unit ii human rights
TRANSCRIPT
Fundamental Rights - Meaning
• Basic human freedoms which every Indian
citizen has the right to enjoy for a proper and
harmonious development of personality
Fundamental Rights – Part III of the Indian Constitution
• 'Part III - Fundamental Rights' is a ‘Charter of
Rights’
• Bill of Rights - a list of the most important
rights of the citizens of a country)
Fundamental Rights - Examples
• Equality before Law
• Freedom of Speech and Expression
• Peaceful Assembly
• Freedom to Practice Religion
• Right to Constitutional Remedies for the
Protection of Civil Rights
Violation of these rights result in punishments as prescribed in the Indian Penal Code, subject
to discretion of the judiciary.
Habeas Corpus
• it is a writ (legal action) which requires a
person under arrest to be brought before a
judge or into court.
• This ensures that a prisoner can be released
from unlawful detention
1) Right To Equality
• Equality before law,
• Prohibition of discrimination on grounds of
religion, race, caste, sex or place of birth,
• Equality of opportunity in matters of employment,
• Abolition of untouchability
• Abolition of titles.
2) Right To Freedom
• Speech and expression
• Assembly
• Association or union or cooperatives, movement
• Residence
• Right to practice any profession or occupation
• Right to life and liberty
• Right to education
3. Right Against Exploitation
• Prohibiting all forms of forced labour,
• Child labour
• Traffic in human beings
4) Right To Freedom of Religion
• Free profession practice
• Propagation of religion
• Freedom to manage religious affairs
• Freedom from certain taxes
• Freedom from religious instructions in certain
educational institutes.
5) Cultural And Educational Rights
• Freedom to conserve their culture language or
script
• Right of minorities to establish and administer
educational institutions of their choice.
7) Right to education which ensures that children up to the age of 14 get education. It
can also be free of cost.
• Guidelines to the central and state governments of India
• To be kept in mind while framing laws and policies.
• They are not legally enforceable
• The main legislation on procedure for administration of substantive criminal law in India.
• approved in 1973 came into force on 1 April, 1974.
• It provides the machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused person and the determination of punishment of the guilty.
• The Act consists of 484 sections, 2 schedules and 56 forms.
• The sections are divided into 38 chapters.
1. Cognizable and Non-cognizable Offences
• Cognizable – Those offences for which a police officer may
arrest without court mandated warrant in accordance with the first schedule of the code.
• Non-cognizable Offences – Non-cognizable cases the police officer may arrest
only after being duly authorized by a warrant.
2. Summons case and warrant case
• Summons case – A magistrate taking cognizance of an offence is to
issue summons for the attendance of the accused if the case is a summons case.
• warrant case – If the case appears to be a warrant case, he may
issue a warrant or a summons as he sees fit.
3. Bailable and Non-Bailable
• Bailable – Bailable offences are offences listed under the
First Schedule
• Non-Bailable – All other offences are non-bailable
Functionaries under the code
Magistrates and judges of the
Supreme Court and High Court
Police
Public prosecutors
Defense Counsels
Correctional services
personnel
What is Civil Rights?
• Any right accumulate to a person by reason
of the abolition of ‘untouchability’ by article
17 of the constitution.
Importance of this Act
• This Act prescribes punishments for enforcing religious disabilities
on the ground of untouchability
• The Central Government has been empowered for the implementation of the Act
• Example:
– preventing any person from entering any place of public worship which is
open to other persons professing the same religion or any section of the
religion.
• Enacted by the parliament of India to prevent
atrocities against SC & ST people
• popularly known as ‘POA’, ‘the SC/ST Act’,
the ‘Prevention of Atrocities Act’, or simply
the ‘Atrocities Act’.
Salient Features
• Divided into three different categories Provisions of criminal law - establishes criminal liability
for defined atrocities
Provisions for relief and compensation
Provisions that establish special authorities for the
implementation and monitoring of the act
• It is a multilateral treaty adopted by the
United Nations General Assembly on
December 16, 1966, and in force from March
23, 1976.