SEC-2 : Democratic Awareness Through Legal Literacy

Constitution – fundamental rights, fundamental duties, other constitutional rights

The Indian Constitution guarantees six types of fundamental rights, which are as follows:

1. Right to Equality (Articles 14-18):

 Article 14 guarantees equality before the law and the equal protection of laws.
 Article 15 prohibits discrimination on the grounds of religion, race, caste, sex, or place of
birth.
 Article 16 guarantees equal opportunities in matters of public employment.
 Article 17 abolishes untouchability.
 Article 18 prohibits titles except military or academic.

Example: The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,
1989, provides for strict punishment for offenses against members of these
communities.

2. Right to Freedom (Articles 19-22):

 Article 19 guarantees the right to freedom of speech and expression, the right to
assemble peaceably and without arms, the right to form associations or unions, the right
to move freely throughout the territory of India, and the right to reside and settle in any
part of the country.
 Article 20 provides protection against ex post facto laws, double jeopardy, and self-
incrimination.
 Article 21 guarantees the right to life and personal liberty.
 Article 22 provides protection against arrest and detention in certain cases.

Example: The Right to Information Act, 2005, enables citizens to access information from
public authorities, ensuring greater transparency and accountability.

3. Right against Exploitation (Articles 23-24):

 Article 23 prohibits trafficking in human beings, begar (forced labor), and other similar
forms of forced labor.
 Article 24 prohibits the employment of children below the age of 14 years in hazardous
occupations.
 Example: The Child Labor (Prohibition and Regulation) Act, 1986, prohibits the
employment of children in certain industries.

4. Right to Freedom of Religion (Articles 25-28):

 Article 25 guarantees the freedom of conscience and the right to profess, practice, and
propagate any religion.
 Article 26 guarantees the right to manage religious affairs and to establish and maintain
religious institutions.
 Article 27 prohibits the use of public funds for religious purposes.
 Article 28 prohibits religious instruction in educational institutions wholly maintained by
the state.

Example: The Places of Worship (Special Provisions) Act, 1991, prohibits the conversion
of any place of worship from one religion to any other religion.

5. Cultural and Educational Rights (Articles 29-30):

 Article 29 guarantees the right of minorities to conserve their distinct language, script,
or culture.
 Article 30 guarantees the right of minorities to establish and administer educational
institutions of their choice.

Example: The National Commission for Minority Educational Institutions Act, 2004, aims
to safeguard the educational rights of minorities.

6. Right to Constitutional Remedies (Article 32):

 Article 32 guarantees the right to approach the Supreme Court for the enforcement of
fundamental rights.

Example: The Public Interest Litigation (PIL) has been widely used as a tool to enforce
fundamental rights and bring social change.

The Indian Constitution specifies the following eleven fundamental duties to be

performed by every citizen of India:

1. To abide by the Constitution and respect its ideals and institutions (Article 51A(a)).
2. To cherish and follow the noble ideals which inspired our national struggle for freedom
(Article 51A(b)).
3. To uphold and protect the sovereignty, unity, and integrity of India (Article 51A(c)).
4. To defend the country and render national service when called upon to do so (Article
51A(d)).
5. To promote harmony and the spirit of common brotherhood amongst all the people of
India transcending religious, linguistic and regional or sectional diversities; to renounce
practices derogatory to the dignity of women (Article 51A(e)).
6. To value and preserve the rich heritage of our composite culture (Article 51A(f)).
7. To protect and improve the natural environment including forests, lakes, rivers, and
wildlife, and to have compassion for living creatures (Article 51A(g)).
8. To develop the scientific temper, humanism, and the spirit of inquiry and reform (Article
51A(h)).
9. To safeguard public property and to abjure violence (Article 51A(i)).
10. To strive towards excellence in all spheres of individual and collective activity so that the
nation constantly rises to higher levels of endeavor and achievement (Article 51A(j)).
11. To provide opportunities for education to his child or, as the case may be, ward between
the age of six and fourteen years (Article 51A(k)).

These fundamental duties are not legally enforceable and cannot be enforced through
the courts, but they are moral obligations that every citizen is expected to fulfill in the
interest of the nation and society.

Constitutional rights are those that are enshrined in a country's constitution and provide certain
protections and guarantees to its citizens. While some constitutional rights are considered
fundamental and are given a higher level of protection by the courts, others are not classified as
fundamental and may not be given the same level of protection.

