Delhi HC asks LG, Centre to reply to plea on online content takedown notices
A bench of Chief Justice D K Upadhyaya and Justice Tushar Rao Gedela issued notice to the LG and the Union Ministry of Electronics and Information Technology and asked them to file replies within six weeks.
The court listed the matter for further hearing on September 17.
The bench was hearing a plea filed by Software Freedom Law Center (SFLC) challenging the legality and constitutional validity of the notification issued by the LG that designated Delhi Police as the nodal agency under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, empowering it to issue takedown notices for online content.
The notification empowers Delhi Police officers to issue takedown orders to social media companies and other intermediaries to remove illegal content under the Information Technology Act.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
India Today
3 hours ago
- India Today
Salute to sacrifice: How disability pension for armed forces veterans won legal sanctity
The Delhi High Court, in a landmark verdict, has delivered a decisive blow to the ministry of defence's move to deny disability pensions to hundreds of retired armed forces personnel.A division bench of Justices Navin Chawla and Shalinder Kaur dismissed nearly 300 writ petitions, upholding the Armed Forces Tribunal's rulings in favour of the veterans. The pension claims were initially denied due to the disability being deemed 'Neither Attributable nor Aggravated' (NANA) by the competent medical board, as per the pension December, INDIA TODAY's story War Over The Wounded (edition dated December 16, 2024) had highlighted the issue wherein the ministry of defence resorted to filing hundreds of appeals in higher courts to challenge disability pensions to armed forces personnel by contradicting the government's stated policy to reduce defence ministers Manohar Parrikar and Nirmala Sitharaman had issued directives not to challenge tribunal orders granting disability benefits. Yet the ministry continued to file appeals, often against widows and disabled soldiers. For veterans, the percentage of disability is a critical factor that determines their pension and associated benefits. In September 2023, the ministry of defence revised the disability benefit rules, but clarified that the rule would apply only to those persons who retire after September 21, 2023, with no retrospective of defence staff General Anil Chauhan made it clear the disability pension-related rules had been revised to protect genuine soldiers' requirements. 'A study was [done] to protect the genuine interest of the personnel, who acquired disability during service, while preventing the exploitation of its liberal provisions from misuse,' he July 1, while delivering the order, the high court bench stated that the purpose of granting disability pension to personnel of the Indian armed forces was to provide necessary financial support to those who had sustained a disability or illness during their service, due to service conditions.'It is not an act of generosity but a rightful and just acknowledgement of the sacrifices endured by them, which manifests in the form of disabilities/disorders suffered during their military service. Such a pension ensures that a soldier who suffers injury or disability due to service conditions is not left without support and is able to live with financial security and dignity. It is a measure that upholds the State's responsibility towards its soldiers, who have served the nation with courage and devotion,' the court on behalf of the government, the attorney general informed the high court that in the present batch of petitions, none of the 'individuals has been out of service'. Consequently, not a single one of them is, per se, eligible to be considered for the award of disability pension. He further submitted that the Armed Forces Tribunal did not consider the revised entitlement rule of 2008 by the ministry of defence while passing on judgment. 'Such a departure from the provisions clearly enunciated by the government of India has rendered its policies on the subject completely irrelevant, redundant and ineffective,' the attorney general challenging the disability element to pensioners, the attorney general submitted that in the current cases, the disabilities of the respondents were assessed by the Release Medical Board (RMB) as well as by the competent/appellate authorities as neither attributable to nor aggravated by the military service, after considering their entire medical history and service concluding his stand, the attorney general stated that the medical board consists of experts who thoroughly assess individuals and their complete medical history in accordance with the relevant medical provisions. Based on this examination, they determine whether the disability can be considered attributable to or aggravated by military service. 