compare human rights enshrined in the constitution of South Africa and and India
Answers
Answer:
Both grant extensive rights to citizens like Freedom of speech, movement, residence, occupation, no discrimination, cultural and religious rights, right to education, etc. to fulfill aspirations of the citizens and form the bedrock of a modern demicratic nation
2. Some rights are available to all but some only to citizens.
3. In both cases, the rights can be placed under reasonable restrictions and curtailed by parliamentary amendment.
4. Both guarantee protection of rights by judiciary.
5. Both allow certain degree of freedom to the State to work for upliftment of the marginalised and downtrodden.
Differences:
1. The right to equality is more extensive and covers more ground in the South African Bill of Rights as discrimination is forbidden on many grounds including marital status, gender, sex, sexual orientation, pregnancy, etc. But in India only 5 grounds namely religion, race, caste, sex and place of birth are mentioned.
2. More rights are granted under South African charter like:
a. Right of children to domestic living, education, employment, etc.
b. Right to life is invoked to avoid capital punishment, euthanasia, etc.
c. Right to environment and sustainable use of resources.
d. Political rights like right to vote; Right to housing; Right to information held by the government; Right to receive emergency medical treatment, etc. These can be attributed to the hindsight that framers of South African Constitution enjoyed. So many of the Constitutonal Rights of South Africa are available in India as legal rights.
3. A special court in South Africa is tasked with judging on constitutional matters unlike in India where SC has been tasked under Article 32 and has parallely many other jurisdictions as well. High Courts can also be moved under Article 226. But both are not exclusively dedicated for this purpose.
In effect both the nations are founded on shared values of sanctity of individual's rights and aspirations.