FUNDAMENTAL RIGHTS (PART III) OF THE CONSTITUTION OF INDIA

• CULTURAL AND EDUCATIONAL RIGHTS• RIGHT AGAINST EXPLOITATION

CULTURAL AND EDUCATIONAL RIGHTS

CULTURAL 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 same”The Right to conserve means the right to preserve & maintain along with including the right to work for one’s 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 Punjab

RIGHT 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 :1) Took help from Hindi agitation2) Used “Om Dhwaj” belongs to the Arya Samaj3) Made 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 Institutions

All minorities; religious or linguistic have the right to establish and administer educational institutions

No discrimination in granting aids will be done on the ground of minorities

The word ‘or’ means either linguistic or religious, not both Minority undefined TMA Pai Foundation v. State of Karnataka Kerala Education Bill: 50% population and an indefinite decision TMA 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 Minority Must’ve a separate spoken language But no distinct script required That language which the community speaks and not

what they want their children to speak Even official language of a state can be a linguistic

minority

Eg: West Bengal’s official state language is English; Anglo Indians in WB can be called minority even if they

speak English which is the official state language

Religious Minority

Adherence to a religion Not sect or part of the religion E.g. : Muslims, Christians, Sikhs, Parsis Jain Shwetamber Terapanthi Sect have been declared minority

because their faith is different from Hindu Religion CS: Bhramchari Sidheshwar Shai v. State of WB

Ramakrishna religion is no other than Hindu hence cannot be declared minority

It isn’t applicable for foreigners

Establishing and Administering Educational Institutions Establish = bring into existence No prior permission for establishment of a minority

educational institute The whole community need not be a part of the

endeavor Funds can be from a foreign entity. The Headmaster if of other community or religion

does not render it non-minority

Certain Rights within Article 30(1) Right to establish professional education: Primary to

Post-graduate level Right to administer institutions set by the Minority

Founders and nominees can mold the institution as they think fit

CS: DAV College Jullundur v. State of Punjab Guru Nanak University Amritsar Appointment as per Vice-Chancellor, control on teaching staff,

Principal, etc Violated Art30(1)

Similar CS: St. Xavier’s College vs. State of Gujarat Has the right to choose teachers of choice

Aided and Unaided Minority Institutions CS: TMA Pai Foundation vs. State of Karnataka Minimum eligibility for students and prescribing qualifications for

teachers allowed Procedure of admission must be transparent and merit based If you receive aid, you won’t lose minority character But come under the purview of state legislation 2 CASES:- If the educational institution is aided Students not required to follow any religious instruction: if provided And the institute cannot impart any religious instruction

No grant: institute still stays a minority Required to

Admit a reasonable extent of non-minority students Right to choose HM/Principal CS for HM: Manager, CE Agency v. State of Kerala

No interference in appointment of HM

Right to Select Students CS: Sidarajbhai v. State of Gujarat

80% seats to be filled by nominees of government Scrapped

CS: St. Stephen’s College v. University of Delhi 50% Christian and 50% others Both on inter se merit Transparency

RIGHT AGANIST EXPLOITATION

Articles 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 TRAFFICKING It 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- 1. Vishal Jeet vs Union of India .

1990 2. Garuav Jain vs Union of India .

1997

BEGAR

‘Begar’ means involuantary work w/o payment.

It constitutes of two elementsa) To compel a person to work against will.b) Not paid any remuneration for that work

Cases-1. Kahason Thangkhul vs Simirei Shailei,

19612. Chandra 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, 1976

The 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 Hon’ble High Court of Gujrat. 1998

Devendranath Gupta vs state of MP. 1960

ARTICLE 24 No 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.

CASES M.C. Mehta vs State of TN (Abolition of child

labour from Sivakasi Match industries. ),1991

District Beedi Workers Union v. State of Tamil Nadu.(1992)

People’s Union for Democratic Rights vs Union of India. 1982

STEPS TAKEN BY THE GOVERNMENT

Parliament 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, 2012

The 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)