08 the Constitution and the Fundamental Rights and Duties (Part I)

7/30/2019 08 the Constitution and the Fundamental Rights and Duties (Part I)

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THE CONSTITUTION (PART I) 83

THE CONSTITUTION

ANDFUNDAMENTAL RIGHTS AND DUTIES

(PART 1)

The Constituent Assem bly

The history chapters tell us about

Indias struggle for freedom and

how d i f f e r en t g roups were

protesting against British rule.

They wanted the British to leave

India. T hey wanted India to be a

free country.

Wha t were the grievances that

the Indians had about the wa ythey were ruled under the BritishSystem of Administration?

Along with this struggle for freedom there was

anot her qu estion discussed b y people involved in

the Freedom M ovement . Th is was: W hat shou ld

be th e form of governmen t after th e British leave?

Should we go back to the rule of the kings, as

some of our old rulers are suggesting?

While most people agreed that we should have

our own rule, people had d ifferent op inions about

what kind of government we shou ld have. Some

people thought that most of the powers should

be with t he Panchayats. O thers believed t hat t he

Prime Minister or President should have more

power. Should we have elections? Should we have

the same rules for everyone? H ow should we collect

taxes? W hat kind of life do we want for everyone

in the country?

In order to decide on such q uestions and visualise

the future of our country, a group of people, calledth e Con stituent Assembly was elected. Its task was

to write the Constitution the document that

gives the basic laws and principles by which the

country will be governed. The Constituent

Assembly had 299 members from all parts of the

coun try. T hey held long discussions on every point

that was to be put in the Constitution. These

discussion s went on for th ree years.

A t the s t roke o f the midn igh t hour , when the wor ld s leeps , Ind ia w i l la w a k e t o l i f e an d f r e e d o m. T h i s w a s h o w Ja w a h a r l al N e h ruaddressed the midn igh t sess ion o f the Cons t i tuen t Assemb ly in De lh ion the n igh t o f 14 th Augus t 1947 .

CHAPTER 8


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Gandhi who is the main exponent of untouchability, has

used it in various ways and on different occasions with differ-

ent meanings. So when we are going to use the word un-

touchability, we should be very clear in our mind as to what

we really mean by it. What is the real implication of this

word?

I think we should make no distinction between untouchabil-

ity and caste distinction, because as Mr.Thakur has said,

untouchability is merely a symptom, the root cause is caste

distinction and unless and until the root cause, that is caste

distinction is removed, untouchability in some form or other

is bound to exist and when we are going to have an indepen-

dent India, we should expect everyone to be enjoying equal

social conditions.

Srijut Rohini Kumar Chaudhury: ...[For] defining untouch-

ability, it may be clearly stated that:Untouchability means

any act committed in exercise of discrimination on grounds of

religion, caste or lawful vocation of life . . .

M r. K. Munshi: Sir, I oppose this amendment. The defini-

tion is so worded that if it is accepted,. it will make any

discrimination even on the ground of place of birth or caste

or even sexuntouchability.

M r. Dhirendra Nath Datta : Sir, it seems to me that whetherthe definition suggested by Mr. Rohini Kumar Chaudhury is

accepted or not, it is necessary that there should be some

definition put in. Here it is said thatuntouchabilityin any

form is an offence. A magistrate or a judge dealing with of-

fences shall have to look to the definition. One magistrate will

consider a particular thing to be untouchability, while another

magistrate may hold a different thing to be untouchability,

with the result there will be no uniformity on the part of the

magistracy in dealing with offences. It will be very difficult

for the judge to decide cases.

Moreover, untouchability means different things in different

areas. In Bengal, untouchability means one thing, while in

other provinces, it means an entirely different thing.

M r. President: I should like to draw the attention of the

House to clause 24 which says ...[that the] Union Legislature

shall make laws to give effect to those

provisions of this part which require

such legislation. . . [Therefore,] I take it

that the Union legislature will define the

worduntouchabilityso that the courts

might prescribe proper punishment.

