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Topic: Fundamental Rights and Directive principles of India

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	Fundamental Rights in India - Wikipedia, the free encyclopedia
		These include individual rights common to most liberal democracies, such as equality before law, freedom of speech and expression, freedom of association and peaceful assembly, freedom to practice religion, and the right to constitutional remedies for the protection of civil rights by means of writs such as habeas corpus.
		The objective of this right is to sustain the principle of secularism in India.
		Right to constitutional remedies empowers the citizens to move a court of law in case of any denial of the fundamental rights.
	en.wikipedia.org /wiki/Fundamental_Rights_of_India (4711 words)

	[No title]
		As far as Nepal is concerned, political and civil rights are enumerated in the Constitution as fundamental rights, whereas socio-economic and cultural rights are stipulated as the directive principles and state policy in the constitution.
		The right of everyone to have access to safe and nutritious food is consistent with the right to adequate food and the fundamental right of everyone to be free from hunger so as to be able to fully develop and maintain their physical and mental capacities.
		The justification for the obligation of the state to abide by the provisions enshrined as the Directive Principle is to fulfill the broad objectives stipulated in the Preamble of the Constitution.
	www.interights.org /doc/WS2_Poudyal_final.doc (5021 words)

	India - Fundamental Rights (Site not responding. Last check: 2007-10-18)
		The Fundamental Rights embodied in the constitution are guaranteed to all citizens.
		They include individual rights common to most liberal democracies, such as equality before the law, freedom of speech and expression, freedom of association and peaceful assembly, freedom of religion, and the right to constitutional remedies for the protection of civil rights such as habeas corpus.
		Although the Directive Principles are asserted to be "fundamental in the governance of the country," they are not legally enforceable.
	www.country-data.com /cgi-bin/query/r-6108.html (577 words)

	CHAPTER 3
		The Directive Principles of State Policy in Part IV of the Constitution are indeed the precursor to economic, social and cultural rights specified in the ICESCR.
		The Commission is of the view that the Right to Free and Compulsory Education should also be extended to the children upto the age of fourteen years and that the right to education beyond the age of 14 years may depend upon the economic capacity and the stage of development of the State.
		The courts have to make every attempt to reconcile the fundamental rights with the Directive Principles remembering that the reason why the Directive Principles were left by the founding fathers as non-enforceable was to give the Government sufficient latitude to implement them.
	lawmin.nic.in /ncrwc/finalreport/v1ch3.htm (5077 words)

	Eastern Book Company - Practical Lawyer
		The Fundamental Rights Case has deprived the Fundamental Rights of their exclusive fundamental character in that there are other features of the Constitution which also form the basic structure or framework of the Constitution and are beyond the amending power.
		It is possibly for the same reason that he held none of the Fundamental Rights as essential or relating to the basic structure and therefore beyond the amendatory power.
		The Directive in Article 39(b) and (c) is solely aimed at the third kind of property and it evades logical reasoning as to why the other fundamental rights should be abridged, what to say of abrogation.
	www.ebc-india.com /lawyer/articles/73v2a4.htm (2212 words)

	India - [International obligations and access to remedies]
		With reference to articles 4 and 8 of the International Covenant on Economic, Social and Cultural Rights, the Government of the Republic of India declares that the provisions of the said [article] shall be so applied as to be in conformity with the provisions of article 19 of the Constitution of India.
		Right of minorities to establish and administer educational institutions.
		Right to work, to education and to public assistance in certain cases.
	www.right-to-education.org /content/rights_and_remedies/india.html (750 words)

	PHILOSOPHY AND BIRTH OF HUMAN RIGHTS (Site not responding. Last check: 2007-10-18)
		The original content of philosophy of fundamental freedom was limited to civil and political rights of the individual, often referred to as "first generation" rights, which in large part call for a negative obligation on governments to desist from interfering with the exercise of individual liberties.
		The expansive nature of the concept of human rights clubbed with the realization that without guaranteeing economic, social and cultural rights, full enjoyment of civil and political rights was not possible led to inclusion of economic, social and cultural rights, popularly described as "second generation" rights.
		In the Cold war era plea for respecting human rights was made more as a tool for condemning the 'other' - the charges of violations of human rights by nations of one block were levelled by members of the other bloc frequently and at each international as well as national fora.
	www.technologyindia.edu /human/philoso.htm (913 words)

