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Showing posts from April, 2023

Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces

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Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces The Supreme Court of India has suggested that the Union Government develop a comprehensive policy addressing the construction of feeding rooms and childcare facilities  in public places. This move aims to ensure that nursing mothers and their children can access basic amenities in a dignified and private manner, reinforcing their fundamental rights under the Indian Constitution. SC Encourages Policy Formulation A bench comprising Justice BV Nagarathna  and Justice N Kotiswar Singh  highlighted the absence of a structured framework to address this pressing issue. The court advised the Centre to propose a policy that could then be implemented across the states, scheduling the next hearing for December 10, 2024.   The apex court emphasized that before issuing formal directions, it was crucial to understand the Centre’s perspective on implementing the petitioner’s demand for childcare and feedi...

Fundamental Rights And Directive Principle State Policy

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 Fundamental Rights And Directive Principle State Policy Introduction The goal of the DPSP is to establish a "Welfare State." In other words, developing social and economic democracy in the state is the motivation behind the inclusion of DPSP rather than establishing political democracy.  These principles are "novel features," in the words of Dr. B. R. Ambedkar, of the Constitution. The DPSP serves as a guideline for the state and should be taken into account when creating any new laws or policies. However, since the DPSP is not justifiably, no one can compel the State to take into account and adhere to everything that is stated in it. Directive Principles of State Policy: Meaning and Genesis The DPSP concept was not created locally. Grandville Austin referred to the Directive Principles of State Policy (DPSP), which were derived from Article 45 of the Irish Constitution, as the "conscience of the constitution." Part IV of the Indian Constitution lists it....

Right to Constitutional Remedies

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 Right to Constitutional Remedies   Introduction In the event that a citizen's fundamental rights are violated, they may all petition the Supreme Court under Article 32 of Part III of the Indian Constitution. Dr. B R Ambedkar had stated, "If I were asked to name any particular Article in this Constitution as the most important — an Article without which this Constitution would be a nullity — I could not refer to any other Article except this one" in reference to a discussion on this fundamental right (in the draught, it is referred to as Article 25). It is both the heart and the soul of the Constitution. He said the rights invested with the Supreme Court through this Article could not be taken away unless the Constitution itself is amended and hence it was “ one of the greatest safeguards that can be provided for the safety and security of the individual”. The right to petition the Supreme Court for the enforcement of rights granted by Part III of the Constitution is prov...

The Indian Constitution's Articles 29 and 30 on the "Separate Domain" of Minority Rights and the Courts' Interpretations

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 The Indian Constitution's Articles 29 and 30 on the "Separate Domain" of Minority Rights and the Court's Interpretations  Introduction Because it is a multi-cultural and pluralistic society, India is a mosaic of diversity. We are proud of our history, our many different languages, faiths, and nationalities. At the moment of independence, our goal was to retain these unique identities while yet being a unified, secular nation. The creators of our constitution set about establishing the ultimate law of land with these lofty aspirations in mind, hoping that it would be in accordance with these utopian ideas. By ensuring for them social, economic, and political justice; liberty of thought, expression, belief, faith, and worship; and equality of status and opportunity, our founding fathers sought to ensure for all citizens of India the equal opportunity to develop. The diverse and democratic society of India is founded on these crucial tenets. They are necessary for creat...

Religious denominations under the Indian Constitution

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 Religious denominations under the Indian Constitution Invention Our lives are directly impacted by religion. The religious beliefs in this society are so extensive that they encompass every part of life, from conception to death, according to Dr. B.R. Ambedkar. Hinduism is frequently described as a way of life rather than merely a religion. Therefore, the basic freedom of religion is expressly granted by the constitution in Part III, Articles 25 and 26. This right is established in two ways: first, the individual's right to practice, profess, and spread their religion; and second, the denomination's or section's right. These unquestionably have limitations related to public morals, health, and order. Article 26 grants a religious group a collective right, whereas Article 25 is a personal right. In the constitution, it creates a complex junction of individual and group rights.Group rights refer to a religion's ability to function as a structured faith. Article clauses (...

Article 21: Protection of Life and Personal Liberty

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Article 21: Protection of Life and Personal Liberty According to Article 21 of the Indian Constitution :  " Protection of life and personal liberty No person shall be deprived of his life or personal liberty except according to procedure established by law." First Case: The Supreme Court's interpretation of the term "Law" as used in Article 21 in the A.K. Gopalan Case  Following the law's rules and procedures in good faith In the development of article 21, the first significant case was A.K. Gopalan v. State of Madras. The Preventive Detection Act was contested in this case. 1950: 'Procedure established by law' was interpreted strictly by the Supreme Court in this instance. In this case, it was determined that protection under article 21 is only available against the executive's arbitrary conduct, or against the procedure that has been established by legislation. This protection excludes the arbitrary legislative processes used to create laws.  T...

Rights of Transgender Persons Bill, 2014

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Rights of Transgender Persons Bill, 2014 Background The Bill was introduced in the Rajya Sabha by Dravida Munnetra Kazhagam leader Tiruchi Siva as a private member's bill. Some Bharatiya Janata Party leaders initially tried to convince Siva to withdraw the bill citing anomalies and impractical clauses. Minister of Social Justice and Empowerment Thawar Chand Gehlot said that some clauses of the bill were impractical and too complicated. He promised future policies to benefit transgender people while requesting the Bill to be withdrawn. Mukhtar Abbas Naqvi, Minister of State for Parliamentary Affairs, and P. J. Kurien of Indian National Congress also made a similar request made person by Gehlot or the house should support the bill. The bill was unanimously passed on 24 April 2015 in the Rajya Sabha, where the Opposition had the majority but also received support from the treasury bench. The move was welcomed by LGBT rights activist Simran Shaikh. Th...

Corporate Social Responsibility- A Business Accelerator for Inclusiveness

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Corporate Social Responsibility- A Business Accelerator for Inclusiveness 1. Introduction A large number of countries have decided to concentrate their policies on becoming entrepreneurship a generator of socioeconomic progress, and as a result, the private sector has produced growth rates, wealth, and profits that were previously unthinkable. Corporate offices increasingly dominate the skylines of major cities and, in advanced nations, have superseded religion as the new places of worship by putting the industry at the center of national concerns. Many national and regional governments are paralyzed by their debt loads, lack of revenue sources, increased civic obligations, and growing public anger and mistrust while having enabling laws and infrastructure funding that benefit the expanding private sector. While the state has historically been tasked with providing for the necessities of society, corporate power undermines and puts pressure on this responsibility. dividing up duties be...