Fundamental Rights P3
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FUNDAMENTAL RIGHTS (PART III) OF THE CONSTITUTION OF INDIACULTURAL AND EDUCATIONAL RIGHTSRIGHT AGAINST EXPLOITATIONCULTURAL AND EDUCATIONAL RIGHTSCULTURAL AND EDUCATIONAL RIGHTS(ARTICLE NO 29 & 30)RIGHT TO CONSERVE LANGUAGE, SCRIPT OR CULTURE (ARTICLE 29(1))Any section of the citizens residing in the territory of India or any part of having distinct language, script or culture of its own shall have the right to conserve the sameThe Right to conserve means the right to preserve & maintain along with including the right to work for ones own language, script or culture and to agitate for the same.Case studies:-1)Jagdev Singh Sidhanti v. Pratap Singh Daulta2) D. A. V. College, Jullundur v. State of PunjabRIGHT TO CONSERVE LANGUAGE, SCRIPT OR CULTURE [ARTICLE 29(1)]Case studies:-1)Jagdev Singh Sidhanti v. Pratap Singh DaultaInstances to support his allegation that appellant :Took help from Hindi agitationUsed Om Dhwaj belongs to the Arya SamajMade promises that he would work for Hindi LanggS. C. REJECTED THE CONTENTIOUS OF THE RESPONDENT2) D. A. V. College, Jullundur v. State of PunjabS.C held that the setting up of the Guru Nanak Dev University at Amritsar to promote, inter alia, the studies & research in Punjabi language and literature and to undertake measures for the development of Punjabi Language & culture did not infringe article 29.RIGHT OF A CITIZEN TO ADMISSION TO EDUCATIONAL INSTITUITIONS [ARTICLE 29(2)] No citizens shall be denied admission into any educational institution maintained by the state or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.Case Studies:- 1)State of Bombay v. Bombay Education Society: State Gov. issued an order banning admission of all those whose language was not English into schools having English as medium of instruction.
[When Article29(2) does not apply..not on the basis of residence, domicile or sex]
RIGHT OF A CITIZEN TO ADMISSION TO EDUCATIONAL INSTITUITIONS [ARTICLE 29(2)]
2)State of Madras v.Champakam Dorairajan The communal G.O. allocating seats in medical and engineering colleges in proportion to several communities was struck down by the S.C. as violative of Article 29.First Amendment as Article 15 clause (4)nothing in Article 15 or in Article 29(2) would prevent the state from making any special provision for the advancement of any educationally and socially backward classes of citizens or for the Scheduled Castes and Scheduled tribes
Article 30(1): Right of Minorities to Establish and Administer Educational InstitutionsAll minorities; religious or linguistic have the right to establish and administer educational institutionsNo discrimination in granting aids will be done on the ground of minoritiesThe word or means either linguistic or religious, not bothMinority undefinedTMA Pai Foundation v. State of KarnatakaKerala Education Bill: 50% population and an indefinite decisionTMA Pai Foundation v. State of Karnataka 11 Judges bench
State is a unit to be considered for declaring the communities living therein as a minority A Linguistic MinorityMustve a separate spoken languageBut no distinct script requiredThat language which the community speaks and not what they want their children to speakEven official language of a state can be a linguistic minority
Eg: West Bengals official state language is English;Anglo Indians in WB can be called minority even if they speak English which is the official state languageReligious MinorityAdherence to a religionNot sect or part of the religionE.g. : Muslims, Christians, Sikhs, ParsisJain Shwetamber Terapanthi Sect have been declared minority because their faith is different from Hindu ReligionCS: Bhramchari Sidheshwar Shai v. State of WBRamakrishna religion is no other than Hindu hence cannot be declared minorityIt isnt applicable for foreignersEstablishing and Administering Educational InstitutionsEstablish = bring into existenceNo prior permission for establishment of a minority educational instituteThe whole community need not be a part of the endeavorFunds can be from a foreign entity.The Headmaster if of other community or religion does not render it non-minorityCertain Rights within Article 30(1)Right to establish professional education: Primary to Post-graduate levelRight to administer institutions set by the MinorityFounders and nominees can mold the institution as they think fitCS: DAV College Jullundur v. State of PunjabGuru Nanak University AmritsarAppointment as per Vice-Chancellor, control on teaching staff, Principal, etcViolated Art30(1)Similar CS: St. Xaviers College vs. State of GujaratHas the right to choose teachers of choice
