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Showing posts with the label Human Rights

Rights of Consumers

Consumer Protection Act (1986): The Consumer Protection Act was enacted in 1986 with the objective of providing better protection of consumers’ interests. The Act provides for effective safeguards to consumers against various types of exploitation and unfair dealings. The Act lays down the rights of the consumers and also provides for the promotion and protection of the rights of the consumers. It creates an alternative disputes resolution mechanism exclusively for consumers. The salient features of the Act are as follows: The Act enshrines six rights of consumers, namely, right to safety, right to be informed, right to choose, right to be heard, right to seek redressal, and right to consumer education. The provisions of the Act are in addition to and not in derogation of the provisions of any other law for the time being in force. It is an umbrella legislation covering all goods and services, but excluding transactions not involving consumers from the purview of the Act. Goods are tho

Rights of Drug Abuse

Constitutional Rights: The mandate of the Constitution is to ensure equality, freedom, justice and dignity of all individuals including the victims of drug abuse. Article 47 of Part IV (Directive Principles of State Policy) is particularly relevant with regard to the victims of drug abuse. It provides that 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 and, in particular, the State shall endeavour to bring about prohibition of consumption, except for medicinal purposes, of intoxicating drinks and of drugs which are injurious to health. Legal Rights: The Narcotic Drugs and Psychotropic Substances Act (NDPS), 1985, was enacted, inter alia, to curb drug abuse. The Act provides that the Government may establish centres for identification, treatment, education, after-care, rehabilitation, social reintegration of drug addicts. Further, the Government may also supply any nar

Rights of Older Persons

 The mandate of the Constitution is to ensure equality, freedom, justice and dignity of all individuals including older persons (or senior citizens). Article 41 of Part IV (Directive Principles of State Policy) is particularly relevant with regard to older persons. It states that the state shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want. Legal Rights: The Maintenance and Welfare of Parents and Senior Citizens Act (2007) was enacted to ensure need based maintenance for parents and senior citizens and their welfare. The Act provides for Maintenance of parents and senior citizens by children/relatives, which is made obligatory and justiciable through Tribunals Revocation of transfer of property by senior citizens in case of negligence by relatives Penal provision for abandonment

Rights of Disabled Person

Constitutional Rights: The mandate of the Constitution is to ensure equality, freedom, justice and dignity of all individuals, which implies an inclusive society for all, especially the disadvantaged. Article 41 is particularly relevant with regard to disabled persons. It states that the state shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement. The subject of “relief of the disabled and unemployable” is specified in List II (State List) of the Seventh Schedule of the Constitution. In pursuance of the above provisions of the Constitution, several legislations have been enacted by the Government. These legislations are specifically directed towards the protection, welfare, rehabilitation, empowerment and development of disabled persons. Legal Rights: The following legislations contain several rights and safeguards for t

Rights of Minorities

Constitutional Rights: The Constitution refers to two types of minorities, namely, religious minorities and linguistic minorities. However, the term ‘minority’ has not been defined anywhere in the Constitution. In 1993, the Central Government notified five communities, viz., Muslims, Christians, Sikhs, Buddhists and Zoroastrians (Parsis) as religious minorities at the national level. In January 2014, the Jain community was added to this list. A linguistic minority is a group of people whose mother tongue is different from that of the majority in the state or part of a state. This means that linguistic minorities are determined on a state-wise basis. The Constitution contains special provisions to safeguard the social, educational and economic interests of the minorities. Some of these are common to both religious minorities and linguistic minorities while some others are meant exclusively for linguistic minorities. Hence, these provisions are mentioned here under two headings. Religiou

Rights of Backward Classes

 Constitutional Rights: The rights and safeguards embodied in the constitution for the backward classes (BCs) are mentioned below: The State is permitted to make any special provision for the advancement of any socially and educationally backward classes of citizens (Article 15(4)). The State is empowered to make any special provision for any socially and educationally backward classes of citizens regarding their admission to educational institutions including private educational institutions (whether aided or unaided by the state), except minority educational institutions (Article 15(5)). The State can provide for the reservation of appointments or posts in favour of any backward class which is not adequately represented in the state services (Article 16(4)). The State is directed to promote with special care the educational and economic interests of the weaker sections of the people and protect them from social injustice and all forms of exploitation (Article 46). The tribal welfare

