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THE CONSTITUTION (PART I) 83
THE CONSTITUTION
ANDFUNDAMENTAL RIGHTS AND DUTIES
(PART 1)
The Constituent Assem bly
The history chapters tell us about
Indias struggle for freedom and
how d i f f e r en t g roups were
protesting against British rule.
They wanted the British to leave
India. T hey wanted India to be a
free country.
Wha t were the grievances that
the Indians had about the wa ythey were ruled under the BritishSystem of Administration?
Along with this struggle for freedom there was
anot her qu estion discussed b y people involved in
the Freedom M ovement . Th is was: W hat shou ld
be th e form of governmen t after th e British leave?
Should we go back to the rule of the kings, as
some of our old rulers are suggesting?
While most people agreed that we should have
our own rule, people had d ifferent op inions about
what kind of government we shou ld have. Some
people thought that most of the powers should
be with t he Panchayats. O thers believed t hat t he
Prime Minister or President should have more
power. Should we have elections? Should we have
the same rules for everyone? H ow should we collect
taxes? W hat kind of life do we want for everyone
in the country?
In order to decide on such q uestions and visualise
the future of our country, a group of people, calledth e Con stituent Assembly was elected. Its task was
to write the Constitution the document that
gives the basic laws and principles by which the
country will be governed. The Constituent
Assembly had 299 members from all parts of the
coun try. T hey held long discussions on every point
that was to be put in the Constitution. These
discussion s went on for th ree years.
A t the s t roke o f the midn igh t hour , when the wor ld s leeps , Ind ia w i l la w a k e t o l i f e an d f r e e d o m. T h i s w a s h o w Ja w a h a r l al N e h ruaddressed the midn igh t sess ion o f the Cons t i tuen t Assemb ly in De lh ion the n igh t o f 14 th Augus t 1947 .
CHAPTER 8
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Gandhi who is the main exponent of untouchability, has
used it in various ways and on different occasions with differ-
ent meanings. So when we are going to use the word un-
touchability, we should be very clear in our mind as to what
we really mean by it. What is the real implication of this
word?
I think we should make no distinction between untouchabil-
ity and caste distinction, because as Mr.Thakur has said,
untouchability is merely a symptom, the root cause is caste
distinction and unless and until the root cause, that is caste
distinction is removed, untouchability in some form or other
is bound to exist and when we are going to have an indepen-
dent India, we should expect everyone to be enjoying equal
social conditions.
Srijut Rohini Kumar Chaudhury: ...[For] defining untouch-
ability, it may be clearly stated that:Untouchability means
any act committed in exercise of discrimination on grounds of
religion, caste or lawful vocation of life . . .
M r. K. Munshi: Sir, I oppose this amendment. The defini-
tion is so worded that if it is accepted,. it will make any
discrimination even on the ground of place of birth or caste
or even sexuntouchability.
M r. Dhirendra Nath Datta : Sir, it seems to me that whetherthe definition suggested by Mr. Rohini Kumar Chaudhury is
accepted or not, it is necessary that there should be some
definition put in. Here it is said thatuntouchabilityin any
form is an offence. A magistrate or a judge dealing with of-
fences shall have to look to the definition. One magistrate will
consider a particular thing to be untouchability, while another
magistrate may hold a different thing to be untouchability,
with the result there will be no uniformity on the part of the
magistracy in dealing with offences. It will be very difficult
for the judge to decide cases.
Moreover, untouchability means different things in different
areas. In Bengal, untouchability means one thing, while in
other provinces, it means an entirely different thing.
M r. President: I should like to draw the attention of the
House to clause 24 which says ...[that the] Union Legislature
shall make laws to give effect to those
provisions of this part which require
such legislation. . . [Therefore,] I take it
that the Union legislature will define the
worduntouchabilityso that the courts
might prescribe proper punishment.
[Eventually it was decided to leave the
definition of untouchibility up to future
law makers .]
