PIL MAN ASHWINI UPADHYAY: THE UNCROWNED KING OF PUBLIC INTEREST LITIGATION
By: – special correspondent
Being a Public Interest Litigation maven, he has filed more than 100 PILs in the Supreme Court and different High Courts of India. Known for securing the significant public interests and fighting for gender justice, gender equality, social economic and political justice for vulnerable socially economically disadvantaged sections of society, Ashwini Upadhyay has been making every endeavor to take up wider issues affecting the public at large through taking recourse to the constitutional statutory rights of citizens.
He is unwaveringly committed to fight for the defense of the freedom of expression and the protection of human rights. He is always on his mettle to fight for the sanctity of the constitution and law of the land. A stalwart in his own right, Upadhyay is reckoned to be an admiring figure for PIL activists and known as the PIL Man. Beside Electoral Reform, Education Reform, Police Reform and Judicial Reform, Upadhyay is also striving for Gender Justice, Gender Equality, Dignity of Women and National Integration.
Ashwini Upadhyay is a firm believer in the equal access to jurisdiction particularly about millions of destitute and backward masses stricken by illiteracy, poverty and ignorance. He possesses the courage of his convictions and is the bitter opponent of corruption and judicial vilification, besides being the proponent of judicial activism. Though Upadhyay is a BJP Spokesperson, yet he gives a miss to attending news conference, because he is rattling engrossed in fighting PILs which have wider and consequential impact on the Indian society. He is disposed to pursue the most pragmatic streak; therefore, his most of the PILs has been accepted and has never earned Court’s chastisement for moving frivolous PILs.
Upadhyay is adept at not only successfully and efficiently dealing with all forms of Writs and Special Leave Petition (SLPs) but also tactfully handling Civil Suits, Criminal Appeals as well as Constitutional matters within the Supreme Court as well as several High Courts encompassing Delhi High Court, Allahabad High Court, Rajasthan High Court, Uttarakhand High Court, Punjab & Haryana High Court. Being a Member of the Supreme Court Bar Association, he has notched up insight into the nuances and nitty-gritty of National Human Rights Commission, Arbitration as well as various Commissions and Tribunals.
Despite having his affiliation with Bharatiya Janata Party, he has never filed any politically motivated PIL but socially oriented landmark petitions, which have widespread implications on Indian society and spearheaded revolution in the arena of litigation pertaining to larger public issues, especially in the fields of human rights. Upadhyay stands on the fence therefore some of his PILs have not gone down well with his party, though he remains a favorite PIL activist whose litigations kick-started in the Supreme Court several significant observations on the issues which are dear to BJP and the Sangh Parivar.
Advocate Upadhyay has manifested fearlessness and his judicial legerdemain in filing a number of supremely important Public Interest Litigation, a few worth to name:
| 1. PIL to control Black Magic and Superstition |
| 2. PIL to Develop Scientific Temper and Humanism |
| 3. PIL to Stop Religious Conversion by Hook or Crook |
| 4. PIL to Declare Article 35A Void & Unconstitutional |
| 5. PIL to Declare Article 370 Void & Unconstitutional |
| 6. PIL to Define Minority & Majority, pending in Supreme Court |
| 7. PIL to make study of Indian Constitution compulsory for all students |
| 8. PIL to Deport Rohingya and Bangladeshis, pending in Supreme Court |
| 9. PIL for Right to Equal Education (RTEE) disposed of by Supreme Court |
| 10. PIL to Frame National Anthem Policy, disposed of by Supreme Court |
| 11. PIL for One Nation One Education Board, pending in Supreme Court |
| 12. PIL to Frame a National Policy to promote Hindi, disposed of by Supreme Court |
| 13. PIL for National Unity and Integrity Commission, disposed of by Supreme Court |
| 14. PIL to Frame National Yoga Policy to promote Yoga, disposed of by Supreme Court |