'Therefore, the courts, within their limited scope of judicial review, should refrain from disputing the opinion of the medical board unless there is compelling medical evidence on record to contradict it,' he the court stated that it must always be kept in view that the armed forces personnel, while defending the country, have to perform their duties in extremely harsh and inhuman weather and conditions, wherein surviving each day is a challenge. It is, therefore, incumbent upon the RMB to furnish cogent and well-reasoned justification for their conclusions that the disease/disability suffered by the personnel cannot be said to be attributable to or aggravated by such service onus is not discharged by the RMB by simply relying on when such disability/disease is noticed also said that it must be noted that even in peace stations, military service is inherently stressful due to a combination of factors, such as strict discipline, long working hours, limited personal freedom and constant readiness for deployment. The psychological burden of being away from family, living in isolated or challenging environments, and coping with the uncertainty of sudden transfers or duties adds to this strain. The toll of continuous combat training further contributes to mental fatigue.'Despite the absence of active conflict or the challenges of hard area postings, the demanding nature of military life at peace stations can significantly impact the overall well-being of personnel,' the court said, adding that soldiers are always aware that threat is never far environment, wherein danger is a constant reality for their peers and could become their own at any moment, creates a persistent state of mental and emotional strain that cannot be overlooked. Thus, military service, whether in peace locations or operational zones, inherently carries stress that may predispose armed force personnel to medical conditions, including hypertension, the court to India Today Magazine- Ends
Indian Express
8 hours ago
- Indian Express
‘How do we earn a living?': On strike, Karkardooma Court lawyers oppose shifting of digital courts
Protesting the decision to shift the judges of 34 digital NI Act (Negotiable Instruments Act) courtrooms that hear cheque bounce cases from six court complexes in Delhi to the Rouse Avenue court complex, lawyers at the Karkardooma Court complex decided to abstain from work for a fifth day straight on Friday. The lawyers have been on a hunger strike for the last two days. 'First, our labour courts were shifted, now our cheque bounce courts have been shifted…we are not fancy lawyers. How do we earn a living?' advocate V K Singh, president of the Shahdara Bar Association (SBA), told The Indian Express. 'All the lawyers in our courts are people residing in the Trans Yamuna (areas). Some of us barely get Rs 20-30,000 for an entire case. Many of us are dependent on cheque bounce cases. Is this justice at your doorstep? Things were running smoothly… but now we are all anxious,' Singh said. Of the 34 courtrooms, nine are from Dwarka, seven from Tis Hazari, six from Saket, five from Karkardooma Court, four from Rohini, and three from Patiala House Court. While the judges of the respective courtrooms will be shifted to Rouse Avenue Court, the court staff (readers, ahlmads and stenographers) will continue to operate from their respective districts. The rooms for the 34 judges have been allocated on the seventh floor of the Rouse Avenue court complex, which is situated near the ITO Metro station in Central Delhi. Earlier, the coordination committee of all district court bar associations had decided to abstain from work. On June 7, however, they called off their strike after the Chief Justice of the Delhi High Court assured them in a meeting that all digital courts would function strictly as digital platforms only and that all the remaining proceedings and judicial work would be conducted exclusively in the regular local courts. In a May 30 notification, the Delhi High Court, which is behind the move, cited 'optimal utilisation of available infrastructure and resources' and 'inadequate space' to justify the shift of digital cheque bounce courts. 'The remaining arrangement, including support staff deployment and recording of evidence from the respective District Court Complexes, shall continue as per the previous directions/practice until adequate and permanent space is made available in the District Courts concerned to which these Digital NI Act Courts ultimately belong,' the notification dated May 30 read. 'However, these Courts shall continue to be under the administrative control /supervision/ jurisdiction of the districts concerned to which these courts belong. The readers, ahlmads, and judicial records of these Digital NI Act Courts would also continue to function from their original districts so as to avoid any inconvenience to the litigants, lawyers, and stakeholders,' the notification added. This notification was not enough to quell the anxiety of the lawyers in Northeast Delhi's Karkardooma Courts. 