions (asked as part of the survey) invades privacy, asked Justice Sanjeev Khanna, presiding over a two-judge Bench, and said the exercise was carried out on the strength of an executive order.
The Bench commenced hearing a batch of pleas challenging the 1 August decision of the Patna High Court, which gave the go-ahead to the caste survey.
Some of these petitions have claimed the exercise was an infringement of the people’s right to privacy.
The SC, he pointed out, had said that “while it intervenes to protect legitimate state interests, the state must nevertheless put into place a robust regime that ensures the fulfillment of a threefold requirement.
These three requirements apply to all restraints on privacy (not just informational privacy). They emanate from the procedural and content based mandate of Article 21.
The first requirement that there must be a law in existence to justify an encroachment on privacy is an express requirement of Article 21.
For, no person can be deprived of his life or personal liberty except in accordance with the procedure established by law. The existence of law is an essential requirement.
The caste survey, however, was carried out on the basis of an executive order, which does not even set out the aim of the exercise.
Puttaswamy judgment says privacy can be intruded upon only by a just fair and reasonable law, with a legitimate aim, which has to stand the test of proportionality.
#upsc #news #violation #privacy #castesurvey #polity #supremecourt #bihar #caste #neighbours #patna #highcourt #pleas #caste #survey #requirement #interests #threefold #restraints #encroachment #puttaswarmy #judgment #law #proportionality #executive #order #article #decision #polity
Today's Headlines - 25 August 2023
Vehicles bear ‘caste and religious stickers’
GS Paper - 2 (Polity)
The Noida and Ghaziabad Police, over the past few days, issued challans to 2,300 people for putting ‘caste and religious stickers’ on their cars as part of a special drive that started. The challan for putting such a sticker on the car is Rs 1,000 and Rs 5,000 for placing it on the registration number plate. The police also said that similar drives will be conducted in future.
What does the law say?
While there is a clear rule against putting any stickers on the registration number plate under the Motor Vehicle Rules 1989 governments in different states have issued orders against putting stickers that signify caste and religion even on the body of the vehicle.
The Uttar Pradesh transport directorate, in its order issued on 10 August 2023, said a special drive to challan vehicle owners for using caste-specific and religion-specific stickers will be held between 11 and 20 August 2023.
According to the Motor Vehicle Rules, “stickers and adhesive labels” in registration number plates are not permitted.
The rules also state the specifications of the number plate. According to the Section , the number plate ‘shall be a solid unit made of 1.0 mm aluminium’ and ‘should bear the letters “IND” in blue colour on the extreme left centre’.
If the number plate is not as per the rules, which includes putting labels or stickers on it, Section 192 of the MV act, has the provision of a fine of up to Rs 5,000 for the first offence. For subsequent offences, they can be imprisoned for up to 1 year and fined up to rupees 10,000.
In the case of stickers on the body of the vehicles, the police are issuing challans under Section 179 of the Motor Vehicles Act 1988.
The section has the provision for fines in case of ‘disobedience of orders, obstruction and refusal of information’.
Whoever wilfully disobeys any direction lawfully given by any person or authority empowered under this Act to give such direction, or obstructs any person or authority in the discharge of any functions which such person or authority is required or empowered under this Act to discharge, shall, if no other penalty is provided for the offence be punishable with fine which may extend to five hundred rupees, the section states.
#upsc #news #headline #vehiclesbear #caste #religious #stickers #polity #noida #ghaziabad #police #law #orders #uttarpradesh #transport #motorvehicle #rules #adhesivelabels #aluminium #disobedience #refusal #authority #empowered
Vehicles bear ‘caste and religious stickers’
GS Paper - 2 (Polity)
The Noida and Ghaziabad Police, over the past few days, issued challans to 2,300 people for putting ‘caste and religious stickers’ on their cars as part of a special drive that started. The challan for putting such a sticker on the car is Rs 1,000 and Rs 5,000 for placing it on the registration number plate. The police also said that similar drives will be conducted in future.
What does the law say?
While there is a clear rule against putting any stickers on the registration number plate under the Motor Vehicle Rules 1989 governments in different states have issued orders against putting stickers that signify caste and religion even on the body of the vehicle.
The Uttar Pradesh transport directorate, in its order issued on 10 August 2023, said a special drive to challan vehicle owners for using caste-specific and religion-specific stickers will be held between 11 and 20 August 2023.
According to the Motor Vehicle Rules, “stickers and adhesive labels” in registration number plates are not permitted.
The rules also state the specifications of the number plate. According to the Section , the number plate ‘shall be a solid unit made of 1.0 mm aluminium’ and ‘should bear the letters “IND” in blue colour on the extreme left centre’.
If the number plate is not as per the rules, which includes putting labels or stickers on it, Section 192 of the MV act, has the provision of a fine of up to Rs 5,000 for the first offence. For subsequent offences, they can be imprisoned for up to 1 year and fined up to rupees 10,000.
In the case of stickers on the body of the vehicles, the police are issuing challans under Section 179 of the Motor Vehicles Act 1988.
The section has the provision for fines in case of ‘disobedience of orders, obstruction and refusal of information’.
Whoever wilfully disobeys any direction lawfully given by any person or authority empowered under this Act to give such direction, or obstructs any person or authority in the discharge of any functions which such person or authority is required or empowered under this Act to discharge, shall, if no other penalty is provided for the offence be punishable with fine which may extend to five hundred rupees, the section states.
#upsc #news #headline #vehiclesbear #caste #religious #stickers #polity #noida #ghaziabad #police #law #orders #uttarpradesh #transport #motorvehicle #rules #adhesivelabels #aluminium #disobedience #refusal #authority #empowered