Human Rights In India - Class 12 Commerce Legal Studies - Extra Questions

(i) Such reservations are not against the right to equality. For equality does not mean giving everyone the same treatment, no matter what they need. Equality in real sense means giving everyone an equal opportunity to achieve whatever one is capable of. 
(ii) Sometimes it is necessary to give special treatment to someone in order to ensure equal opportunity. 
(iii) This is what job reservations do. Just to clarify this, the Constitution says that reservations of this kind are not a violation of the Right to Equality.

Article 21 of the Constitution of India, 1950 provides that, “No person shall be deprived of his life or personal liberty except according to procedure established by law.” 'Life' in Article 21 of the Constitution is not merely the physical act of breathing.

Right to seek Redressal 
1) Consumers have the right to seek redressal against unfair trade practices and exploitation. 
2) If any damage is done to a consumer, he has the right to get compensation depending on the degree of damage. 
3) There is a need to provide to an easy and effective public system by which this can be done. 
4) An example of Prakash or any other relevant example to be explained. 

Women Suffrage is the term given to women's right to vote. Women were considered inferior to men both physically and mentally. They were considered unfit to cast votes and it was considered that married woman's existence was incorporated into that of her husband. 

The Right to Information is defined as ‘the right to be informed about the quality, quantity, potency, purity, standard and price of goods or services, as the case may be so as to protect the consumer against unfair trade practices’ in the Consumer Protection Act of 1986.

Advantages of right of information are as follow:-

1- Control corruption:- Under RTI Act every one has the right to ask questions for particular service and it is compulsory that the responsible officer gives the answer of the person's request within the time limit. So the chance of corruption will automatically minimize.

2- Easy mode to spread information:- By this Act people can get the direct answer from the higher authority. It is the easy mode to spread information to the particular person who actually needs it.

Every person has a right to profess, practise and propagate the religion he/she believes in. But this freedom does not mean that a person can do whatever he wants in the name of religion. The limitations of this freedom are given below: 
(i) One cannot sacrifice animals or human beings as offerings to supernatural forces or gods.
(ii) Religious practices which treat women as inferior or those that infringe women's freedom are not allowed. 
(iii) One cannot force a widowed woman to shave head or wear white clothes.

i) The Universal Declaration of Human Rights (UDHR) is a milestone document in the history of human rights. Drafted by representatives with different legal and cultural backgrounds from all regions of the world, the Declaration was proclaimed by the United Nations General Assembly in Paris on 10 December 1948 as a common standard of achievements for all peoples and all nations.

• Habeas Corpus and Mandamus are two of the five writs that can be issued by the Supreme Court.
  
• Under Habeas Corpus, the court can cause any person who has been detained or imprisoned to be physically brought before the court.
  
• Mandamus is a command issued by the court to any public official, public body, corporation, inferior court, tribunal or government asking them to perform their duties which they have refused to perform.
  

All citizens are equal. The constitution aims at providing all equality to all its citizens. If a person believes in that illiterate people should not be given the right to vote then he is simply being a discriminator.

• We have no right to discriminate any one on the basis of poverty.
  
• An illiterate is also a citizen of India. He should not be debarred from voting right on the basis of his illiteracy.
  
• Our constitution provides equal voting rights to all its citizens.
  
• As ideal citizens we all have to abide by the constitutional provisions. 
  

We must honour human dignity and legal provisions.

Right to equality is violated here as according to this every citizen of India before the law whether he is from upper or lower caste or rich or poor. Right to freedom is also violated as it grants personal liberty. He or She can carry any profession or business.

This is justified. Right to freedom is for all the citizens which grants to move freely anywhere in the country but due to security reasons some areas are restricted as the freedom of movement by every citizen can prove dangerous for the security of India.

1 April, 2007.
 In Rajasthan the right to free and complusary education Act 2009 was applied from 1 April, 2007.

Article 19 (1) of the India constitution provides for six rights to freedom. each of these rights has exceptions to it provided in the Article itself. these rights are-

The Indian constitution recognises all persons as equals. This means that every individual in the country irrespective of his/her caste, religion, educational and economic backgrounds is recognised as equal. Although, inequality still exists in the country, yet the principle of the equality of all persons is recognised. While earlier no law existed to protect people from discrimination and ill-treatment now there are several that work to see that people are treated with dignity.

In this dispute, Madhurima is right. The Registrar, by questioning and interfering in her personal affairs, is violating her right to freedom.  Every religion has a practice of changing women's surname after marriage. Although constitution does not compel women to do so. Changing surname after marriage is a personal decision. And Registrar compelling Madhurima to do so, is infringement of right to life and personal liberty.

Right to equality.

• The Right to Information Act empowers all Indian Citizens to seek information from public authorities, which includes central, state and local governments, Parliament, judiciary, police, etc. Under RTI, a citizen can ask a question, seek information, take copies of official documents, inspect government work and its progress. 

RTI has helped the citizens in the following manner: It has empowered them. 
It has made them aware of the functioning of the government machinery. 

• RTI has made citizens vigilant and made them more conscious about their rights and duties.

It has exposed various scams and has helped citizens in making wise choices. 

Article 19(1) says that every citizen has Freedom of speech and expression. 
Right to Information is a part of Fundamental right under Article 19(1) of the Constitution.

Freedom of Information refers to a citizens right to access information that is held by the state, this act was amended in 1996 to include the Electronic Freedom of Information Act, which states the government agencies must make certain types of records electronically available to the public.

