Basic Human Rights for Engineering students part I

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Information about Basic Human Rights for Engineering students part I

Published on October 20, 2018

Author: drsatishdhage


BASIC HUMAN RIGHTS (CSE SE): BASIC HUMAN RIGHTS (CSE SE) LT COL (DR) SATISH DHAGE (Director- MGM Institute for Competitive Exams ) Facebook - MGM ICE Email- Basic Human Rights (SYLLABUS)- 36 Hrs : Basic Human Rights (SYLLABUS)- 36 Hrs (I ) The Basic Concepts: Individual , Group, Civil Society, State, Equality, Justice, Human Values: - Humanity, Virtues, Compassion . (II) Human Rights and Human Duties: Origin , Civil and Political Rights, Contribution of American Bill of Rights, French Revolution, Declaration of Independence, Rights of Citizen, Rights of working and Exploited people, Fundamental Rights and Economic program, India’s Charter of freedom. (III) Society , Religion, Culture, and their Inter-Relationship: Impact of Social Structure on Human behaviour, Roll of Socialization in Human Values, Science and Technology, Modernization, Globalization, and Dehumanization. (IV) Social Structure and Social Problems: Social and Communal Conflicts and Social Harmony, Rural Poverty, Unemployment, Bonded Labour , Migrant workers and Human Rights Violations, Human Rights of mentally and physically challenged . (V) State , Individual Liberty, Freedom and Democracy: The changing of state with special reference to developing countries, Concept of development, under development and Social action, need for Collective action in developing societies and methods of Social action, NGOs and Human Rights in India: - Land, Water, Forest issues. (VI) Human Rights in Indian Constitution and Law: The constitution of India: ( i ) Preamble (ii) Fundamental Rights (iii) Directive principles of state policy (iv) Fundamental Duties (v) Some other provisions Universal declaration of Human Rights and Provisions of India, Constitution and Law, National Human Rights Commission and State Human Rights Commission. FOCUS AREAS for Written Questions: FOCUS AREAS for Written Questions Human Rights Fundamental Rights Displacement & Human Rights NHRC Economic Growth & Development PREAMBLE OF INDIAN CONSTITUTION: PREAMBLE OF INDIAN CONSTITUTION Source Meaning Amendments Judgements Significance PREAMBLE (INTRODUCTION): PREAMBLE (INTRODUCTION ) Introduction to Indian Constitution. Modified version of ‘Objectives Resolution’ that was moved by Jawaharlal Nehru on December 13, 1946 and adopted by the Constituent Assembly on January 22, 1947 . We, THE PEOPLE OF INDIA, having solemnly resolved to Constitute India into a Sovereign, Socialist, Secular, Democratic Republic and to secure to all its citizens: JUSTICE, Social, Economic and Political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all; FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION. So far Preamble has been amended only once in the year 1976 through 42nd amendment . The 42nd amendment added 3 new words to the Preamble. SOCIALIST ,SECULAR ,INTEGRITY . 3 Parts- Authority of Constitution+ Nature of Indian State+ Objectives+Date of adoption of constitution. Slide 7: SOVEREIGN: (SUPREME POWER) Sovereign means SUPREME AUTHORITY of a state. This is the absolute and supreme power. This means that India has the power to legislate on any subject. India is not subject to the control of any external authority. India is neither dependency nor a dominion of any other nation but an independent state. REPUBLIC: (NO HEREDITARY MONARCH) It means the head of the State is elected. Political sovereignity in the hand of people & not in a single individual. Secondly, absence of any privileged class & all public offices open to every citizen without any discrimination. Slide 8: SOCIALIST: (Democratic socialism) This is added through the 42nd amendment act of 1976. The word socialism means placing means of production and distribution in the hands of public control(State). Socialism also means elimination of inequalities in income and status and standard of living. In India this is the Democratic Socialism . It is different from State socialism (communism) where there is nationalisation of all property and abolition of private sector. Here there is an existence of both Public and Private sectors. This is called mixed economy. The socialism strives to end inequality of opportunity. SECULAR: The term secular was added through the 42nd amendment in the year 1976. This means the state has no official religion. All religions in the country have the same status and support . DEMOCRATIC: (Demos = People; Kratia = Rule) Democracy means rule by the people.Two types- Direct & Indirect democracy. Direct democracy has devices like Referendum, Initiative, Recall, Plebiscite . Indirect democracy can be Parliamentary or Presidential. The people of the country elect their own representatives. In India it is a representative democracy . One man one vote is the concept in democracy. Slide 9: JUSTICE: ( Social,economical,political )- Social justice- non discrimination on social grounds( religion,race,sex,caste,etc ) Econoic justice- reduction of inequalities Political justice- equal political rights. Social justice implies that all citizens are treated equally irrespective of their status in society as a result of birth, race, caste, religion, sex, title etc. ECONOMIC JUSTICE: Rich and poor are treated alike. Article 39: Certain principles of policy to be followed by the state. (equal pay for equal work) POLITICAL JUSTICE: Every citizen is given equal priority in the political sphere. Because of this irrespective of propriety or educational qualifications, every citizen is allowed to participate in the political system. All citizens have the right to participate in the political process. Articles 325 and 326 provide for the equal rights to all adults to participate in elections. ARTICLE 325: No person to be ineligible for inclusion in or to claim to be included in a special, electoral rolls on grounds of religion, race, caste or sex. ARTICLE 326: Elections to the House of People ( Lok Sabha ) and to the legislative assemblies of states to be on the basis of adult franchise. Slide 10: LIBERTY: (Freedom for development) It is the Liberty of thought, expression, belief, faith and worship. Article 19 guarantees the freedom of speech, expression etc. Articles 25 to 28 (right to religion) of the constitution the freedom of religion including the belief, faith and worship. Note: All Fundamental rights are granted with the reasonable restrictions. EQUALITY: All citizens are equal before the law and enjoy equal protection of the law of the land. NOTE: 1. Equality before law – borrowed from UK 2. Equal protection of Laws – borrowed from the USA. There can be no discrimination between one person and another on the grounds of religion, race, caste, sex, place of birth in matters related to access to public places and public employment. All citizens enjoy equal political rights. Article 14 TO 18 of the Indian Constitution talks about right to equality. FRATERNITY: This means promoting brotherhood among all the citizens. Single citizenship is directed towards promoting the fraternity. The fundamental rights that are guaranteed also promote the fraternity. The Directive Principles of State Policy talks about the promotion of harmony. The objective of the Dignity of the individual was to improve the quality of life for the individuals. The unity and integrity of the nation is possible through the dignity of the individual. ARTICLE 51 A (Fundamental Duties) makes it the duty of every citizen to uphold and protect the sovereignty, unity and integrity of India and promote harmony and brotherhood. Slide 11: The Constitution derives authority from the people (We the people...). Is preamble a part of the Constitution? (Read carefully, many times there were questions from this area). 