[Eventually it was decided to leave the

definition of untouchibility up to future

law makers .]

CONSTITUENT ASSEMBLY OF INDIA VOLUME-IIITuesday, the 29th April, 1947

The Constituent Assembly of India met in the Constitution Hall, New Delhi, at half past Eight of the Clock,

Mr. President (The Honble Dr. Rajendra Prasad) in the Chair.

The Honble Sardar Vallabhbhai Patel: ...There were two

schools of thought in the Committee and there was a large

number of very eminent lawyers who could scrutinise every

word of every sentence, even commas and semi-colons, from

a very critical point of view.These two schools viewed the

matter from two different angles. One school considered it

advisable to include as many rights as possible in this Report-

rights which could straightaway be enforceable in a court of

law, rights in regard to which a citizen may without difficulty

go straightaway to a court of law and get his rights enforced.

The other school of thought considered it advisable to restrict

fundamental rights to a few very essential things that may be

considered fundamental. Between the two schools there was

considerable amount of discussion and finally a mean was

drawn, which was considered to be a very good mean. . . . the

two schools of thought . . . studied not the fundamental rights

of one country alone but of almost every country in the W orld.

They studied all the Constitutions of the world and they

came to the conclusion that in this Report we should include

as far as possible rights which may be considered to be rea-

sonable. On that there may be difference of opinion in this

House and this House is entitled to consider every clause

from a critical point of view and to suggest alterations, modi-

fications or omissions...

What does the word Fundamental mean?

Outline some of the ways by which the makers of the

Constitution decided upon the rights that were to be in-

cluded in the constitution?

... the debate continues...

M r. Promatha Ranjan Thakur: Sir, ... [A] point to which I

wish to refer is in relation to clause 6 regardinguntouchabil-

itywhere it is said that-

Untouchability in any form is abolished and the imposition

of any disability only on that account shall be an offence.

I do not understand how you can abolish untouchability with-

out abolishing the very caste system. Untouchability is noth-ing but the symptom of the disease, namely, the caste sys-

tem.... Unless we can do away with the caste system alto-

gether there is no use tinkering with the problem of untouch-

ability superficially.

S. C. Banerjee: Mr. President, the word untouchability

actually requires clarification. W e have been accustomed to

this word for the last 25 years, still there is a lot of confusion

as to what it connotes. Sometimes it means merely taking a

glass of water and sometimes it has been used in the sense of

admission of Harijans into temples, sometimes it meant

inter-caste dinner, sometimes inter-caste marriage. Mahatma

ForExtraReading atH ome...

Wouldyouliketofindouthowthepeoplein theConstituentAssem

blydecidedwhatthe

Constitutionshouldsay?Andwhyittooksolong?Youcangetanide

aoftheirdiscussions

fromthefollowing.AcommitteehadsubmittedaReportonFundam

entalRightsandthis

discussiontookplaceafterthat.

Rajendra Prasad

Sardar Patel


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Finally, th e Con stitut ion was adopt ed by mem -

bers of the Constituent Assembly on behalf of

all the people of India.

A b o v e i s t h e P r e a m b l e ( i n t r o d u c -t i o n ) t o t h e C o n st i tu t i o n . D o n tw o r r y i f y o u d o n t u n d er st an d a l lthe d i f f i cu l t w ords in the Preamb le .W e w i l l d i scuss som e o f them la ter.The words in boxes were added in1 9 7 6 .

Republic D ay

The Constitution came

into force on 2 6 January

1950, which has been

celebrated as Republic

D ay ever since.

Ja w a h a r l a l N e h ru si g n i n g t h e C o n st i t u t i o n

T he Constitution of India

T he Constitu tion d escribes how In dia is divided

into States and Union Territories. There aregovernment s at bo th levels. O ne at th e Cent re

(D elhi) for th e entire country and the oth er in

each State or Un ion Territory for that particu lar

state or Un ion Territory.

