शीर्षक, अनुलग्नक फ़ाइल. Constitution of India - in English, PDF icon Download. Constitution of India - in Hindi, PDF icon Download. Constitution of India. Articles of the Constitution of India – List of Important Articles Download PDF! 5 months ago. Save. This post is also available in: हिन्दी (Hindi). At the . Download Constitution Of India In Hindi. अनुक्रमणिक [Index]. beijuaganette.ga .in/coi/beijuaganette.ga (0) भारत का संविधान - उद्देशिका.
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List of All () Articles of the Indian Constitution; Download and read online the List of important articles of the Constitution of India as PDF. Post Tagged with: "indian constitution articles list pdf in hindi". Indian Constitution Related Important Bits for all Competitive Exams. July Constitution of India contains articles in 22 parts. This summary of Indian Constitution (index) should be very handy for Indian polity students.
P [lviii] , the Supreme Court had held that the death penalty was not violative of Articles 14, 19 and It was said that the judge was to make the choice between the death penalty and imprisonment for life on the basis of circumstances, facts, and nature of crime brought on record during trial. Therefore, the choice of awarding death sentence was done in accordance with the procedure established by law as required under article 21 But, in Rajindera Parsad v.
State of Punjab [lx] , the leading case of on the question, a constitution bench of the supreme court explained that article 21 recognized the right of the state to deprive a person of his life in accordance with just, fair and reasonable procedure established by valid law.
It was further held that the death penalty for the offense of murder awarded under section of I. C did not violate the basic feature of the constitution. If anything endangers or impairs that quality of life in derogation of laws, a citizen has right to have recourse to Art.
The following are some of the well-known cases on the environment under Article In M. Mehta v. Union of India [lxii] , the Supreme Court ordered the closure of tanneries that were polluting water. Union of India [lxiii] , the Supreme Court issued several guidelines and directions for the protection of the Taj Mahal, an ancient monument, from environmental degradation.
In Vellore Citizens Welfare Forum v. Union of India [lxiv] , the Court took cognizance of the environmental problems being caused by tanneries that were polluting the water resources, rivers, canals, underground water, and agricultural land.
The Court issued several directions to deal with the problem. It includes the right to freedom from stray cattle and animals in urban areas.
Union of India [lxvi] , the Court held that the blatant and large-scale misuse of residential premises for commercial use in Delhi violated the right to salubrious sand decent environment. Taking note of the problem the Court issued directives to the Government on the same. Deora v. Union of India [lxvii] , the persons not indulging in smoking cannot be compelled to or subjected to passive smoking on account of the act of smokers.
Right to Life under Article 21 is affected as a non-smoker may become a victim of someone smoking in a public place. Right Against Noise Pollution In Re: Noise Pollution [lxviii] , the case was regarding noise pollution caused by obnoxious levels of noise due to bursting of crackers during Diwali. It guarantees the right of persons to life with human dignity. The human life has its charm and there is no reason why life should not be enjoyed along with all permissible pleasures.
Anyone who wishes to live in peace, comfort, and quiet within his house has a right to prevent the noise as pollutant reaching him. Any noise, which has the effect of materially interfering with the ordinary comforts of life judged by the standard of a reasonable man, is nuisance…. While one has a right to speech, others have a right to listen or decline to listen.
Nobody can be compelled to listen and nobody can claim that he has a right to make his voice trespass into the ears or mind of others. If anyone increases his volume of speech and that too with the assistance of artificial devices so as to compulsorily expose unwilling persons to hear a noise raised to unpleasant or obnoxious levels then the person speaking is violating the right of others to a peaceful, comfortable and pollution-free life guaranteed by Article In Essar Oil Ltd.
Reiterating the above observations made in the instant case, the Apex Court in Reliance Petrochemicals Ltd. Proprietors of Indian Express Newspapers, ruled that the citizens who had been made responsible to protect the environment had a right to know the government proposal. As long as , the English Magna Carta provided that, No freeman shall be taken or imprisoned… but… by the law of the land.
The smallest Article of eighteen words has the greatest significance for those who cherish the ideals of liberty. What can be more important than liberty? The Supreme Court of India has rejected the view that liberty denotes merely freedom from bodily restraint, and has held that it encompasses those rights and privileges that have long been recognized as being essential to the orderly pursuit of happiness by free men.
Police Regulations that provided for surveillance by way of domiciliary visits and secret picketing. The prohibition against its deprivation extended to all those limits and faculties by which the life was enjoyed. This provision equally prohibited the mutilation of the body or the amputation of an arm or leg or the putting of an eye or the destruction of any other organ of the body through which the soul communicated with the outer world.
The majority held that the U. Police Regulations authorizing domiciliary visits [at night by police officers as a form of surveillance, constituted a deprivation of liberty and thus] unconstitutional. The Court observed that the right to personal liberty in the Indian Constitution is the right of an individual to be free from restrictions or encroachments on his person, whether they are directly imposed or indirectly brought about by calculated measures.
The Supreme Court has held that even lawful imprisonment does not spell farewell to all fundamental rights. Right to privacy has been culled by the Supreme Court from Art. For the first time in Kharak Singh v. Police Regulations constituted an infringement of any of the fundamental rights guaranteed by Part III of the Constitution.
It is true our Constitution does not expressly declare a right to privacy as a fundamental right but the said right is an essential ingredient of personal liberty. Every democratic country sanctifies domestic life; it is expected to give him rest, physical happiness, peace of mind and security.
