the indian Constitution protects the rights of children, women, minorities and weaker sections. pictures
Answers
Answer:
The Indian constitution is the fundamental documents of the country where the equality is the basic principle. This documents consist of Article 14, which emphasize on “EQUALITY BEFORE LAW” which means every citizen of this country are to be treated equally and no one will be discriminate or deprived by law. Article 14 of the Indian constitution also provides the protection for every individual within the territory of India.
I have mentioned this article on the top paragraph because this provision of our constitution is provides equality to every individuals of the country and those individuals includes children, women, minorities and as well as weaker sections of the society.
Right of children:
Indian constitution provides the protection to the right of children through Article 21-A. Article 21-A of the Indian constitution protects the educational right of the children who are between the ages of six to fourteen years. This Article stated that “the state shall provide free and compulsory education to all children” (between the ages of six to fourteen years).
This is the part of fundamental rights of the citizen where the citizen has the right to enforce this right in the court of law, if it is infringe by the state.
Apart from this provision, Article 45 also talks about the protection of the right of children through providing early childhood care and education (until they complete the age of six years). This provision is the part of the directive principles of state policy which is not enforceable by the court of law.
Right of women:
I have already mentioned Article 14 of the Indian constitution which talks about the equality before the law and equal protection of the law. Irrespective of this, there are several provisions under the Indian constitution which protects the right of women.
Article 15 of the Indian constitutionsafeguard the women’s rights through the policy of non-discrimination. This provisions clearly emphasise that, the state shall not discriminate against any citizens on grounds of religion, caste, sex (gender) and place of birth.
Apart from these provisions, our constitution also provides protection to the women, through Article 16 of Indian constitution. It provides the equal opportunity in matters of public employment without any discrimination on the ground of caste, sex (gender), religion, etc.
These are the part of fundamental rights of the constitution where, a woman can enforce her rights if she discriminate by the state.
Right of minorities and weaker sections:
Our constitution not only talks about the rights of women or children but also emphasise on the protection of minorities and weaker sections of the society.
Constitution provides many rights to the minorities through various provisions, to ensure the equality among the people and to maintain the diversity of this country.
As a part of the fundamental rights of the minority community, constitution provides the safeguard on the language, script and or culture of the different minority community through Article 29 (1). And at the same time, Article 29 (2) provides the right to the minorities to take admission into any educational institution without any discrimination.
Apart from these rights, our constitution also provides right to the minority communities(under article 30) to establish and administered educational institutions based on their religion and language.
Explanation:
Answer:
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.
Directive Principles
Article 39(e) and (f) provides that the State shall, in particular, direct its policy towards securing to "ensure that the health and strength of workers, men and women and the tender age of children are not abused" and "that the citizens are not forced by economic necessity to enter avocations unsuited to their age or strength" and that "the children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity" and that the childhood and youth are protected against exploitation and against moral and material abandonment.
Article 45- The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years.
Article 47- The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties
Article 243G read with Schedule 11 - provide for institutionalization of child care by seeking to entrust programmes of Women and Child Development to Panchayat (Item 25 of Schedule 11), apart from education (item 17), family welfare (item 25), health and sanitation (item 23) and other items with a bearing on the welfare of children.
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.