1960 – In the Berubari case the Supreme Court ruled that Preamble is not a part of Constitution. 1973 – In the Kesavananda Bharati v. State of Kerala case the Supreme Court rejected the earlier opinion and held that Preamble is a part of the Constitution. The Court said that the Constitution could not be amended so as to alter the basic elements. 1995 – In LIC of India v. Consumer Education and Research centre case the Supreme Court again held that the Preamble is an integral part of the Indian Constitution. Note: 1. Preamble is non-justifiable(Its provisions are not enforceable in courts of law). 2. Preamble is neither a source of power to legislature nor a prohibition to the powers of legislature. 3. Preamble can be amended but without altering basic structure of the constitution. Significance of Preamble: Significance of Preamble Soul of Indian constitution(Mohd Hidayatullah); Basic philosophy & fundamental values of Indian constitution; Key to constitution. Mirror to Indian constitution. Identity card of Indian constitution- Nani Palkhiwala. Lighthouse in case of ambiguity to the constitution. Points to be remembered from MCQ point of view: Points to be remembered from MCQ point of view 09 Dec 1946 11 Dec 1946 13 Dec 1946 22 Jan 1947 26 Nov 1949 26 Jan 1950 Dr Sachhidanand Sinha Dr Rajendra Prasad Pandit Jawaharlal Nehru & Objectives Resolution Meaning of 9 words (ideals, aspirations & philosophy of Indian constitution) Source of Indian constitution Amendments- 3 words insertion ( socialist,secular,integrity ) Legal position- Berubari case, Keshvanand Bharti case, LIC case Significance of Preamble FUNDAMENTAL RIGHTS PART III(12-35): FUNDAMENTAL RIGHTS PART III(12-35) Article 12 explains the State. The state includes - The government and the parliament of India ; The government and the state legislature ; All local authorities (municipalities, Panchayat Raj, District boards, etc) ; Other statutory and non statutory authorities (LIC, ONGC etc). The actions of the state (all the above said) can be challenged in the courts as the violation of Fundamental Rights. Article 13 : All laws that are inconsistent with or in derogation of any of the Fundamental Rights shall be void. This article expressively provides for the doctrine of judicial review. This power is conferred to SC ( Article 32) and High Courts (Article 226) that can declare a law unconstitutional and invalid on the grounds of contravention of any of the fundamental Rights. Note: The words ― Judicial Review‖ are not mentioned in the Constitution. RIGHT TO EQUALITY (14-18) Article 14 : Equality before law and equal protection of laws. Equality before law: The absence of any special privileges in favor of any person Note: Equality before law is taken from the British Constitution. Equal Protection of Laws: The equality of treatment under equal circumstances. Note: This is taken from the US Constitution. Article 15 : Prohibition of discrimination on the grounds only of religion, race, caste, sex, or place of birth. (Access to various places). Exceptions: Special provisions for children and Women ; Socially and economically backward sections ; SCs & STs Article 16 : Equality of opportunity in matters of Public employment. Article 16(4) empowers the state to make special provisions for the reservation of appointments or posts in favour of any ―backward class of citizens‖ which in the opinion of state are not adequately represented in the services of the state. Article 17 : Abolition of un- touchability and prohibition of its practice. Accordingly the Parliament passed Untouchability (offences) Act, 1955. In the year 1976, this act is renamed as Civil Rights Act, 1955. ARTICLE-18 : Abolition of titles except military and academic. FUNDAMENTAL RIGHTS PART III(12-35): FUNDAMENTAL RIGHTS PART III(12-35) RIGHT TO FREEDOM (19-22): ARTICLE 19 : Protection of 6 rights. Right to freedom of speech and expression 19 (1) (a) (freedom of expression means the right to express one‘s opinion by words of mouth, writing, printing, picture, or in any other manner) o Right to assemble peacefully and without arms o Right to form associations o Right to move freely throughout the territory of India o Right to reside and settle in any part of the territory of India o Right to practice any profession or to carry on any occupation, trade or business o Right to acquire, hold, and dispose of property (deleted through 44th amendment) Note: On November 20, 2012 the Maharashtra police arrested 2 women ( Shaheen and her friend) for twitting in Facebook for the expression of their opinion after the demise of Shivasena leader Bal Thackery . This was objected many as the violation of article 19 (1) (a) of the Indian Constitution. Article 20 : Protection in respect of conviction for offences. No ex-post-facto Legislation No Double Jeopardy No Self-incrimination Article 21 : Protection of life and personal liberty except in accordance with the procedures established in law. Right to live with human dignity, decent environment, privacy, free education up to 14 years etc. Article 21 A : Right to free and compulsory education for all the children. Note: This was present in Article 45 of the constitution. Through 86th amendment in 2002 it was made a fundamental right. This came into force on April 1, 2010. Article 22 : Protection against arrest and detention in certain cases. Under punitive detention: right to be informed of the grounds of arrest, consult a legal practitioner, and produce before the magistrate within 24 hours. Under preventive detention: grounds of detention should be communicated, provide an opportunity to make representation. FUNDAMENTAL RIGHTS PART III(12-35): FUNDAMENTAL RIGHTS PART III(12-35) RIGHT AGAINST EXPLOITATION (23-24): Article 23 : Prohibition of traffic in human beings and forced labour. Article 24 : Prohibition of employment of children in factories. RIGHT TO FREEDOM OF RELIGION (25-28): Article 25: All persons are equally entitled to (individual freedom of religion)  freedom of conscience,  the right to freely profess practice And propagate religion.  