Unit II Indian Constitutional Guarantee on Human Rights

Unit IIIndian Constitutional Guarantee on Human Rights

Fundamental RightsFundamental Rights - MeaningBasic human freedoms which every Indian citizen has the right to enjoy for a proper and harmonious development of personalityFundamental Rights Part III of the Indian ConstitutionFundamental Rights Part III of the Indian Constitution'Part III - Fundamental Rights' is a Charter of Rights Bill of Rights - a list of the most important rights of the citizens of a country) Fundamental Rights - ExamplesEquality before LawFreedom of Speech and ExpressionPeaceful AssemblyFreedom to Practice ReligionRight to Constitutional Remedies for the Protection of Civil Rights Violation of these rights result in punishments as prescribed in the Indian Penal Code, subject to discretion of the judiciary. Habeas Corpusit is a writ (legal action) which requires a person under arrest to be brought before a judge or into court.

This ensures that a prisoner can be released from unlawful detentionThe Seven Fundamental Rights Recognized By the Indian Constitution1) Right To Equality

1) Right To EqualityEquality before law, Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth, Equality of opportunity in matters of employment,Abolition of untouchability Abolition of titles.2) Right To Freedom

2) Right To Freedom Speech and expressionAssemblyAssociation or union or cooperatives, movementResidenceRight to practice any profession or occupationRight to life and liberty Right to education3. Right Against Exploitation

3. Right Against ExploitationProhibiting all forms of forced labour, Child labourTraffic in human beings4) Right To Freedom of Religion

4) Right To Freedom of ReligionFree profession practicePropagation of religionFreedom to manage religious affairsFreedom from certain taxes Freedom from religious instructions in certain educational institutes.5) Cultural And Educational Rights

5) Cultural And Educational RightsFreedom to conserve their culture language or script

Right of minorities to establish and administer educational institutions of their choice.

6) Right to constitutional remedies for enforcement of Fundamental Rights.

7) Right to education which ensures that children up to the age of 14 get education. It can also be free of cost.Directive principles part IV of the constitution The Directive Principles of State Policy

Guidelines to the central and state governments of India

To be kept in mind while framing laws and policies.

They are not legally enforceable

Object of the Directive Principles of State Policy1. Welfare State2. Social Revolution3. Emphasizes the ideals of Preamble

The Criminal Procedure Code, 1973

The main legislation on procedure for administration of substantive criminal law in India.

approved in 1973 came into force on 1 April, 1974.

It provides the machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused person and the determination of punishment of the guilty. The Act consists of 484 sections, 2 schedules and 56 forms.

The sections are divided into 38 chapters.

Classification of Offences under the Code1. Cognizable and Non-cognizable OffencesCognizable Those offences for which a police officer may arrest without court mandated warrant in accordance with the first schedule of the code.

Non-cognizable Offences Non-cognizable cases the police officer may arrest only after being duly authorized by a warrant.2. Summons case and warrant caseSummons case A magistrate taking cognizance of an offence is to issue summons for the attendance of the accused if the case is a summons case.

warrant case If the case appears to be a warrant case, he may issue a warrant or a summons as he sees fit.

3. Bailable and Non-BailableBailable Bailable offences are offences listed under the First Schedule

Non-Bailable All other offences are non-bailableFunctionaries under the codeThe Protection of Civil Rights Act, 1955What is Civil Rights?Any right accumulate to a person by reason of the abolition of untouchability by article 17 of the constitution.Importance of this ActThis Act prescribes punishments for enforcing religious disabilities on the ground of untouchability

The Central Government has been empowered for the implementation of the Act

Example: preventing any person from entering any place of public worship which is open to other persons professing the same religion or any section of the religion. Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989

Enacted by the parliament of India to prevent atrocities against SC & ST people

popularly known as POA, the SC/ST Act, the Prevention of Atrocities Act, or simply the Atrocities Act.Objectives of the Act Aims that the government to deliver justice to SC and ST communities Salient FeaturesDivided into three different categoriesProvisions of criminal law - establishes criminal liability for defined atrocities

Provisions for relief and compensation

Provisions that establish special authorities for the implementation and monitoring of the actInternational Covenant on Civil and Political Rights (ICCPR)

It is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from March 23, 1976. It commits its parties to respect the civil and political rights of individualsThe ICCPR is part of the International Bill of Human Rights, along with the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Universal Declaration of Human Rights (UDHR).