Ashwini Upadhyay
{{Short description|Indian politician and lawyer (born 1975)}}
{{Use dmy dates|date=December 2022}}
{{Use Indian English|date=December 2022}}
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| birth_place =Prayagraj
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Ashwini Kumar Upadhyay is a politician and lawyer at the Supreme Court of India and a leader of the Bharatiya Janta Party Delhi unit. In 2011, he quit his job to join Anna Hazare's anti-corruption movement and subsequently joined the newly formed the Aam Aadmi Party of which he was one of the founding members.{{Cite web |last=Jain |first=Ritika |date=2021-08-10 |title=Explained: Who Is Advocate Ashwini Kumar Upadhyay Ex BJP Spokesperson {{!}} BOOM |url=https://www.boomlive.in/law/advocate-ashwini-kumar-upadhyay-bjp-supreme-court-public-interest-litigation-14235 |access-date=2022-03-02 |website=www.boomlive.in |language=en}} He is known for filing Public Interest Litigations (PILs).
Early life and education
Upadhyay was born on 17 March 1975 in Prayagraj, Uttar Pradesh. He studied at government school in the city. His first degree and career was in electrical engineering. In 2002 he acquired a law degree from Chaudhary Charan Singh University.{{Cite web |last=Tripathi, DHNS |first=Ashish |title=PIL without pause: The unstoppable Ashwini Upadhyay |url=https://www.deccanherald.com/india/pil-without-pause-the-unstoppable-ashwini-upadhyay-1170562.html |access-date=2023-08-23 |website=Deccan Herald |language=en}}{{Cite web |title=50 pleas in 5 years for ‘PIL man’ |url=https://www.newindianexpress.com/thesundaystandard/2018/nov/11/50-pleas-in-5-years-for-pil-man-1896563.html |access-date=2023-08-23 |website=The New Indian Express}}
Public interest litigations
Upadhyay is known for regularly filing PILs on a wide range of issues. He has been called the PIL Man of India and has a unique distinction of filing over 50 PILs in a span of 5 years.{{Cite web |title=50 pleas in 5 years for 'PIL man' |url=https://www.newindianexpress.com/thesundaystandard/2018/nov/11/50-pleas-in-5-years-for-pil-man-1896563.html |access-date=2022-03-02 |website=The New Indian Express}} The Supreme Court has expressed dissatisfaction with his filing PILs on "everything under the sun", telling him that many of these issues should be resolved through the government and not the courts.{{Cite web |last=Kakkar |first=Shruti |date=2022-07-14 |title='If Everyday You File A PIL, We'll Have To Constitute A Special Court' :Supreme Court To Ashwini Upadhyay |url=https://www.livelaw.in/top-stories/if-everyday-you-file-a-pil-well-have-to-constitute-a-special-court-supreme-court-to-ashwini-upadhyay-203765 |access-date=2022-07-15 |website=www.livelaw.in |language=en}}
Upadhyay has also helped other political leaders raise political issues through PILs. In June 2018, he helped Delhi MLA Kapil Mishra file a PIL against CM Arvind Kejriwal for his low attendance in the assembly and functioning of the house.{{Cite web |date=2018-06-11 |title=Rebel AAP MLA Kapil Mishra Sues Arvind Kejriwal for 'Low' Attendance in Delhi Assembly |url=https://www.news18.com/news/politics/rebel-aap-mla-kapil-mishra-sues-arvind-kejriwal-for-low-attendance-in-delhi-assembly-1775367.html |access-date=2022-03-04 |website=News18 |language=en}} Through his PIL in August 2021, he has been instrumental in ensuring no criminal cases against MPs and MLAs are withdrawn without the permission of the High Court of the concerned state.{{Cite web |title=SC Bars Withdrawal Of Criminal Prosecution Against MPs/MLAs Without Permission Of High Court |url=http://www.legalservicesindia.com/law/article/2149/5/SC-Bars-Withdrawal-Of-Criminal-Prosecution-Against-MPs-MLAs-Without-Permission-Of-High-Court |access-date=2022-03-15 |website=Legal Articles in India |language=en}}
= Politics and anti corruption =
Continuing his pursuit for the Janlokpal movement, in 2018 Upadhyay filed a PIL regarding state level appointment for the Lokayukta for which the Supreme Court took note and asked for explanation from 12 states and union territories.{{Cite web |date=2018-03-23 |title=SC seeks explanation from 12 states, UTs on appointment of Lokayukta |url=https://www.thestatesman.com/india/sc-seeks-explanation-from-12-states-on-appointment-of-lokayukta-1502606706.html |access-date=2022-03-04 |website=The Statesman |language=en-US}} He has filed several PILs pertaining to electoral processes. One such PIL seeks Election Commission to restrict parties and candidates whose election has been nullified or declared void from participating in fresh polls. Another PIL seeks the disqualification of candidates who seek votes in the name of caste, religion, community. Further in another PIL by Upadhyay prepared in collaboration with Advocate Vijay Hansaria, he seeks the appointment of special courts to prosecute corrupt political leaders. A PIL by Upadhyay asked for making the manifestoes of political parties as legally enforceable documents.