Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces

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Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces The Supreme Court of India has suggested that the Union Government develop a comprehensive policy addressing the construction of feeding rooms and childcare facilities  in public places. This move aims to ensure that nursing mothers and their children can access basic amenities in a dignified and private manner, reinforcing their fundamental rights under the Indian Constitution. SC Encourages Policy Formulation A bench comprising Justice BV Nagarathna  and Justice N Kotiswar Singh  highlighted the absence of a structured framework to address this pressing issue. The court advised the Centre to propose a policy that could then be implemented across the states, scheduling the next hearing for December 10, 2024.   The apex court emphasized that before issuing formal directions, it was crucial to understand the Centre’s perspective on implementing the petitioner’s demand for childcare and feedi...
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Balancing Political Funding and Donor Privacy in India

Balancing Political Funding and Donor Privacy in India


Chief Election Commissioner (CEC) Rajiv Kumar recently addressed the pressing need to balance transparency in political funding with the protection of donor privacy, especially in light of the Supreme Court's ruling on the Electoral Bond Scheme. The decision by the apex court to strike down the scheme, which allowed for anonymous funding to political parties, has brought forth crucial questions regarding the disclosure of political donations and the privacy rights of donors.


Legal Framework:

The legal framework governing political funding in India encompasses various laws and regulations aimed at ensuring transparency and accountability. Key among these is the Representation of the People Act, of 1951, which governs the conduct of elections and mandates the disclosure of election expenses by candidates and political parties. Additionally, the Finance Act, of 2017, introduced the Electoral Bond Scheme, providing a mechanism for individuals and corporations to make anonymous donations to political parties. However, the recent Supreme Court ruling invalidated this scheme, emphasizing the importance of transparency in political funding.


Constitutional Provisions:

Constitutional provisions relevant to political funding include the principles of democracy, equality, and the right to information. Article 324 of the Constitution empowers the Election Commission of India (ECI) to oversee the conduct of elections and ensures free and fair polls. Moreover, Article 19(1)(a) guarantees the right to freedom of speech and expression, which encompasses the right to information about the functioning of political parties and their sources of funding.


Case Laws:

The Supreme Court has played a significant role in shaping the legal landscape surrounding political funding in India. In the case of Association for Democratic Reforms v. Union of India (2002), the Court upheld the right of citizens to know the assets and criminal records of election candidates, emphasizing the importance of transparency in electoral processes. Furthermore, in its recent ruling on the Electoral Bond Scheme, the Court underscored the need for disclosure of political donations to uphold the principles of transparency and accountability.


Conclusion:

As India prepares for crucial elections, the issue of political funding remains paramount. While transparency is essential for ensuring the integrity of the electoral process, protecting the privacy rights of donors is equally vital. The statements made by CEC Rajiv Kumar highlight the need for striking a balance between these competing interests and establishing robust institutional mechanisms to achieve this objective. Moving forward, policymakers, electoral authorities, and civil society must work together to uphold democratic values while safeguarding individual rights and freedoms.

Location: Pune, Maharashtra, India

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