How Indian Constitution supports the right of women, minorities,weaker session and children
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Answers
Explanation:
Rights of Minorities:
Constitutional right accorded to Minorities
Right of a minority to establish educational institutions –
(a) Article – 30 –
Article – 30(1) gives the linguistic or religious minorities the following two rights:
(a) The right to establish, and
(b) The right to administer educational institutions of their choice.
Article – 30(2) bars the state, while granting aid to educational institutions, from discriminating against any educational institution on the ground that it is under the management of a linguistic or a religious minority. It mandates that in granting aid to educational institutions, the state shall not discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language.
Rights of Weaker Sections:
Constitutional provisions like Article 14. 15 and 16 ensures that there is not discrimination against weaker section, and if possible, State can take help of positive discrimination to improve the politico-economic situation of weaker section of society. And on this basis reservation for weaker class like SC/ST , women etc is provided in public employment, educational institutions, and legislature at different levels.Rights of Women:
The Constitution of India not only grants equality to women but also empowers the State to adopt measures of positive discrimination in favour of women for neutralizing the cumulative socio economic, education and political disadvantages faced by them. Fundamental Rights, among others, ensure equality before the law and equal protection of law; prohibits discrimination against any citizen on grounds of religion, race, caste, sex or place of birth, and guarantee equality of opportunity to all citizens in matters relating to employment. Articles 14, 15, 15(3), 16, 39(a), 39(b), 39(c) and 42 of the Constitution are of specific importance in this regard.Rights of Children:
The first step to fulfill the rights of children can be found in the constitution of India and second one is Directive Principles of State Policy.
Fundamental Rights are justifiable in a court of law and are negatives that prohibit the states from doing thing. The courts are bound to declare a law as invalid if it violates a fundamental right. Directive principles are positive suggestions for states, and are not justifiable in a court of law.Fundamental Rights
Article 14- The State shall not deny to any person equality before the law or the equal protection of laws with in the territory of India.
Article 15- The State shall not discriminate against any citizen..Nothing in this Article shall prevent the State from making any special provisions for women and children.
Article 21-No person shall be deprived of his life or personal liberty except according to procedure established by law.
Article 21 A-The State shall provide free and compulsory education to all children of the age of 6-14 years in such manner as the State may, by law, determine.
Article 23-Traffic in human beings and beggary and other forms of forced labor are prohibited and any contravention of this provision shall be an offense punishable in accordance with the law.
Article 24-No child below the age of 14 years shall be employed to work in any factory or mine or engaged in any other hazardous employment.
The Constitution (86th Amendment) Act was notified on 13th December 2002, making free and compulsory education a Fundamental Right for all children in the age group of 6-14 years.
Explanation:
Article 14: This ensures equality before law and equal protection of law.
Article 15: This prohibits discrimination on any ground i.e. religion, race, caste, sex, place of birth.
Article 21: No person shall be deprived of his life or personal liberty except the procedure established by law.
Article 25: This ensures freedom of conscience and the right freely to profess, practice and propagate religion.
Article 26: This ensures a right to manage religious institutions, religious affairs, subject to public order, morality and health.
Article 29: Gives minorities a right to conserve their language, script or culture.
It provides for the protection of the interests of minorities by giving them a right to establish and administer educational institutions of their choice. The State is directed not to discriminate against minorities institutions in granting aid.
Article 350A: Directs the State to provide facilities for instruction in the mother tongue at the primary stage of education.
Art 164(1): According to this article in states of Bihar, MP and Orissa there shall be a Minister in charge of tribal welfare who may in addition be in charge of the welfare of the scheduled castes and backward classes.
Art 244(1): Regarding administration of scheduled areas and tribal areas – (1) The provisions of the Fifth schedule shall apply to the administration and control of the Scheduled areas and Scheduled tribes in any state other than the state of Assam, Meghalaya, Tripura and Mizoram. (2) The provisions of the sixth schedule shall apply to the administration of the tribal areas in the state of Assam, Meghalaya, Tripura and Mizoram.
Art 244(A): Formation of an autonomous state comprising certain tribal areas in Assam and creation of local legislature or Council of Ministers or both thereof. Parliament may by law form within the state of Assam an autonomous state comprising (whether wholly or part) all or any of the tribal areas.
Art 275: Provided that there shall be paid out of consolidated fund of India as grants-in-aid of the revenues of a state such capital and recurring sums as may be necessary to enable the state to meet the costs of such schemes of development as may be undertaken by the state with the approval of the Govt of India for the purpose of promoting the welfare of the scheduled tribes in that state or raising the level of administration of the scheduled areas therein to that of the administration of the rest of the areas in that state. Provided further that there shall be paid out of the consolidated fund of India as grant-in-aid of the revenues of the state of Assam sum capital and recurring.
Art 330: Reservation of seats for the scheduled castes and scheduled tribes in the House of People.
– Seats shall be reserved for scheduled castes
– The scheduled tribes except the scheduled tribes except the scheduled tribes in the autonomous districts of Assam
– The scheduled tribes in the autonomous districts in Assam.
Art 332: Reservation of seats for scheduled castes and scheduled tribes in the Legislative Assemblies of the states.
– Seats shall be reserved for the scheduled castes and the scheduled tribes (except the ST’s of autonomous districts of Assam) in the Legislative Assembly of every state.
– Seats shall be reserved also for the autonomous districts in the Legislative Assembly of the state of Assam.
Art 334: Reservation of seats and special representation in Legislative Assemblies and House of People to cease after fifty years.
Art 335: Claims of scheduled castes and scheduled tribes to service and posts-The claims of the members of the scheduled castes and scheduled tribes shall be taken into consideration consistently with the maintenance of efficiency of administration in the making of appointments to service and posts in connection with the affairs of the Union or of a state.
Art 338: National Commission for scheduled castes and scheduled tribes
Art 339: Control of the Union over the administration of Scheduled castes and Scheduled tribes.
Art 340: Appointment of a commission by the president to investigate the conditions of backward classes.
Art 341: Power of the President to specify the castes, races or tribes or posts of or groups within castes, races or tribes as scheduled castes.
Art 342: Power of the President to specify the tribes or tribal communities or parts of or groups within tribes or tribal communities as scheduled tribe.
Art 350(A): Facilities for instruction in mother tongue of a