CONSTITUENT ASSEMBLY OF INDIA VOLUME-IIITuesday, the 29th April, 1947
The Constituent Assembly of India met in the Constitution Hall, New Delhi, at half past Eight of the Clock,
Mr. President (The Honble Dr. Rajendra Prasad) in the Chair.
The Honble Sardar Vallabhbhai Patel: ...There were two
schools of thought in the Committee and there was a large
number of very eminent lawyers who could scrutinise every
word of every sentence, even commas and semi-colons, from
a very critical point of view.These two schools viewed the
matter from two different angles. One school considered it
advisable to include as many rights as possible in this Report-
rights which could straightaway be enforceable in a court of
law, rights in regard to which a citizen may without difficulty
go straightaway to a court of law and get his rights enforced.
The other school of thought considered it advisable to restrict
fundamental rights to a few very essential things that may be
considered fundamental. Between the two schools there was
considerable amount of discussion and finally a mean was
drawn, which was considered to be a very good mean. . . . the
two schools of thought . . . studied not the fundamental rights
of one country alone but of almost every country in the W orld.
They studied all the Constitutions of the world and they
came to the conclusion that in this Report we should include
as far as possible rights which may be considered to be rea-
sonable. On that there may be difference of opinion in this
House and this House is entitled to consider every clause
from a critical point of view and to suggest alterations, modi-
fications or omissions...
What does the word Fundamental mean?
Outline some of the ways by which the makers of the
Constitution decided upon the rights that were to be in-
cluded in the constitution?
... the debate continues...
M r. Promatha Ranjan Thakur: Sir, ... [A] point to which I
wish to refer is in relation to clause 6 regardinguntouchabil-
itywhere it is said that-
Untouchability in any form is abolished and the imposition
of any disability only on that account shall be an offence.
I do not understand how you can abolish untouchability with-
out abolishing the very caste system. Untouchability is noth-ing but the symptom of the disease, namely, the caste sys-
tem.... Unless we can do away with the caste system alto-
gether there is no use tinkering with the problem of untouch-
ability superficially.
S. C. Banerjee: Mr. President, the word untouchability
actually requires clarification. W e have been accustomed to
this word for the last 25 years, still there is a lot of confusion
as to what it connotes. Sometimes it means merely taking a
glass of water and sometimes it has been used in the sense of
admission of Harijans into temples, sometimes it meant
inter-caste dinner, sometimes inter-caste marriage. Mahatma
ForExtraReading atH ome...
Wouldyouliketofindouthowthepeoplein theConstituentAssem
blydecidedwhatthe
Constitutionshouldsay?Andwhyittooksolong?Youcangetanide
aoftheirdiscussions
fromthefollowing.AcommitteehadsubmittedaReportonFundam
entalRightsandthis
discussiontookplaceafterthat.
Rajendra Prasad
Sardar Patel
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THE CONSTITUTION (PART I) 85
Finally, th e Con stitut ion was adopt ed by mem -
bers of the Constituent Assembly on behalf of
all the people of India.
A b o v e i s t h e P r e a m b l e ( i n t r o d u c -t i o n ) t o t h e C o n st i tu t i o n . D o n tw o r r y i f y o u d o n t u n d er st an d a l lthe d i f f i cu l t w ords in the Preamb le .W e w i l l d i scuss som e o f them la ter.The words in boxes were added in1 9 7 6 .
Republic D ay
The Constitution came
into force on 2 6 January
1950, which has been
celebrated as Republic
D ay ever since.
Ja w a h a r l a l N e h ru si g n i n g t h e C o n st i t u t i o n
T he Constitution of India
T he Constitu tion d escribes how In dia is divided
into States and Union Territories. There aregovernment s at bo th levels. O ne at th e Cent re
(D elhi) for th e entire country and the oth er in
each State or Un ion Territory for that particu lar
state or Un ion Territory.
This was done because the members of the
Con stituent Assembly felt that Ind ia was a large
count ry and one government at the cent re would
not be able to solve the problems and look after
the interests of all the people and the different
regions.