Note: Propagation does not include ‗forced conversions‘. Article 26 : Freedom to Manage Religious Affairs: (collective freedom of religion) To establish and maintain institutions for religious and charitable purposes Own and acquire movable and immovable property Right to administer the property Article 27 : Freedom for Taxation for promotion of a religion. No person shall be compelled to pay taxes for the promotion and maintenance of any religion. (But fees can be charges for maintainance of religious institutions) Article 28 : Freedom from attending religious instruction. No religious instruction shall be provided in any educational institute wholly maintained out of state funds. Religious instructions permitted if it is established by endowments or trust. Article 28(3): No person attending any educational institution recognised by the State or receiving aid out of State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto. CULTURAL AND EDUCATIONAL RIGHTS (29-30): Article 29: Right to conserve language, script or culture. The Article 29 grants protection to both religious and linguistic minorities. Article 30: Right of Minorities to Establish and administer Educational Institutions: All Minorities have the right to establish and administer educational institutions of their choice. Slide 17: RIGHT TO CONSTITUTIONAL REMEDIES (32): The Supreme Court and High Courts can issue writs. Right to move Supreme Court for the enforcement of Fundamental Rights including the writs of Habeas corpus, Mandamus, Prohibition, Certiorari and Quo warrato. Under Article 359 of the constitution provides the right to move to Supreme Court can be suspended during national emergency. According B R Ambedkar Article 32 is the ‘ heart and soul of the Indian Constitution’. HABEAS CORPUS: (TO PRODUCE THE BODY). ü It is an order issued by the court to a person who has detained another person, to produce the body of the latter before it. Hence this is against arbitrary detention. This can be issued to a private person or public authorities. ü Mandamus: (To Command ): Issued to a public official asking him to perform his official duties that he has failed or refused to perform. (this cannot be issued against President or Governor or CJ of a HC or against any private person). ü Prohibition: (to forbid/ to prevent): Issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess. ü Certiorari (To be certified or to be informed) : Issued by a higher court to a lower court or tribunal either to transfer case pending with the latter to it or to squash the order of the latter in a case. ü Quo-warranto (By what Authority?): It is issued by a court to enquire into the legality of claim of a person to a public office holder. ü Article 33 : The Parliament is empowered to abrogate the fundamental rights of the members of armed forces, Para-military forces, police forces, intelligence agencies and other related agencies. ü Note: The law made by the Parliament under Article 33 cannot be challenged in the court of law ü Article 34 : This provides for the restriction of the fundamental rights while martial law is in force in any area within the territory of the country. ü Article 35 : The Parliament makes laws to give effect to certain specified fundamental rights shall vest only in Parliament and not in the state legislature. ü As per the provisions of the Article 35 the Parliament prescribes residence as a condition for certain employments or appointments in a state or union territory or local authority. (Article 16). ü The Parliament can empower the lower courts (Other than Supreme Court and High Courts) to issue directions, orders, and writs of all kinds for the enforcement of the fundamental rights. Slide 21: DPSP (मार्गदर्शक तत्वे) Source of DPSP ( स्त्रोत ) Difference between Fundamental Rights & DPSP ( मुलभूत अधिकार व मार्गदर्शक तत्वे फरक) Significance of DPSP (महत्व) Gandhian, Socialistic & Liberal principles in DPSP ( प्रकार) Articles of DPSP (कलमे) Amendments of DPSP (सुधारणा) Conflict between Fundamental Rights & DPSP (वाद) DPSP in present context Issues related Slide 22: Directive Principles of Our State Policy : Part IV (Art 36-51) Borrowed from- Irish constitution ; (Instruments of Accession during British time; Sapru Report in 1945 finds reference) Non justiciable (न्यायप्रविष्ठ नाही) in nature (can’t be challenged in court of law) Significance (महत्व) -   Fundamental in the governance of the country  and it shall be the duty of the State to apply these principles in making laws. Positive obligations on State- While most of the Fundamental Rights are negative obligations on the state, DPSPs are positive obligations on the state, though not enforceable in a court of law. Required for ‘ Welafare State’ कल्याणकारी राज्य To ensure Social & Economic justice (सामाजिक व आर्थिक न्याय) ‘Conscience of constitution’ संविधानाचा आत्मा -DPSP + FR  >>  Conscience of Indian Constitution(Granville Austin) DPSP & FRs are supplementary & complementary to each other. (पूरक व संपूरक) Objectives - Welfare State + Social & Economic Democracy + Improving living standard) ( उद्दिष्टे – कल्याणकारी राज्य निर्माण करणे + आर्थिक व सामाजिक लोकशाही + नागरिकांच्या राहणीमानाचा दर्जा सुधारणे ) Slide 24: Art 38 ( Social, Political and Economic Justice) लोककल्याणासाठी समाजव्यवस्था प्रस्थापित करणे Article 38 directs the state to secure a social order with economic, political and social justice for the promotion and welfare of the people. Article 38(2) says that state shall strive to minimize the inequalities of income, status, facilities, opportunities etc. Art 39 (Principles of Policy) सरकारी धोरणे (उपजीविकेची साधने ; सामुहिक हित;विकेंद्रीकरण) Article 39 says that while framing policies, state would strive to provide adequate means of livelihood , equal pay for equal work , resource distribution , safety of citizens and healthy development of Children. Art 39-A (Free Legal aid) समान न्याय व मोफत कायदेविषयक सल्ला Article 39-A says that then state will try to make legal system fair and would provide free legal aid by means of some scheme or law etc. Article 40: Organisation of village panchayats ( स्थानिक स्वराज्य संस्था) The State shall take steps to organise village panchayats  and endow them with such powers and authority as may be necessary to enable them to function as units of self-government. Article 41: Right to work, to education and to public assistance in certain cases (कामाचा हक्क) The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemploymen t, old age, sickness and disablement, and in other cases of undeserved want. Article 42: Provision for just and humane conditions of work and maternity relief ( कामाच्या ठिकाणी न्याय्य व मानवी परिस्थिती ) The State shall make provision for securing just and humane conditions of work and for maternity relief. Slide 25: Article 43: Living wage, etc., for workers कामगारांना निर्वाह वेतन The State shall endeavor to secure, by suitable legislation or economic organisation or in any other way, to all workers agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the State shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas. Article 43A: Participation of workers in management of industries ( कामगारांचा व्यवस्थापनात सहभाग ) The State shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organisation engaged in any industry. Article 43-B: Cooperative societies सहकारी सोसायट्यांना प्रोत्साहन (९७ वी घटनादुरुस्ती ) Article 44: Uniform civil code for the citizen ( समान नागरी कायदा) The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India. Article 45: Provision for free and compulsory education for children ( मोफत व सक्तीचे शिक्षण) The State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years.