Constitutional Law

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HAPPY INDEPENDENCE DAY!!

HAPPY INDEPENDENCE DAY… JAI HIND…

Today’s the day we remember and cherish our heroes who fought for our freedom… through all the pain and struggle they sacrificed their lives for our countries freedom…Let’s come together this Independence Day and follow their thoughts and wisdom… SAY ‘NO’ TO CORRUPTION!! Our resolution this Independence Day at Law Wise India is “CORRUPTION FREE INDIA.” What’s yours?

“Corruption and hypocrisy ought not to be inevitable products of democracy, as they undoubtedly are today”

-Mahatma Gandhi

…SARE JAHAN SE ACHA…HINDUSTAN HAMARA…

HAPPY INDEPENDENCE DAY!!

Sec 377 of the Indian Penal Code – Entire Judgement

Sec 377 of the Indian Penal Code

Naz foundation(petitioner) challenged the constitutional validity of sec 377 of ipc 1860 vide a writ petition as a pil. The writ petition was dismissed by the High Court in 2004 “on the ground that there is no cause of action in favour of the petitioner and that such a petition cannot be entertained to examine the academic challenge to the constitutionality of the legislation” However the Supreme Court said aside the order and the matter was presented in the High Court.

The challenge is founded on the plea that Section 377 IPC, on account of it covering sexual acts between consenting adults in private infringes the fundamental rights guaranteed under Articles 14, 15, 19 & 21 of the Constitution of India. Limiting their plea, the petitioners submit that Section 377 IPC should apply only to non-consensual penile non-vaginal sex and penile nonvaginal sex involving minors.

Sec 377 of the Indian Penal Code states: 377. Unnatural offences.– Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with 1[ imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Explanation.- Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section Respondents include Government of NCT of Delhi and others and Ministry of Home Affairs and Ministry of Health & Family Welfare, National Aids Control Organisation, Delhi State Aids Control Society. Commissioner of Police, and other individuals and NGOs. Read More…

Fundamental Duties of Indian Citizens

Fundamental Duties are defined as the moral obligations of all citizens to help promote a spirit of patriotism and to uphold the unity of India.

There are 11 Fundamental duties and they comprise of the following:

IT SHALL BE THE DUTY OF EVERY CITIZEN OF INDIA: Read More…

Cultural and Educational Rights

Fundamental Rights: Cultural and Educational Rights

  1. Any section of the citizens having a distinct language, script or culture of its own shall have the right to conserve the same.
  2. No citizen 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.

All minorities, religious or linguistic, can set up their own educational institutions to preserve and develop their own culture. In granting aid to institutions, the State cannot discriminate against any institution on the basis of the fact that it is administered by a minority institution.

Right Against Exploitation

Fundamental Rights: Right Against Exploitation

1)      Abolition of trafficking in human beings, beggars or any other form of forced labor.

2)      Abolition of trafficking in humans for slave trade or prostitution.

3)      Children below the age of 14 years cannot be employed in dangerous jobs like factories and mines.

Protection of Life and Personal Liberty

Fundamental rights: Right to freedom:

PROTECTION OF LIFE AND PERSONAL LIBERTY:

No citizen shall be deprived of his life or personal liberty except according to the procedure established by law. Right to Life means the right to lead meaningful, complete and dignified life. It also includes:

Right to speedy trial , Right to go abroad, Right to privacy, Right against solitary confinement , Right against delayed execution, Right to shelter, Right against custodial death, Right against public hearing, Doctor’s assistance.

Protection in Respect of Conviction for Offences

Fundamental rights: Right to freedom:

PROTECTION IN RESPECT OF CONVICTION FOR OFFENCES:

1)      Persons can be convicted of offences only relating to VIOLATION OF LAW.

2)      No person shall be prosecuted and punished for the same offence more than once. (DOUBLE JEOPARDY)

3)      No person who has been accused of an offence can be a witness against himself.

What can be a better example of understanding the concept of DOUBLE JEOPARDY other than the Hollywood movie “Double Jeopardy” itself. As shown in the movie, once a punishment has been served no person can be punished for the same offence again. This has been adopted in the Indian Constitution also and is OUR FUNDAMENTAL RIGHT UNDER RIGHT TO FREEDOM.

Right to Freedom

(1) All citizens shall have the right-

(a) to FREEDOM OF SPEECH AND EXPRESSION; other than those on which the state may impose reasonable restriction.

(b) to ASSEMBLE PEACEFULLY AND WITHOUT ARMS; other than those on which the state may impose reasonable restriction.

(c) to FORM ASSOCIATIONS OR UNIONS; other than those on which the state may impose reasonable restriction.

(d) to MOVE FREELY THROUGHOUT THE TERRITORY OF INDIA; other than those on which the state may impose reasonable restriction.

(e) to RESIDE AND SETTLE IN ANY PART OF THE TERRITORY OF INDIA; other than those on which the state may impose reasonable restriction on for the interest of general public or protection of schedule tribes.

(f) to PRACTISE ANY PROFESSION, OR TO CARRY ON ANY OCCUPATION, TRADE OR BUSINESS other than those on which the state may impose reasonable restriction.

PROTECTION IN RESPECT OF CONVICTION FOR OFFENCES:

Read More…

Right to Equality

Fundamental Rights: Right to Equality

1)      All citizens are equally protected by the law. No citizen is above or below the law. The law is for all citizens.

2)      The state cannot discriminate any citizen on the grounds of religion, race, caste, sex, place of birth or any of them.

  1. Every person shall have equal access to public places like shops, public restaurants, hotels and places of public entertainment like public parks and museums, wells, bathing ghats and temples and roads and places of public resort.
  2. However, the State may make any special provision for women and children.
  3. Special provisions may be made for the advancements of any socially or educationally backward class or scheduled castes or scheduled tribes

3)      Equality in matters of public employment: The State cannot discriminate against anyone in the matters of employment. All citizens can apply for government jobs. However there maybe some exceptions where certain jobs are reserved for backward classes, scheduled castes or scheduled tribe.

4)      “Untouchability” is abolished and its practice in any form is forbidden.

5)      The constitution prohibits the State from conferring any titles. The British government had created an aristocratic class known as Rai Bahadurs and Khan Bahadurs in India – these titles were also abolished

Fundamental Rights

As a common citizen the first thing you should acquaint yourself with are your fundamental rights. These are basic human rights provided in our Constitution and Violation of these rights results in punishments.

The constitution guarantees protection of our fundamental rights. If any fundamental right is breached we can move a writ directly to the HIGH COURT or SUPREME COURT.

1)      Right to equality

2)      Right to freedom

3)      Right against exploitation

4)      Right to freedom of religion

5)      Right to life

6)      Cultural and educational rights

7)      Right to constitutional remedies

STAND UP FOR YOUR RIGHT!! BE LEGALLY WISE!!