UAPA Judgment| Justice Sanjay Karol’s opinion on reliance on American decisions to read down Section 10 UAPA
Supreme Court said that a stand of whichever court, cannot be allowed to stand, if it is in ignorance of constitutional provisions
right to form association
Explained| Supreme Court’s verdict upholding Constitutionality of S. 10(a)(i) of the UAPA, 1967
Supreme Court said that the object and purpose of the enactment of UAPA is to provide for more effective prevention of certain unlawful activities. To punish such a person who is continued as a member of such unlawful association which is declared unlawful due to unlawful activities can be said to be in furtherance of providing for effective prevention of the unlawful activities.
[LGBTQ+ Rights] | LGBTQ+ community have the Right to Freedom of Association, which includes the right to form an association of any kind: Supreme Court of Kenya
With a ratio of 3:2, the Supreme Court of Kenya delivered a significant decision by holding that it would be unconstitutional to limit the right to form association purely based on sexual orientation.