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Special Rights in Indian Constitution

The document discusses various constitutional provisions and legal safeguards for marginalized groups in India, including Scheduled Castes/Tribes, Other Backward Classes, women, children, and religious/linguistic minorities. Key protections include reserving political seats and jobs, abolishing untouchability, promoting education and socioeconomic development, and preventing discrimination. The constitution aims to treat these groups equally, improve their living standards, and protect their social, economic, cultural, and religious rights.

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0% found this document useful (0 votes)
36 views6 pages

Special Rights in Indian Constitution

The document discusses various constitutional provisions and legal safeguards for marginalized groups in India, including Scheduled Castes/Tribes, Other Backward Classes, women, children, and religious/linguistic minorities. Key protections include reserving political seats and jobs, abolishing untouchability, promoting education and socioeconomic development, and preventing discrimination. The constitution aims to treat these groups equally, improve their living standards, and protect their social, economic, cultural, and religious rights.

Uploaded by

sonali dey
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Meaning

• Special rights is a term originally used by conservatives and libertarians to refer to


laws granting rights to one or more groups that are not extended to other groups. 
Special rights for dalit and backwards
• The meaning of the word Dalit is oppressed or broken.
• Dalit is basically a caste defined in Constitution under Article 341, listed as the
Scheduled Castes.
• Other Backward Class (OBC) is a collective term used by the Government of
India to classify castes which are educationally or socially disadvantaged.
• Indian constitution provides a number of safeguards to Scheduled Castes to ensure
their all-round development and protection against all kinds of the discriminations.
• Article 17 has abolished to the practice of untouchability.
• Article 330 and 332 gave reservation of seats to appointments
• Article 338 has made provision for the special officer to investigate all matters
relating to the safeguards for the Scheduled Castes
• Article 46 relates to special care about the educational and economic interest of the
Scheduled Castes.
• Protection of Civil Rights Act 1955: By this Act, enforcement of any disability
arising out of untouchability has been made an offence punishable in accordance
with the relevant provisionsThe above provisions of International Bill of Rights and
Indian Constitution ensure that Scheduled Castes and Scheduled Tribes be treated
equally and not be discriminated.
• It ensures that the state provides for measures to improve Socio-Economic conditions
of SC/ST so that they achieve a minimum standard of living.
• The state is to protect Social, Economic and Cultural rights of them.
IMPORTANT CONSTITUTIONAL AND LEGAL PROVISIONS FOR WOMEN IN
INDIA
• The principle of gender equality is enshrined in the Indian Constitution in its
Preamble, Fundamental Rights, Fundamental Duties and Directive Principles.
• The Constitution not only grants equality to women, but also empowers the State to
adopt measures of positive discrimination in favour of women.
• Fundamental Rights, among others, ensure equality before the law and equal
protection of law; prohibits discrimination against any citizen on grounds of religion,
race, caste, sex or place of birth, and guarantee equality of opportunity to all citizens
in matters relating to employment.
 CONSTITUTIONAL PRIVILEGES
• (i) Equality before law for women
• (ii) The State not to discriminate against any citizen on grounds only of religion,
race, caste, sex, place of birth or any of them
• (iii) The State to make any special provision in favour of women and children
• (iv) Equality of opportunity for all citizens in matters relating to employment or
appointment to any office under the State
• (v)The State to direct its policy towards securing for men and women equally the
right to an adequate means of livelihood; and equal pay for equal work for both men
and women
• (vi) To promote justice, on a basis of equal opportunity and to provide free legal aid
to ensure that opportunities for securing justice are not denied to any citizen
• (vii) The State to make provision for securing just and humane conditions of work
and for maternity relief
• (viii) The State to promote with special care the educational and economic interests
of the weaker sections of the people and to protect them from social injustice and all
forms of exploitation
• (ix) The State to raise the level of nutrition and the standard of living of its people
• (x) To promote harmony and the spirit of common brotherhood amongst all the
people of India and to renounce practices derogatory to the dignity of women
• (xi) Not less than one-third of the total number of seats to be filled by direct election
in every Panchayat and Municipality to be reserved for women
children

• The Indian constitution accords rights to children as citizens of the country,


and in keeping with their special status the State has even enacted special laws.
• The Constitution, promulgated in 1950, encompasses most rights included in the UN
Convention on the Rights of the Child as Fundamental Rights and Directive
Principles of State Policy.