This was done because the members of the

Con stituent Assembly felt that Ind ia was a large

count ry and one government at the cent re would

not be able to solve the problems and look after

the interests of all the people and the different

regions.

The Constitution, therefore, also provides

specific powers for the governm ent at th e Centre

and at th e State level. You can read abou t this

l a t e r o n i n t h e c h a p t e r o n t h e C e n t r a l

Government.


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86 THE CONSTITUTION (PART I)

demos (people) + kratos (rule) =democracy, meaning rule by th e people.

In a democracy, people shou ld participate in t he

making and changing of government s. T hus, every

adult has the same power to vote. Whether a person

is rich or poor or belongs to a particular social

background does not matter . The Freedom

M ovement had h ighlighted the idea that all people

are equal.

The Constitution is to be followed by all the

people of India. In a democracy no individual

should be considered to be above the law, no

matter how high or important that person is.

T herefore wheth er it is th e Prime M inister, Chief

Justice, Presiden t o r any ot her h igh official, th ey

all have to follow the laws. T hey also have to m akesure that these laws are followed by all. The

Constitution tells in detail how these officials

shou ld fun ction.

T he C onstitution lays down the guidelines for all

laws made by the C entral and State governm ents.

All laws must be in line with t he C onstitution.

O ur C onstitution is very long. It has 395 Articles,

divided into 22 Parts. It has parts that discuss

Fund amental Rights and D uties,

th e Jud iciary (court s), election s,citizenship, official languages,

finance and trade, etc. It also

descr ibes how the

Constitution itself can be

changed.

Universal Adult Franchise

Franchise means th e right to vote.

Universal means that this right

applies to all adu lts in all of India.

Thus, the Constitution states that governments

in Ind ia are to be formed th rough election s. T hese

elections are based on the principle ofuniversal

adult franch ise. All elections in Ind ia for forming

governments at any level have to follow this

p r i n c i p l e ,

s ince i t i sstated in th e

Constitution.

D r . B . R . A mb e d k a r p l a y e d a ma jo rr o l e i n w r i t i n g t h e C o n s t i t u t i o n . H ew a s t h e C h a i rma n o f t h e c o mmi t t e eo f e i g h t p e o p l e w h o w r o t e t h e f i r s t

d r a f t o f t h e C o n s t i t u t i o n . T h e y

presented th is draf t to the Const i tuentA s s e m b l y f o r d i s c u s s i o n a n dm o d i f i c a t i o n . I n t h i s p h o t o D r .A m b e d k a r i s s e e n w i t h a g r o u p o f

d a l i t w o m e n a n d c h i l d r e n .


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FUNDFUNDFUNDFUNDFUNDAMENTAMENTAMENTAMENTAMENTAL RIGHTSAL RIGHTSAL RIGHTSAL RIGHTSAL RIGHTST he th ird part of the C onstitution is very important because it states our Fu nd amental Rights. It

is th e respon sibility of the governm ent to m ake sure th at n o on es Fun dam ental Right s are violated.

If you feel that someone or some organisation (or the government) has

violated your Fu nd amental Rights, then you can file a case against the

government in th e H igh C ourt or Supreme Co urt. You can charge

the governm ent with failing to protect your Fun dament al Rights.

T hese right s form t he basis for man y laws. Sometim es someon e feels

that a law has been passed by th e Cent ral or State G overnm ent t hat

is in violation of the Fundamental Rights stated in theConstitu tion . S/he can th en file a case against the governm ent

in the H igh C ourt or th e Supreme Court. Th e courts must

then decide whether or not the law is according to the

Constitution.

The Constitution has divided Fundamental Rights into six

sections. Let us study each one of them.

Last year we r ead about th e St at e

Governmentand theJudiciary.Nowwewilllearn

aboutourFundamentalRightsandDuties.

1. Right to EqualityT he C onstitution says that the governm ent shall

no t den y to any person equality before th e law or

equal protection of the laws. T his means that th e

laws apply in the same manner to all, regardless

of a persons incom e, status, backgroun d etc.