Aided and Unaided Minority InstitutionsCS: TMA Pai Foundation vs. State of KarnatakaMinimum eligibility for students and prescribing qualifications for teachers allowedProcedure of admission must be transparent and merit basedIf you receive aid, you wont lose minority characterBut come under the purview of state legislation2 CASES:- If the educational institution is aidedStudents not required to follow any religious instruction: if providedAnd the institute cannot impart any religious instructionNo grant: institute still stays a minorityRequired toAdmit a reasonable extent of non-minority students Right to choose HM/PrincipalCS for HM: Manager, CE Agency v. State of KeralaNo interference in appointment of HMRight to Select StudentsCS: Sidarajbhai v. State of Gujarat80% seats to be filled by nominees of government ScrappedCS: St. Stephens College v. University of Delhi50% Christian and 50% othersBoth on inter se meritTransparency
RIGHT AGANIST EXPLOITATIONArticles 23 and 24 guarantees the fundamental right against exploitation. This right is secured to every person whether citizen, non citizen or an alien. ARTICLE 23(1)(1) Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.
HUMAN TRAFFICKINGIt means any dealings in human beings like chattels.Selling and buying ,men or woman like goods.It includes immoral practices in women and children.Case- Vishal Jeet vs Union of India . 1990 Garuav Jain vs Union of India . 1997BEGARBegar means involuantary work w/o payment.It constitutes of two elementsTo compel a person to work against will.Not paid any remuneration for that work
Cases-Kahason Thangkhul vs Simirei Shailei, 1961Chandra vs State of Rajasthan
OUTCOMESImmoral traffic in women & girls Act,1956The Bonded Labour system (Abolition) Act, 1976, has been enacted by Parliament to give effect to this Article.
BONDED LABOUR SYSTEM (ABOLITION) ACT, 1976The Bonded Labour System stands abolished throughout the country with effect from 25th October, 1975 with the enactment of Bonded Labour System (Abolition) Act, 1976.Every bonded labourer stood free from obligation to render bonded labour.Any agreement because of which a person was required to render any service as bonded labour was banned.
SALIENT FEATURES Offences for contravention of provisions of the Act are punishable with imprisonment for a term, which may extend to three years and also with fine, which may extend to 2000
ARTICLE 23(2)(2) Nothing in this article shall prevent the State from imposing compulsory service for public purposes. In imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them.CASES State of Gujrat v Honble High Court of Gujrat. 1998 Devendranath Gupta vs state of MP. 1960
ARTICLE 24No child below age of 14 shall be employed to work in any factory, mine, or engaged in any other hazardous employment. Employing a child below 14 years in any kind of occupation is set to become a offence.
CASESM.C. Mehta vs State of TN (Abolition of child labour from Sivakasi Match industries. ),1991District Beedi Workers Union v. State of Tamil Nadu.(1992)Peoples Union for Democratic Rights vs Union of India. 1982
STEPS TAKEN BY THE GOVERNMENTParliament has enacted the Child Labour (Prohibition and Regulation) Act, 1986, providing regulations for the abolition of child labour.Penalties for employing, child labour.As well as provisions for rehabilitation of former child labourers.THE CHILD LABOUR ACT, 2012The Act prohibits employment of children below 14 years in certain occupations such as automobile workshops, bidi-making, handloom, mines etc.. Except where the child helps his family after school hours.
SALIENT FEATURES (cont....)Punishment for employing any child in an occupation with a max. 3 yrs imprisonment or fine up to Rs. 50,000..Right of Children to Free and Compulsory Education.
THANK YOU !PRESENTED BY
SHUBHAM GADEKAR (111401301)
ALI MURTAZA (141301008)
QUADRI SYED MUJTABA ALI (141301010)
ANKIT B TRIVEDI (111201066)