Monday, August 24, 2015

FUNDAMENTAL RIGHTS

ARTICLE 14:EQUALITY BEFORE LAW AND EQUAL PROTECTION OF LAW.
THE TERM EQUALITY BEFORE LAW IS TAKEN FROM BRITISH CONSTITUTION AND EQUAL PROTECTION OF LAW HAS BEEN TAKEN FROM AMERICAN CONSTITUTION.
THE FIRST CONCEPT EQUALITY BEFORE LAW IS NOTHING BUT THERE IS NO ONE ABOVE THE LAW.
AND EQUAL PROTECTION OF LAW IS NOTHING BUT THE LAW SHOULD BE APPLIED IN THE SAME WAY BETWEEN TWO PERSON IF SITUATION IS SAME.
EQUALITY BEFORE LAW IS NOTHING BUT THE RULE OF LAW PROPOUNDED BY AV DICEY.
EXCEPTION:
THE PRESIDENT AND GOVERNER IS NOT ANSWERABLE TO ANY COURT FOR HIS DECISION AND USE OF POWER.
THE PRESIDENT AND GOVERNER CANNOT HAVE A CRIMINAL PROCEEDING DURING HIS TENURE OF OFFICE.
IF A PERSON HAS REPORTED SOME TRUE NEWS,THEN HE IS NOT ANSWERABLE TO ANY COURT.
NO MEMBER OF PARLIAMENT IS ANSWERABLE TO ANY COURT,FOR HIS VOTE FOR SOME BILL.
NO MEMBER OF LEGISLATIVE ASSEMBLY IS ANSWERABLE TO ANY COURT FOR HIS VOTE FOR ANY BILL.
FOREIGN RULER,DIPLOMAT AND AMBASSADOR ENJOY SPECIAL IMMUNITY.

ARICLE 15::NO DISCRIMINATION CAN BE MADE TO CITIZEN OF INDIA ON BASIS OF ONLY:CASTE,SEX,RELIGION,RACE AND PLACE OF BIRTH.
THIS ARTICLE OF RIGHT OF EQUAITY HAS PROVIDED THE SPCIAL ACCESS OF ALL THE PERSON TO RESTRAU,SHOPS,WELL,TANK,PLACE OF PUBLIC ENTERTAINMENT.
THERE ARE THREE EXCEPTION ALSO IN THIS RIGHT OF EQUALITY.
1) THE  STATE IS PERMITTED TO MAKE ANY SPECIAL PROVISION TO WOMENS AND CHILDREN.
2)THE STATE CAN MAKE ANY SPECIAL PROVISION FOR UPLIFTMENT OF SOCIALLY BACKWARD PERSON,SCHEDULE CASTE AND SCHEDULE TRIBE IN PUBLIC INSTITUTION
THIS INVOLVE RESERVATION ETC.
3)THE STATE CAN MAKE ANY SPECIAL PROVISION FOR UPLIFTMENT OF SOCIALLY BACKWARD PERSON OR SCHEDULE TRIBE AND SCHEDULE CASTE FOR ENTRANCE IN PRIVATE INSTITUTION.

ARTICLE 16::
NO CITIZEN OF INDIA SHOULD BE DISCRITMINATED FOR THE JOB OF PUBLIC SECTOR ON THE GROUND ONLY OF CASTE,SEX,RELIGION,RACE AND PLACE OF BIRTH.
EXCEPTION:THERE ARE CERTAIN EXCEPTION ALSO.
1) THE PLACE OF RESIDENCE OF EMPLOYMENT IS ONLY APPLICABLE IN ANDHRA PRADESH.
2)THE STATE CAN MAKE SPECIAL PROVISION TO MAKE THE BACKWARD CLASS MEMBER OR THE PERSON IN THE SOCIETY WHO WERE ALWAYS NEGLECTED TO PROVIDE RESERVATION IN THE GOVERNMENT JOB.

ARTICLE 17::
THIS ARTICLE HAS DEALT WITH UNTOUCHABILITY ABOLITION.

ARTICLE 18::

THIS ARTICLE HAS BEEN DEALING WITH THE ABOLITION OF TITLES.

ARTICLE 19::
THIS ARTICLE HAS BEEN DEALING WITH ALL THE FUNDAMENTAL RIGHTS.
FEW FUNDAMENTAL RIGHTS HAS BEEN....FREEDOM OF EXPRESSION AND SPEECH,FREEDOM TO MOVE ANYWHERE IN THE COUNTRY,FREEDOM OF RESIDE IN ANY PART OF THE COUNTRY,FREEDOM OF MAKING ANY PARTY,FREEDOM OF MAKING ANY UNION OR ASSOCIATION,FREEDOM TO ASSEMBLE PEACEFUL ALSO THE FREEDOM OF PROFESSION.

ARTICLE 20::
THIS ARTICLE HAS BEEN DEALING WITH THE PROTECTION IN CONVICTION FOR OFFENCE.THIS ARTICLE SAYS NOBODY SHOULD BE ARRESTED FOR THE ANYTHING OTHER THAN BREAKING THE LAW.
NOBODY SHOULD BE PUNISHED TWICE FOR THE SAME OFFENCE,NOBODY SHOULD BE GIVEN THE PUNISHMENT GREATER THAN THE LAW PRESCRIBED.

ARTICLE 21::
THIS ARTICLE HAS BEEN DEALING WITH THE FACT THAT FREEDOM OF LIFE AND PRIVACY.
EACH AND EVERY CITIZEN HAS THE RIGHT TO LIVE WITH RESPECT IN THIS SOCIETY.
NO ONE CAN TAKE THE LIFE OF ANYONE EXCEPT THE FACT THAT DUE PROCESS OF LAW HAS BEEN COMPLETED.

