The Chief Justice of India might have been left wondering what just went wrong with the young members of the Bar as they file frivolous PILs. But, here is a man,PIL Man, rather, who has moved over 50 PILs in just five years, including the one which led to triple talaq being declared unconstitutional.
Ashwini Upadhyay has moved the Supreme Court and various High Courts across India in his quest for securing public interests and fighting for social economic and political justice, particularly for vulnerable, socially, economically disadvantaged sections of society. Though a BJP Spokesperson, he is less seen in
news conferences of the Party and his work is not as much for the party as it is for the larger public.
Through his PILs, Upadhyay has been fighting untiringly for reforms – be it electoral, education, police or judicial. Upadhyay also works towards ensuring gender Justice, Gender Equality and Dignity of Women.
Though many of his PILs are a departure from the party line, like the one seeking lifetime ban on convicted persons from contesting election, forming political party and becoming political office bearer, Upadhyay continues to make headlines with his landmark petitions such as the PIL to debar Legislators from practicing any other profession including practicing as an Advocate before the Court till they demit office, PIL to ascertain the feasibility of holding Parliament, State Assembly, Panchayat and Municipal elections simultaneously on Sunday and the PIL to recall higher denomination currency above 100 rupees and restrict cash transaction up to the limit of 10,000 rupees. All these matters are pending before the Supreme Court awaiting Centre’s response.
With a bachelor degree in Law from Chaudhary Charan Singh University, Upadhyay has worked hard to make his mark as the PIL Man as he picks up issues which plague the Indian society, judicial system, political system and ameliorating the condition of economically weaker sections.
He is the man who moved the court on behalf of a woman who was thrown out by her husband post triple talaq and then being forced to perform nikah halala. This is just one of the many issues taken up by Upadhyay. Here are some more from the long list of PILs he has moved:
*PIL to declare Article 35A and 370 of the Constitution invalid, void and unconstitutional. Matter is pending in the Supreme Court with Centre yet to file its response.
*PIL to declare Constitution and Flag of the J&K invalid and void. Matter is pending in Supreme Court. Government has yet to file response.
*PIL to declare Triple Talaq invalid and void. SC declared it invalid and void and accordingly the Central Government brought an ordinance.
*PIL to declare Polygamy, Nikah-Halala, Nikah-Mutah, Nikah-Misyar and Sharia Court invalid and void. The Apex court is waiting for Centre’s response.
*PIL to implement Uniform Civil Code in spirit of the Article 44 for all citizens throughout country. Supreme Court directed to approach Government and accordingly matter is referred to the Law Commission.
*PIL to deport illegal immigrants including Bangladeshis and Rohingyas within year and make illegal immigration a cognizable offence.
*PIL to declare Hindu as ‘Minority’ in 8 States i.e. Lakshadweep (2.5%) Mizoram (2.75%) Nagaland (8.75%) Meghalaya (11.53%) J&K (28.44%) Arunachal Pradesh (29%) Manipur (31.39%) and Punjab (38.40%). Matter spending before National Minority Commission.
*PIL to make “Two Child Norm” a mandatory criteria for contesting elections, forming political party, becoming political office bearer and applying for jobs in all government department including judiciary. Supreme Court directed Upadhyay to approach Central Government.
*PIL to establish Special Courts to decide criminal cases related to Legislators and Public Servants within one year.
*PIL to debar convicted persons from contesting election, forming political party and becoming political office bearer for lifetime. Presently there is only six years ban on contesting election but no ban on becoming office bearer. Matter is pending in the Supreme Court. Election Commission is supporting the PIL but Government is opposing it.
*PIL to prescribe minimum qualification and maximum age limit for contesting election. Matter is pending in the Supreme Court.
*PIL to link movable and immovable property documents with AADHAAR to curb Corruption, Black Money generation and Benami Transaction. Matter is pending in the Supreme Court because Central Government has not filed its reply till date.
*PIL to appoint a Lokpal at Centre, Lokayukta in States and provide a citizen charter in every department to ensure time bound delivery of goods and services and redressal of grievances in time bound manner.
*PIL to de-register the political parties, which do not contest election, or accept donation in cash more than 2000 rupees per person per year; or accept total donation of either more than 10 crore rupees or more than 10% total donation in cash, whichever is less. Supreme Court directed to approach Election Commission.
*PIL to repeal Police Act 1861 and implement Model Police Act 2006 and Supreme Court’s Judgment dated 22.09.2006 on Police Reform. Matter is pending in the Supreme Court.
*PIL to frame National Policy to promote and propagate Hindi language and make its study compulsory for all the children aged 6-14 years (students of I – VIII standard) throughout the Country. Supreme Court directed to approach Central Government.
*PIL to restrict misuse of religion by contesting candidates and political parties for electoral gain and debar such person from contesting election, forming political parties and becoming political office bearer.
*PIL to implement Right to Equal Education (RTEE) in place of Right to Education (RTE) for children aged 6-14 years throughout the Country.
*PIL to implement “One Nation One Education Board” in substitution of existing multi-board system viz. Indian Certificate of Secondary Education Board and Central Board of Secondary Education Board.
*PIL to introduce common textbook having chapters on Fundamental Rights, Fundamental Duties, Directive Principles and make its study compulsory for all the children aged 6-14 years throughout the country.
*PIL to use Common Electoral Rolls for Parliament, State Assembly and Local Body Elections and Totalizer for counting the votes and Post Offices as the Nodal Agency for voter registration and verification. Matter is pending in the Supreme Court and the Centre is opposing the plea.
*PIL to reduce pendency of cases from 15 to 3 years and plan Annual Calendar in such a way so that the Courts including Supreme Court function at least 225 days per year and 6 hours per day. SC declined it.
*PIL to prohibit production and sale of liquors and other intoxicating drinks and drugs throughout the Country. SC declined it.
*Declare ‘First Sunday’ of every month as “Health Day” in place of “Polio Day” for educating citizens about ill-effects of cigarette, tobacco, liquors and other intoxicating drinks and harmful drugs.
*PIL to publish Name, Qualification, Criminal Antecedents and Property Details in three Newspapers and three News Channels. Election Commission directed political parties and candidates to comply it.
*PIL to establish All India Judicial Services for the appointment of Judges in District Court on the lines of IAS and IPS.
