Topic

Rights

Fundamental Rights are Supreme: Article 8

Any law or custom or usage having force of law inconsistent with Fundamental Rights shall be void.

Right to Life & Liberty:                     Articles 9, 10, 12 & 13

No Person can be deprived of life or liberty, save in accordance with law on arrest or detention in custody, person is to be told grounds for such action & has the right to consult and be defended by legal practitioner of his/her choice.

Arrested person is to be produced before the magistrate within 24 hours of arrest; any detention beyond this period without the Magistrate’s authority is illegal. (Exceptions: people taken into preventive detention. However, there is also a specified procedure for such detention.)

A person cannot be punished for an act which was legally not a crime at the time of its occurrence. No punishment other than that prescribed in law at the time of occurrence for one crime/offence the accused cannot be punished twice the accused cannot be forced to give witness against herself/himself.

Prohibition of Slavery & Forced Labour:                               Article 11

Slavery, all forms of forced labour and trafficking of human beings are prohibited

No child under 14 can work in a factory or a mine or any other hazardous employment. (Exceptions: prisoners and any duty for public service required by law. But compulsory service cannot be cruel or incompatible with human dignity).

Dignity of Man an Privacy of Home:                               Article 14

Guarantees privacy of home and forbids torture for the purbpose of extraction of evidence.

Police or any other state agency can enter a home only after obtaining lawful authority (in writing, naming person & purpose of entry- e.g, arrest or recovery of stolen goods.)

Basic Freedoms:

Article 15, 16, 17, 18 & 19

Every citizen has the right to believe, practice and propagate their religion.

Every religious denomination/sect has the right to establish, maintain and manage its religious institutions.

No person can be compelled to pay any special tax to be spent on the propagation or maintenance of a particular religion or religious institution other than his/her own.

No person attending any educational institution can be required to attend religious ceremonies, worship or receive education of a religion other than his/her own.

No discrimination against any community in grant of tax exemption or concessions for religious institutions.

No discrimination in admission to educational institutions receiving public funds on grounds of race, religion, caste or place of birth. (Exceptions: quota system is permissible for advancement of any socially or educationally backward class of citizens)

Property Rights:                              Article 23 & 24

Every citizen is allowed to own, sell his/her property in any part of the country.

No person can be deprived of her/his property compulsorily. If property, land is needed in public interest, then the government has to give reasonable compensation to the owner.

Guarantees of Equality & Non-Discrimination;                               Articles 25, 26, & 27

All citizens are equal before law and are entitled to equal protection of law.

There shall be no discrimination on the basis of sex alone. (Exceptions: the state can make special provisions for the protection of women and children)

No discrimination on any basis in access to public places, except those specifically reserved for religious purposes (Exceptions: the state can make special provisions for women and children)

No person otherwise qualified can be discriminated against in the matter of employment on the basis of race, religion, caste, sex, residence or place of birth. (Exceptions: specific services can be reserved for members of either sex if such posts/services require duties which cannot be adequately performed by the members of other sex, e.g. Lady Health Visitor)

Preservation of Culture:                  Article 28

Citizens have a right to preserve their language, script and culture.

Article 32

Special representation shall be given to women in local government institutions (i.e., local bodies).

Article 34

Steps shall be taken to ensure full participation of women in all spheares of national life.

Article 35

The state shall protect marriage, the family, the mother and the child.

Article 37 (e)

Make sure women are not employed in vacations unsuited to their sex, and that working women get maternity benefits.

Article 38 (a)

Secure well-being of the people, irrespective of sex.

Article 38 (d)

Provide basic necessitates of life, irrespective of sex.