Rights of SC and STs

 Constitutional Rights: The Constitution contains various provisions which provide for several rights and safeguards for the scheduled castes (SCs) and the scheduled tribes (STs). While most of these provisions are common to both SCs and STs, some are exclusively meant for either of these two (SCs and STs). The constitutional rights and safeguards of SCs and STs can be classified into the following categories: Social Rights and Safeguards Educational/Economic Rights and Safeguards Service Rights and Safeguards Political Rights and Safeguards Administrative Rights and Safeguards. Social Rights and Safeguards: Untouchability is abolished and its practice in any form is forbidden (Article 17). Traffic in human beings and forced labour are prohibited (Article 23). The State is empowered to throw open Hindu religious institutions of public character to all classes and sections of Hindus (Article 25(2)(b)). The right to move freely throughout the territory of India and the right to reside an

Rights of Children

The rights available to children can be classified into two categories, namely, constitutional rights and legal rights. Constitutional Rights: The constitutional rights and safeguards provided to children are mentioned below. The state is empowered to make any special provision for children. In other words, this provision enables the state to make affirmative discrimination in favour of children (Article 15(3)). The state shall provide free and compulsory education to all children of the age of six to fourteen years (Article 21-A). Traffic in human beings, and forced labour are prohibited (Article 23(1)). No child below the age of fourteen years shall be employed in any factory, mine or any other hazardous occupation (Article 24). The state is required to ensure that children of tender age are not abused and that they are not forced by economic necessity to enter vocations unsuited to their age (Article 39(e)). The state is required to ensure that children are given opportunities and f

Rights of Women

The rights available to woman can be classified into two categories, namely, constitutional rights and legal rights. The constitutional rights are those which are provided in the various provisions of the constitution. The legal rights, on the other hand, are those which are provided in the various laws (acts) of the Parliament and the State Legislatures. Constitutional Rights: The rights and safeguards enshrined in the constitution for women are as follows: The state shall not discriminate against any citizen on the ground of sex (Article 15(1)) The state is empowered to make any special provision for women. In other words, this provision enables the state to make affirmative discrimination in favour of women (Article  15(3)) No citizen shall be discriminated against or be ineligible for any employment or office under the state on the ground of sex (Article 16(2)) Traffic in human beings and forced labour are prohibited (Article 23(1)) The state to secure for men and women equally the

Human Rights in India

 The constitution of India has a rich content of human rights. The preamble, the Fundamental Rights and Directive Principles of State Policy reflect the principles and provisions of the Universal Declaration of Human Rights(1948) . The four ideas of the preamble are aimed at the promotion of human rights. They are as under: Justice is social, economic and political spheres. Liberty of thought, expression, belief faith and worship. Equality of status and opportunity. Fraternity assuring the dignity of the individual. The fundamental rights under Part-III of the Constitution contain an elaborate list of civil and political rights divided into six categories: Right to equality. Right to freedom. Right against exploitation. Right to freedom of religion. Culture and education rights. Right to constitutional remedies. The Directive Principles of Sate Policy in Part-IV of the constitution comprise economic, social and cultural rights. They can be classified into three broad categories, viz.,

Universal Human Rights

Human rights are those rights are entitled merely by virtue of being humans. They are inalienable and inviolable rights of all human beings. They derive from the inherent dignity of human beings. They are essential for human survival and human development. Universal Declaration of Human Rights: The Universal Declaration of human rights was adopted by the UN General Assembly in 1948. This declaration represents the first international expression of human rights to which all human beings are entitled. It is described as the 'In6ternational Magna Carta'. The first two articles contain the basic principles underlying all human rights. They, state as follows: Article 1: All human beings are born free and equal in dignity and rights. Article 2: Everyone is entitled to all human rights and freedoms, without distraction of any kind such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other states. Articles 3 to 21 co