{{Cite web |title=DNA Explainer: What if NOTA gets majority in an election? SC seeks reply from Centre, EC |url=https://www.dnaindia.com/india/report-dna-explainer-what-if-nota-gets-majority-in-an-election-sc-seeks-reply-from-centre-ec-2881353 |access-date=2022-03-02 |website=DNA India |language=en}}{{Cite web |title=Disqualify candidates using religion to get votes: Fresh PIL in Supreme Court |url=https://www.dnaindia.com/india/report-disqualify-candidates-using-religion-to-get-votes-fresh-pil-in-supreme-court-2741117 |access-date=2022-03-02 |website=DNA India |language=en}}{{Cite web |title=Fix special courts to try tainted netas: Supreme Court |url=https://www.dnaindia.com/india/report-fix-special-courts-to-try-tainted-netas-supreme-court-2692386 |access-date=2022-03-02 |website=DNA India |language=en}}{{Cite web |date=2022-02-19 |title=PIL in SC seeks steps to regulate poll manifesto, make them legally enforceable |url=https://www.firstpost.com/politics/pil-in-sc-seeks-steps-to-regulate-poll-manifesto-make-them-legally-enforceable-10390321.html |access-date=2022-03-02 |website=Firstpost |language=en}} In January 2022, Upadhyay filed a petition to deregister parties that do not file details of criminal activities of their candidates.{{Cite web |title=Assembly polls 2022: Plea in SC to deregister parties not divulging criminal cases of candidates |url=https://www.newindianexpress.com/nation/2022/jan/17/assembly-polls-2022plea-in-sc-to-deregister-parties-not-divulging-criminal-cases-of-candidates-2407798.html |access-date=2022-04-04 |website=The New Indian Express}} In 2018 he filed a PIL seeking a cap of Rs 2000 for donations to political parties. AFter this filing, the Supreme Court reprimanded Upadhyay for meaningless PILs, warning him of a ban if this trend continued.{{Cite news |last=ANI |date=2018-11-12 |title=SC raps advocate Ashwini Upadhyay for filing 'meaningless' PILs |work=Business Standard India |url=https://www.business-standard.com/article/news-ani/sc-raps-advocate-ashwini-upadhyay-for-filing-meaningless-pils-118111201238_1.html |access-date=2022-03-15}}
= Women and family =
On family issues, Upadhyay filed PIL seeking a Uniform Divorce Law for women. In another one he seeks the Supreme Court to ban the practice of polygamy and nikah halala in the Muslim community.{{Cite web |title=SC to hear plea seeking 'Uniform Divorce Law' for all women, issues notices to Centre |url=https://www.dnaindia.com/india/news-supreme-court-to-hear-plea-seeking-uniform-divorce-law-issues-notices-to-centre-2862346 |access-date=2022-03-02 |website=DNA India |language=en}}{{Cite web |title=Plea seeking ban on nikah halala, polygamy in SC |url=https://www.dnaindia.com/india/report-plea-seeking-ban-on-nikah-halala-polygamy-in-sc-2591114 |access-date=2022-03-02 |website=DNA India |language=en}} In May 2021, he filed a PIL for a two child policy. He sought the introduction of population control law and also made MOHFW a party to this PIL.{{Cite web |title=PIL on two-child norm: SC allows plea to implead MOHFW to be a party |url=https://ca.sports.yahoo.com/news/pil-two-child-norm-sc-170854738.html |access-date=2022-03-15 |website=ca.sports.yahoo.com |language=en-CA}}
Challenging the RTE act, Upadhyay also filed petition demanding a common curriculum for madarssas and vedic schools.{{Cite web |last=Jha |first=Prashant |title=Common syllabus for Madrasas and Vedic schools: Delhi High Court issues notice to Centre in Ashwini Upadhyay plea |url=https://www.barandbench.com/news/litigation/common-syllabus-for-madrasas-and-vedic-schools-delhi-high-court-issues-notice-to-centre-in-ashwini-upadhyay-plea |access-date=2022-03-04 |website=Bar and Bench - Indian Legal news |language=en}} In 2019, he filed a petition for the protection of non-naga ethnicities in the commercial town of Dimapur following the ILP system.{{Cite news |last=Singh |first=Soibam Rocky |date=2019-06-23 |title=Plea in SC seeks protection for non-Nagas in Dimapur |language=en-IN |work=The Hindu |url=https://www.thehindu.com/news/national/other-states/plea-in-sc-seeks-protection-for-non-nagas-in-dimapur/article28118917.ece |access-date=2022-03-04 |issn=0971-751X}} In July 2022, Upadhyay filed a PIL through his son for implementation of common dress code across the schools in the country.