The Constitution, therefore, also provides
specific powers for the governm ent at th e Centre
and at th e State level. You can read abou t this
l a t e r o n i n t h e c h a p t e r o n t h e C e n t r a l
Government.
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86 THE CONSTITUTION (PART I)
demos (people) + kratos (rule) =democracy, meaning rule by th e people.
In a democracy, people shou ld participate in t he
making and changing of government s. T hus, every
adult has the same power to vote. Whether a person
is rich or poor or belongs to a particular social
background does not matter . The Freedom
M ovement had h ighlighted the idea that all people
are equal.
The Constitution is to be followed by all the
people of India. In a democracy no individual
should be considered to be above the law, no
matter how high or important that person is.
T herefore wheth er it is th e Prime M inister, Chief
Justice, Presiden t o r any ot her h igh official, th ey
all have to follow the laws. T hey also have to m akesure that these laws are followed by all. The
Constitution tells in detail how these officials
shou ld fun ction.
T he C onstitution lays down the guidelines for all
laws made by the C entral and State governm ents.
All laws must be in line with t he C onstitution.
O ur C onstitution is very long. It has 395 Articles,
divided into 22 Parts. It has parts that discuss
Fund amental Rights and D uties,
th e Jud iciary (court s), election s,citizenship, official languages,
finance and trade, etc. It also
descr ibes how the
Constitution itself can be
changed.
Universal Adult Franchise
Franchise means th e right to vote.
Universal means that this right
applies to all adu lts in all of India.
Thus, the Constitution states that governments
in Ind ia are to be formed th rough election s. T hese
elections are based on the principle ofuniversal
adult franch ise. All elections in Ind ia for forming
governments at any level have to follow this
p r i n c i p l e ,
s ince i t i sstated in th e
Constitution.
D r . B . R . A mb e d k a r p l a y e d a ma jo rr o l e i n w r i t i n g t h e C o n s t i t u t i o n . H ew a s t h e C h a i rma n o f t h e c o mmi t t e eo f e i g h t p e o p l e w h o w r o t e t h e f i r s t
d r a f t o f t h e C o n s t i t u t i o n . T h e y
presented th is draf t to the Const i tuentA s s e m b l y f o r d i s c u s s i o n a n dm o d i f i c a t i o n . I n t h i s p h o t o D r .A m b e d k a r i s s e e n w i t h a g r o u p o f
d a l i t w o m e n a n d c h i l d r e n .
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THE CONSTITUTION (PART I) 87
FUNDFUNDFUNDFUNDFUNDAMENTAMENTAMENTAMENTAMENTAL RIGHTSAL RIGHTSAL RIGHTSAL RIGHTSAL RIGHTST he th ird part of the C onstitution is very important because it states our Fu nd amental Rights. It
is th e respon sibility of the governm ent to m ake sure th at n o on es Fun dam ental Right s are violated.
If you feel that someone or some organisation (or the government) has
violated your Fu nd amental Rights, then you can file a case against the
government in th e H igh C ourt or Supreme Co urt. You can charge
the governm ent with failing to protect your Fun dament al Rights.
T hese right s form t he basis for man y laws. Sometim es someon e feels
that a law has been passed by th e Cent ral or State G overnm ent t hat
is in violation of the Fundamental Rights stated in theConstitu tion . S/he can th en file a case against the governm ent
in the H igh C ourt or th e Supreme Court. Th e courts must
then decide whether or not the law is according to the
Constitution.
The Constitution has divided Fundamental Rights into six
sections. Let us study each one of them.
Last year we r ead about th e St at e
Governmentand theJudiciary.Nowwewilllearn
aboutourFundamentalRightsandDuties.
1. Right to EqualityT he C onstitution says that the governm ent shall
no t den y to any person equality before th e law or
equal protection of the laws. T his means that th e
laws apply in the same manner to all, regardless
of a persons incom e, status, backgroun d etc.
For example, if some official is found guilty of a
crime then he or she should be given the same
punishment as applies to any other person. No
one can claim special treatment because of his or
her class or background.