The RTI Act is an Act of the Parliament of India that given the right to information privileges to all Citizens of India.

A PIO (public Information officer ) can refer information on 11 subjects that are listed in section 8 of the RTI Act. These include information received in confidence from Foreign governments, information prejudicial  to security, strategic, scientific or economic interest of the country. breach of privilege of legislators etc.

Following Rights are available under RTi act 2005 which are : -
1) Ask any question from the government or seek any information.
2) Take copies of any government documents  
3) Inspect any government documents 
4) Inspect any Government works.
5) Take sample of materials of government work.

30 days:
The time limit for getting a response to your RTI inquiry from the concerned Public Information officer (PID) is generally 30 days.

Yes, under section 10 of the RTI Act, access may be provided to that part of the record which does not contain information which is exempt from disclosure under the Act. 

In 1993, Protection of Human Rights Act was enacted to prevent injustice to men and women. The National Human Rights Commission was also formed for this purpose. In some States, the State Human Rights Commission was also formed on the same lines. This law which deals with collective oppression, the social conditions of divorced women, women and secure work places, played an effective role in mitigating injustice to womens.

The Right to Information Act was enacted by the Government of India on 15th June, 2005. Its objectives are as follows:
1. To ensure transparent, clean and simple administration operations.
2. To seek co-operation of people to bring about transparency in administration.
3. To enable people to seek information/ proper reply about their pending work.
4. To seek information about various schemes and related aspects.
The process for obtaining information is as follows:
1. The applicant has to pay a fixed fee of 20/- in cash/postal order/ pay order/- affixing non-judicial stamp along with the application. The BPL families have been exempted from the payment of fee. The application may be handwritten or typed and signed by the applicant.
2. This can be also e-mailed to the concerned department. Applicant has to pay charges per page for the copy of document. Applications are received by the Assistant Public Information Officer (APIO) who issues receipt/acknowledgment after putting serial ID number on the application.
3. ID number has to be mentioned in the subsequent correspondence. The APIO is required to give reply within 30 days from the date of receiving application. The APIO may refuse to give information on the specified matters such as those related with national security. In case the APIO does not furnish information within 30 days, the applicant can approach Public Information Officer (PIO) with 30 days of rejection.
4. For the appeal, the applicants are not required to pay any fees. In case the information does not come, the applicant can make an appeal to the Chief Information Officer of the state within 90 days.

Child development and child welfare is a pre-condition of social development because,
1. The progress of any nation depends on the overall development of the children.
2. When children are protected, looked after and educated, they will become good citizens and will contribute to the well-being of the family progress of society and development of the nation.
3. Children are the property of the nation. Their upbringing and development needs proper care by the family and society for the future, of the nation.

Main seven provisions for right to free and compulsory education are:
(1)  According to this law every child between the age group of 6 to 14 should get admission in the school close to his locality. Children who do not have birth certificate as age proof cannot be refused admission in the school by anybody.
(2) Although the child may have attained 14 years of age and if he has not completed primary education, in such cases he could be imparted free education. At the time of admission, the age of the child should be 6 years and if he doesn't have birth certificate, then hospital records, age related affidavit of parents should be taken as age proof for admission.
(3) All the students should be given admission without discrimination.
(4) Any kind of fees like capitation fees, admission fees or any other type of deposit can not be taken.
(5) At the time of admission, interviews of children or parents should not be taken. Admission should not be given on the basis of income or educational qualification or capabilities of parents, any kind of admission test of parents should not be taken.
(6) For the education of children of age 3 to 5 years a revolutionary step has been taken for the first time, by taking nursery under the law and making rules for special training of pre-school teachers, their courses, curriculum and evaluation.
(7) For the education of children of age 3 to 5 years a revolutionary step has been taken for the first time, by taking nursery under the law and making rules for special training of pre-school teachers, their courses, curriculum and evaluation.

It is very much essential to have general knowledge, information and understanding of law because,
(1) People are saved from doing crime and thus saved from punishment, conviction etc., if they have general knowledge and education regarding law.(2) They can get guidance regarding exploitation and legal steps which could be taken against injustice.
(3) They can enjoy constitutional rights protect individual interests and may flourish himself.
(4) They can become informed about various legal provisions that have been made for their protection and flourishment.
(5) His loyalty towards society, state and nation increases.
(6) So that he may contribute in formation of society, he is not deprived of his right as a citizen and is able to perform his duties.
(7) If everybody has proper knowledge of laws, they can lead a life of esteem and pride. Thus, it is essential to have knowledge and understanding of laws. Thus, it is essential to have knowledge and understanding of laws.

Artilce 17 of the indian Constitution deals with Abolition of Untouchability and its practice in any form is forbidden. The enforcement of any disability arising out of Untouchability shall be an offence punishable in accordance with law.

This Article is a crucial one as it tries to bridge the gap between the different sections of society. It tries to reinforce the principle of equality among the citizens which is an important pillar of a democracy.

The Right to Constitutional Remedies allows an Indian citizen to move the court if he feels that any of his or her Fundamental Rights has been violated by the State. As the final interpreter of the Constitution, the judiciary has the power to review or even strike down any particular law passed by the Parliament if it believes that this law violates the basic structure of the constitution, which is called judicial review. In this way we find that the Right to Constitutional Remedies given in the Fundamental Rights is directly connected and supported by the idea of judicial review.

Courts protect our fundamental rights