For example, if some official is found guilty of a

crime then he or she should be given the same

punishment as applies to any other person. No

one can claim special treatment because of his or

her class or background.

The Constitution also says that we should not

show any pre f e r ence or t r ea t some one

un favourably because of religion , race, caste, sex

or place of birth. It also specifies that no one

should be stopped from using public places such

as ho tels, shops, film halls, pub lic wells, tan ks and

bath ing ghats or stopp ed from o ffering prayers in

a place of pu blic worship.

Thus, people of any one religion have the same

rights as th e people of any oth er religion.

N O T E :

In t h e f o l l o w in g p a g e s ,the ph rases in qu otes areg iven in the same wordsas in the Cons t i tu t ion .

T h e S u p re me C o u r t ( i n N e w D e lh i ) .

Everyone is equa l be fo re the law.


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Reservation

Why does the Const i tut ion t ry to prevent

discrimination on the basis of caste? Because

peoples abilities and merits are not determined

by th eir caste. A baby born in a dalit family is no

different from a baby born in any other family.

Both children should therefore have an equaloppor tun ity to lead a good life. T he C onstitution

guarantees this right.

H owever, even m any years after the Co nstitu tion

had guaranteed this right, there is still a lot of

discrimination based on caste. For example, mo st

dalit children are not able to get an education.

D A L I T SI t i s necessary to id en t i fy w h ic h cas tes andt r ibes a re d isc r im ina ted aga ins t so tha t the i rr igh ts can be de fended . The Cons t i tu t ionre fe rs to these g roups (w hom w e usua l l y c a l ld alits) as Schedu led Cas tes and Schedu ledTr ibes (SC/ST). Schedu le m eans l i st .

Get t ing a Job

M anoha rlals s on recent ly cleared his B.Teche xa m i na t i on f r o m K ur u k s h e t r a R e g io n a lEngineering College and st ood 6 t h in his college.

M a n y l a r g e c o m p u t e rcompanies came t o h isc o l l e g e f o r c a mp u sint erviews and he appliedfor many jobs. However, he

was not selectedfor any job. On

t h e o t h e r

h a n d , h i sc l a s s -m a t e sw i t h

l o w e rg r a d e s w e r e

e a s i l y s e le c t e d .M anohar lal looked at h is s ons bio-dat a. I tshowed an excellent record. Aft er some t hought ,he advised his s on t o remove t he ment ion of hisscheduled caste s ta tus . H is son made thec h a n ge a n d s e n t h is a p p lic a t io n t o m o r e

companies. This t ime ma ny of t he compa niest hat int erviewed him offered a job!

Thefollowingisanactualexample of the widespreaddiscrimin ation that dalitstudentsface.

Wha t kinds of rights to equa lity does theConstitution ensure ? Give examples. What doesthe Preamb le to the Constitution say aboutequality?

Discuss whether you th ink each of the followingis a violation of the Fundam ental Right toEquality. Also discuss whether you think it is rightor wrong to do such th ings.

In some hom es separa te utensils are kept tobe used by people of certain communities.

While filling wa ter from a public source somepeople object if the vessel of another persontouches their pots.

In some villages particular comm unitiescann ot organise a baraa t procession

through the main streets of the village.

If you want to rent a house, the houseownersare keen to know your caste and religion.

Some comm unities are never provided a placeto live within the village but a lways outside.

In som e schools, certa in children are no tallowed to serve wa ter because they belongto a particular caste.

M embers of some communities do not go tomany places of worship because they fear thatthey will be ill treated or bea ten up.

The Constitution specifies that there should be

equality of opport un ity for all citizens in m atters

relating to employment and that n o one should

be discr iminated against on the grounds of

religion, caste, sex, p lace of birth etc. Th is means,

for example, that girls cannot be denied training

as airplane pilots even thou gh some employer mayfeel that girls are no t suited for the job of pilots.

T he C onstitution clearly states, Un touchability

is abolished and its practice in any form is

forbidden.