= Social =
Upadhyay has challenged certain sections 2,3 and 4 of the Places of Worship Act 1991.{{Cite web |title=Constitutionality of the Places of Worship Act |url=https://www.scobserver.in/cases/ashwini-kumar-upadhyay-union-of-india-constitutionality-of-the-places-of-worship-act-case-background/ |access-date=2022-03-15 |website=Supreme Court Observer |language=en-US}}{{cite web|title=Places of Worship Act: Supreme Court gives Centre more time to respond|url=https://indianexpress.com/article/india/pleas-validity-places-of-worship-act-sc-centre-affidavit-8267237/|website= Indian Express|date=November 15, 2022 }} In February 2022, following the suicide of a school girl in Tamil Nadu alleging pressure to convert to Christianity, Upadhyay filed a PIL to regulate deceptive religious conversions.{{Cite web |last=Lawstreet |title=[Lavanya Death Case] PIL Filed by Ashwini Upadhyay in SC Against Forceful Religious Conversions [Read PIL] |url=https://lawstreet.co/judiciary/lavanya-death-case-ashwini-upadhyay-supremen-court/ |access-date=2022-03-22 |website=Lawstreet.co |language=en}} In March 2022, Upadhyay made a plea in the Supreme Court for identifying minorities at state level. This meant the Hindu community would be eligible for minority status in at least 10 states of India.{{Cite web |date=2022-03-28 |title=Hindus can be granted minority status in 10 states: Centre tells SC |url=https://zeenews.india.com/india/hindus-can-be-granted-minority-status-in-10-states-centre-tells-sc-2448607.html |access-date=2022-03-31 |website=Zee News |language=en}} In April 2022, Upadhyaya filed a plea in Delhi HC challenging the constitutional validity of the Wakf Board.{{Cite web |title=PIL in Delhi High Court challenges constitutional validity of Waqf Act |url=https://www.freepressjournal.in/legal/pil-in-delhi-high-court-challenges-constitutional-validity-of-waqf-act |access-date=2022-04-18 |website=Free Press Journal |language=en}}
Politics
Upadhyay, an active member of the Anna Hazare anti-corruption movement, was one of the founder members of the newly launched Aam Aadmi party in November 2012 following the Janlokpal movement. In March 2014, he sent a list of questions to party chief Arvind Kejriwal seeking clarity on several issues of concern including ticket distribution and funding from Ford foundation.{{Cite web |last=Desk |first=India TV News |date=2014-03-13 |title=Dissident AAP member Ashwini Upadhyay sends questionnaire to Kejriwal |url=https://www.indiatvnews.com/politics/national/dissident-aap-member-ashwini-upadhyay-sends-questionnaire-to-kej-15526.html |access-date=2022-03-04 |website=www.indiatvnews.com |language=en}}{{Cite web |title=Importance of advocate Ashwini Upadhyay - Kashmir Times |url=http://www.kashmirtimes.in/newsdet.aspx?q=112170 |access-date=2022-03-22 |website=www.kashmirtimes.in}} In April 2014, he accused Kejriwal of diverting from the 'real issues' and forming a secret alliance with the Congress party while positing to be rival to them publicly. Upadhyay also claimed people close to Ford foundation were given election tickets. He even went on to accuse Kejriwal of being a CIA agent.{{Cite web |title='Members associated with Ford Foundation given AAP tickets' |url=https://www.rediff.com/news/report/members-associated-with-ford-foundation-given-aap-tickets/20140305.htm |access-date=2022-03-15 |website=Rediff |language=en}}{{Cite web |last=Preeti |date=2014-03-09 |title=Arvind Kejriwal is a 'CIA agent', 'liar': Rebel AAP member Ashwini Upadhyay |url=https://www.oneindia.com/new-delhi/kejriwal-is-a-cia-agent-liar-rebel-aap-member-ashwini-upadhyaya-1409227.html |access-date=2022-03-22 |website=www.oneindia.com |language=en}} AAP denied the allegations and expelled Upadhyay over involvement in anti party activities.