In this legal article we are going to discuss about associstion that if any association works against the government, then what types of remedies are available in the law against these types of association, and what the whole procedure as per the law.
What is the mean of an Association:
In general, an association is a group of persons banded together for a specific purpose. At least two persons must sign the document, which must be dated. The definition of an association can vary under state law. You may wish to consult the law of the state in which the organization is organized. An association is a “using” relationship between two or more objects in which the objects have their own lifetime and there is no owner. As an example, imagine the relationship between a doctor and a patient.
A doctor can be associated with multiple patients. Any association works in India has to be work according to way the government has allowed them to work here. But if any association acts smart or use to go against the government to work for themselves.
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Associations are not following the government guidelines:
In India many association working form past long time. But few association are not following government guidelines filing RTI, in these cases is primary but instead of this there are many Remedies which law can perform to make them aware of their mistakes or blunder they did to the government or the society.
To make you more updated to this, we going to tell you few actions or remedies which can be performed in these situations, or We are also going to mentioning few cases with full theory or judgement to make you more aware in this.
Remedies for violation provision of the government:
The remedies are below mentioned, which are available as follow:
1- Unlawful activities (prevention) Act:
Unlawful Activities (Prevention) Act is an Indian law aimed at prevention of unlawful activities associations in India. Its main objective was to make powers available for dealing with activities directed against the integrity and sovereignty of India. This act was introduced to us for takin legal action towards any association works against the law.
2- PIL (Public interest litigation):
PIL is the use of the law to advance human rights and equality, or raise issues of broad public concern. It helps advance the cause of minority or disadvantaged groups or individuals. Public interest cases may arise from both public and private law matters.
So we can file a PIL to have justice towards any such activities which are working by any against our government.
3- RTI (Right to information):
Right to Information is a part of fundamental rights under Article 19(1) of the Constitution. Article 19 (1) says that every citizen has freedom of speech and expression.
So, We can go for filling an RTI raising your issues against any such association which works against the government litigation.
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4- Writ petition:
A writ means an order that is issued under an authority. Therefore, a writ can be understood as a formal order issued by a Court. A writ petition is an application filed before a Court, requesting to issue a specific writ.
So, We can file a writ petition in accordance of our constitution of India.
Now we would like make you see some of the famous cases and their judgements to make you aware of the legal actions taken towards any association works against the government or play breach of law:
SHAHEEN WELFARE ASSOCIATION Vs RESPONDENT: UNION OF INDIA and ORS
CITATION:-1996 SCC (2) 616 JT 1996 (2) 719 1996 SCALE (2)481
BENCH:-MANOHAR SUJATA V. (J)
In this case the court gone through the whole matter and held with the decision as follows:
This is a public interest litigation in which the petitioner has prayed for certain reliefs to undertreat prisoners charged under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as ‘TADA’). The petitioner has asked, inter alia, for a direction that the respondents should file a list of detents lodged in jails in different States under TADA and has asked for a direction for the release of TADA detents against whom proper evidence is not with the prosecution and where proper procedure prescribed under law is not followed. Under orders passed from time to time in this petition the States of Gujarat, Rajasthan and Maharashtra as well as the Central Government have filed affidavits giving information relating to the number of cases under TADA pending in different Designated Courts in various States of the country.
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We have also been furnished with the State wise numbers of Designated Courts constituted under TADA. In the affidavit filed on behalf of the Union of India by Shri A.K.Shrivastava, Deputy Secretary to the Government of India, Ministry of Home Affairs, New Delhi, a statement is annexed showing live cases under TADA and the number of Designated Courts in different States and Union Territories.
Indian Young Lawyers Association and Ors. Vs The State of Kerala and Ors. (2018)
Petitioner’s Lawyers:- R.P. Gupta , Raja Ramachandran (Amicus Curiae) , K. Ramamurthy (Amicus Curiae).
Respondent’s Lawyer:- Jaideep Gupta; Liz Mathew , Venugopal, (Travancore Devaswom); V.Giri, (State of Kerala) , Rakesh Dwivedi K. Radhakrishanan.
