Unit II
Indian Constitutional Guarantee on Human
Rights
Fundamental Rights
Fundamental Rights - Meaning
Basic
human
freedoms
which
every Indian citizen has the right
to
enjoy
harmonious
personality
for
proper
development
and
of
Fundamental Rights
Part III of the Indian Constitution
Fundamental Rights
Part III of the Indian Constitution
'Part III - Fundamental Rights' is a
Charter of Rights
Bill of Rights - a list of the most
important rights of the citizens of a
country)
Fundamental Rights Examples
Equality before Law
Freedom of Speech and Expression
Peaceful Assembly
Freedom to Practice Religion
Right to Constitutional Remedies
for the Protection of Civil Rights
Violation of these rights result in punishments
as prescribed in the Indian Penal Code, subject
to discretion of the judiciary.
Habeas Corpus
it is a writ (legal action) which
requires a person under arrest to be
brought before a judge or into court.
This ensures that a prisoner can be
released from unlawful detention
The Seven Fundamental Rights
Recognized By the Indian
Constitution
1) Right To Equality
1) Right To Equality
Equality before law,
Prohibition of discrimination on grounds of
religion, race, caste, sex or place of birth,
Equality
of
opportunity
employment,
Abolition of untouchability
Abolition of titles.
in
matters
of
2) Right To Freedom
2) Right To Freedom
Speech and expression
Assembly
Association or union or cooperatives, movement
Residence
Right to practice any profession or occupation
Right to life and liberty
Right to education
3. Right Against
Exploitation
3. Right Against
Exploitation
Prohibiting all forms of forced
labour,
Child labour
Traffic in human beings
4) Right To Freedom of
Religion
4) Right To Freedom of
Religion
Free profession practice
Propagation of religion
Freedom to manage religious affairs
Freedom from certain taxes
Freedom from religious instructions
in certain educational institutes.
5) Cultural And
Educational Rights
5) Cultural And Educational
Rights
Freedom to conserve their culture
language or script
Right of minorities to establish and
administer educational institutions of
their choice.
6) Right to constitutional remedies for
enforcement of Fundamental Rights.
7) Right to education which ensures
that children up to the age of 14 get
education. It can also be free of cost.
Directive principles part IV of the
constitution
The Directive Principles of State Policy
Guidelines to the central and
state governments of India
To be kept in mind while framing laws
and policies.
They are not legally enforceable
Object of the Directive
Principles of State Policy
1. Welfare State
2. Social Revolution
3. Emphasizes the ideals of
Preamble
The Criminal Procedure
Code, 1973
The
main
legislation
on
procedure
for
administration of substantive criminal law in India.
approved in 1973 came into force on 1 April,
1974.
It provides the machinery for the investigation of
crime, apprehension of suspected criminals,
collection of evidence, determination of guilt or
innocence of the accused person and the
determination of punishment of the guilty.
The Act consists of 484 sections, 2
schedules and 56 forms.
The sections are divided into 38
chapters.
Classification of
Offences under the Code
1. Cognizable and Noncognizable Offences
Cognizable
Those offences for which a police officer
may arrest without court mandated warrant
in accordance with the first schedule of the
code.
Non-cognizable Offences
Non-cognizable cases the police officer may
arrest only after being duly authorized by a
warrant.
2. Summons case and warrant
case
Summons case
A magistrate taking cognizance of an
offence is to issue summons for the
attendance of the accused if the case is a
summons case.
warrant case
If the case appears to be a warrant case, he
may issue a warrant or a summons as he
sees fit.
3. Bailable and Non-Bailable
Bailable
Bailable offences are offences listed
under the First Schedule
Non-Bailable
All other offences are non-bailable
Functionaries under the code
Magistrates
Public
Police
Defense
Correctional
prosecutors
Counsels
and
services
judges
personnel
of the Supreme Court and High Court
The Protection of Civil
Rights Act, 1955
What is Civil Rights?
Any right accumulate to a person
by reason of the abolition of
untouchability by article 17 of
the constitution.
Importance of this Act
This
Act
prescribes
punishments
for
enforcing
religious disabilities on the ground of untouchability
The Central Government has been empowered for the
implementation of the Act
Example:
preventing any person from entering any place of public
worship which is open to other persons professing the
same religion or any section of the religion.
Scheduled Caste and Scheduled Tribe
(Prevention of Atrocities) Act, 1989
Enacted by the parliament of India to
prevent atrocities against SC & ST
people
popularly known as POA, the SC/ST
Act,
the
Prevention
of
Atrocities
Act, or simply the Atrocities Act.
Objectives of the Act
Aims that the government to
deliver justice to SC and ST
communities
Salient Features
Divided into three different categories
Provisions
of
criminal
law
establishes
criminal liability for defined atrocities
Provisions for relief and compensation
Provisions that establish special authorities
for the implementation and monitoring of
the act
International Covenant on Civil
and Political Rights (ICCPR)
It
is
multilateral
treaty
adopted by the United Nations
General Assembly on December
16,
1966,
and
March 23, 1976.
in
force
from
It commits its parties to respect
the civil and political rights of
individuals
The ICCPR is part of the
International Bill of Human
Rights, along with the
International Covenant on
Economic, Social and
Cultural Rights (ICESCR) and
the Universal Declaration of
Human Rights (UDHR).