The Constitution also says that we should not
show any pre f e r ence or t r ea t some one
un favourably because of religion , race, caste, sex
or place of birth. It also specifies that no one
should be stopped from using public places such
as ho tels, shops, film halls, pub lic wells, tan ks and
bath ing ghats or stopp ed from o ffering prayers in
a place of pu blic worship.
Thus, people of any one religion have the same
rights as th e people of any oth er religion.
N O T E :
In t h e f o l l o w in g p a g e s ,the ph rases in qu otes areg iven in the same wordsas in the Cons t i tu t ion .
T h e S u p re me C o u r t ( i n N e w D e lh i ) .
Everyone is equa l be fo re the law.
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88 THE CONSTITUTION (PART I)
Reservation
Why does the Const i tut ion t ry to prevent
discrimination on the basis of caste? Because
peoples abilities and merits are not determined
by th eir caste. A baby born in a dalit family is no
different from a baby born in any other family.
Both children should therefore have an equaloppor tun ity to lead a good life. T he C onstitution
guarantees this right.
H owever, even m any years after the Co nstitu tion
had guaranteed this right, there is still a lot of
discrimination based on caste. For example, mo st
dalit children are not able to get an education.
D A L I T SI t i s necessary to id en t i fy w h ic h cas tes andt r ibes a re d isc r im ina ted aga ins t so tha t the i rr igh ts can be de fended . The Cons t i tu t ionre fe rs to these g roups (w hom w e usua l l y c a l ld alits) as Schedu led Cas tes and Schedu ledTr ibes (SC/ST). Schedu le m eans l i st .
Get t ing a Job
M anoha rlals s on recent ly cleared his B.Teche xa m i na t i on f r o m K ur u k s h e t r a R e g io n a lEngineering College and st ood 6 t h in his college.
M a n y l a r g e c o m p u t e rcompanies came t o h isc o l l e g e f o r c a mp u sint erviews and he appliedfor many jobs. However, he
was not selectedfor any job. On
t h e o t h e r
h a n d , h i sc l a s s -m a t e sw i t h
l o w e rg r a d e s w e r e
e a s i l y s e le c t e d .M anohar lal looked at h is s ons bio-dat a. I tshowed an excellent record. Aft er some t hought ,he advised his s on t o remove t he ment ion of hisscheduled caste s ta tus . H is son made thec h a n ge a n d s e n t h is a p p lic a t io n t o m o r e
companies. This t ime ma ny of t he compa niest hat int erviewed him offered a job!
Thefollowingisanactualexample of the widespreaddiscrimin ation that dalitstudentsface.
Wha t kinds of rights to equa lity does theConstitution ensure ? Give examples. What doesthe Preamb le to the Constitution say aboutequality?
Discuss whether you th ink each of the followingis a violation of the Fundam ental Right toEquality. Also discuss whether you think it is rightor wrong to do such th ings.
In some hom es separa te utensils are kept tobe used by people of certain communities.
While filling wa ter from a public source somepeople object if the vessel of another persontouches their pots.
In some villages particular comm unitiescann ot organise a baraa t procession
through the main streets of the village.
If you want to rent a house, the houseownersare keen to know your caste and religion.
Some comm unities are never provided a placeto live within the village but a lways outside.
In som e schools, certa in children are no tallowed to serve wa ter because they belongto a particular caste.
M embers of some communities do not go tomany places of worship because they fear thatthey will be ill treated or bea ten up.
The Constitution specifies that there should be
equality of opport un ity for all citizens in m atters
relating to employment and that n o one should
be discr iminated against on the grounds of
religion, caste, sex, p lace of birth etc. Th is means,
for example, that girls cannot be denied training
as airplane pilots even thou gh some employer mayfeel that girls are no t suited for the job of pilots.
T he C onstitution clearly states, Un touchability
is abolished and its practice in any form is
forbidden.
