Fundamental Rights in India Essays

Constitution is the written law, the principles and rules of a country but also the relationship between the individual and the state. The powers of the government and the right of the people pumped from the constitution. Most of the states does possess a written constitution but United Kingdom isn’t one of the according to FF Ridley. Although a part of United Kingdom constitution as it said is written in several documents such as the legislations, the treaties, the conventions but also the in the

Freedom of speech and expression which happens to be a natural right is acquired by a human beings on birth. It happens to be a basic right and is supposed to be the first condition of liberty. It occupies a primordial position in the hierarchy of the liberty. Freedom of speech and expression implies that an individual has the right to accord expression to his own convictions and opinions freely by words of mouth, writing, printing, pictures or any other mode. To put it in a nutshell it connotes

an innate right to be valued, respected and to receive ethical treatment. In the modern context, dignity can function as an extension of the Enlightenment- era concepts of inherent, inalienable rights. The English word “ dignity “ attested from the early 13th century, comes from the Latin term ‘ dignitas’ which means ‘worthiness’ and from the French term ‘dignite’ .In ordinary modern usage it denotes ‘respect’ and ‘status’. The term ‘human dignity’ is however, rarely defines out right in the legal

Abstract The paper deals with one of the most debatable topic of the country that is right to freedom of speech and expression and rising cases of hate speech in politics and role of media in it. The Indian Constitution makes the “right to freedom of speech and expression” a fundamental under Article 19(1)(a) .The Constitution guarantees every citizen the right of freedom of speech and expression but not the right to offend anyone’s sentiments . With various examples of recent instances, it is proven

RIGHT TO LIFE: The most important ingredient of Article 21 is the expression 'Life'. Right to life under Article 21 is something more than mere survival or animal existence. It is something more than mere breathing. The Hon’ble Supreme Court has held in Francis Coralie Mullin v. Union Territory that right to life would include the right to live with human dignity. With this interpretation given to Article 21, the door was made open for various kinds of rights which will have to be read into the

INTRODUCTION “Religion is a matter of man’s faith and belief.” The right to freedom of religion is recognized both in international law and the Constitution of India. Throughout history, there has been a development of the right to freedom of religion and the freedom has been incorporated in international legal documents. Article 1 of The United Nations Charter, drafted in 1945, states that “(3) To achieve international cooperation in solving international problems of an economic, social, cultural

formation of one’s opinion and viewpoint and debates on matters of public concerns.[1] Freedom of speech and expression implies the right to express one 's own convictions and opinions freely by words of mouth, writing, printing, pictures or any other mode. The phrase ‘speech and expression’ used in Article 19(1)(a) has broad connotation.[2] It is the legitimate right of every citizen to express his or her opinion, expose the misdeeds and anti-people policies of the government or to even disapprove

and death no longer seem to be accorded the same moral sanctity as earlier. Deliberately, right to die; a controversial issue recently has been heated up and brought to life the pros and cons of mercy killing. Law poses many problems in this regard, mostly because it often comes into contradiction with morality. One of the most fundamental problems arising out of this conflict between law and morality is right to die.

Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people, according to some legal system, social convention, or ethical theory. Rights are of various types like Natural Rights, Legal Rights, Claim Rights, Liberty Rights, Positive Rights, Negative Rights, Individual Rights, Group Rights, fundamental rights, universal rights. Right to life is one of the most essential fundamental

divine right of kings included eminent domain and even the bible has the reference of it [1]. In modern era, scholars have often cited two maxims “salus populi suprema lex esto”, which means, “regard for public welfare as the highest law”, and “necessitas publica major est quam privata", which means, “public necessity is greater than private necessity” for justifying eminent domain. John Locke also uses the latter maxim in his book Second Treatise on Government refers to it as a fundamental rule for

Arthur Kinoy. These people have made immense contribution for making world a better place. Social justice is best described by a passage from a speech Dr. Martin Luther King, Jr. gave on April 4, 1967: “I am convinced that if we are to get on the right side of the world

Gender equality is a basic human right and Social justice is the key stone of the Indian Constitution. One facet of it is gender justice, which is a composite concept. It is the human right of women. The principle of gender equality is enshrined in the Indian Constitution, in its preamble, fundamental rights, fundamental duties and directive principles. The Universal Declaration of Human Rights (1948) too affirms the ideal of equal rights of men and women. The U.N. Convention on the Elimination of

In the light of the above facts, the following arguments can be drawn. First of all, blasphemy laws or hate speech laws violate the basic fundamental right of every individual that is the right to freedom of expression along with right to equality which is another fundamental right of the people. These fundamental rights are protected by International Human rights instruments. A blasphemy law in practise prohibits the freedom of expression when it comes to the offering of criticism, asking of questions

Introduction The access of the utmost standard of physical and mental health without discrimination is the basic right of every human being. Any violation of these basic rights results in the compromise and elimination of the human rights. However, when a person is accused of some grave crime, his fundamental rights are stake. The Oxford Dictionary defines accused as, “a person or group of people who are charged with or on trial for a crime”. An offence is defined as an act or omission made punishable

Imperialism Imperialism is when one country decides to conquer and rule other lands. European imperialism happened in the late nineteenth centuries to the early twentieth century, because the europeans wanted to take over Africa, India, Asia. They did this because they wanted political power, they wanted to spread their belief that they were superior than other countries. Because they were proud of their country they wanted to spread there ways to other countries. They also wanted to better the economy

clear analysis of the fundamental rights in two broad categories, 1. Rights conferring benefits on the individuals; 2. Rights conferring benefits on the general public, The Supreme Court in its majority bench judgement held that waiver of a fundamental right was for individual benefit, but could not waive a right which was for the benefit of the general public. In Olga Tellis, Supreme Court held that since the dwellers had agreed upon to not claim any of their Fundamental rights in case the slums

contraceptive failure resulting in an unplanned pregnancy. LEGAL RIGHT TO ABORTION IN INDIA On the national level abortion has been discussed extensively and this leads to the arising of the questions which creates a state of dilemma in the minds of every person as to how to bring the balance between a pregnant woman’s right to abortion and an unborn child’s right to life. The concept of right to life is broad and given fundamental importance in Article 21 of the Indian Constitution. Article 21 says

What is the Act about? The Act makes it illegal to sexually harass a women at the workplace. The law talks about different ways by which someone can be sexually harassed and how they can act against it. This act is just for women who are harassed sexually at the workplace. Is this Act only for the working women? No, this act is for all women who are harassed at the workplace. It can be any office or any type of workplace where the women is harassed.At every office a committee should set up rules

Abstract This research project is about, hate speech, right to freedom of speech & expression, present landscape of hate speech in politics and role of media in this. The research proves that there is a rise in hate speech during elections. Many political leaders are accused of giving hate speeches during elections just to gain the sympathy of their vote bank. But they forget that it may end up in apathy in the society. In many cases, people get involved just to get the limelight. The research further

is the right to express or communicate an individual’s ideas, views and opinions without any obstructions or fear of punishment. It is not limited to speech alone, and includes written and other forms of communication such as freedom of press which gives one the right to question, criticize and voice their opinions. Freedom of speech (or expression) is a fundamental human right which is also recognized by the constitution of India. The constitution of India guarantees individual rights which are