Page 1
RIGHTS IN THE INDIAN
CONSTITUTION
Page 2
RIGHTS IN THE INDIAN
CONSTITUTION
THE IMPORTANCE OF RIGHTS
In 1982, for the Asian Games, the government hired
contractors who employed many poor workers
from across the country to build flyovers and
stadiums. These workers had poor conditions and
received less than the minimum wage. Social
scientists studied this and appealed to the
Supreme Court, arguing that paying less than
minimum wage was forced labor, violating their
rights. The court agreed and ensured the workers
received proper wages.
Machal Lalung, 23, from Assam, was arrested for
causing injuries. Deemed mentally unfit for trial, he
was sent to a mental hospital for treatment.
Doctors declared him fit for trial in 1967 and 1996,
but he remained in custody. Machal was released
in July 2005, aged 77, after 54 years of custody
without a hearing. The National Human Rights
Commission intervened after an inspection.
Page 3
RIGHTS IN THE INDIAN
CONSTITUTION
THE IMPORTANCE OF RIGHTS
In 1982, for the Asian Games, the government hired
contractors who employed many poor workers
from across the country to build flyovers and
stadiums. These workers had poor conditions and
received less than the minimum wage. Social
scientists studied this and appealed to the
Supreme Court, arguing that paying less than
minimum wage was forced labor, violating their
rights. The court agreed and ensured the workers
received proper wages.
Machal Lalung, 23, from Assam, was arrested for
causing injuries. Deemed mentally unfit for trial, he
was sent to a mental hospital for treatment.
Doctors declared him fit for trial in 1967 and 1996,
but he remained in custody. Machal was released
in July 2005, aged 77, after 54 years of custody
without a hearing. The National Human Rights
Commission intervened after an inspection.
BILL OF RIGHTS
1
Both these examples show
the importance of having
rights and of the actual
implementation of these
rights. A democracy must
ensure that individuals have
certain rights and that the
government will always
recognise these rights.
2
Therefore it is often a
practice in most
democratic countries to list
the rights of the citizens in
the constitution itself. Such
a list of rights mentioned
and protected by the
constitution is called the 'bill
of rights'.
3
A bill of rights prohibits
government from thus
acting against the rights of
the individuals and ensures
a remedy in case there is
violation of these rights.
4
From whom does a constitution protect the
rights of the individual? The rights of a person
may be threatened by another person or
private organisation. In such a situation, the
individual would need the protection of the
government. So, it is necessary that the
government is bound to protect the rights of
the individual.
5
On the other hand, the organs of the
government (the legislature, executive,
bureaucracy or even the judiciary), in the
course of their functioning, may violate the
rights of the person.
Page 4
RIGHTS IN THE INDIAN
CONSTITUTION
THE IMPORTANCE OF RIGHTS
In 1982, for the Asian Games, the government hired
contractors who employed many poor workers
from across the country to build flyovers and
stadiums. These workers had poor conditions and
received less than the minimum wage. Social
scientists studied this and appealed to the
Supreme Court, arguing that paying less than
minimum wage was forced labor, violating their
rights. The court agreed and ensured the workers
received proper wages.
Machal Lalung, 23, from Assam, was arrested for
causing injuries. Deemed mentally unfit for trial, he
was sent to a mental hospital for treatment.
Doctors declared him fit for trial in 1967 and 1996,
but he remained in custody. Machal was released
in July 2005, aged 77, after 54 years of custody
without a hearing. The National Human Rights
Commission intervened after an inspection.
BILL OF RIGHTS
1
Both these examples show
the importance of having
rights and of the actual
implementation of these
rights. A democracy must
ensure that individuals have
certain rights and that the
government will always
recognise these rights.
2
Therefore it is often a
practice in most
democratic countries to list
the rights of the citizens in
the constitution itself. Such
a list of rights mentioned
and protected by the
constitution is called the 'bill
of rights'.
3
A bill of rights prohibits
government from thus
acting against the rights of
the individuals and ensures
a remedy in case there is
violation of these rights.