Constitutional Guarantees that are meant specifically for children include:


• Right to free and compulsory elementary education for all children in the
6-14 year age group
• Right to be protected from any hazardous employment till the age of 14
years
• Right to be protected from being abused and forced by economic
necessity to enter occupations unsuited to their age or strength
• Right to equal opportunities and facilities to develop in a healthy manner
and in conditions of freedom and dignity and guaranteed protection of
childhood and youth against exploitation and against moral and material
abandonment
• Right to early childhood care to all children until they complete the age of
six years
Besides, Children also have rights as equal citizens of India, just as any other
adult male or female:
• Right to equality
• Right against discrimination
• Right to personal liberty and due process of law
• Right to being protected from being trafficked and forced into bonded
labourRight of minorities for protection of their interests
• Right of weaker sections of the people to be protected from social
injustice and all forms of exploitation
• Right to nutrition and standard of living and improved public health
SPECIAL RIGHTS FOR RELIGIOUS AND LINGUISTIC MINORITIES
What is a Minority?
• "Minority" is a group of persons having different race, language or religion from that
of majority of inhabitants.
• Article 30(1) uses the terms 'linguistic' or 'religious' minorities
Religious Minorities in India
• The basic ground for a community to be nominated as a religious minority is the
numerical strength of the community.
• Minority communities in India are:
• Muslims, Christians, Buddhists, Sikhs, Jains and Parsis
Linguistic Minorities
• Class or group of people whose mother language or mother tongue is different from
that of the majority groups is known as the linguistic minorities.
• The Constitution of India protects the interest of these religious and linguistic
minorities.  
Constitutional Provisions for Minorities
• The constitutional rights of minorities can be broadly placed under
common domain’ and ‘separate domain’.
• The rights which fall in the category of ‘common domain’ are enjoyed by
all the citizens of our country.
• ‘Separate domain’ includes those rights which are applicable to the
minorities only and these rights under this domain are meant to protect
the identity of the minorities.
• To this end the Constitution of India provides three sets of rights to the
minorities:
• (i) Right to preserve their culture and language
• (ii) Administer and manage minority institutions and
• (iii) Provide religious education in an institution which is managed and
aided by the minority communities
• However, the ‘common domain’ of the constitutional rights comes under
both-the Fundamental Rights and the Directive Principles of State Policy.
• The DPSP includes the following provisions which have significant
implications for the minorities of our country:
• i) Obligation of the State ‘to endeavor to eliminate inequalities in status,
facilities and opportunities amongst individuals and groups of people
residing in different areas or engaged in different vocations.
• ii) Obligation of State ‘to promote with special care’ the educational and
economic interests of ‘the weaker sections of the people’ (besides
Scheduled Castes and Schedule Tribes)
• Article 51A, is of special relevance for the Minorities, has the following
provisions for them:
• i) Citizens’ duty to promote harmony and the spirit of common
brotherhood amongst all the people of India ‘transcending religious,
linguistic and regional or sectional diversities; and
• ii) Citizens’ duty to value and preserve the rich heritage of our composite
culture.
• i) People’s right to ‘equality before the law’ and ‘equal protection of the
laws’
• ii) Prohibition of discrimination against citizens on grounds of religion,
race, caste, sex or place of birth
• iii) Authority of State to make ‘any special provision for the advancement
of any socially and educationally backward classes of citizens’ (besides
the Scheduled Castes and Scheduled Tribes)
• iv) Citizens’ right to ‘equality of opportunity’ in matters relating to
employment or appointment to any office under the State –and
prohibition in this regard of discrimination on grounds of religion, race,
caste, sex or place of birth
• v) Authority of State to make ‘any provision for the reservation of
appointments or posts in favour of any backward class of citizens which,
in the opinion of the State, is not adequately represented in the services
under the State
• vi) People’s freedom of conscience and right to freely profess, practice
and propagate religion-subject to public order, morality and other
Fundamental Rights
• vii) Right of every religious denomination or any section thereof-subject
to public order, morality and health-to establish and maintain institutions
for religious and charitable purposes, ‘manage its own affairs in matters
of religion’, and own and acquire movable and immovable property and
administer it ‘in accordance with law’
• viii) Prohibition against compelling any person to pay taxes for
promotion of any particular religion
• ix) People’s ‘freedom as to attendance at religious instruction or religious
worship in educational institutions’ wholly maintained, recognized, or
aided by the State
• The Constitution guarantees the following minority rights which fall
under the ‘separate domain’:
• i) Right of ‘any section of the citizens’ to ‘conserve’ its ‘distinct
language, script or culture’
• ii) Restriction on denial of admission to any citizen, to any educational
institution maintained or aided by the State, ‘on grounds only of religion,
race, caste, language or any of them’
• iii) Right of all religious and linguistic minorities to establish and
administer educational institutions of their choice
• iv) Freedom of minority-managed educational institutions from
discrimination in the matter of receiving aid from the State
• v) Special provision relating to the language spoken by a section of the
population of any State
• vi) Provision for facilities for instruction in mother-tongue at primary
stage
• vii) Provision for a Special Officer for linguistic minorities and his duties
and
• viii) Sikh community’s right of ‘wearing and carrying kirpans
CONCLUSION
• The secular democratic character of the Constitution has tried to maintain
a delicate balance between individual and group rights of citizens.
• Thus the state gives freedom to an individual to follow or not to follow
any religion, and to adopt or not to adopt any culture.
• At the same time, the groups have been given liberty to work for
preservation and promotion of their group identity.

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