	Dr (Site not responding. Last check: 2007-10-18)
		Bhimrao Ramji Ambedkar, chiefly responsible for drafting of The Constitution of India and a champion of human rights was born on the 14
		On his return to India in 1923, he founded 'Bahishkrit Hitkarini Sabha' with the main objective of spreading education and improving the economic conditions of the depressed classes.
		One of the greatest contributions of Dr. Ambedkar was in respect of Fundamental Rights and Directive Principles of State Policy enshrined in the Constitution of India.
	www.angelfire.com /ak/ambedkar/BR_bio.html (328 words)

	Constitution of India Summary
		India is a signatory to the worldwide women's resolution to set aside 33 percent of national and state legislative assembly seats for women, and in Indira Gandhi (1917–1984) has already had a powerful female prime minister.
		In a majority of decisions, the Supreme Court of India has held that the objectives specified in the preamble constitute the basic structure of the Indian Constitution, which cannot be amended.Though Preamble is a part of the constitution still it nor any of its content is leagally enforcible.
		India has adopted a mixed economy and the government has framed many laws to achieve the aim of social equality, such as the Abolition of Untouchability and Zamindari, the Equal Wages Act and the Child Labour Prohibition Act.
	www.bookrags.com /Constitution_of_India (4808 words)

	Justiciability of ESC Rights - the Indian Experience
		No one has the right to make use of a public property for a private purpose without requisite authorisation and, therefore, it is erroneous to contend that pavement dwellers have the right to encroach upon pavements by constructing dwellings thereon.
		The question whether the right to education was a fundamental right and enforceable as such was answered by the Supreme Court in the affirmative in Mohini Jain v.
		Union of India (1991) 4 SCC 177, the court recognized the right of rescued bonded labor to accommodation as part of their rehabilitation, but the enforcement of the judgments in relation to bonded labor is still a distant dream.
	www1.umn.edu /humanrts/edumat/IHRIP/circle/justiciability.htm (1479 words)

	Children’s Rights: India
		The rights of children are protected by the fundamental rights and freedoms and also have been covered under the Directive Principles of State Policy.
		Gaurav Jain v Union of India: [(1997) 8 SCC 114; AIR 1997 SC 3021] The Supreme Court held that the children of the prostitutes have the right to equality of opportunity, dignity, care, protection and rehabilitation so as to be part of the mainstream of social life without any pre-stigma attached on them.
		The Court directed for the constitution of a committee to formulate a scheme for the rehabilitation of such children and child prostitutes and for its implementation and submission of periodical report of its Registry.
	www.hrcr.org /safrica/childrens_rights/India.html (752 words)

	Human Rights and the Environment - OHCHR (Site not responding. Last check: 2007-10-18)
		However, the nature and extent of this right is not similar to the self-executory and actionable right to a sound and healthy ecology prescribed in the Constitution of the Philippines.
		The fundamental right to preserve and protect the dignity of man and right to ‘life’ are guaranteed under article 9.
		The principle requires that no person or class of persons shall be denied the same protection of law which is enjoyed by other persons in like circumstances in their lives, liberty and property and pursuit of happiness.
	www.unhchr.ch /environment/bp4.html (10662 words)

	Learn about the Indian Constitution
		India is a federal system in which residual powers of legislation remain with the central government, similar to that in Canada.
		No person shall be a citizen of India by virtue of article 5, or be deemed to be a citizen of India by virtue of article 6 or article 8, if he has voluntarily acquired the citizenship of any foreign State.
		Every person who is or is deemed to be a citizen of India under any of the foregoing provisions of this Part shall, subject to the provisions of any law that may be made by Parliament, continue to be such citizen.
	india.suramya.com /india_constitution.php (1052 words)

