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Recognising the continuing gross indignities and offences against the scheduled castes and tribes, (defined as 'atrocities' in Section 3 of the Act) [1] the Indian parliament enacted the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 when the existing legal provisions (such as the Protection of Civil Rights Act ...
"We cannot curtail fundamental rights of people. It is a precious rights guaranteed by Constitution," a bench headed by Justice RM Lodha said, adding "we are a mature democracy and it is for the public to decide. We are 1280 million people and there would be 1280 million views. One is free not to accept the view of others".
"Abuse of Rights in France, Germany, and Switzerland: A Survey of a Recent Chapter in Legal Doctrine". Louisiana Law Review. 35 (5): 1016– 36. Michael Byers. “Abuse of Rights: An Old Principle, A New Age”, McGill Law Journal 47 (2002): 389–431. David Johnson. “Owners and Neighbours: From Rome to Scotland”, in The Civil Law Tradition ...
The Indian Muslim community demanded a law against insult to religious feelings. Hence, the British Government enacted Section 295(A). The Select Committee before enactment of the law, stated in its report that the purpose was to punish persons who indulge in wanton vilification or attacks upon other religions or their religious figures.
An abuse of process is the unjustified or unreasonable use of legal proceedings or process to further a cause of action by an applicant or plaintiff in an action. It is a claim made by the respondent or defendant that the other party is misusing or perverting regularly issued court process (civil or criminal) not justified by the underlying legal action.
Freedom of speech is not regarded as absolute by some, with most legal systems generally setting limits on the freedom of speech, particularly when freedom of speech conflicts with other rights and protections, such as in the cases of libel, slander, pornography, obscenity, fighting words, and intellectual property.
Following the Second World War and with the rise of contemporary international human rights law, the right to a legal remedy for defamation was included in Article 17 of the United Nations International Covenant on Civil and Political Rights (ICCPR), which states that:
Cruel and unusual punishment is a phrase in common law describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to the sanction. The precise definition varies by jurisdiction, but typically includes punishments that are arbitrary, unnecessary, or overly severe compared ...