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2. Right to Freedom T he C onstitution lists many kinds of things that

we as ind ividuals, are free to do. T his means th at

no one should stop us from having th ese freedom s.

However, along with freedoms there are some

restrictions, i.e. some things that we are notsupposed to do. Let us discuss some of these

freedom s and restrictions.

Freedom of speech and expression

Citizens are free to express their views in many

ways such as through meetings, publications,

plays, pain tin gs etc. H owever, there are som e

restrictions, too. For example, there are laws

forbidding people to publicly tell others to rebel

against the government. Laws also forbid people

to publicly defame others (to publicly say false

and m ean t hings about someon e that will damage

that persons reputation).

Freedom to assemble peacefully and

without arms

People have the right t o come together or assemble

for many reasons such as to hold meetings about

th eir right s, to discuss th eir problems or business

issues, to exchange ideas and share views etc.Everyone a lso has the r ight to car ry out

demonstrations, public meetings and rallies.

H owever, th ere are some restrictions on t his right

for example, any assembly shou ld be cond ucted

in a peaceful manner without the display or use

of arms. Similarly, when ever a dem onstration or a

rally is organised, prior permission from the

admin istration n eeds to be taken.

In order to overcome discrimination on the b asis

of caste, the government has made laws for

reservation of jobs and seats in higher education

to scheduled castes and tribes. For example,

medical colleges must adm it a certain percentage

of stud ents who belong to SC/ ST.

Reservation has been mad e in order to give people

belonging to SC/ ST th e same opportu nities that

oth er people have. Without reservation they would

have almost n o chance of getting certain kind s of

jo bs. T h us, reser vat io n does n ot give people

belonging to SC /ST an advantage over oth ers - it

merely removes a disadvantage.

H owever, the laws for reservation are no t always

enforced. Discrimination has persisted. Even

thou gh 24% of the total population belongs to SC/ST, only 13% of the best jobs in governm ent and

only 2% of all university and college teachers

belong to SC/ ST.

I F WE ARE ABLETO GO TO SCHOOL,WE MAY NOT BETREATED AS WELL ASOTHER STUDENTS,J UST BECAUSE WEARE DALI TS. EVEN I FWE MANAGE TOFI NI SH SCHOOL ANDPOST GRADUATI ON,AND DO WELL I NEXAMS, WE DONTGET AS HI GH PAYI NG

J OBS AS OTHERS.

A p e a c e fu l r a l l y o f p e o p le d e ma n d in g t h e r i g h tto be rehab i l i ta ted be fo re be ing d isp laced f romthe i r v i l l ages due to the cons t ruc t ion o f a dam.


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Freedom to move freely throughout

the territory of India

Citizens are free to m ove in any part of the coun try.

H owever, th e governmen t m ay impose som e

restrictions. For example, in some border areas th e

government thin ks that free movement is posing

problems for the security of the country. In such

a situation restrictions on movement may be

imposed.

Freedom to reside and settle in any

part of the territory of India

Any Indian can reside or seek employmen t in any

part of the country. Let us read an example of a

case related to th is freedom.

Freedom to form associations or unions

People are free to form man y kinds of associations - cultu ral groups,

business associations, trade unions etc. For example, you may

have heard that m any factories have workers un ions. These un ions

hold meetings to discuss their problems. They make

demands to the officers of the factory and at times

may also organise a strike in the factory.T hu s, the un ion protects the rights of the

workers.

In spite of th e right to form associations,

in many factories the employers do not

allow th e workers to do so. In some cases

they make workers sign a bond that they

will not join a union. Workers may also

face the threat of being fired. Since so

many people in our count ry a r e

unem ployed or do not find enough work,no one wou ld like to lose a regular factory

job . H ence man y peop le do not protest

against this loss of freedom.

What about Slum Dwellers?There are m any cit ies like M umba i, Kolkat a, andDelhi where large numbers of people from faroff villages com e in sea rch of jobs. They do notget jobs very ea s ily. They us ually work as da ilywage labourers wherever t hey find work. S incet hey do not find proper places t o st ay, t hey liveon roadside pavement s or places near ra ilway

tracks.