{{Cite web |date=2014-04-07 |title=AAP expels Ashwini Upadhyay, who levelled charges against Kejriwal |url=https://indianexpress.com/article/cities/delhi/aap-expels-ashwini-upadhyay-who-levelled-charges-against-kejriwal/ |access-date=2022-03-04 |website=The Indian Express |language=en}}{{Cite web |last=Indiablooms |title=AAP expels Ashwini Upadhyay {{!}} Indiablooms - First Portal on Digital News Management |url=https://www.indiablooms.com/news-details/E/171/aap-expels-ashwini-upadhyay.html |access-date=2022-03-04 |website=Indiablooms.com |language=en}}
Subsequently, in November 2014, he joined the BJP along with several other AAP members. Upadhyay cited the influence of PM Narendra Modi and his vision for the nation as the reason for joining the BJP.{{Cite web |title=AAP founder member Ashwini Upadhyay joins BJP |url=https://www.dnaindia.com/india/report-aap-founder-member-ashwini-upadhyay-joins-bjp-2038529 |access-date=2022-02-28 |website=DNA India |language=en}}
In 2016, he wrote a letter to Delhi CM to ban the sale of alcohol in the state.{{Cite web |last=Reetu |date=2016-06-23 |title=Ban alcohol in Delhi: BJP leader Ashwini Upadhyay writes to CM Kejriwal |url=https://www.oneindia.com/india/ban-alcohol-delhi-bjp-leader-ashwini-upadhyay-writes-cm-kejiwal-2135372.html |access-date=2022-03-04 |website=www.oneindia.com |language=en}}
Upadhyay has been actively pursuing the cause of population control legislation for which he has met several BJP and RSS leaders explaining that no constitutional amendment was required for introducing the population control bill.{{Cite web |last=Desk |first=Sentinel Digital |date=2019-12-06 |title=BJP leader Ashwini Upadhyay resurrects Sanjay Gandhi to curb population - Sentinelassam |url=https://www.sentinelassam.com/national-news/bjp-leader-ashwini-upadhyay-resurrects-sanjay-gandhi-to-curb-population/ |access-date=2022-03-15 |website=www.sentinelassam.com |language=en}}
In August 2021, Upadhyay was arrested for his role in the anti-Muslim slogans at a Jantar Mantar protest in favor of a consistent legal code he organized, where the crowd shouted slogans in favor of violence against Muslims.{{Cite web |title=BJP Leader, 5 Others Arrested After Anti-Muslim Slogans Were Raised at Jantar Mantar |url=https://thewire.in/communalism/ashwini-upadhyay-four-others-detained-after-anti-muslim-slogans-were-raised-at-jantar-mantar |access-date=2023-08-23 |website=The Wire}} He denied any connection to the slogans, and was released on bail the next day, with the court citing insufficient evidence against him and his lack of flight risk.{{Cite web |date=2021-08-11 |title=Inflammatory slogans at Jantar Mantar: Delhi court grants bail to Ashwini Upadhyay |url=https://indianexpress.com/article/cities/delhi/delhi-police-oppose-ashwini-upadhyays-bail-application-7448855/ |access-date=2023-08-23 |website=The Indian Express |language=en}}
Personal life
He is married to Neeta Upadhyay and together they have two sons.{{Cite web |date=2021-08-11 |title=कौन हैं अश्विनी उपाध्याय ? हमेशा विवादों से रहता है जिनका नाता - |url=https://www.indiakestar.com/ashwini-upadhyay-biography-in-hindi/ |access-date=2022-02-28 |language=en-US}}
References
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Category:Bharatiya Janata Party politicians from Delhi