1. Right to property: The right to own property was initially a fundamental right in the
Indian Constitution, but it was later removed and made a constitutional right under
Article 300A. However, it is not considered a fundamental right in India anymore.
2. Freedom of the press: While freedom of the press is protected under Article 19(1)(a) of
the Indian Constitution, it is not considered a fundamental right.
3. Right to form associations: The right to form associations is protected under Article
19(1)(c) of the Indian Constitution, but it is not considered a fundamental right.
4. Right to strike: The right to strike is protected under Article 19(1)(a) of the Indian
Constitution, but it is not considered a fundamental right.
5. Right to education: While the right to education is recognized as a constitutional right in
India, it is not considered a fundamental right.
6. Right to privacy: The right to privacy was recognized as a constitutional right by the
Supreme Court of India in 2017, but it is not considered a fundamental right.
7. Right to health: While the right to health is recognized as a constitutional right in India,
it is not considered a fundamental right.
8. Right to clean environment: While the right to a clean environment is recognized as a
constitutional right in India, it is not considered a fundamental right.
9. Right to work: While the right to work is recognized as a constitutional right in India, it is
not considered a fundamental right.
10. Right to information: While the right to information is recognized as a constitutional
right in India, it is not considered a fundamental right.

Laws relating to dowry, sexual harassment and violence against women – laws
relating to consumer rights and cyber crimes

Laws relating to dowry, sexual harassment, and violence against women:

1. Dowry Prohibition Act, 1961: This law prohibits the giving or taking of dowry in India.
Dowry is a prevalent social evil in India, where the groom's family demands money, gifts,
or property from the bride's family at the time of marriage. The Dowry Prohibition Act
imposes penalties on those who demand or give dowry and provides protection to
women from harassment and violence related to dowry.
2. The Protection of Women from Domestic Violence Act, 2005: This law provides
protection to women who are victims of domestic violence. Domestic violence includes
physical, sexual, emotional, verbal, and economic abuse. The law provides for the right
to residence and maintenance for victims. It also recognizes the right of victims to
obtain protection orders, residence orders, and monetary reliefs.
3. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal)
Act, 2013: This law prohibits sexual harassment of women at the workplace and provides
for redressal mechanisms for victims. The law defines sexual harassment and mandates
the formation of Internal Complaints Committees (ICCs) in workplaces. The law requires
all employers to provide a safe working environment for women and to take proactive
steps to prevent sexual harassment.
4. The Indian Penal Code (IPC) and Criminal Procedure Code (CrPC): The IPC and CrPC have
provisions for punishment for crimes against women, including rape, molestation, and
assault. These laws have been amended over time to strengthen the protection of
women from violence. In 2013, the IPC was amended to include stricter provisions for
rape, such as the death penalty for repeat offenders and for cases where the victim is
under 12 years of age.

Laws relating to consumer rights:

1. The Consumer Protection Act, 2019: This law replaced the old Consumer Protection Act,
1986. The new law provides for the protection of consumers' rights and interests,
including the right to be protected against hazardous goods and services, the right to
be informed, the right to choose, and the right to be heard. The law provides for the
establishment of Consumer Dispute Redressal Commissions at the national, state, and
district levels. The law also recognizes the right of consumers to seek compensation for
losses or damages caused by defective goods or services.
2. The Sale of Goods Act, 1930: This law regulates the sale of goods in India. It provides for
the rights of consumers in relation to the quality, quantity, and price of goods. The law
defines the terms "buyer" and "seller" and outlines the obligations of both parties in a
transaction. The law also provides for warranties and conditions that may be implied in a
sale of goods.
3. The Standards of Weights and Measures Act, 1976: This law regulates the use of weights
and measures in India. It provides for the use of standard weights and measures to
ensure accuracy and fairness in commercial transactions. The law mandates the use of
only approved weights and measures and prohibits the use of false or misleading
weights and measures.
4. The Essential Commodities Act, 1955: This law empowers the government to regulate
the production, supply, and distribution of essential commodities to prevent hoarding,
black marketing, and profiteering. The law provides for the control of prices and stocks
of essential commodities such as food, drugs, and fuel. The law also provides for the
imposition of penalties on those who violate its provisions.

In recent years, cyber crimes have become a growing concern with the increasing use of
technology and the internet. Several laws have been enacted to address cyber crimes
and protect the rights of individuals in cyberspace. Some of the key laws relating to
cyber crimes in India are:

1. The Information Technology Act, 2000: This law was enacted to provide legal
recognition to electronic transactions and to prevent cyber crimes. The law defines
various cyber offenses such as hacking, phishing, cyberstalking, and provides for
penalties for those who commit such offenses.
2. The Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC): The IPC and the
CrPC also provide for penalties for cyber crimes such as identity theft, cyber fraud, and
cyber stalking. These laws can be used in conjunction with the Information Technology
Act to prosecute cyber criminals.
3. The National Cyber Security Policy, 2013: This policy aims to protect the country's
cyberspace from cyber threats and attacks. It provides for the establishment of a
 National Critical Information Infrastructure Protection Centre (NCIIPC) to protect critical
information infrastructure and to respond to cyber incidents.
4. The Cyber Appellate Tribunal: This tribunal was established under the Information
Technology Act, 2000, to hear appeals against decisions made by the Adjudicating
Officer under the Act. The tribunal has the power to hear and dispose of appeals against
orders passed by the Adjudicating Officer.
5. The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services)
Act, 2016: This law provides for the establishment of a unique identification system
called Aadhaar. The law provides for penalties for those who misuse or disclose Aadhaar
data, and aims to protect the privacy of individuals.
6. The Personal Data Protection Bill, 2019: This bill, which is yet to be passed, aims to
protect the privacy of individuals and regulate the use of personal data. The bill provides
for penalties for those who violate its provisions and establishes a data protection
authority to oversee the implementation of the law.

Anti-terrorist laws: Implication for security and human rights

India has a number of anti-terrorist laws that have been enacted to combat terrorism
and ensure national security. However, the implementation of these laws has often
come under scrutiny for their implications on human rights. Here are some specific
implications for security and human rights in the context of anti-terrorist laws in India:

Implications for security:

1. Prevention of terrorism: Anti-terrorist laws in India provide the law enforcement

agencies with necessary powers and tools to prevent acts of terrorism. For example, the
Unlawful Activities (Prevention) Act (UAPA) provides for the detention and prosecution
of individuals or groups that are involved in terrorist activities.
2. Deterrence: Anti-terrorist laws serve as a deterrent to potential terrorists. The harsh
penalties and long prison sentences associated with these laws act as a warning to those
who may consider committing terrorist acts. For example, the National Investigation
Agency Act (NIA Act) provides for stringent punishment for terrorist acts, including the
death penalty in certain cases.
3. Protection of national security: Anti-terrorist laws in India help to protect national
security by providing the legal framework for the surveillance and monitoring of
potential terrorist threats. For example, the Information Technology (Amendment) Act
provides the government with powers to intercept electronic communication for
national security purposes.
 Implications for human rights:

1. Right to fair trial: Anti-terrorist laws may contain provisions that allow for the detention
of suspects without trial or the use of evidence obtained through torture. These
provisions can infringe upon an individual's right to a fair trial and due process. For
example, the UAPA allows for the detention of suspects without bail for up to 180 days.
2. Right to privacy: Anti-terrorist laws often include provisions for surveillance and
monitoring of individuals suspected of terrorism. These provisions can infringe upon an
individual's right to privacy and lead to indiscriminate surveillance. For example, the
Information Technology (Amendment) Act allows for the interception and monitoring of
electronic communication without a warrant.
3. Freedom of expression: Anti-terrorist laws may contain provisions that restrict freedom
of expression and association, which can have a chilling effect on civil society and
democratic values. For example, the UAPA criminalizes membership or support for a
terrorist organization, which could lead to the criminalization of legitimate dissent and
criticism.
4. Discrimination: Anti-terrorist laws can lead to discrimination against certain
communities, particularly those who are perceived to be associated with terrorism. This
can lead to the marginalization and stigmatization of these communities. For example,
the Prevention of Terrorism Act (POTA) was criticized for being used to target and arrest
members of the Muslim community in India.

In conclusion, while anti-terrorist laws are necessary to ensure national security and
prevent acts of terrorism, their implementation must be balanced with the protection of
human rights. The effectiveness of these laws in preventing terrorism must be weighed
against their impact on individual rights and liberties. Governments must ensure that
these laws are implemented in a manner that respects human rights and does not lead
to discrimination or abuse of power. In India, there is a need to review and amend
certain provisions of the existing anti-terrorist laws to ensure that they are in line with
international human rights standards.

System of courts/ tribunals and their jurisdiction in India – criminal and civil courts,
writ jurisdiction, specialized courts such as juvenile courts, Mahila courts and tribunals

Here is a detailed explanation of the system of courts and tribunals in India, including
their jurisdiction and functions, along with a diagram for better understanding:

Supreme Court of India

The Supreme Court of India is the highest judicial authority in the country. It has
original, appellate and advisory jurisdiction over all the courts in India. The Supreme
Court is the final authority on constitutional issues and has the power of judicial review.

High Courts

High Courts are located in each state of India and have appellate jurisdiction over the
subordinate courts of that state. They also have the power to issue writs such as habeas
corpus, mandamus, prohibition, quo warranto and certiorari. High Courts are headed by
a Chief Justice.

District Courts

District Courts are the main trial courts in India and are located in each district. They
have jurisdiction over both civil and criminal cases. They are presided over by a District
Judge and have the power to award capital punishment in rare cases.