(After 86 th constitutional amendment, ECCE - सहा वर्षाखालील बालकांचे संगोपन व शिक्षणाची तरतूद ) Article 46: Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections अनुसूचित जाती, जमाती शैक्षणिक व आर्थिक संवर्धन The State shall promote with special care the educational and economic interests of the weaker sections of the people, and in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation. Article 47: Duty of the State to raise the level of nutrition and the standard of living and to improve public health ( पोषण व सार्वजनिक आरोग्य सुधारणे ) The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purpose of intoxicating drinks and of drugs which are injurious to health. Slide 26: Article 48: Organization of agriculture and animal husbandry (कृषी व पशुसंवर्धन संघटन ) The State shall endeavour to organize agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter , of cows and calves and other milch and draught cattle. Article 48A: Protection and improvement of environment and safeguarding of forests and wildlife (पर्यावरण संरक्षण व विकास) The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country. Article 49: Protection of monuments and places and objects of national importance (राष्ट्रीय स्मारक व वास्तूंचे जतन) It shall be the obligation of the State to protect every monument or place or object of artistic or historic interest, declared by or under law made by Parliament to be of national importance, from spoliation, disfigurement, destruction, removal, disposal or export, as the case may be. Article 50: Separation of judiciary from the executive ( न्यायमंडळाची कार्यकारी मंडळापासून फारकत ) The State shall take steps to separate the judiciary from the executive in the public services of the State. Article 51: Promotion of international peace and security ( आंतरराष्ट्रीय शांतता व सुरक्षितता ) The State shall endeavour to – (a) promote international peace and security; (b) maintain just and honourable relations between nations; (c) foster respect for international law and treaty obligations in the dealings of organised people with one another; and (d) encourage settlement of international disputes by arbitration Slide 27: (A) The Gandhian Principles ( गांधीवादी तत्वे) Organization of Village Panchayats & to promote cottage industry. 40 Promotion of educational and economic interests of the SCs, the STs and the other weaker sections of the society. 46 To bring about the prohibition of intoxicating drinks and drugs that are injurious to health. 47 Organization of agriculture and animal husbandry on modern and scientific lines to prohibit the slaughter of cows, calves and other milch and draught animals. 48 (B) Socialist Principles ( समाजवादी तत्वे) To secure a social order for the promotion of welfare of the people. 38 To strive to minimise inequalities of income i.e. operation of the economic system does not result in the concentration of wealth and means of production to the common detriment; 39 ownership and control of the material resources of the community are so distributed as best to subserve the common good; Equal justice and free legal aid. 39 A Ownership and control of material resources of the community shall be so distributed so as to subserve the common good. 39 Equal pay for equal work. 39 Health & strength of workers, and the tender age of children must not be abused. 39 Right to work, to education and to public assistance in certain cases. 41 Provision of just and humane conditions for work and maternity relief. 42 Participation of workers in the management of the industries. 43 A Duty of the State to raise the level of nutrition and the standard of living and to improve public health . 47 Children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment. 39 (C) The Western Liberal Principles ( पाश्चात्य तत्वे) Uniform Civil Code for the citizens. 44 Provide free and compulsory education for children below 14 years. 45 Separation of Judiciary from Executive. 50 To promote international peace and amity. 51 Protection of monuments and places and objects of national importance 49 Protection and improvement of environment and safeguarding of forests and wild life. 48 A Slide 28: In the post LPG era-   1. 73rd and 74th Amendment for Panchayat and municipalities, Art 40 2. 86th Amendment 2002 got in Art 21 - A 3. Indradanush, Art 48 4.MUDRA bank, Art 43 5.creation of NITI AYOG, Art 39 6. NRLM, NULM- are some of the initiatives taken by the state to implement the DPSPs and open the economy to the world thereby reducing the income disparity. Issues related to DPSP: Issues related to DPSP UCC Cow slaughter ban RTE Slide 30: FUNDAMENTAL DUTIES (Part IV A, Article 51 A) - 1. These were added on the recommendation of Swaran Singh Committee (1976). 2. This committee recommended for the inclusion of 8 fundamental duties, the amendment included 10 fundamental duties. 3. The Fundamental Duties are borrowed from erstwhile USSR. 4. The 10 Fundamental Duties were added to the Constitution in the year 1976 through 42nd amendment. 