ARTICLE 21A::RIGHT TO EDUCATION.
THIS ARTICLE HAS BEEN A DIRECTIVE PRINCIPLE IN THE CONSTITUTION.
BUT BY 86th AMENDMENT OF THE CONSTITUTION,THIS HAS BEEN MADE AS THE FUNDAMENTAL RIGHT FOR THE CHILDREN TILL THE AGE OF 14 YEARS.
THIS HAS BEEN SAID IN THE ARTICLE 45 OF THE CONSTITUTION.
BUT THAT WAS THE DIRECTIVE PRINCIPLE OF THE CONSTITUTION.
THIS HAS BEEN SAID THAT EACH AND EVERY CITIZEN HAS THE DUTY TO TEACH THEIR CHILDREN COMPULSORY AND FUNDAMENTAL EDUCATION TILL THE AGE OF 14 YEARS.
THIS HAS BEEN SAID THAT ITS A DUTY OF THE STATE TO TEACH THEIR CHILDREN IN THE STATE TO HAVE A COMPULSORY EDUCATION TILL THE AGE OF 14 YEARS.
DUE TO ALL THIS RIGHT TO EDUCATION HAS BEEN INTRODUCED IN THE YEAR 2009,HENCE ITS A COMPULSORY MATTER FOR ALL THE CITIZEN IN THE STATE TO HAVE THEIR CHILDREN FREE EDUCATION.

 ARTICLE 22::
RIGHT AGAINST ARREST AND DETENTION
THIS HAS BEEN DEALING WITH THE ARREST OF THE CITIZEN AND THEIR DETENTION.
THEIR ARE TWO TYPE OF DETENTION WHICH ARE PUNITIVE DETENTION AND PREVENTIVE DETENTION.
PUNITIVE PUNISHMENT HAS BEEN SAID THAT THE DETENTION THAT HAS BEEN MADE AFTER THE CRIME HAS BEEN MADE.
IN THE PUNITIVE DETENTION,VARIOUS CLAUSE HAS BEEN MADE,WHICH WERE 
IN THIS TYPE OF DETENTION,THE PERSON HAS TO BE INFORMED FOR THE REASON OF HIS/HER ARREST,
HE SHOULD BE PROVIDED WITH THE LEGAL PROCEDURE.
TO BE PRODUCED BEFORE THE MAGISTRATE WITHIN 24 HOURS OF HIS ARREST AND IF MAGISTRATE HAS SAID THAT HE SHOULD BE RELEASED,THEN WITHIN 24 HOURS,HE SHOULD BE RELEASED.

IN THE PREVENTIVE DETENTION,THE PERSON WHO IS DETAINED IS DETAINED THAT THE CRIME HE IS GOING TO COMMIT SHOULD BE STOP.
THE CLAUSE WHICH WERE ADDED IN PREVENTIVE DETENTION,WERE HE SHOULD BE DETAINED FOR 3 MONTHS UNTIL AND UNLESS MAGISTRATE AND COURT SHOULD SAYS THAT HE SHOULD BE DETAINED FURTHER.
THE REASON FOR HIS DETENTION SHOULD BE EXPLAINED IN DETAIL TO THE CULPRIT.
IN INDIA,VARIOUS LAWS HAS BEEN MADE FOR THE PREVENTIVE DETENTION.

ARTICLE 23::
PREVENTION OF HUMAN TRACFICING AND CHILD LABOUR
THIS ARTICLE DEAL WITH THE FACT THAT ANY KIND OF SELLING OF HUMAN BEING IS PROHIBITED IN INDIA.
ANY TYPE OF DEVDASIS PRATHA IS PROHIBITED IN INDIA.
ALSO PROSTITUTION IS ALSO BANNED IN INDIA.
ANY TYPE OF BEGGING IS BANNED IN INDIA.
ALSO,CHILD BEGGING IS PROHIBITED AND COMPELLING THEM TO BEG IS ALSO A CRIME.
ALSO PARLIAMENT HAS MADE A LAW NAMED IMMORAL TRAFFIC ACT 1956.

ARTICLE 24::
THIS ARTICLE DEAL WITH PROHIBITION OF CHILD IN FACTORIES.
IT STATED THAT NO KIND OF EMPLOYMENT SHOULD BE GIVEN TO CHILDREN UNDER THE AGE OF 14 IN MINES,FACTORIES AND OTHER HAZARDOUS CONDITION.
CHILD LABOUR PROTECTION ACT 1986 IS ONE OF THE ACT THAT HAS PROVED TO BE THE MILESTONE FOR THE CHILDREN PROTECTION.
 IN ADDITION TO THIS,VARIOUS OTHER LAW HAS ALSO BEEN ENACTED TO PROTECT THE CHILDREN TO WORK IN ANY OF THE HAZARDOUS CONDITION.
IN 1996,SUPREME COURT HAS SAID TO ENACT A CHILD WELFARE REHABILIATION CENTER,THIS WILL HELP THE EXISTING CHILD LABOUR TO REHABILIATE.
THIS ACT SAYS THAT THE EMPLOYER WILL HAVE TO PAY THE AMOUNT OF 20000 FOR EACH CHILD THAT HE HAS EMPLOYED.
THERE WAS ALSO A COMMISSION TO CHILD PROTECTION ACT  2005.
CHILD LABOUR PROTECTION ACT 1986 WAS CHANGED TO CHILD AND ADOLSENT ACT,BY WHICH GIVING THE 1986 ACT MORE TEETH,S0 THAT MORE AND MORE STRICTNESS SHOULD BE INTRODUCED IN SOCIETY AGAINST CHILD LABOUR.

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