M a n y y e a r s b a c k , t h e M u m b a i M u n i c i p a lCo r po r a t io n t r ie d t o r emo ve s o me 5 0 , 0 0 0people who had been living on t he pavement s. Itbegan t o dest roy t heir shelt ers. In 19 8 2 a casewas fi led in t he Supreme Court against t hisact ion. While t he case was pending, t he peoplecould not be removed.

A n a c t i v i st o f a f arm w o rk e rs u n i o n c a l l e dM a z d o o r K i sa n Sa n g ra m Sa m i t i d e l i v e r i n ga speech in Arwa l , B iha r .

Wha t associations are there in your area?

Why are workers unions formed? What problems

do they face?


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Wha t is the difference between t he role ofthe police and tha t of t he court? Can yourecal l t his discussion from th e Class 7 cha pter on Law - Courts and Justice?

Why is it essentia l tha t a n ar rested per sonbe produced in a court within 2 4 hou rs?

Why do people want to move a nd sett le invar ious part s of the country?

Wha t is the responsibility of the governm ent toworkers who are a ble to find some w ork in thecity but dont ha ve a proper place to live?

If there w ere no slums in cities, how m ight thisaff ect the lives of city dw ellers?

Theslumdwellersshould not beremoved fromtheir homes

until theyaregivenanalternative space tosettle. Alarge

numberof constructionworkerscomefromoutside the

ci ty and provid e labourto bui ld houses. It isthe

responsibilityofthe Municipal Corporation toprovidespace

for peopleto settle. Since nearlyfifty percent ofthe

population of Mumbai livesonunauthorised landthereis

agreatfailureonthepart oftheplanningauthoritiesto

provide adequate and lawfulspaceforpeople.Iftheyare

forciblyremovedfromthepavementsthen it isa violation

oftheir fundamental right offreedomtosettle inany place

inIndia.

In 19 8 5 t he Supreme Court reached a decision,sa ying We hold t hat no person has t he rightt o encroach, by erect ing a st ruct ure or ot herwiseon foot pat hs, pavement s or any ot her placereserved or earmarked for a public purpose.However, it furt her ordered t he government t oma ke provisions for t hose people who had beenliving t here for a long t ime t o be set t led in ad i f f e r e n t p l a c e b e f o r e d e s t r o y in g t h e ir

pavement dwellings.

Here is what the lawyers for the slum dwellersargued:

H o m e s n e x t t o r ai l r o a d t r ac k s i n M u m b a iFreedom to practice any

profession or carry on any

occupat ion,trade or

b u s i n e s s .

All Indian citizens have

the freedom to choose

the type of job

they wish.

N o o n e

should

f o r c e

someone tot a k e u p a

particular job.

Protection against arrest and

detention in certain cases

The police may arrest a person if they think the

person has comm itted a serious crime. H owever, it

is everyones fun dam ental right to know why they

have been arrested and to be produced in court

within 24 hours. It is the duty of the police to inform

th em of the reasons for th eir arrest.


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Protection of l ife and personal

liberty

Every ind ividu al has a right t o live and a right to

be free. T his right is guaranteed in the Con stitution

as a fun dam ental right. It is th e responsibility of

the government to p rotect th e life of all individuals.

W hen there is a threat t o ou r lives, for examp le in

a riot or dacoity, the police have to provide

protection. If the police fail to do so we all have

the right to fight against th is in th e court .

Along with p rotection of life we have the freedom

to live our life as we desire. This is the right to

personal liberty. H owever, according to th e laws,

personal liberty can sometimes be taken away

for example by arresting people, by pu ttin g people

in jails, etc. In extreme cases, even life can be

taken away by a judge awarding a death sent ence

to a person wh o has comm itted mu rder.

This c lass in a rura l school is be ing heldo u t d o o r s b e c a u s e o f a s h o r t a g e o fc lassroom s. D o these ch i ld ren h ave a r igh tto a c lass room?