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2. Right to Freedom T he C onstitution lists many kinds of things that
we as ind ividuals, are free to do. T his means th at
no one should stop us from having th ese freedom s.
However, along with freedoms there are some
restrictions, i.e. some things that we are notsupposed to do. Let us discuss some of these
freedom s and restrictions.
Freedom of speech and expression
Citizens are free to express their views in many
ways such as through meetings, publications,
plays, pain tin gs etc. H owever, there are som e
restrictions, too. For example, there are laws
forbidding people to publicly tell others to rebel
against the government. Laws also forbid people
to publicly defame others (to publicly say false
and m ean t hings about someon e that will damage
that persons reputation).
Freedom to assemble peacefully and
without arms
People have the right t o come together or assemble
for many reasons such as to hold meetings about
th eir right s, to discuss th eir problems or business
issues, to exchange ideas and share views etc.Everyone a lso has the r ight to car ry out
demonstrations, public meetings and rallies.
H owever, th ere are some restrictions on t his right
for example, any assembly shou ld be cond ucted
in a peaceful manner without the display or use
of arms. Similarly, when ever a dem onstration or a
rally is organised, prior permission from the
admin istration n eeds to be taken.
In order to overcome discrimination on the b asis
of caste, the government has made laws for
reservation of jobs and seats in higher education
to scheduled castes and tribes. For example,
medical colleges must adm it a certain percentage
of stud ents who belong to SC/ ST.
Reservation has been mad e in order to give people
belonging to SC/ ST th e same opportu nities that
oth er people have. Without reservation they would
have almost n o chance of getting certain kind s of
jo bs. T h us, reser vat io n does n ot give people
belonging to SC /ST an advantage over oth ers - it
merely removes a disadvantage.
H owever, the laws for reservation are no t always
enforced. Discrimination has persisted. Even
thou gh 24% of the total population belongs to SC/ST, only 13% of the best jobs in governm ent and
only 2% of all university and college teachers
belong to SC/ ST.
I F WE ARE ABLETO GO TO SCHOOL,WE MAY NOT BETREATED AS WELL ASOTHER STUDENTS,J UST BECAUSE WEARE DALI TS. EVEN I FWE MANAGE TOFI NI SH SCHOOL ANDPOST GRADUATI ON,AND DO WELL I NEXAMS, WE DONTGET AS HI GH PAYI NG
J OBS AS OTHERS.
A p e a c e fu l r a l l y o f p e o p le d e ma n d in g t h e r i g h tto be rehab i l i ta ted be fo re be ing d isp laced f romthe i r v i l l ages due to the cons t ruc t ion o f a dam.
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90 THE CONSTITUTION (PART I)
Freedom to move freely throughout
the territory of India
Citizens are free to m ove in any part of the coun try.
H owever, th e governmen t m ay impose som e
restrictions. For example, in some border areas th e
government thin ks that free movement is posing
problems for the security of the country. In such
a situation restrictions on movement may be
imposed.
Freedom to reside and settle in any
part of the territory of India
Any Indian can reside or seek employmen t in any
part of the country. Let us read an example of a
case related to th is freedom.
Freedom to form associations or unions
People are free to form man y kinds of associations - cultu ral groups,
business associations, trade unions etc. For example, you may
have heard that m any factories have workers un ions. These un ions
hold meetings to discuss their problems. They make
demands to the officers of the factory and at times
may also organise a strike in the factory.T hu s, the un ion protects the rights of the
workers.
In spite of th e right to form associations,
in many factories the employers do not
allow th e workers to do so. In some cases
they make workers sign a bond that they
will not join a union. Workers may also
face the threat of being fired. Since so
many people in our count ry a r e
unem ployed or do not find enough work,no one wou ld like to lose a regular factory
job . H ence man y peop le do not protest
against this loss of freedom.
What about Slum Dwellers?There are m any cit ies like M umba i, Kolkat a, andDelhi where large numbers of people from faroff villages com e in sea rch of jobs. They do notget jobs very ea s ily. They us ually work as da ilywage labourers wherever t hey find work. S incet hey do not find proper places t o st ay, t hey liveon roadside pavement s or places near ra ilway
tracks.
