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A writ petition has been filed before the Supreme Court by the All India Loktantra Senani Joint Action Committee urging that the 1975 emergency was unconstitutional and also prayed that the persons who were detained illegally during the Emergency be declared as “Freedom Fighters.” In December 2020, the Supreme Court had agreed to examine the constitutionality of the 1975 Emergency and if it was feasible to decide this issue after 45 years of proclamation of Emergency.
The Committee that filed the petition claims to be an umbrella organization with several organizations of victims of the Emergency period set across the country. The committee has been working on the forefront to ensure welfare to the victims and made several representations at the State and the Central level to make sure that the “Loktantra Senanis” are provided with the status and recognition they deserve.
It was also submitted that various states including Punjab, Haryana, Bihar, Uttar Pradesh, etc. have provided these victims with pensions, travel allowances, medical aids, etc. They were even honored for displaying such strength and courage during such a difficult time. However, it was also submitted that these allowances were not consistent but were intermittent and depended on the ruling party of the state. They were sometimes taken away altogether due to politics and as per their convenience.
It was further stated in the application that many High Courts recognized their plight and held how it was the social and moral responsibility of the State to look after and honor such people who suffered in such movements. It also contended that an estimated number of 50,000 survivors are still suffering physically or psychologically due to the losses that occurred during the emergency. Most victims have still not recovered from the trauma due to atrocities inflicted during the 1975 Emergency.
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