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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Revisiting Articles 341 to 343 of the Indian Constitution: The Modern Paradigm of Reservations and Minority Rights

Revisiting Articles 341 to 343 of the Indian Constitution: The Modern Paradigm of Reservations and Minority Rights



Introduction


Articles 341 to 343 of the Indian Constitution encompass provisions related to the Scheduled Castes (SCs), Scheduled Tribes (STs), and the Anglo-Indian community. These articles were designed to rectify historical injustices and promote the social inclusion of marginalized communities. As India advances into the modern era, it becomes imperative to reevaluate these provisions in light of contemporary challenges and evolving notions of justice and equality.


Article 341: Scheduled Castes


Article 341 provides for the President to specify the castes, races, or tribes that shall be deemed as Scheduled Castes. Historically, this provision has been fundamental in ensuring affirmative action for these communities.


Case Law: The Dynamic Landscape of Scheduled Castes

The case of M. Nagaraj v. Union of India (2006) underscores the importance of Article 341. The Supreme Court reaffirmed the need for reservations for SCs while also emphasizing that these provisions should not compromise the efficiency of administration. In the modern era, Article 341 remains relevant to address persisting social and economic disparities among SCs.


Article 342: Scheduled Tribes


Article 342 authorizes the President to specify the tribes or tribal communities that shall be deemed as Scheduled Tribes. This provision is essential to safeguard the interests and rights of STs.


Case Law: Article 342 and Protecting Tribal Rights

In the case of Samatha v. State of Andhra Pradesh (1997), the Supreme Court recognized the significance of Article 342 in protecting the rights of STs. The Court upheld tribal land rights, emphasizing the importance of safeguarding their resources and traditional livelihoods. In the modern era, Article 342 continues to be vital in preserving the unique cultural and ecological heritage of tribal communities.


Article 343: Official Language of the Union


Article 343 designates Hindi as the official language of the Indian Union. However, it recognizes the importance of the English language for official purposes until a decision is made to discontinue its use.


Case Law: English Language and Governance

In Kashi Prasad Jayaswal Research Institute v. State of Bihar (2015), the court highlighted the continuing relevance of Article 343 regarding the use of the English language for official purposes. The judgment emphasized that while Hindi is the official language, English remains crucial in ensuring effective communication in an increasingly globalized and multilingual society.


Conclusion


Articles 341 to 343 of the Indian Constitution symbolize the nation's commitment to rectify historical injustices, protect minority rights, and ensure social justice. However, as India progresses in the modern era, it is imperative to periodically reevaluate these provisions to align them with contemporary realities and evolving notions of justice.


The case laws discussed in this article underscore the continuing relevance of these articles, emphasizing the need for a balanced approach that preserves social justice and minority rights while ensuring efficiency in governance. As India's legal system and policymakers engage in this ongoing discourse, they must strive to foster a society that is inclusive, equitable, and reflective of the constitutional values of justice and equality.

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