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...
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Safeguarding Tribal Rights: Exploring Articles 328 to 332 of the Indian Constitution

Safeguarding Tribal Rights: Exploring Articles 328 to 332 of the Indian Constitution



Introduction :

Articles 328 to 332 of the Indian Constitution are pivotal in safeguarding the rights and interests of tribal communities. These articles recognize the unique socio-cultural identity of tribal populations and aim to protect their distinctiveness, land rights, and promote their overall welfare. In this article, we will delve into a comprehensive discussion, exploring the significance of these articles in the modern era and analyzing relevant case laws that shed light on their application and relevance in contemporary India.


Article 328: Reservation of seats for Scheduled Tribes in the Legislatures :

Article 328 provides for the reservation of seats for Scheduled Tribes (STs) in the State Legislative Assemblies and the Parliament of India. This provision ensures political representation for STs and acknowledges their underprivileged position in society. The case of R.C. Poudyal v. Union of India highlights the importance of Article 328 in securing political empowerment for tribal communities. The Supreme Court, in this case, emphasized that the reservation of seats for STs is an essential measure to address historical discrimination and ensure their effective participation in the legislative process.


Article 329: Reservation of seats and special representation to cease after a specified period :

Article 329 deals with the reservation of seats and special representation in legislative bodies, and it states that such provisions shall cease to have effect after a specified period. However, it is important to note that this provision does not apply to the Scheduled Tribes. The objective behind Article 329 is to ensure that reservation and special representation are not permanent measures but are reviewed periodically to assess their continued necessity.


Article 330: Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the  People :

Article 330 provides for the reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the House of the People (Lok Sabha). This provision guarantees representation for marginalized communities and ensures their participation in the highest legislative body in India. The case of Indra Sawhney v. Union of India (commonly known as the Mandal Commission case) is of significance here. The Supreme Court, in its judgment, upheld the constitutional validity of reservations for SCs and STs in the Lok Sabha, emphasizing the need to rectify historical injustices and promote social justice.


Article 331: Representation of the Union territories in Parliament :

Article 331 deals with the representation of Union territories in the Parliament of India. It grants the President the power to nominate members for representation in the Lok Sabha. While there may not be specific case laws directly related to Article 331, its provisions ensure that the Union territories have a voice in the national legislature, enabling their concerns and interests to be addressed at the central level.


Article 332: Reservation of seats for Scheduled Tribes in the Legislative Assemblies of the States :

Article 332 mandates the reservation of seats for Scheduled Tribes (STs) in the Legislative Assemblies of the States. This provision aims to provide political representation and empower tribal communities at the state level. The case of M. Nagraj v. Union of India is relevant in understanding the implementation and scope of Article 332. The Supreme Court, in this case, upheld the constitutional validity of the reservation of seats for STs in the Legislative Assemblies and emphasized that the provision is essential for the protection of tribal rights and their participation in the democratic process.


Conclusion :

Articles 328 to 332 of the Indian Constitution play a vital role in safeguarding the rights and welfare of tribal communities. Through relevant case laws, we have witnessed the significance of these provisions in ensuring political representation, social justice, and the preservation of tribal identity. As India progresses in the modern era, it is crucial to uphold and strengthen the implementation of these articles, addressing historical injustices and promoting inclusive development for tribal populations. By recognizing and protecting the distinctiveness of tribal communities, we can build a society that cherishes diversity and provides equal opportunities for all.

Location: Pune, Maharashtra, India

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