'Shifting of digital courts for lack of infrastructure violates the territorial jurisdiction jurisprudence,' said advocate Paras Jain, who practises in Karkardooma Court. 'If any litigant or advocate wants to report anything of emergent nature physically to the judge, they will not be able to communicate this…there is still confusion as to how evidence will be recorded before the judge sitting at Rouse Avenue Court,' he added. 'Lack of virtual facilities also creates gaps between the judges and litigants.' In a notice dated July 4, the lawyers of SBA decided to abstain from work on Saturday. 'It has been unanimously resolved by the Executive Committee of Shahdara Association (Regd.)., to abstain from work on 04.07.2025 in Karkardooma Courts, Delhi,' the notice read. 'It is further resolved that the Executive Committee of Shahdara Bar Association (Regd)., and its members shall continue the Hunger Strike from 05.07.2025 near Facilitation Center as a mark of protest against shifting of Digital Court, N.I. Act,' it added. 'Hence, all lawyers are requested to Co-operate & not to appear before any court either physically or virtually. In case any lawyer is found appearing physically or virtually in any court strict action shall be initiated against him/her,' the notice stated with a request urging judges to cooperate and not pass any adverse orders. Of the 15 lakh pending cases—2 lakh civil and 13 lakh criminal—across the capital's lower courts, 4.5 lakh, or over 30 per cent, are cheque bounce claims.
Scroll.in
8 hours ago
- Scroll.in
Bihar electoral revision infringes on promise of universal adult franchise, says civil rights group
Non-governmental organisation People's Union for Civil Liberties told the Election Commission on Friday that its decision to conduct a special intensive revision of the electoral rolls in Bihar infringed on the constitutional promise of universal adult franchise. The organisation said that the exercise was ill-advised and hasty, and that it would only 'serve to exclude those without requisite documentation'. The special intensive revision of the electoral rolls in Bihar was announced by the Election Commission on June 24, ahead of the Assembly elections scheduled to be held in the state at the end of the year. As part of the exercise, persons whose names are not on the 2003 voter list will need to submit proof of eligibility to vote. This means that 2.93 crore out of the state's total 7.89 crore voters – or about 37% of the electors – will have to submit documentary evidence. Voters born before July 1, 1987 must show proof of their date and place of birth, while those born between July 1, 1987 and December 2, 2004 must also submit documents establishing the date and place of birth of one of their parents. Those born after December 2, 2004 will need proof of date of birth for themselves and both parents. The People's Union for Civil Liberties on Friday remarked that ordinarily, the burden of including people in the electoral rolls lies with the Election Commission. 'In one fell stroke, this executive order inverts the whole process – the burden of inclusion is shifted on to the marginalised voter and also made document-centered,' the organisation said in its letter to the poll panel,' it said. The PUCL said that it is incumbent on the Election Commission to make sure that those with 'document deficits', lack of access to technology, inability to fill forms, or inability to remain physically present for documentation do not get left out of the process. 'The primary responsibility is to be inclusive and ensure universal adult franchise,' the organisation said. 'The process of disqualifications may begin once an equitable and fair process has been applied to create a mother roll. The process of testing for disqualifications is not meant to take primary place at the cost of equitable enumeration.' Amid the revision of electoral rolls, many voters have expressed difficulties in procuring documents for the exercise as Aadhaar cards are not sufficient for the purpose. The PUCL, however, pointed to the amended Form 6 for adding new voters to the electoral rolls, and noted that it allowed for submitting Aadhaar cards as documentary proof. The organisation also noted that the amended form does not ask for proof of birth of parents of the voter. 'This would make the requirement of 'self-attested declaration', 'non acceptability of Aadhaar cards' and 'additional proof of birth of parents' de hors [outside of] the Rules,' it said. The PUCL also questioned why, as part of the revision, booth-level officers were distributing enumeration forms to voters rather than conducting a survey as provided for in the rules. It also said that the enumeration form differs significantly from the Form 4 prescribed for the survey. 'This short-cut, which shifts the onerous burden of filling up forms and collecting documents on to voters may have been done due to paucity of time, but it remains de hors the Rules,' the non-government organisation said.
