Monday, October 5, 2009

Jawaharlal Nehru signing the Constitution of I...Image via Wikipedia

Economic and social rights

The cultural and educational rights—given in Articles 29 and 30—are measures to protect the rights of ethnic and religious minorities. Any community that has a language and a script of its own has the right to conserve and develop them.No citizen can be discriminated against for admission in State or State-aided institutions.All religious and ethno-linguistic communities can set up their own educational institutions in order to preserve and develop their own culture.In granting aid to institutions, the State cannot discriminate against any institution on the basis of the fact that it is administered by a minority institution.right to life and personal liberty by the 86th constitutional amendment of 2002.[21]The Right against exploitation, given in Articles 23 and 24 provides for the abolition of human trafficking,[22][23] Child labour is considered a violation of the spirit and provisions of the constitution. Begar (forced and unfree labour), practised in the past by landlords, has been declared a crime punishable by law. Trafficking in humans for the purpose of slave trade or prostitution is prohibited by law. An exception is made in employment without payment for services for public purposes, such as compulsory military conscription.court of law to appeal against denial of the Fundamental Rights. For instance, in case of imprisonment, the person can ask the court to see if it is in accordance with the provisions of the law of the country. If the court finds that it is not, the person will be released from custody. This procedure of asking the courts to preserve or safeguard the citizens' Fundamental Rights can be done in various ways. The courts can issue writs, namely habeas corpus, mandamus, prohibition, quo warranto and certiorari.[24] When a national or state emergency is declared, this right is suspended by the central government. The Right to property was a former Fundamental Right under Article 32 before it was revoked by the 44th Amendment Act of 1978.[25] A new article, Article 300-A,[26] was added to the constitution which provided that no person shall be deprived of his property, except by the authority of law. If a legislature makes a law depriving a person of his property, there would be no obligation on the part of the State to pay any compensation. The aggrieved person will have no right to move the court under Article 32. The right to property is no longer a fundamental right, though it is still a constitutional right. If the government appears to have acted unfairly, the action can be challenged in a court of law..

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