ADDRESSING RELIGIOUS DISCRIMINATION IN THE ALLAHABAD HIGH COURT

by | Apr 18, 2024

In a recent development before the Allahabad High Court, a trial court judge’s apology has sparked conversations about religious discrimination within India’s legal framework. The case, centered on allegations of forced religious conversions by Muslim clerics, has raised serious concerns about the fairness and neutrality of our judicial system. The need to address religious discrimination in legal proceedings has become increasingly apparent, particularly in cases such as this one before the Allahabad High Court.

Background 

This saga began with a complaint lodged by the Uttar Pradesh Anti-Terrorist Squad against two Muslim clerics and others. However, what unfolded in the trial court under Judge Vivekanand Sharan Tripathi’s jurisdiction painted a troubling picture. On January 19, Judge Tripathi’s decision to appoint an amicus curiae against the wishes of the accused, citing the religion of their counsel, ignited controversy. Many saw this move as a departure from the core principles of fairness and equality enshrined in our constitution.

Key Aspects 

  • Discriminatory Actions: Judge Tripathi’s decision to appoint an amicus curiae based on the religion of the accused’s counsel sparked concerns about religious bias.
  • Constitutional Principles: The Allahabad High Court stressed the importance of Article 15 of the Indian Constitution, which prohibits discrimination based on religion, caste, or sex.
  • Fair Trial Procedures: Highlighting the significance of fair trial procedures, the High Court emphasized the need to provide accused individuals with access to evidence in advance.
  • Judicial Accountability: The court’s ruling underscored the duty of judges to uphold legal and ethical standards, holding them accountable while safeguarding judicial independence.

Court’s Ruling:

On April 3, the Allahabad High Court delivered a firm rebuke to the trial court’s actions, deeming them a violation of fundamental rights. The court stressed the importance of maintaining integrity and accountability within the judiciary, ensuring that justice is administered without prejudice.

The proceedings before the Allahabad High Court serve as a poignant reminder of the critical role played by impartiality and fairness in our legal system. Upholding constitutional values, such as equality and non-discrimination, is paramount for building public trust in our institutions. Looking ahead, it is imperative for judges to remain steadfast in their commitment to these principles, ensuring that justice is served without bias or discrimination.

Source- Scroll.in

Also Read- SUPREME COURT DIRECTS ALLAHABAD HC TO IMPLEMENT E-FILING AND VIRTUAL APPEARANCE IN UP DISTRICT COURTS

Written By Vishakha Khatri

My name is Vishakha Khatri. I am an engineering graduate and a civil service aspirant with a passion for spreading knowledge about Indian polity. I believe that understanding our political system is crucial for every citizen, and I am committed to making this information accessible to everyone in my own easy way. Through my experiences in civil service preparation and my unique perspective as an engineering graduate, I hope to inspire and educate others on the importance of Indian polity.

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