Question

Examine the following situations and explain whether an action for violation of fundamental rights would be justified.
a. A textile mill employed a boy aged 12 years. A case was filed against the textile mill by an NGO.
b. Amar and his friends prevented the college union leader Sahil from giving a speech because they considered it provocative for others to commit violence. Sahil sued Amar and his friends for violation of his Fundamental Right.

Answer 1

Answer:

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Explanation:

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Answer 2

a. A textile mill employed a boy aged 12 years. A case was filed against the textile mill by an NGO.-Justified  

b. Sahil sued Amar and his friends for preventing him from giving a speech which they found provocative. He sued them for violation of his Fundamental Right.- NOT JUSTIFIED

Explanation:  

(a): Hiring any children less than the 'age of 14 years' for 'any kind of work, other than in 'certain family-based work', is a 'cognizable offense' and will attract a jail term of up to 2 years        

(b): In India, this right is granted by Article 19(1)(a). However, this right of freedom to speech and expression is not completely unchecked. Article 19 (2) allows for reasonable restrictions to be imposed on all fundamental rights, including that of freedom to speech and expression.