M a n y y e a r s b a c k , t h e M u m b a i M u n i c i p a lCo r po r a t io n t r ie d t o r emo ve s o me 5 0 , 0 0 0people who had been living on t he pavement s. Itbegan t o dest roy t heir shelt ers. In 19 8 2 a casewas fi led in t he Supreme Court against t hisact ion. While t he case was pending, t he peoplecould not be removed.
A n a c t i v i st o f a f arm w o rk e rs u n i o n c a l l e dM a z d o o r K i sa n Sa n g ra m Sa m i t i d e l i v e r i n ga speech in Arwa l , B iha r .
Wha t associations are there in your area?
Why are workers unions formed? What problems
do they face?
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THE CONSTITUTION (PART I) 91
Wha t is the difference between t he role ofthe police and tha t of t he court? Can yourecal l t his discussion from th e Class 7 cha pter on Law - Courts and Justice?
Why is it essentia l tha t a n ar rested per sonbe produced in a court within 2 4 hou rs?
Why do people want to move a nd sett le invar ious part s of the country?
Wha t is the responsibility of the governm ent toworkers who are a ble to find some w ork in thecity but dont ha ve a proper place to live?
If there w ere no slums in cities, how m ight thisaff ect the lives of city dw ellers?
Theslumdwellersshould not beremoved fromtheir homes
until theyaregivenanalternative space tosettle. Alarge
numberof constructionworkerscomefromoutside the
ci ty and provid e labourto bui ld houses. It isthe
responsibilityofthe Municipal Corporation toprovidespace
for peopleto settle. Since nearlyfifty percent ofthe
population of Mumbai livesonunauthorised landthereis
agreatfailureonthepart oftheplanningauthoritiesto
provide adequate and lawfulspaceforpeople.Iftheyare
forciblyremovedfromthepavementsthen it isa violation
oftheir fundamental right offreedomtosettle inany place
inIndia.
In 19 8 5 t he Supreme Court reached a decision,sa ying We hold t hat no person has t he rightt o encroach, by erect ing a st ruct ure or ot herwiseon foot pat hs, pavement s or any ot her placereserved or earmarked for a public purpose.However, it furt her ordered t he government t oma ke provisions for t hose people who had beenliving t here for a long t ime t o be set t led in ad i f f e r e n t p l a c e b e f o r e d e s t r o y in g t h e ir
pavement dwellings.
Here is what the lawyers for the slum dwellersargued:
H o m e s n e x t t o r ai l r o a d t r ac k s i n M u m b a iFreedom to practice any
profession or carry on any
occupat ion,trade or
b u s i n e s s .
All Indian citizens have
the freedom to choose
the type of job
they wish.
N o o n e
should
f o r c e
someone tot a k e u p a
particular job.
Protection against arrest and
detention in certain cases
The police may arrest a person if they think the
person has comm itted a serious crime. H owever, it
is everyones fun dam ental right to know why they
have been arrested and to be produced in court
within 24 hours. It is the duty of the police to inform
th em of the reasons for th eir arrest.
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Protection of l ife and personal
liberty
Every ind ividu al has a right t o live and a right to
be free. T his right is guaranteed in the Con stitution
as a fun dam ental right. It is th e responsibility of
the government to p rotect th e life of all individuals.
W hen there is a threat t o ou r lives, for examp le in
a riot or dacoity, the police have to provide
protection. If the police fail to do so we all have
the right to fight against th is in th e court .
Along with p rotection of life we have the freedom
to live our life as we desire. This is the right to
personal liberty. H owever, according to th e laws,
personal liberty can sometimes be taken away
for example by arresting people, by pu ttin g people
in jails, etc. In extreme cases, even life can be
taken away by a judge awarding a death sent ence
to a person wh o has comm itted mu rder.