Right to Education

The Parliament has recent ly passed a new add ition

t o t h e C o n s t i t u t i o n ( a n a m e n d m e n t ) , t h e

fundamental right to education. It has made

education for all children from th e age of 6 to 1 4

a fundamental right. This makes it necessary for

the government to arrange for schools and forparents to see to it that their children attend schools

regularly. Th is right has been add ed because people

feel that all children should h ave the opportunity to

study, learn about the world aroun d th em, acquire

skills to express themselves and make creative

contributions to society, and have more opportun ities

for their future.

Wh at a re the differ ent typ es of schools you

see in your area ? Why do you think thereare such differen t types of schools?

Are there some children who dont go t oschool at all? Why?

Are all schools availa ble to all children?Do a ll children who live around your a rearea l ly have an equa l opportuni ty to be educated in a simila r m an ner? Discuss.


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EXERCISES1. How and w hen was the Constitution written?

2. Wha t does the Constitu tion discuss besides Funda men ta l Rights?

3. Suppose someone ha s built a house by encroaching on land wh ich is a pa rt of a roa d. Can th at

person claim t hat the hou se should no t be destroyed by the municipal corpor at ion because everyonehas a right to settle anywhere in India?

4. Suppose the government got a new w ell dug in a village. If some da lits are stopped from using thiswell, which Fundam ental Rights are being violated?

5. Wha t do you think would happen if the Fundam ental Right to equality was not in the Constitution?

6. A number of years ago some Indian airlines had a rule that a ir hostesses (wom en who t ake care ofthe needs of passengers on aeroplanes) would loose their jobs if they got married. Was thisaga inst t heir Fundam enta l Rights? Explain.

A Case AgainstLife and PersonalLibert y

A s e s s i o n s j u d g e w a shearing a case against ap e r s o n b y t h e n a m eB h o m a C h a r a n O r a o n .Suspect ing that Bhoma

w a s s u f f e r i n g f r o m ament al il lness, he was sent t o a ment al asylumf o r t r e a t m e n t . A f t e r Bh om a s s t a y in t h em e n t a l a s y l u m f o r s i x m o n t h s , t h esuper in t endent o f t he asy lum in formed t hec o ur t t h a t h e wa s w ell en o ug h t o b edischa rged. The judge however did not t akenecessary steps to release him. Bhoma hadt o live t here for six more years .

Letsread about

an actu al situ at ion

wh ereth er ight t o

personallibertyhad

beenviolated.

A c a s e w a s f i l e d a g a i n s tB h o ma s d e t e n t i on in t h eS u p r e m e Co u r t . I t wa sp r o ve d in t h e co u r t t h a tt h e r e w a s a v i o l a t i o n o fB h o ma s r i g h t t o l if e a n dp e r s o n a l li be r t y. T h eSupreme Court ordered t hes t a t e g o v e r n m e n t t o p a yRs. 15 ,0 0 0 as compensat iont o B h o m a . T h e S u p r e m eC o u r t a l s o s a i d i n i t sj u d g m e n t t h a t n o n e o ft h e s e c o mp e n s a t i o n s c a nact ually compensat e t he sixyears of l i fe that had beenl o s t t o B h o m a - w h o h a sbeen t urned t o a living dead

si t uat ion.

Discuss the meaning of the fo l lowingphra ses in your cla ss:per sona l libe rt y; m enta l asylu m; liv ingdead.

Write in your own words: How w as there av iolat ion of Bhoma Charans right to l i fe and personal liberty?

The Preamble t o th e Constitution says thatthe Gov e r nme nt ha s to ma k e s ur e a l l

citizens ha ve certa in kinds of libert y. Afterreading about some of the fundam enta l rights to freedom, can you explain what thePream ble m eans by liberty?

08 the Constitution and the Fundamental Rights and Duties (Part I)

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Transcript of 08 the Constitution and the Fundamental Rights and Duties (Part I)