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Showing posts from November, 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...

Unpacking Articles 351 to 354 of the Indian Constitution: A Modern Perspective

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Unpacking Articles 351 to 354 of the Indian Constitution: A Modern Perspective Introduction The Indian Constitution, a guiding beacon for the world's largest democracy, is a living document that has evolved with time to meet the changing needs of the nation. Articles 351 to 354 play a significant role in preserving India's cultural heritage, linguistic diversity, and the rights of minority communities. In this article, we will explore these articles, discuss their relevance in the modern era, and illustrate their application through relevant case laws. Article 351: Directive for development of the Hindi language Article 351 of the Indian Constitution provides a directive for the development and promotion of the Hindi language. It emphasizes the importance of promoting Hindi as the official language of India while respecting the linguistic diversity of the nation. Relevance in the Modern Era: In the modern era, India's linguistic diversity remains a cherished asset. Article ...

Analyzing Articles 347 to 350 of the Indian Constitution: Relevance in the Modern Era

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Analyzing Articles 347 to 350 of the Indian Constitution: Relevance in the Modern Era Introduction The Indian Constitution, a comprehensive document that serves as the supreme law of the land, contains several provisions that touch upon the linguistic and cultural diversity of the country. Among these provisions, Articles 347 to 350 play a crucial role in preserving and promoting the linguistic and cultural identities of various communities within India. In this article, we will delve into these articles, discuss their relevance in the modern era, and provide insights through relevant case laws. Article 347: Special provision for the Scheduled Tribes Article 347 of the Indian Constitution grants the President the authority to make regulations for the better control and management of the Scheduled Areas in a state. These regulations are primarily intended to protect the interests of Scheduled Tribes and ensure their socio-economic development. The President can also direct that the Gove...

Transforming Justice: The Bharatiya Nyay Sanhita Bill 2023

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Transforming Justice: The Bharatiya Nyay Sanhita Bill 2023 Introduction The Indian Penal Code of 1860 (IPC 1860) has been the cornerstone of criminal law in India for over a century. However, the ever-evolving nature of society, technology, and human rights calls for a reevaluation of the legal framework. In this context, the Bharatiya Nyay Sanhita Bill 2023 emerges as a potential game-changer, aiming to address the needs of the modern era. This article explores the purpose of replacing IPC 1860 with the Bharatiya Nyay Sanhita Bill 2023 and highlights the significant differences between the two legal frameworks. 1. The Need for Change The Indian Penal Code of 1860, while a monumental legal document, was enacted in colonial times and doesn't adequately address the complexities of the modern era. Various aspects necessitate this transformation: a. Technological Advancements: The digital age has brought forth new forms of crimes and challenges that were unimaginable in the 19th centu...

Articles 344 to 346 of the Indian Constitution: Language and Linguistic Minorities in the Modern Era

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Articles 344 to 346 of the Indian Constitution: Language and Linguistic Minorities in the Modern Era Introduction Articles 344 to 346 of the Indian Constitution pertain to language and linguistic minorities. These articles recognize the importance of preserving linguistic diversity and promoting the rights of minority language speakers in India. In the modern era, these provisions continue to play a pivotal role in upholding cultural and linguistic pluralism, but they also require periodic review and adaptation. Article 344: Commission and Committee of Parliament on Official Language Article 344 mandates the appointment of a Commission and a Committee of Parliament on Official Language to promote the progressive use of the Hindi language for official purposes. Case Law: The Evolution of Official Language Policies In Kashi Prasad Jayaswal Research Institute v. State of Bihar (2015), the court emphasized the importance of Article 344 in recognizing Hindi as the official language. However...