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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Empowering Margins: A Comprehensive Exploration of Articles 330 to 342 of the Indian Constitution with Case Law Perspectives

Empowering Margins: A Comprehensive Exploration of Articles 330 to 342 of the Indian Constitution with Case Law Perspectives



Articles 330 to 342 of the Indian Constitution lay down the framework for the reservation of seats in the Lok Sabha and State Legislative Assemblies, as well as the representation of Scheduled Castes (SCs), Scheduled Tribes (STs), and Anglo-Indians. In the contemporary era, these constitutional provisions continue to shape the landscape of political representation, ensuring inclusivity and affirmative action. This article navigates through the constitutional nuances, explores pertinent case laws, and examines the ongoing relevance of these provisions in the current socio-political scenario.


Constitutional Provisions:


- Article 330: Provides for the reservation of seats for SCs and STs in the Lok Sabha.


- Article 331: Deals with the representation of Anglo-Indians in the Lok Sabha.


- Article 332: Provides for the reservation of seats for SCs and STs in State Legislative Assemblies.


- Article 333: Addresses the representation of Anglo-Indians in State Legislative Assemblies.


- Article 334: Imposes a limitation on the period of reservation for SCs, STs, and Anglo-Indians in the Lok Sabha and State Legislative Assemblies.


- Article 335: Empowers the state to make special provisions for the SCs and STs in matters of promotion in government services.


- Article 336: Deals with the reservation of seats for SCs and STs in the Services under the Union and the States.


- Article 337: Grants special representation to the Anglo-Indian community in the Services under the Union and the States.


- Article 338: Establishes the National Commission for SCs and STs to investigate and monitor matters relating to the safeguards provided for these communities.


- Article 339: Provides for the control of the Union over the administration of Scheduled Areas and the welfare of STs.


- Article 340: Empowers the President to appoint a Commission to investigate the conditions of socially and educationally backward classes.


- Article 341: Defines the Scheduled Castes and empowers the President to specify the castes, races, or tribes to be considered as SCs.


- Article 342: Defines the Scheduled Tribes and empowers the President to specify the tribes or tribal communities to be considered as STs.


Contemporary Significance:


In the present socio-political landscape, Articles 330 to 342 remain pivotal in addressing historical injustices, promoting representation, and fostering the socio-economic development of marginalized communities.


Relevant Case Laws:


Indra Sawhney & Others v. Union of India (1992):


Commonly known as the Mandal Commission case, it dealt with reservations in government jobs based on caste. The Supreme Court upheld the concept of reservations but capped it at 50%, emphasizing the need for efficiency and preventing reverse discrimination.


E.V. Chinnaiah v. State of Andhra Pradesh (2005):


This case clarified the constitutional validity of reservations in promotions for SCs and STs. The Supreme Court held that the state must collect quantifiable data to demonstrate backwardness and the inadequacy of representation before providing reservations.


Interpretation and Application:


1. Reserved Seats in Legislatures:

   - Articles 330 and 332 ensure the representation of SCs and STs in the Lok Sabha and State Legislative Assemblies, promoting political inclusivity.


2. Representation of Anglo-Indians:

   - Articles 331 and 333 provide for the representation of Anglo-Indians in the Lok Sabha and State Legislative Assemblies, ensuring their participation in the democratic process.


3. Limitation on Reservations:

   - Article 334 imposes a limitation on the period of reservation to prevent perpetuity, fostering socio-economic progress.


4. Special Provisions for SCs and STs:

   - Articles 335, 336, 337, and 338 empower the state to make special provisions for the welfare and representation of SCs and STs in government services.


5. Scheduled Areas and Tribes:

   - Articles 339 and 340 address the control of the Union over Scheduled Areas and the appointment of a Commission to investigate the conditions of socially and educationally backward classes.


Challenges and Solutions:


1. Ensuring Efficiency and Fairness:

   - The challenge lies in balancing reservations to ensure efficiency while addressing historical injustices, as seen in the Indra Sawhney case.


2. Quantifiable Data for Reservations:

   - The requirement for quantifiable data, as emphasized in the E.V. Chinnaiah case, poses a challenge in implementing reservations, demanding a nuanced approach.


Contemporary Socio-Political Dynamics:


In a society striving for inclusivity and equitable representation, these constitutional provisions remain essential in addressing the diverse needs of marginalized communities.


Conclusion:


Articles 330 to 342 of the Indian Constitution stand as pillars of affirmative action, political representation, and social justice. Case laws like Indra Sawhney v. Union of India and E.V. Chinnaiah v. State of Andhra Pradesh have influenced the interpretation and application of these provisions. In the current era of evolving social dynamics, these articles continue to be integral in fostering an inclusive and equitable society.

Location: Pune, Maharashtra, India

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