SC Judgment: Maneka Gandhi Vs Union Of India (1978)


This will be useful to those of you hounded by a Red Corner Alert or threats of Passport impoundment.

It was held that procedure established under Art.21 has to be reasonable and not violative of Art.14.

In effect, the SC interpreted this as a case for due process. The article from the Hindu is given below:

This site has more info:

Here is the judgment of the SC:

Here is a pdf of the same for printing:

Maneka Gandhi vs Union Of India on 25 January, 1978

A warning! It is a 144 page judgment.



12 Responses to “SC Judgment: Maneka Gandhi Vs Union Of India (1978)”

  1. 1 hemant badgujar October 14, 2007 at 4:55 pm

    hello i wnt to join ur comunity i am also lawyer


  2. 2 rahul August 13, 2008 at 5:34 am

    hello i wnt to join ur comunity


  3. 3 Mohan March 8, 2009 at 2:42 pm

    Kindly give me supreme court and high court decisions on Indian Penal Code S.313, causeing miscarriage without woman’s consent.

    In this case, the wife filed a case against husband on 498A, Sec.313 of Indian penal code, Sec.4 of Dowry Prohibitin Act.

    Hence please send me by mail, the judgements relating to those 3 sections, Kindly help.


  4. 4 saniha October 27, 2009 at 7:46 am

    she must be prisoned like anything………. and his son in the name of party eating a lots of corruption.


  5. 5 avni mittal January 18, 2010 at 3:21 pm

    details of maneka gandhi vs union of india AIR 1978 SC 597


  6. 6 mayur mittal December 7, 2010 at 12:22 am

    hi avni i want know about extract of “menka gandhi vs union of India” i request u please send me


  7. 7 Sanjay more February 17, 2011 at 2:13 am

    hi..i am sanjay


  8. 8 Shyam July 31, 2011 at 12:19 pm

    true… not sure who said this, but it still rings true: Corruption is authority plus monopoly minus transparency.


  9. 9 Apoorva October 27, 2011 at 3:50 pm

    I want know about extract of “menka gandhi vs union of India” i request u please send me. My email address is


  10. 10 Rashmi March 22, 2012 at 7:40 am

    Hello i want to joai comunity i m also lawyer … Thanx


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Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

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The content of this blog is copyrighted. You are required to obtain prior permission before locally hosting or reproducing online or in print, any or part of the content. You are welcome to directly link to the content from your site. Page copy protected against web site content infringement by Copyscape Registered & Protected Creative Commons License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 Unported License.


The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

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