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Civil Liberties & RTI

Right to Information, PILs, and Fundamental Rights.

How do I file an RTI application in India? What information can I request?

Under the Right to Information Act, 2005, any citizen can apply to a Public Information Officer (PIO) for information held by government bodies. ₹10 fee (free for BPL). PIO must respond within 30 days (48 hours for life/liberty). File via RTI Online Portal (rtionline.gov.in) for central agencies, or state RTI portals / postal application to PIO directly. Appeals to First Appellate Authority within 30 days; Information Commission within 90 days.
Reference: Right to Information Act, 2005; Right to Information Rules, 2012 (Central); state-specific RTI Rules; Right to Information (Amendment) Act, 2019; CBSE v. Aditya Bandopadhyay, (2011) 8 SCC 497; RBI v. Jayantilal N. Mistry, (2016) 3 SCC 525

What is a Public Interest Litigation (PIL) and can I file one?

Any public-spirited citizen can file a PIL in the Supreme Court (Article 32) or High Court (Article 226) to vindicate public interest. Frivolous PILs attract heavy costs.
Reference: Articles 32 & 226, Constitution of India; S.P. Gupta v. Union of India, 1981 Supp SCC 87; State of Uttaranchal v. Balwant Singh Chaufal, (2010) 3 SCC 402

What are the legal rights of LGBTQ+ persons and same-sex couples in India?

Same-sex relations were decriminalised in 2018 by the Supreme Court in Navtej Singh Johar v. Union of India (reading down Section 377 IPC, now reflected in BNS 2023). Transgender persons have legal recognition and rights under the Transgender Persons (Protection of Rights) Act, 2019. Same-sex marriage NOT yet recognised (Supriyo Chakraborty, 2023), but cohabitation, joint accounts, nominee rights are legal.
Reference: NALSA v. Union of India, (2014) 5 SCC 438; Navtej Singh Johar v. Union of India, (2018) 10 SCC 1; K.S. Puttaswamy v. Union of India, (2017) 10 SCC 1; Supriyo Chakraborty v. Union of India, (2023); Transgender Persons (Protection of Rights) Act, 2019

What are the legal rules around religious freedom and conversion in India?

Article 25 of the Constitution guarantees freedom of conscience and free profession, practice and propagation of religion. However, multiple state Anti-Conversion Laws (UP, MP, Gujarat, HP, Uttarakhand, Karnataka, Haryana, Rajasthan etc.) regulate religious conversion — particularly through 'force, allurement, marriage or fraud'. Voluntary conversion legal with notice.
Reference: Constitution of India (Articles 25-30); Uttar Pradesh Prohibition of Unlawful Religious Conversion Act, 2021; Special Marriage Act, 1954; Rev. Stanislaus v. State of Madhya Pradesh, (1977) 1 SCC 677

What is Section 163 BNSS (formerly 144 CrPC)? When can prohibitory orders be imposed?

Section 163 BNSS, 2023 (replaces Section 144 CrPC) empowers District Magistrate / SDM to issue prohibitory orders to prevent danger to human life, health, safety, public tranquility, riot or affray. Orders typically restrict assembly of 5+ persons, carrying weapons, etc. Valid for 2 months (extendable to 6 months). Can be challenged in High Court.
Reference: Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 163); Anuradha Bhasin v. Union of India, (2020) 3 SCC 637; Madhu Limaye v. Sub-Divisional Magistrate, Monghyr, (1970) 3 SCC 746; Constitution of India (Article 19)

Is it illegal for hotels in India to refuse rooms to unmarried couples?

There is NO law in India that prohibits unmarried couples from booking hotel rooms. Hotels denying rooms on the basis of marital status violate Article 21 (privacy) and Article 14 (equality). Adults of consenting age have right to choose accommodation per K.S. Puttaswamy (2017) and multiple HC rulings. File consumer complaint, approach state tourism department, or use NHRC.
Reference: Constitution of India (Articles 14, 19, 21); K.S. Puttaswamy v. Union of India, (2017) 10 SCC 1; Shafin Jahan v. Asokan K.M., (2018) 16 SCC 368; S. Khushboo v. Kanniammal, (2010) 5 SCC 600; Consumer Protection Act, 2019