This c lass in a rura l school is be ing heldo u t d o o r s b e c a u s e o f a s h o r t a g e o fc lassroom s. D o these ch i ld ren h ave a r igh tto a c lass room?
Right to Education
The Parliament has recent ly passed a new add ition
t o t h e C o n s t i t u t i o n ( a n a m e n d m e n t ) , t h e
fundamental right to education. It has made
education for all children from th e age of 6 to 1 4
a fundamental right. This makes it necessary for
the government to arrange for schools and forparents to see to it that their children attend schools
regularly. Th is right has been add ed because people
feel that all children should h ave the opportunity to
study, learn about the world aroun d th em, acquire
skills to express themselves and make creative
contributions to society, and have more opportun ities
for their future.
Wh at a re the differ ent typ es of schools you
see in your area ? Why do you think thereare such differen t types of schools?
Are there some children who dont go t oschool at all? Why?
Are all schools availa ble to all children?Do a ll children who live around your a rearea l ly have an equa l opportuni ty to be educated in a simila r m an ner? Discuss.
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7/30/2019 08 the Constitution and the Fundamental Rights and Duties (Part I)
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THE CONSTITUTION (PART I) 93
EXERCISES1. How and w hen was the Constitution written?
2. Wha t does the Constitu tion discuss besides Funda men ta l Rights?
3. Suppose someone ha s built a house by encroaching on land wh ich is a pa rt of a roa d. Can th at
person claim t hat the hou se should no t be destroyed by the municipal corpor at ion because everyonehas a right to settle anywhere in India?
4. Suppose the government got a new w ell dug in a village. If some da lits are stopped from using thiswell, which Fundam ental Rights are being violated?
5. Wha t do you think would happen if the Fundam ental Right to equality was not in the Constitution?
6. A number of years ago some Indian airlines had a rule that a ir hostesses (wom en who t ake care ofthe needs of passengers on aeroplanes) would loose their jobs if they got married. Was thisaga inst t heir Fundam enta l Rights? Explain.
A Case AgainstLife and PersonalLibert y
A s e s s i o n s j u d g e w a shearing a case against ap e r s o n b y t h e n a m eB h o m a C h a r a n O r a o n .Suspect ing that Bhoma
w a s s u f f e r i n g f r o m ament al il lness, he was sent t o a ment al asylumf o r t r e a t m e n t . A f t e r Bh om a s s t a y in t h em e n t a l a s y l u m f o r s i x m o n t h s , t h esuper in t endent o f t he asy lum in formed t hec o ur t t h a t h e wa s w ell en o ug h t o b edischa rged. The judge however did not t akenecessary steps to release him. Bhoma hadt o live t here for six more years .
Letsread about
an actu al situ at ion
wh ereth er ight t o
personallibertyhad
beenviolated.
A c a s e w a s f i l e d a g a i n s tB h o ma s d e t e n t i on in t h eS u p r e m e Co u r t . I t wa sp r o ve d in t h e co u r t t h a tt h e r e w a s a v i o l a t i o n o fB h o ma s r i g h t t o l if e a n dp e r s o n a l li be r t y. T h eSupreme Court ordered t hes t a t e g o v e r n m e n t t o p a yRs. 15 ,0 0 0 as compensat iont o B h o m a . T h e S u p r e m eC o u r t a l s o s a i d i n i t sj u d g m e n t t h a t n o n e o ft h e s e c o mp e n s a t i o n s c a nact ually compensat e t he sixyears of l i fe that had beenl o s t t o B h o m a - w h o h a sbeen t urned t o a living dead
si t uat ion.
Discuss the meaning of the fo l lowingphra ses in your cla ss:per sona l libe rt y; m enta l asylu m; liv ingdead.
Write in your own words: How w as there av iolat ion of Bhoma Charans right to l i fe and personal liberty?
The Preamble t o th e Constitution says thatthe Gov e r nme nt ha s to ma k e s ur e a l l
citizens ha ve certa in kinds of libert y. Afterreading about some of the fundam enta l rights to freedom, can you explain what thePream ble m eans by liberty?