4 resultados para right to access

em Cochin University of Science


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This thesis entitled “The right to freedom of information in india”.In a democracy, the citizens being the persons to choose their own governors, the right to know from the Government is a pre-condition for a properly evaluated election. Freedom of speech and expression, one of the repositories of self~government, forms the basis for the right to know in a wider scale. The functions which the free speech rights serve in a society also emphasize the need for more openness in the functioning of a democracy.Maintanance of law and order and investigation of crimes are highly important in a country like India, where no risk may be taken on account of the public‘s right to know. The Indian situations relating terrorist activities, riots based on language, region, religion and caste are important in this respect. The right to know of the citizens may be regulated in the interests of secrecy required in these areas.On the basis of the conclusions reached in this study, a draft Bill has been proposed for the passing of an Access to Public Documents Act. This Bill is appended to this Thesis.

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Some study has been made earlier, but no attempt has ever been made to make the study comprehensive and comparative. There exists also no information as to the working of the system. Hence the work is undertaken to provide first hand knowledge of the legal institutions that had handled and now handles annually large masses of deprived and neglected population. An investigation is also necessary to know the legal and social characteristics of the jurisdiction enjoined on the court so that this will help compare the law in the statute with the law and practice. The evaluation of the working system in the changed social atmosphere is also an urgent need of the hour

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The nature and extent of protection secured to personal liberty has been a subject matter of great controversy and debate. The expression "procedure established by law" as a standard of protection for personal liberty has been looked upon as highly unsatisfactory and inadequate. For, unlike the specific attributes of liberty that are separately guaranteed under Art.19, ‘personal liberty‘ as guaranteed by Art.21 does not obligate the .Legislature to comply with the requirements of justice and reasonableness as and when it enchroaches upon that right. Though the concept of ‘personal liberty‘ has received an evolutive and expansive meaning through judicial process, the standard of protection which the judicial process could secure to personal liberty through the interpretation of Art.21 has been far from satisfactory Even after four decades of judicial process in the interpretation of Art.21 the problem of evolving a just and adequate standard of protection for personal liberty in that Article continues to be 21 crucial constitutional issue, craving for a. satisfactory solution. And the present study is a humble attempt to unravel this problem and to Search for a reasonable solution.

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India is a signatory to the United Nations Declaration of Human Rights 1948 and the International Covenant on Civil and Political 1966, the two major International instruments, building the foundations of the major democracies and the constitutions of the world. Both these instruments give an independent and upper position to right to privacy compared to right to freedom of speech and expression. The freedom of press finds its place under this right to freedom of speech and expression. Both these rights are the two opposite faces of the same coin. Therefore, without the right of privacy finding an equal place in Indian law compared to right to freedom of speech and expression, the working of democracy would be severely handicapped and violations against citizens rights will be on the rise It was this problem in law and need to bring a balance between these two conflicting rights that induced me to undertake this venture. This heavy burden to bring in a mechanism to balance these two rights culminated in me to undertake this thesis titled “Right to Privacy and Freedom of Press – Conflicts and Challenges