4
From whom does a constitution protect the
rights of the individual? The rights of a person
may be threatened by another person or
private organisation. In such a situation, the
individual would need the protection of the
government. So, it is necessary that the
government is bound to protect the rights of
the individual.
5
On the other hand, the organs of the
government (the legislature, executive,
bureaucracy or even the judiciary), in the
course of their functioning, may violate the
rights of the person.
FUNDAMENTAL RIGHTS IN THE INDIAN
CONSTITUTION
During India's freedom
movement, leaders
recognized the importance of
rights and urged the British to
respect them. The Motilal
Nehru Committee proposed a
bill of rights in 1928.
Therefore, when India gained
independence and created its
Constitution, everyone agreed
that rights should be included
and protected.
The Constitution lists specially
protected rights called
'fundamental rights'. This term
highlights their importance,
with specific constitutional
provisions ensuring their
protection.
Fundamental Rights are crucial, so the Constitution ensures the government doesn't violate them. Unlike
ordinary legal rights enforced by regular laws, Fundamental Rights are protected and guaranteed by the
Constitution itself.
Page 5
RIGHTS IN THE INDIAN
CONSTITUTION
THE IMPORTANCE OF RIGHTS
In 1982, for the Asian Games, the government hired
contractors who employed many poor workers
from across the country to build flyovers and
stadiums. These workers had poor conditions and
received less than the minimum wage. Social
scientists studied this and appealed to the
Supreme Court, arguing that paying less than
minimum wage was forced labor, violating their
rights. The court agreed and ensured the workers
received proper wages.
Machal Lalung, 23, from Assam, was arrested for
causing injuries. Deemed mentally unfit for trial, he
was sent to a mental hospital for treatment.
Doctors declared him fit for trial in 1967 and 1996,
but he remained in custody. Machal was released
in July 2005, aged 77, after 54 years of custody
without a hearing. The National Human Rights
Commission intervened after an inspection.
BILL OF RIGHTS
1
Both these examples show
the importance of having
rights and of the actual
implementation of these
rights. A democracy must
ensure that individuals have
certain rights and that the
government will always
recognise these rights.
2
Therefore it is often a
practice in most
democratic countries to list
the rights of the citizens in
the constitution itself. Such
a list of rights mentioned
and protected by the
constitution is called the 'bill
of rights'.
3
A bill of rights prohibits
government from thus
acting against the rights of
the individuals and ensures
a remedy in case there is
violation of these rights.
4
From whom does a constitution protect the
rights of the individual? The rights of a person
may be threatened by another person or
private organisation. In such a situation, the
individual would need the protection of the
government. So, it is necessary that the
government is bound to protect the rights of
the individual.
5
On the other hand, the organs of the
government (the legislature, executive,
bureaucracy or even the judiciary), in the
course of their functioning, may violate the
rights of the person.
FUNDAMENTAL RIGHTS IN THE INDIAN
CONSTITUTION
During India's freedom
movement, leaders
recognized the importance of
rights and urged the British to
respect them. The Motilal
Nehru Committee proposed a
bill of rights in 1928.
Therefore, when India gained
independence and created its
Constitution, everyone agreed
that rights should be included
and protected.
The Constitution lists specially
protected rights called
'fundamental rights'. This term
highlights their importance,
with specific constitutional
provisions ensuring their
protection.
Fundamental Rights are crucial, so the Constitution ensures the government doesn't violate them. Unlike
ordinary legal rights enforced by regular laws, Fundamental Rights are protected and guaranteed by the
Constitution itself.
BILL OF RIGHTS IN THE SOUTH AFRICAN
CONSTITUTION
Key Features
Inaugurated in December 1996
Created during threat of civil war after
dissolution of Apartheid government
"Bill of Rights is a cornerstone of democracy in
South Africa"
Forbids discrimination on various grounds
Grants extensive range of rights to citizens
Special constitutional court enforces rights
Rights Included
Right to Dignity
Right to Privacy
Right to fair labour practices
Right to healthy environment and protection
of environment
Right to adequate housing
Right to health care, food, water and social
security
Children's rights
Right to basic and higher education
Right of cultural, religious and linguistic
communities
Right to information
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