| 15. PIL for Common Syllabus and Common Curriculum for students of I-VIII standard |
| 16. PIL to Establish One Kendriya Vidyalaya in every Tehsil, pending in Supreme Court |
| 17. PIL to grant Equal Status to Jana Gana Mana and Vandemataram |
| 18. PIL seeking Uniform Grounds for Divorce |
| 19. PIL seeking Uniform Maintenance & Alimony |
| 20. PIL seeking Uniform Minimum Age of Marrige |
| 21. PIL to declare Triple Talaq Void & Unconstitutional |
| 22. PIL to Ban Sharia Courts, pending in Supreme Court |
| 23. PIL seeking Uniform Adoption & Guardianship Rights |
| 24. PIL seeking Uniform Succession & Inheritance Rights |
| 25. PIL for Uniform Civil Code, pending in Delhi High Court |
| 26. PIL for Population Control Law, pending in Supreme Court |
| 27. PIL to Ban Polygamy and Nikah Halala, pending in Supreme Court |
| 28. PIL to Ban Nikah Mutah and Nikah Misyar, pending in Supreme Court |
| 29. PIL to Provide condoms & pills etc. free of cost to EWS and BPL families |
| 30. PIL to improve India’s ranking in Rule of Law Index |
| 31. PIL to Appoint Lokpal at Centre & Lokayukta in all States |
| 32. PIL against Fake News & Paid News, pending in High Court |
| 33. PIL to improve India’s ranking in Corruption Perception Index |
| 34. PIL to make Narco, Polygraph & Brain mapping test compulsory |
| 35. PIL to Recall currency above 100 rupees, pending in Supreme Court |
| 36. PIL to Link property documents with AADHAAR, pending in High Court |
| 37. PIL to Ban Liquor & intoxicating drugs, disposed of by Supreme Court |
| 38. PIL to Link Social Media accounts with AADHAAR, pending in High Court |
| 39. PIL to Use Totalizer for Counting Votes, pending in Supreme Court |
| 40. PIL to start Indian Judicial Services, disposed of by Supreme Court |
| 41. PIL for Aadhaar Based Election Voting, disposed of by Supreme Court |
| 42. PIL to Provide independent secretariat to Election Commission of India |
| 43. PIL to Debar convicted person from becoming political office bearer for life |
| 44. PIL to Provide Citizen Charter to ensure timely delivery of goods and services |
| 45. PIL to Establish Special Courts for MLAs and MPs, pending in Supreme Court |
| 46. PIL to Use Common Electoral Rolls in all Elections, pending in Supreme Court |
| 47. PIL for CBI Inquiry of Mathura Jawahar Bag Violence, disposed of by High Court |
| 48. PIL to control Misuse of Caste & Religion for electoral gain, pending in High Court |
| 49. PIL to Debar Legislators from practicing other professions till they demit the office |
| 50. PIL for Appointment of Election Commissioners by Collegium of PM, CJI and LoP |
| 51. PIL for CBI Investigation of extortion by Atiq Ahmed, disposed of by Supreme Court |
| 52. PIL to Confer rule making power to Election Commission, pending in Supreme Court |
| 53. PIL to Reduce pendency of cases from 15 to 3 years, disposed of by Supreme Court |
| 54. PIL to Set Minimum Qualification and Maximum Age Limit for contesting election |
| 55. PIL to Restrict cash transaction above 10,000 rupees, disposed of by High Court |
| 56. PIL to Debar convicted person from contesting for life, pending in Supreme Court |
| 57. PIL to Rename political parties with religious connotation, pending in High Court |
| 58. PIL to Repeal British made Police Act 1861 and implement Model Police Act 2006 |
| 59. PIL to Debar convicted people from forming political party pending in Supreme Court |
| 60. PIL for Consecutive Sentence for making fake PAN, AADHAR, Passport, Driving License |
| 61. District Court, High Court and Supreme Court should work at least 225 Days per year |
| 62. PIL to Restrict Political Donation in cash to maximum 2000 rupees per person per year |
| 63. PIL to Restrict people from contesting for same office from more than one constituency, |
| 64. PIL to Declare criminal antecedent in News Papers News Channels thrice during election |
| 65. PIL to declare Post Offices as Nodal Agency for voter registration, pending in Supreme Court |
| 66. PIL for Consecutive Sentence to Black Money, Benami Property and Disproportionate Asset Holders |
| 67. PIL for Consecutive Sentence to Money Launderers Food Adulterators Smuggler Human Traffickers |