Civil Courts

Civil Courts have jurisdiction over disputes related to property, contracts, and other civil
matters. They are divided into three tiers: District Courts, Subordinate Courts, and Small
Causes Courts. Small Causes Courts have limited jurisdiction and deal with minor civil
cases.

Criminal Courts

Criminal Courts have jurisdiction over criminal cases such as theft, murder, and other
criminal offenses. They are also divided into three tiers: District Courts, Subordinate
Courts, and Magistrates' Courts.

Juvenile Courts

Juvenile Courts have jurisdiction over cases involving minors who are accused of
committing a crime. They have a separate set of rules and procedures to deal with such
cases. The aim of the Juvenile Court is to provide protection, care, and rehabilitation to
the juvenile offenders.

Family Courts

Family Courts have jurisdiction over cases related to family matters such as divorce, child
custody, and adoption. They also have the power to issue orders related to
maintenance, alimony, and property disputes. The objective of the Family Court is to
provide a quick and simple resolution to family disputes.

Mahila Courts

Mahila Courts or Women's Courts are specialized courts that deal with cases related to
violence against women, including domestic violence, sexual harassment, and dowry-
related offenses. These courts are established to provide a safe and comfortable
environment for women to seek justice.

Tribunals

Tribunals are specialized courts that have the power to hear and adjudicate cases
related to specific areas such as tax disputes, labor disputes, and environmental matters.
They are established to provide quick and efficient resolution to disputes.

Writ Jurisdiction

The Indian courts have the power of writ jurisdiction, which allows them to issue writs
such as habeas corpus, mandamus, prohibition, quo warranto and certiorari. These writs
are used to protect individual rights and liberties and are an important aspect of the
Indian legal system.

Here is a diagram depicting the hierarchy and jurisdiction of the courts in India:
In conclusion, the Indian legal system has a comprehensive network of courts and
tribunals with specific jurisdiction and functions. The various courts and tribunals work
together to ensure that justice is served and individual rights are protected. The system
is constantly evolving to meet the changing needs of society and to ensure that justice
is accessible to all.

Alternate dispute such as lokadalats, non-formal mechanisms

 Alternative dispute resolution (ADR) refers to the various means of resolving disputes
outside of the traditional court system. It is an alternative to the formal process of
litigation in courts. In India, ADR mechanisms such as Lok Adalats and non-formal
mechanisms have been developed to provide an effective and efficient way of resolving
disputes.

Here are some points about the alternate dispute resolution mechanisms in India:

1. Lok Adalats: Lok Adalats are an informal mechanism of dispute resolution where
disputes are resolved through mediation and conciliation. Lok Adalats are organized by
the government and are presided over by retired judges or other experienced lawyers.
The Lok Adalat has the power to settle disputes that are pending in court as well as
those that have not yet been filed in court. The decision of the Lok Adalat is final and
binding on both parties.
2. Mediation: Mediation is a non-binding process where a neutral third party helps the
parties to a dispute to reach a mutually agreeable solution. The mediator does not have
the power to make a decision, but facilitates the discussion between the parties to help
them reach a resolution.
3. Arbitration: Arbitration is a formal process of dispute resolution where the parties to a
dispute agree to refer the dispute to an arbitrator, who makes a binding decision.
Arbitration is commonly used in commercial disputes and is governed by the Arbitration
and Conciliation Act, 1996.
4. Conciliation: Conciliation is a voluntary process where the parties to a dispute work with
a neutral third party to reach a mutually agreeable solution. The conciliator does not
have the power to make a decision, but facilitates the discussion between the parties to
help them reach a resolution.
5. Negotiation: Negotiation is a process where the parties to a dispute work together to
reach a mutually agreeable solution without the involvement of a third party.
Negotiation can be informal or formal and can take place at any stage of the dispute.
6. Gram Nyayalayas: Gram Nyayalayas are rural courts established to provide easy access
to justice to people living in rural areas. These courts are presided over by a judge who
is a qualified legal practitioner and have the power to hear civil and criminal cases.
7. Ombudsman: An ombudsman is an independent official who investigates complaints
against government officials and departments. The ombudsman is appointed by the
government and has the power to investigate complaints and make recommendations
for corrective action.
8. Family courts: Family courts are specialized courts that deal with matters related to
family law such as divorce, child custody, and domestic violence. These courts are
presided over by a judge who is a qualified legal practitioner and have the power to
hear civil cases related to family law.
9. Labour courts: Labour courts are specialized courts that deal with matters related to
labour law such as disputes between employers and employees. These courts are
presided over by a judge who is a qualified legal practitioner and have the power to
hear civil cases related to labour law.