5. The 11th Fundamental Duty was added in the year 2002 through the 86th amendment of the Indian Constitution . THE 11 FUNDAMENTAL DUTIES: These duties are laid down in the Article 51A. a) To abide by the Constitution and respect its ideals and institutions, the National Flag and National Anthem b) To cherish and follow the noble ideals which inspired our national struggle for freedom. c) To uphold and protect the sovereignty, unity and integrity of India. d) To defend the country and render national service when called upon so e) 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. f) To value and preserve the rich heritage of our composite culture. g) To protect and improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures h) To develop scientific temper, humanism and the spirit of inquiry and reform i) To safeguard public property and abjure violence. j) 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. k) Every parent or guardian is to provide opportunities for education to his/her child or ward between the age of 06 to 14 yrs NHRC(राष्ट्रीय मानवी हक्क आयोग): NHRC (राष्ट्रीय मानवी हक्क आयोग) Statutory body (वैधानिक संस्था) established under Protection of human Rights Act,1993 i.e. 28 Sept 1993; Further amended in 2006 Structure (९) - Chairman + 4 Members+ 4 Ex Officio members; Chairman has to be Retd Chief Justice of India Members- Serving/ Retd Supreme Court Judge Serving / retd CJ of HC 2 persons with knowledge or exp with Human Rts Ex Officio Members- NCSCs+NCSTs+NCM+NCW Appt- By President of India on recommendations of a committee ( PM+HM+Speaker + Dy Chairman of RS+ LoP of both Houses) Tenure- 70/5 yrs Removal - By President on grounds of Insolvent/Infirmity of mind/Paid employment/Imprisonment for an offence/proved misbehaviour/incapacity. NHRC: NHRC Functions- कार्ये enquiry of Human Rts violation by Govt servants ( suo moto /petition) सरकारी व्यवस्थेद्वारा मानवाधिकारांचे उल्लंघन Visit jails/dormitories for living conditions of inmates जेल अथवा बंदिस्त गृह मधील राहण्याच्या परिस्थितीचे निरीक्षण Intervene in any proceeding of HR violation,in any court. कुठल्याही न्यायालयात मानवाधिकाराच्या उल्लंघनाच्या मामल्यामध्ये बाजू मांडणे Review const itutional & legal safeguards for HR protection मानवाधीकाराबाबत संवैधानिक व न्यायिक संरक्षणाबाबत पुनर्विलोकन Review acts wrt to Human Rts issues मानवाधीकाराबाबत कायद्यांची चाचपणी Study international acts & treaties & recommend मानवाधिकाराच्या आंतरराष्ट्रीय कायद्यांचा अभ्यास व सुधारणांबाबत शासनाला सल्ला Research on HR issues संशोधन HR literacy or awareness amongst population मानवाधीकाराबाबत जागृती Encourage efforts of NGOs towards HR गैर सरकारी संस्थाना मानवाधीकाराबाबत कार्यासाठी प्रोत्साहन NHRC- Powers अधिकार : NHRC- Powers अधिकार Power of a civil court दिवाणी न्यायालयाचे अधिकार Can authorize search of any building/place if it believes that some important document can be found Every proceedings before this commission is deemed as a judicial proceeding. NHRC: NHRC Recommendatory role of NHRC No power to punish but can recommend to Govt Ltd Role wrt Armed Forces; Can ask for report from Central Govt Limitation period of one year after conduct of offence. Human Rights Issues: Human Rights Issues Terrorism & Insurgency Custodial deaths /rapes by Defence or police forces Child labour issues Child prostitution Child marriages Issues of displaced population by mega development projects Human Rights of Mentally ill patients Rights of physically disabled Forceful religious conversion of minorities SHRC: SHRC 25 States have SHRC Structure- Chairperson plus 2 members; Chairperson should be Retd CJ of HC; Members should be serving/ RetdHC judge or Dist Judge having 7 yrs experience Appt- By Governor on recommendations of committee( CM+HM+Speaker+Chairman of Legislative Council+LoP both Houses) Tenure- 70/5 yrs Removal by Governor Other provisions similar to NHRC Human Rights Courts can be established for every District with concurrence of CJ of HC. HUMAN RIGHTS: HUMAN RIGHTS Human Rights are rights inherent to all human beings, whatever our nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status. Characteristics-  Universal and Inalienable Interdependent and Indivisible  Equal and Non-discriminatory  Entail Both Rights and Obligations Historical Context- Created after WWII in 1945 to replace the League of Nations (founded after WWI). The UN enlists the cooperation of the global community to protect human rights, encourage peace and security, engage in humanitarian affairs (i.e., protection for displaced people), develop self-sufficient communities (i.e., farming), and collaborate on international laws (i.e., oceans) - Who wrote UDHR? United Nations Human Rights Commission was formed to draft the Declaration . Chairman: Former First Lady Eleanor Roosevelt - UDHR Articles: UDHR Articles • Article 1 Right to Equality. • Article 2 Freedom from Discrimination. • Article 3 Right to Life, Liberty, Personal Security (Articles 4-21 CIVIL & POLITICAL RIGHTS) • Article 4 Freedom from Slavery • Article 5 Freedom from Torture and Degrading Treatment • Article 6 Right to Recognition as a Person before the Law • Article 7 Right to Equality before the Law Article 8 Right to Remedy by Competent Tribunal • Article 9 Freedom from Arbitrary Arrest and Exile • Article 10 Right to Fair Public Hearing • Article 11 Right to be Considered Innocent until Proven Guilty • Article 12 Freedom from Interference with Privacy, Family, Home and Correspondence • Article 13 Right to Free Movement in and out of the Country UDHR Articles: UDHR Articles Article 14 Right to Asylum in other Countries from Persecution • Article 15 Right to a Nationality and the Freedom to Change It • Article 16 Right to Marriage and Family • Article 17 Right to Own Property • Article 18 Freedom of Belief and Religion • Article 19 Freedom of Opinion and Information • Article 20 Right of Peaceful Assembly and Association. Article 21 Right to Participate in Government and in Free Elections • Article 22 Right to Social Security ( Article 23-27 Economic, Social and Cultural Rights ) • Article 23 Right to Desirable Work and to Join Trade Unions • Article 24 Right to Rest and Leisure • Article 25 Right to Adequate Living Standard • Article 26 Right to Education Article 27 Right to Participate in the Cultural Life of Community • Article 28 Right to a Social Order that Articulates this Document • Article 29 Community Duties Essential to Free and Full Development • Article 30 Freedom from State or Personal Interference in the above Rights HUMAN RIGHTS (मानवी हक्क): HUMAN RIGHTS ( मानवी हक्क) प्रत्येक मानवाला त्याच्या जन्माबरोबरच एक मानव म्हणून प्राप्त झालेले हक्क म्हणजे मानवी हक्क नैसर्गिक हक्क (कोणत्याही प्रथा, परंपरा, कायदा अथवा राज्याची देणगी नाही) मानवी हक्कांचा जागतिक जाहीरनामा (UDHR,1948) मानवी हक्क मुलभूत, वैश्विक व अविभाज्य आहेत (basic , universal & integral) (नैसर्गिक हक्क असल्याने राजसत्तेच्या आधी येतात.मानवी हक्क देणे, न देणे किंवा परत घेणे हे सरकारच्या हातात नसते.) व्यक्तिमत्व विकासासाठी ,मानवी मूल्यांच्या जपवणुकीसाठी ,बौद्धिक, वैचारिक व सद्सद्विवेक्बुद्धीच्या वाढीसाठी महत्वाचे- सन्मानपूर्वक जगण्यासाठी (life with dignity) . मानवी हक्काचे रक्षण करणे हे सुसंस्कृत समाज, स्वयंसेवी संस्था, शासन, न्यायव्यवस्था, UN यांचे आद्य कर्तव्य आहे. ‘ Inherent & inalienable rights of human beings by virtue of being human beings’ Required for Right to life with dignity; Needed for Sustainable development as development needs advancement of Human Rights UN Declaration of Human Rights, 1948 (1 st international multilateral treaty on HR) It includes political,social,economical,cultural rights. Historical Perspective Human Rights in India: Historical Perspective Human Rights in India Since Ancient period, ‘Dharma’ in Hindus or ‘ Dhamma ’ in Buddhism Indian National Freedom movement- War against civil brutalities and violation of Human Rights; Making conscious to the masses about their moral & legal rights India is a signatory to UDHR, 1948. HUMAN RIGHTS (मानवी हक्क)- संस्था : HUMAN