	Manas: History and Politics, Social and Political Movements
		Though the Constitution of India guarantees equal rights to all citizens, irrespective of race, gender, religion, and other considerations, and the "directive principles of state policy" as stated in the Constitution obligate the Government to provide to all citizens a minimum standard of living, the promise has not been fulfilled.
		Though India's higher courts and, in particular, the Supreme Court have often been sensitive to the grim social realities, and have on occasion given relief to the oppressed, the poor do not have the capacity to represent themselves, or to take advantage of progressive legislation.
		Thus the court was willing to acknowledge that it had a mandate to advance the rights of the disadvantaged and poor, though this might be at the behest of individuals or groups who themselves claimed no disability.
	www.sscnet.ucla.edu /southasia/History/SocialPol/spmove.html (470 words)

	Focus on the Global South- India - Will the Kalinga Killings Change the hearts of our Emperors
		The judgement focused upon fundamental nature of the country as a Socialist Secular Democratic Republic of India, Bharat and the state as a Welfare State.
		Fundamental rights and Directive Principles have fused in them as fundamental human rights as indivisible and interdependent.
		The Samatha judgement which ruled that the State had no right to grant leases to private companies in the Scheduled area also called for setting aside twenty percent of the profits of mining companies for local development beyond what is statutorily required to be done under the existing laws.
	www.focusweb.org /india/content/view/784/29 (1437 words)

	Voices of Youth - children's right to education
		In India, right to education from 6 to 14 years is a fundamental right given by Constitution.
		Do you agree with me, the denial of right to education of the children below 6 years is denial from all human rights of that children because education is a weapon for realisation of all rights.
		Dear Ruqaiyasalim, as for your question is concerned, In India education was basically in the provisions of Directive principles of state policy.
	www.unicef.org /voy/discussions/printthread.php?t=3975 (1381 words)

	Committtee on the Elimination of Racial Discrimination, Concluding observations on India, U.N. Doc. A/51/18, paras. ...
		The demographic data on the composition of the population and on the representation of various communities in the public service at the central and state level of government provided by the delegation during the meetings are welcomed.
		It is noted with concern that the denial of the equal enjoyment of political rights, as provided for in article 5 (c) of the Convention, has led to an increase of violence, in particular in Jammu and Kashmir.
		The Committee is particularly concerned at reports that people belonging to the scheduled castes and tribes are often prevented from using public wells or from entering cafés or restaurants and that their children are sometimes separated from other children in schools, in violation of article 5 (f) of the Convention.
	www1.umn.edu /humanrts/country/cerd-india.htm (1413 words)

	[No title] (Site not responding. Last check: 2007-10-18)
		Laws of inconsistent with or in derogation of the fundamental rights.
		Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.
		Restriction on rights conferred by this Part while martial law is in force in any area.
	www.constitution.org /cons/india/p03.html (179 words)

	National Portal of India : Know India : Profile
		The Constitution lays down certain Directive Principles of State Policy, which though not justiciable, are ‘fundamental in governance of the country', and it is the duty of the State to apply these principles in making laws.
		These lay down that the State shall strive to promote the welfare of people by securing and protecting as effectively as it may, a social order, in which justice—social, economic and political—shall form in all institutions of national life.
		In the economic sphere, the State is to direct its policy in such a manner as to secure distribution of ownership and control of material resources of community to subserve the common good, and to ensure that operation of economic system does not result in concentration of wealth and means of production to common detriment.
	india.gov.in /knowindia/directive_principle_state_policy.php (178 words)

	EBC Catalogue - Criminal Justice (Site not responding. Last check: 2007-10-18)
		Legislative Recognition to Human Rights Principles in India 106 (A) Human Rights Measures under the Constitution 106 (B) The General and Special Law Measures 106 3.
		Rights of the Accused-Some Reflections on the Legislative Scheme in India
		Role of National Human Rights Commission (NHRC)212 (A) Composition212 (B) Functions, Powers and Procedure 212 (C) Performance of the NHRC 213 (i) Terrorism and Insurgency 213 (ii) Custodial Deaths, Rape and Torture213 (iii) Systematic Reform: Police, Prisons and other Centres of Detention 214 (iv) Handling of Complaints: Illustrative Cases 214 6.
	www.ebc-india.com /catalog/contents/a-824-Contents.htm (1188 words)

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