There were 5 judges constitutional bench includes Chief Justice of India Deepak Mishra, Justice A M Khanwilkar, Justice R F Nariman, Justice D Y Chandrachud and Justice Indu Malhotra.
There were mainly three issues raised in this case:-
Whether this restriction imposed by the temple authorities violates Articles 15, 25 and 26 of the Indian Constitution? Whether this restriction violates the provisions of Kerala Hindu Place of Public Worship Act, 1965? Whether the Sabarimala Temple has a denominational character!
So in this case the court held with the decision as follows:
Chief Justice of India Hon’ble Deepak Mishra while reading out portions of the judgement written for himself and Justice A M Khanwilkar said that women are not lesser or inferior to men. Religious patriarchy cannot be allowed to triumph over belief. Biological reasons (such as menstruation) can not be accepted in freedom for faith. Religion is basically a way of life.
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The Judgement of the Chief Justice of India also held that Ayyappa devotees will not constitute a separate religious denomination. Rule 3(b) of the Kerala Hindu Places of Public Worship (Authorization of Entry), Rules 1965 which prohibited entry of women in Sabarimala, was also struck down as being unconstitutional. The separate but concurring opinion of Justice Nariman held that “Anything destructive of individuality in anachronistic of Constitutionality. To treat women as people of lower status blinks at the Constitution itself”. It was held that Ayyappas do not constitute a separate religious denomination. Justice Chandrachud in his separate but concurring opinion held that the idea behind the ban was that the presence of women will disturb virginity, and that was placing the burden of men’s virginity on women.
This stigmatises and stereotypes women, he observed. Justice Indu Malhotra, in her lone dissent, held that issues of deep religious sentiments should not be ordinarily be interfered by the Court. The Court should not interrupt in this matter unless if there is any resentful person from that section or religion. The notion of rationality should not be seen in religious matters. She also held that shrine and the deity are protected by Article 25 of the Indian Constitution.
Supreme Court Advocate on Record Association Vs Union of India 6 October, 1993.
CASE NO:- Writ Petition (civil) 1303 of 1987
DATE OF JUDGMENT: 06/10/1993
BENCH:- S. Ratnavel Pandian and A.M.
PETITIONER:- Supreme Court Advocates-on-Record Association and another
RESPONDENT:- Union of India
[1] Primacy of the opinion of the Chief Justice of India in regard to the appointments of Judges to. The Supreme Court and the High Court, and in regard to the transfers of High Court Judges/Chief Justices:
[2] Justifiability of these matters, including the matter of fixation of the Judge-strength in the High Courts.
The court gone through the whole matter and held with its decision as follows:
Thus on the question of primacy the court conclude to say that the role of the Chief Justice of India in the matter of appointments to the Judges of the Supreme Court is unique, singular and primal, but participatory vis-à-vis the Executive on a level of togetherness and mutuality, and neither he nor the Executive can push through an appointment in derogation of the wishes of the other.
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The roles of the Chief Justice of India and Chief Justice of the High Court in the matter of appointments of Judges of the High Court, is relative to this extent that should the Chief Justice of India be in disagreement with the proposal, the Executive cannot prefer the views of the Chief Justice of the High Court in making the appointment over and above those of the Chief Justice of India. In the matters of transfers of Judges from one High Court to another, the role of the Chief Justice of India is primal in nature and the Executive has a minimal.
Conclusion :-
On the basis of my above research , we agree with all the judgements and the content we mentioned . On the most intimate and personal matters concerning in our day today’s life, each individual ought to be free to make his or her decisions without where they know without telling them what they can and cannot do. If their actions to not affect others, they should be free to affect themselves.
While there is controversy over a so-called legal right to complaint for any thing around their surroundings where they see any association found to be working against the government or breaching the laws our law has certain Articles, acts, or legal remedies, this controversy can be ended by making explicit that which some argue now only exists implicitly. The moral quest at all times is to them punish with the law who are made for that by doing any nuisance or doing any work against the law or our government.
This article written by Legal Advisory Interen Ms. Vaishali Pal, She is 3rd-year law student at Amity University, Patna
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1 Comments
Good Quality research and very well aligned article. Expeditiously informative. Well done author.
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