RIGHTS ( मानवी हक्क)- संस्था UNHRC- १९४६; ४ 3 सदस्य; UN Human Rights Council- २००६, 47 सदस्य ; 3 वर्ष कालावधी UN Commissioner for Human Rights- 1993 Protection of human Rights Act,1993 NHRC, SHRC UN Decade for Human Rights Education (1995-2004) Syllabus: Syllabus State, Individual Liberty, Freedom and Democracy: The changing role of State with special reference to developing countries, Concept of development, under development and Social action, need for Collective action in developing societies and methods of Social action, NGOs and Human Rights in India: - Land, Water, Forest issues. Economic Growth & Development(आर्थिक वाढ व आर्थिक विकास): Economic Growth & Development( आर्थिक वाढ व आर्थिक विकास) Economic growth- Quantitative ( संख्यात्मक वाढ) Economic Development - Qualitative (गुणात्मक वाढ) Criteria for Economic classification of countries- 1.World Bank- Per capita income ( दरडोई उत्पन्न) 2012 - (a) >12,616 US dollars PCI per annum (Rich countries) (b) < 1035 US dollars PCI per annum (Poor countries) 2.UNDP – HDI on basis (Longevity,Income & Education-LIE), India-130 3.Dominant sector in Economy (Developed, Developing & Underdeveloped- विकसित,विकसनशील आणि अविकसित) Economic Growth Economic Development -Increase in production -Increase in production and welfare -Quantitative concept -Qualitative concept -Uni-dimensional -Multidimensional -Just a means to an end -An end in itself – this is what countries aim at -Major concern of developed countries -Major concern of developing countries -Growth can happen without development -Development cannot happen without growth Indicators -Real GDP -Real per capita income Indicators -Human Development Index (HDI) -Physical Quality of Life Index (PQLI) -Net Economic Welfare (NEW) Slide 48: Sectors in Indian Economy-( Pri,Sec,Tertiary OR Organised,Unorganised OR Public, Private) 1.Primary- प्राथमिकक्षेत्र (Exploitation of natural resources; basic or primary for production of further goods e.g.agri,dairy,forestry,fishing , ) - Red collar professionals 2. Secondary (द्वितीयकक्षेत्र)- Manufacturing using primary goods – e.g. Sugar from sugarcane,Cloth from cotton; mining or extraction( खाणकाम) Blue collar professionals 3. Tertiary( तृतीयकक्षेत्र)- Don’t produce any goods but support primary or secondary sector e.g. Transport,communication,banking,healthcare,education,etc - White collar professionals Few believe in Quaternary & Quinnary - sectors चतुर्थक क्षेत्र ( Quaternary Sector) - उच्च बौद्धिक क्षमतेचा वापर उदा. R & D. पंचम क्षेत्र ( Quinnary Sector) - समाजातील व अर्थव्यवस्थेतील स र्वोच्च स्तरावरील निर्णय प्रक्रियेचा समावेश – Gold collar professionals Organised & Unorganised sector ( संघटीत व असंघटीत क्षेत्र- कांता व कमल उदाहरण ) (As per NSSO report of 2011-12, out of 47.41 cr workforce in India, 82.7% is in unorganised sector & only 17.3% is in organised sector.) Public & Pvt sector ( सार्वजनिक आणि खाजगी क्षेत्र )- In public sector, Govt owns assets & responsible for provision of services e. Post,Telegraph . Where as in Pvt sector, ownership of assets & delivery of services is in hands of companies or individuals. Economic Development: Economic Development Human Development Index (HDI) – मानवी विकास निर्देशांक -Founding fathers: Amartya Sen + Mahbub-ul-Haq + Meghnad Desai -UNDP: Incorporated HDI in its Human Development Report in 1990 ; presently 188 countries considered for HDI calculation. - It Offers an alternative to GNP for measuring the relative socio-economic progress of nations . - Reflects: The average achievements of a country along the following dimensions— (LIE) Longevity (Life expectancy at birth) + Command over resources needed for decent life (GDP per capita in PPP US $) + Educational attainment (Adult Literacy Rate + Combined primary, secondary & tertiary gross enrolment ratio) Economic Development: Economic Development Amartya Sen—  Should enhance people’s capabilities (क्षमतांचा विकास)  Capabilities: the freedom that a person has in terms of the choice of functioning, given his personal features & command over commodities  Countries with high levels of income but poor health & education standards; Cases of ‘growth without development’ Environmental Rights & Human Rights: Environmental Rights & Human Rights Relationship between newer Technology & Environmental destruction- Through the rapid acceleration of science and technology, we have acquired the power to transform our environment in countless ways and on an unprecedented scale. Humanity’s capacity to transform its surroundings, if used wisely and with respect to the ways of nature, can bring to all communities the opportunity to enhance the quality of life. Wrongly or heedlessly applied, or applied in inequitous ways, the same power can do incalculable harm to human beings and their environment. We see around us growing evidence of human-caused harm in many regions of the Earth: (pollution +climate change + deficiencies in ecosystem) Natural resources such as air, water, and land are fundamental to all life forms: they are, much more than money and economic infrastructure, the base of our survival. “ Humans have the fundamental right to freedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being, and a solemn responsibility to protect and improve the environment for present and future generations”. Ecosystem People & Dependence on Natural resources- ‘ecosystem people’ ( people depending on the natural environments of their own locality to meet most of their material needs), natural resources are the base of survival and livelihoods. Their material and economic sustenance largely depends on these. In India alone, around 70% of the population directly depends on land-based resources. Human Right & Livelihood- Life, livelihoods, culture and society, are fundamental aspects of human existence – hence their maintenance and enhancement is a fundamental human right. Destruction of environment and thereby of the natural resources, is therefore, a violation or leads to the violation of human rights – directly by undermining above aspects of human existence, or indirectly by leading to other violations of human rights, for example through social disruption, conflicts and even war. Human Rights & Biodiversity- The concept of environment as a basic human right , must also encompass a respect for the right of other species to survive on this planet. Slide 52: Displacement - The present crisis of the indigenous people consists precisely in the weakening and damaging of the ultimate base of their sustenance, namely land. Since the dawn of independence the Indian ruling class, effectively using the government machinery, has been alienating adivasi land in the name of ‘national interests’. The biggest threat to the adivasi people is the large-scale alienation of their land through mega projects such as mines, industries, wildlife reserves, townships, highways, military establishments, and other projects in the name of ‘national development’ and ‘national interests’. - T he worst affected are the poorer sections of society . The situation is compounded by slack and inadequate enforcement of laws and legislations. DISPALCEMENT OF POPULATION & THEIR HUMAN RIGHTS: DISPALCEMENT OF POPULATION & THEIR HUMAN RIGHTS Appx 6-6.5 cr people displaced in India since independence due to displacement (1.5 cr - dams, 25 lakh - mining, 12.5 lakh -industrial projects, 6 lakh - sanctuaries & National Parks) Reasons- DEVELOPMENTAL PROJECTS, DISASTERS Dams-( Sardar Sarovar Dam- Roughly 1 lakh families & 5 lakh people dispalced ; Tehri dam 85,600 displaced; Only NTPC & Coal India Ltd had R&R policies before 1980s) Mining Industrial projects-Focus on LSIs before 1991; dual whammy to landless labourers as they neither get any compensation nor any job; e.g. POSCO plant in Orissa & controversy SEZ- Conditions for acquisition of land,R & R decided at the level of developers - MOST VULNERABLE IS TRIBAL POPULATION & RURAL INDIA DISPALCEMENT OF POPULATION & THEIR HUMAN RIGHTS: DISPALCEMENT OF POPULATION & THEIR HUMAN RIGHTS Land Acquisition Act,1894 ( no clause related to R & R, only related to land acquisition) Urban Land Ceiling & Regulation Act,1976 ( upper limit in urban area for land acquisition- 500 to 2000 sqm ; only implemented in 64 cities of 17states) Urban Land Ceiling & Regulation Repeal Act,1999 ( in order to make available land for Govt housing schemes) LARR 2013 & 2015 LARR Act, 2013: LARR Act, 2013 LARR Amendment,2015: LARR Amendment,2015 NGOs & Human Rights: NGOs & Human Rights NGO- Non Governmental (without any support from Govt & over & above Governmental structure)+ organisation( works in an organised manner with a particular objective in consideration) Important role in awareness about Human Rights issues- Collection of data, surveillance,assists in law making on HR, help to victims,prevention of HR violation,etc . Slide 62: Social Structure and Social Problems: Social and Communal Conflicts and Social Harmony, Rural Poverty, Unemployment, Bonded Labour, Migrant workers and Human Rights Violations, Human Rights of mentally and physically challenged. Slide 63: SOCIAL HARMONY & COMMUNAL CONFLICTS India is a society of more than a billion people having different ethnic origins and divided into a number of castes and communities. There are at least eight major religions, 22 scheduled languages and over 600 political parties in India. During seventy years, since independence, India has suffered several spasms of violence and conflicts on account of fundamentalism and communalism caused by various contributory factors. However, due to strong civilizational roots and its democratic system, she has overcome and survived all tribulations.. Historical view India, as a multi-religious, multi-lingual, multi-racial and multi-cultural society, has served as an outstanding example of unity in diversity among the fast maturing democracies across the world. India is the place for the origin of Hinduism, Buddhism, Jainism and Sikhism . Hinduism, the largest Indian faith by population, is itself pluralistic, and polytheist which gives each individual enough space to practice one’s faith. Also, Buddha has been considered as one of the incarnations of Vishnu and worshipped by Hindus for many years. Buddhism and Jainism were established to get rid of the caste system , and these emphasized on meditation and non – violence. Sikhism on the other hand, was born much later, in Punjab in the 15 th  century. Guru Nanak, tried to elaborate a kind of syncretism between Hinduism and Islam, centered on a unique God. Guru Nanak had several successors, and it is the fifth guru who built the much revered Golden Temple in Amristar in 1604. The next gurus faced serious problems with the Mughal Empire, and organized the community around martial and fiery traditions (the Khalsa order). The lineage stopped at the tenth guru, and Sikhs now rely on a holy book, the Guru Granth Sahib. Indian religions are known to have co-existed and evolved together for many centuries before the arrival of Islam in the 12th century, followed by Mughal and colonial era. Ashoka about 2200 years ago, Harsha about 1400 years ago accepted and patronized different religions . The people in ancient South Asia had freedom of religion, and the state granted citizenship to each individual regardless of whether someone’s religion was Hinduism, Buddhism, Jainism or any other. Indian Independence Movement is the best example for Hindu-Muslim unity. It is only then that an atmosphere of peace and good relations could be maintained in the country. During the movement, all the people took part in the struggle for freedom inspired by the thoughts of Gandhi, Ambedkar and Bhagat Singh. Constitutional view- Preamble + Fundamental Rights ( Art 25 to 28) + DPSP ( Art 44 UCC) + Fundamental Duties ( Communal Harmony) Social and Communal disturbances in India Reasons for communal disturbances and the social disharmony is the feeling of insecurity and mistrust among the minorities. At the same time, misinformation campaign against minority communities & religious conversions also tend to increase tension from time to time. Institutionalization of communal politics and highlighting of communal and controversial issues by the media also pose a serious challenge Main Examples Communal Disharmony in India: Main Examples Communal Disharmony in India Partition of India & repercussions Sikh massacres ( 1984) Babri Masjid demolition (1992) Gujrat riots ( 2002) Muzaffarnagar riots ( 2014) Beef controversy & riots Slide 65: Factors affecting the harmony- (Religious intolerance) The alarming rise of fundamentalism is a great concern to the nation. t hampers the growth of the nation at every step. If the nation wishes to make sound progress in the socio-economic, political and scientific spheres, communal harmony has to be ensured as a permanent feature of life. Evil forces trying to destroy this should be destroyed at any cost. It is also our duty to spread the message of importance of communal harmony. Some of the major factors which contribute to fundamentalism and communalism and which ultimately disturb peace and harmony of the nation include illiteracy, ethnicity, casteism , patriarchy, linguistic chauvinism, admixture of politics with religion, uneven socio-economic implementation of rule of law. Casteism Casteism is a big factor in disturbing the harmony in society. In Indian  varna system , castes have playing a big role. By inculcating the idea of social harmony in society, it is possible to ensure the prevalence of goodwill thereby making it possible to create a caste-free society. Religious factor British Divide & Rule Policy; Post independence role of political parties Regional imbalances The regional imbalances also affect the social harmony. Unequal index of the development for the different parts of the country is the main reason for this. It resulted Naxalism , Bodoland and the present problems of North-Eastern region etc. To establish harmony and peace in society, it is necessary to develop the nation equally and equitably. Economic factors On the economic front, the fruits of economic development have not been shared equitably among all sections of society. This has led to economic deprivation of some sections leading to ill-will and jealousies, responsible for unrest and strife. The biggest challenge in promotion of social harmony is the lack of will to uphold the ‘rule of law’. It is necessary to remove economic imbalances in the society if social harmony were to be established. Terrorism In the present scenario, the terrorism has affected the social harmony and peace. The state of Jammu & Kashmir and North-eastern states are the big example of this. In this region, the Hindu, Muslim and other communities had lived together with peace and harmony but now it is badly affected and the Hindus often migrating from the region to another part of the country. It is a big problem to establish peace and harmony in the region. Political factors After independence, conflicts arise only when few people and political parties misuse the religion for promoting injustice and violence, committing crime against humanity for their own benefit.  Illiteracy Another serious handicap in the promotion of social harmony is lack of quality education. Educational institutions are turning out students who are devoid of social wisdom; value-based and moral education is lacking in their curriculum. The education system has not properly incorporated the study of comparative religion that is vital for development of a healthy and holistic perspective in life. In addition, educational curriculum taught to the students does not adequately include issues that promote communal and social harmony. Educational institutions, in some instances, impart religious education, which is biased and prejudiced against the teachings of other religions/communities. Not only this, some sections of society are deprived of even basic education. POVERTY- Types: POVERTY- Types Def- ‘ Denial of choices & opportunities, a violation of human dignity. It means lack of basic capacity to participate effectively in society.’- UN PPP <1.90 dollars per day (Extreme poverty) Types- (a ) Absolute poverty- Based on a pre-determined (subsistence) level of per capita consumption expenditure of population.e.g.28 % BPL Population - Amount required for basic human functioning - Dr Amartya Sen’s Capability Based Approach (b ) Relative Poverty- Estimates poverty in relation to the economic status of other individuals in the society. e.g. Dalits poorer than Marwaris - It captures inequality of income, rather than income levels in the society (per capita income of lower 25% of the population as compared to upper 25% of population in a country.) - Measures to capture income inequality Ginni’s Coefficient; Poverty Gap Index (PGI) - Dr Kaushik Basu’s approach, Dr C Rangrajan’s approach for poverty estimation Rural & Urban Poverty Committees: Rural & Urban Poverty Committees . Saxena Committee for BPL Census in Rural area (2009)- Automatic exclusion like double the avg agri land of dist,four or three wheelers , mechanised farm eqpt like tractor,thresher,salary 10000, ITR Automatic inclusion like primitive tribal group,mahadalit, family head as minor or destitute or disabled or single woman. . Hashim Committee for BPL fam in Urban Areas UNEMPLOYMENT(Involuntary): UNEMPLOYMENT(Involuntary) TYPES- URBAN UNEMPLOYMENT 1. INVOLUNTARY अनैश्चिक बेरोजगारी ( (No Demand) 2. STRUCTURAL संरचनात्मक बेरोजगारी ( demand for labour less, supply more;problem of urbanisation ) 3. CYCLICAL चक्रीय बेरोजगारी (Unemployment during downtrend of business cycle i.e. during recession of developed economies.Also known as Keynessian unemployment) 4. FRICTIONAL घर्षणात्मक बेरोजगारी (During change of job; transitional phenomenon; Also known as ‘search unemployment’) 5. TECHNOLOGICAL UNEMPLOYMENT- Loss of jobs due to technological changes/innovations; e.g. Artificial Intelligence 6 . UNDEREMPLOYMENT RURAL UNEMPLOYMENT- 1. SEASONAL हंगामी बेरोजगारी (mainly found in agriculturally dominant economy) 2. DISGUISED प्रच्छन्न /छुपी बेरोजगारी ;सीमांत उत्पादकता शून्य (Marginal productivity of labour is zero; More than necessary number of people employed for a specific work; typical feature of agriculture sector of underdeveloped/developing economies) Bonded Labour: Bonded Labour Bonded labour is a specific form of forced labour in which compulsion into servitude is derived from debt. Categorized and examined in the scholarly literature as a type of forced labour, bonded labour entails constraints on the conditions and duration of work by an individual. Not all bonded labour is forced, but most forced labour practices, whether they involve children or adults, are of a bonded nature. Bonded labour is most prevalent in rural areas where the agricultural industry relies on contracted, often migrant labourers. However, urban areas also provide fertile ground for long-term bondage. Characterized by a creditor-debtor relationship that a labourer often passes on to his family members, bonded labour is typically of an indefinite duration and involves illegal contractual stipulations. Contracts deny an individual the basic right to choose his or her employer, or to negotiate the terms of his or her contract. Bonded labour contracts are not purely economic; in India, they are reinforced by custom or coercion in many sectors such as the agricultural, silk, mining, match production, and brick kiln industries, among others. Origin and Causes of India’s Bonded Labour Problem- Bonded labour stems from a variety of causes, which are highly debated in the literature: an ingrained legacy of caste-based discrimination, vast poverty and inequality, an inadequate education system, unjust social relations, and the government’s unwillingness to alter the status quo all exemplify a few such causes. Additionally, India’s colonial background and caste system have made it difficult to delineate the history of labourers’ “ unfreedom ,” as termed by several authors, and to understand legal and actual differentiations between slavery under British rule and debt bondage and child labour today. There are many cultural reasons for the persistence of child labour in India. An expectation that children should contribute to the socioeconomic survival of the family and community, as well as the existence of large families, land scarcity, and inadequate enforcement of labour laws are contributing factors to this problem. In urban areas, following the migration of families to overpopulated cities, the disintegration of such families due to alcoholism and unemployment often results in a proliferation of children living on the street, becoming labourers, and ente

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