Diwan Advocates

Civil and Human Rights Practice

A worker is dismissed from a government undertaking without a hearing. The dismissal order gives no reasons. The worker has dependants and no other income. An administrative order that affects a person's livelihood without following basic procedural fairness is not beyond challenge.

A woman employed at a private company makes a complaint of sexual harassment. The internal complaints committee does not follow the prescribed procedure under the POSH Act and dismisses the complaint after a cursory inquiry. The complainant wants the inquiry reopened and a proper process followed.

Civil and human rights law in India draws on constitutional guarantees, statutory protections, and the common law principles of natural justice that Indian courts have developed across decades. At Diwan Advocates, we advise individuals, organisations, and institutions on rights, remedies, and obligations in this space.

Constitutional Remedies

Part III of the Constitution of India guarantees fundamental rights including equality before law, prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth, protection of life and personal liberty, freedom of speech and expression, and the right to constitutional remedies. The right to move the High Court under Article 226 and the Supreme Court under Article 32 to enforce fundamental rights is itself a fundamental right. Courts have consistently held that it cannot be abridged.

Writs and Public Law Remedies

The writ jurisdiction of the High Courts is the primary mechanism for challenging state action that violates fundamental rights or exceeds legal authority. A writ of mandamus compels a public authority to perform a legal duty. A writ of certiorari quashes an illegal order. A writ of prohibition prevents a tribunal from exceeding its jurisdiction. A writ of habeas corpus secures the release of a person detained unlawfully. Public interest litigation has expanded these remedies to allow any public-spirited individual to bring constitutional violations to the court's attention.

Natural Justice

Every person against whom an adverse order is proposed must be given notice of the case against them and a fair opportunity to be heard. An order made without hearing the affected person is liable to be set aside. Reasons must be given for decisions that affect rights. These principles apply to administrative action by the state and by statutory authorities, and have been extended in many contexts to disciplinary proceedings by private bodies that exercise public functions.

Right to Information

The Right to Information Act, 2005 gives every citizen the right to request information from public authorities. Information must ordinarily be provided within thirty days of the request. Refusals can be appealed before the first appellate authority within the public authority and then before the Central or State Information Commissioner. Information that cannot be compelled includes matters of national security, personal information where there is no public interest in disclosure, and cabinet papers. The RTI has become a practical tool for individuals challenging administrative decisions.

Why Diwan Advocates for Civil and Human Rights?

Legislative Reference Index

Rights violations require prompt action. Limitation applies in writ proceedings too, and courts are less sympathetic to delay where rights are at stake.

Diwan Advocates is ready.

Diwan Advocates  |  Delhi, India