Enforcement of 37. protective provisions (1) If any person alleges that any of the provisions of section 18 to 33 or section 36 (5) of this Chapter has been, is being or is likely to be contravened in relation to himself or herself by any person he or she may apply to the High Court for redress. (2) An application may be made under this section in the case of a person who is detained by some other person acting on the detained person’s behalf. (3) An application under this section shall be without prejudice to any other action with respect to the same matter which is lawfully available. (4) If in any proceedings in any court subordinate to the High court any question arises as to the contravention of any of the provisions of the said sections 18 to 33 or section 36(5), that court may, and shall if any party so requests, refer the question to the High Court, unless, in the opinion of the subordinate court, the raising of the question is merely frivolous or vexatious. (5) The High court shall(a) (b) hear and determine any application made by any person pursuant to subsection (1) or (2); determine any question arising in the case of any person which is referred to it in pursuance of subsection (4); and may, in addition to the powers conferred on it by section 5 (which relates to defense of the Constitution) make such order, issue such writ, and give such directions as it may consider appropriate for the purposes of enforcing or securing the enforcement of any of the provisions of the sections 18 to 33 or section 36(5) to the protection of which the person concerned is entitled. Provided that the High court may decline to exercise its powers under this subsection if it is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned under any other law.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents