Sunday, 4 September 2011

Human Rights Protection in India 2

Fundamental rights for Indians have also been aimed at overturning the inequalities of pre-independence social practices. Specifically, they have also been used to abolish approachability and hence prohibit discrimination on the grounds of religion, race, caste, sex, or place of birth. They also forbid trafficking of human beings and forced labor. They also protect cultural and educational rights of ethnic and religious minorities by allowing them to preserve their languages and also establish and administer their own education institutions.

Right to equality is an important right provided for in Articles 14, 15, 16, 17 and 18 of the constitution. It guarantees Equality before law, Equal Protection of Law. It specifically does not allow the inequality against a citizen on the basis of caste, creed, color, sex, religion or place of birth.

The Constitution of India contains the right to freedom, given in articles 19, 20, 21 and 22, with the view of guaranteeing individual rights. The right to freedom in Article 19 guarantees the six freedoms including (a) Freedom of speech and expression, though the phrase, “freedom of press” has not been used in Article 19, but by way of judicial interpretation it has been held that freedom of expression includes freedom of press, (b) Freedom to assemble peacefully, (c) Freedom to form associations or unions, (d) Freedom to move freely throughout the territory of India, (e) Freedom to reside and settle in any part of the territory of India which is also subject to reasonable restrictions by the State in the interest of the general public or for the protection of the scheduled tribes because certain safeguards as are envisaged here seem to be justified to protect indigenous and tribal peoples from exploitation and coercion. Article 370 restricts citizens from other Indian states, (f) Freedom to practice any profession or to carry on any occupation, trade or business. The forgoing description of Article 19 indicates that this article does not only intend to include the freedoms but also aims at protection of other allied rights of all citizens.

The constitution also guarantees the right to life and personal liberty. This right includes other allied rights as protection with respect to conviction for offenses is guaranteed in the right to life and personal liberty, no criminal law can be made retrospective, that is, for an act to become an offense, the essential condition is that it should have been an offense legally at the time of committing it, no person accused of any offense shall be compelled to be a witness against himself also called as a safeguard against self incrimination, the other principle enshrined in this article is known as the principle of double jeopardy.

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