Question

the indian Constitution protects the rights of children, women, minorities and weaker sections
Enaborate on the basis of a case study
INTERNAL ASSESSMENT PROJECT​

Answer 1

The Indian Constitution protects the right of women through Articles 15, 16, 23, 39, 42, 51A, and 243 of the Indian Constitution.

Protection of rights of women

The Indian Constitution protects the rights of women through the following constitutional rights:

Article 15:

• Article 15 [1]- The state shall not discriminate against any citizen of India on the ground of sex  
• Article 15[3]- The state is empowered to make any special provision for women. In other words, this provision enables the state to make affirmative discrimination in favor of women.

Article 16:

• Article 16[2]- No citizen shall be discriminated against or be ineligible for any employment or office under the state on the ground of sex

Article 23:

• Article 23[1]- Traffic in human beings and forced labor are prohibited.

Article 39:

• Article 39 [a]- The state to secure for men and women equally the right to an adequate means of livelihood
• Article 39 (d)- The state to secure equal pay for equal work for both Indian men and women
• Article 39 (e)- The state is required to ensure that the health and strength of women workers are not abused and that they are not forced by economic necessity to enter avocations unsuited to their strength

Article 42:

• Article 42- The state shall make provision for securing just and humane conditions of work and maternity relief

Article 51-A

• It shall be the duty of every citizen of India to renounce practices derogatory to the dignity of women.

Article 243:

• Article 243 (D)[3]- One-third of the total number of seats to be filled by direct election in every Panchayat shall be reserved for women
• Article 243 (D)[4]- One-third of the total number of offices of chairpersons in the Panchayats at each level shall be reserved for women.
• Article 243 (T)[3]- One-third of the total number of seats to be filled by direct election in every Municipality shall be reserved for women.
• Article 243 (T)[4]- The offices of chairpersons in the Municipalities shall be reserved for women in such manner as the State Legislature may provide.

Thus, The Indian Constitution grants various Constitutional and Legal rights to protect the right of women. Even though the Fundamental Rights and DPSP are not justiciable in nature, the citizen of India should always ensure to abide by it in letter and spirit.

Answer 2

Answer:

When was Article 30 adopted

Article 30 was adopted on December 8, 1948.

Features of Article 30 of the Indian Constitution

Article 30 of the Indian constitution consists of provisions that safeguard various rights of the minority community in the country keeping in mind the principle of equality as well.

Article 30(1) says that all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.

Article 30(1A) deals with the fixation of the amount for acquisition of property of any educational institution established by minority groups.

Article 30(2) states that the government should not discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language, while giving aid.

Debate around Article 30

On December 8, 1948, the Constituent Assembly debated around the need for imparting primary education in one's mother tongue. One of the members of the Assembly moved an amendment to restrict the scope of this article to linguistic minorities. He argued that a secular state should not recognise minorities based on religion.

Another member of the Assembly proposed to guarantee linguistic minorities the fundamental right to receive primary education in their language and script. He was concerned about the status of minority languages, even in regions which had a significant minority population.

The Constituent Assembly rejected the proposals.

What is Article 29 of the Indian Constitution?

Both Article 29 and Articles 30 guarantee certain right to the minorities. Article 29 protects the interests of the minorities by making a provision that any citizen / section of citizens having a distinct language, script or culture have the right to conserve the same. Article 29 mandates that no discrimination would be done on the ground of religion, race, caste, language or any of them.

Concept of Minority in the Indian Constitution

Religious minorities

While Article 30 and Article 29 of the Constitution do not specify 'minorities' in India, it is classified into religious minorities and linguistic minorities.

Religious Minorities in India

The basic ground for a community to be nominated as a religious minority is the numerical strength of the community. For example, in India, Hindus are the majority community. As India is a multi-religious country, it becomes important for the government to conserve and protect the religious minorities of the country.

Section 2, clause (c) of the National Commission of Minorities Act, declares six communities as minority communities. They are:

Muslims

Christians

Buddhists

Sikhs

Jains and

Zoroastrians (Parsis)

Linguistic Minorities

Class or group of people whose mother language or mother tongue is different from that of the majority groups is known as the linguistic minorities. The Constitution of India protects the interest of these linguistic minorities.