(This brief note is prepared by Akshat Bhushan, a second-year student and Associate Editor of PCLS Blog. The meeting was held on 27 July 2020 over Skype.)
In light of the contempt proceedings initiated against Advocate Prashant Bhushan, the Progressive Constitutional Law Society-HNLU Chapter, held a detailed discussion on this subject on July 27, 2020. In this meeting the members of the Society touched upon various issues regarding the contempt law in India. The members first analysed the provisions of Contempt of Courts Act, 1971 and Constitution of India. Section 2(b) defines civil contempt as wilful disobedience of any judgment order, writ or other process of a court or wilful breach of an undertaking given to a court. Section 2(c) which defines criminal contempt brings within the purview of its definition any publication which ‘scandalises or lowers the authority of the courts’, ‘prejudices the judicial proceedings’ or ‘obstructs the administration of justice’. Section 12 lays down the punishments that can be awarded for contempt of court. The members also made a reference to Article 129 which empowers the Supreme Court and Article 214 which empowers the High Court to punish for contempt of itself. Therefore even if we repeal the Contempt of Courts Act 1971 the courts would still have the powers under the constitutional provisions to punish for contempt of itself.
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(This note was prepared by Yatin Gaur, Radhika Ghosh, Shrishti Jain, Sanskruti Jain, and Arjit Mishra; all second year students and PCLS members. The meeting was held on 16 July 2020 over Skype.)
When the Apex Court of India recognized the transgender community as the third gender in NALSA v Union of India and directed the central government and the state governments to take steps to protect the rights of the transgender community, there arose a ray of hope within the transgender community. But, this hope got a setback when the Government of India passed the Transgenders Persons (Protection of Rights) Act, 2019 because it failed to provide justice to the transgender community. On this very pertinent issue, we had a discussion at PCLS in which we discussed and debated on every disputed aspect of the Act and the following is the detailed report on the same. |
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