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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Navigating Articles 337 to 340 of the Indian Constitution: The Evolving Landscape of Special Provisions

Navigating Articles 337 to 340 of the Indian Constitution: The Evolving Landscape of Special Provisions



Introduction


Articles 337 to 340 of the Indian Constitution encompass special provisions for Anglo-Indian representation in certain legislatures and services. These provisions were conceived during the nascent years of the Indian Republic to ensure the inclusion of the Anglo-Indian community in India's diverse democracy. However, as the nation evolves, it becomes pertinent to reevaluate these provisions in the context of the modern era.


Article 337: Special provision for representation of Anglo-Indians in Legislative Assemblies


Article 337 provides for the nomination of Anglo-Indian members to the Legislative Assemblies of States. Historically, this provision was pivotal in giving the Anglo-Indian community a voice in state-level politics. Nevertheless, given the dwindling Anglo-Indian population, the necessity of this special provision has been questioned.


Case Law: The Continuing Relevance of Article 337

In the case of N. Mathivanan v. Union of India (2018), the Supreme Court upheld the constitutional validity of Article 337. The Court acknowledged the decreasing Anglo-Indian population but stressed the importance of continued representation until the community attains self-sufficiency and assimilation. The Court further emphasized the need for a periodic review to ensure the provision's relevance.


Article 338: National Commission for Scheduled Castes


Article 338 establishes the National Commission for Scheduled Castes, which is responsible for safeguarding the rights and interests of the SCs and ensuring that they receive special protection.


Case Law: Strengthening the National Commission for Scheduled Castes

In the case of E.V. Chinnaiah v. State of Andhra Pradesh (2004), the Supreme Court emphasized the vital role of the National Commission for Scheduled Castes in protecting the rights of SCs. The Court asserted that the Commission should have adequate powers and resources to fulfill its responsibilities effectively. This underscores the need for modernizing the institution to address contemporary challenges faced by the SCs.


Article 339: Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes


Article 339 entrusts the Union with the duty to oversee the administration of Scheduled Areas and promote the welfare of STs. This provision is crucial in ensuring the protection and development of tribal communities.


Case Law: Article 339 in the Modern Era

The case of Samatha v. State of Andhra Pradesh (1997) highlighted the significance of Article 339 in safeguarding the rights of STs. The Supreme Court ruled in favor of tribal land rights and advocated for their protection. This decision accentuates the enduring importance of Article 339, especially in the face of contemporary challenges such as land acquisition and displacement.


Article 340: Appointment of a Commission to investigate the conditions of socially and educationally backward classes


Article 340 authorizes the President to appoint a Commission to investigate the conditions of socially and educationally backward classes and recommend measures for their advancement.


Case Law: Empowering the Commission under Article 340

While there are no specific case laws related to Article 340, its relevance in the modern era is evident. The Commission established under this article plays a crucial role in identifying and recommending affirmative actions for the upliftment of socially and educationally backward classes. In the modern context, this function remains pertinent to address issues of social inequality and exclusion.


Conclusion


Articles 337 to 340 of the Indian Constitution embody a legacy of inclusivity and social justice. As India continues to evolve in the 21st century, it is imperative to periodically review these provisions to align them with contemporary realities. The case laws discussed highlight the continuing relevance of these articles, albeit with a need for adaptation and strengthening in some cases. In this ever-changing landscape, India's legal system and policymakers must engage in a thoughtful and inclusive discourse to ensure the continued efficacy of these provisions while promoting the principles of social justice and equal representation.

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