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In Govind v. State of Madhya Pradesh [lxxii] , The Supreme Court took a more elaborate appraisal of the right to privacy. In this case, the court was evaluating the constitutional validity of Regulations and of the Madhya Pradesh Police Regulations, which provided for police surveillance of habitual offenders including domiciliary visits and picketing of the suspects.
It is only persons who are suspected to be habitual criminals and those who are determined to lead a criminal life that is subjected to surveillance. Mathew J. Hence, assuming that the right to personal liberty. Rajagopalan v. A citizen has a right to safeguard the privacy of his own, his family, marriage, procreation, motherhood, childbearing and education among other matters.
None can publish anything concerning the above matters without his consent — whether truthful or otherwise and whether laudatory or critical. If he does so, he would be violating the right to privacy of the person concerned and would be liable in an action for damages. Position may, however, be different, if a person voluntarily thrusts himself into controversy or voluntarily invites or raises a controversy.
This is for the reason that once a matter becomes a matter of public record, the right to privacy no longer subsists and it becomes a legitimate subject for comment by press and media among others.
We are, however, of the opinion that in the interests of decency [Article 19 2 ] an exception must be carved out to this rule, viz. Once the facts in a given case constitute a right to privacy; Article 21 is attracted. Scope and Content of Right to Privacy: Tapping of Telephone Emanating from the right to privacy is the question of tapping of the telephone. Malkani v. The protection is not for the guilty citizen against the efforts of the police to vindicate the law and prevent corruption of public servants.
Telephone tapping is permissible in India under Section 5 2 of the Telegraph Act, The Section lays down the circumstances and grounds when an order for the tapping of a telephone may be passed, but no procedure for making the order is laid down therein. Union of India held that in the absence of just and fair procedure for regulating the exercise of power under Section 5 2 of the Act, it is not possible to safeguard the fundamental rights of citizens under Section 19 and Accordingly, the court issued procedural safeguards to be observed before restoring to telephone tapping under Section 5 2 of the Act.
Telephone tapping would, thus, infract Article 21 of the Constitution of India unless it is permitted under the procedure established by law. The procedure has to be just, fair and reasonable.
The Supreme Court ruled that the right to privacy was not absolute and might be lawfully restricted for the prevention of crime, disorder or protection of health or morals or protection of rights and freedom of others.
The court explained that the right to life of a lady with whom the patient was to marry would positively include the right to be told that a person, with whom she was proposed to be married, was the victim of a deadly disease, which was sexually communicable.
Right to privacy and subjecting a person to medical tests It is well settled that the right to privacy is not treated as absolute and is subject to such action as may be lawfully taken for the prevention of crimes or disorder or protection of health or morals or protection of rights and freedom of others.
In case there is a conflict between the fundamental rights of two parties that which advances public morality would prevail. A three-judge bench in case of Sharda v. Dharmpal [lxxvi] , ruled that a matrimonial court had the power to direct the parties to divorce proceedings, to undergo a medical examination. Right to go abroad In Satwant Singh Sawhney v. In Maneka Gandhi v. Union of India [lxxviii] , the validity of Sec.
The court held that the procedure contemplated must stand the test of reasonableness in order to conform to Art.
It was further held that as the right to travel abroad falls under Art. State of Uttar Pradesh [lxxix] , the petitioner was detained by the police officers and his whereabouts were not told to his family members for a period of five days.
Taking the serious note of the police high headedness and illegal detention of a free citizen, the Supreme Court laid down the guidelines governing arrest of a person during the investigation: An arrested person being held in custody is entitled if he so requests to have a friend, relative or other person told as far as is practicable that he has been arrested and where he is being detained. The police officer shall inform the arrested person when he is brought to the police station of this right.
An entry shall be required to be made in the diary as to who was informed of the arrest. Basu v. State of West Bengal [lxxx] , the Supreme Court laid down detailed guidelines to be followed by the central and state investigating agencies in all cases of arrest and detention till legal provisions are made in that behalf as preventive measures and held that any form of torture or cruel inhuman or degrading treatment, whether it occurs during interrogation, investigation or otherwise, falls within the ambit of Article The convicts are not by mere reason of their conviction deprived of all the fundamental rights that they otherwise possess.
Following the conviction of a convict is put into a jail he may be deprived of fundamental freedoms like the right to move freely throughout the territory of India. But a convict is entitled to the precious right guaranteed under Article 21 and he shall not be deprived of his life and personal liberty except by a procedure established by law [lxxxi].
Union of India, the Supreme Court gave a new dimension to Article The Court has interpreted Article 21 so as to have widest possible amplitude. On being convicted of a crime and deprived of their liberty in accordance with the procedure established by law. Article 21, has laid down a new constitutional and prison jurisprudence [lxxxii].
Hoskot v. In other words, an accused person at lease where the charge is of an offense punishable with imprisonment is entitled to be offered legal aid, if he is too poor to afford counsel. Counsel for the accused must be given sufficient time and facility for preparing his defense.
Breach of these safeguards of a fair trial would invalidate the trial and conviction. Home Secretary, State of Bihar [lxxxiv] , it was brought to the notice of the Supreme Court that an alarming number of men, women, and children were kept in prisons for years awaiting trial in courts of law. The Court took a serious note of the situation and observed that it was carrying a shame on the judicial system that permitted incarceration of men and women for such long periods of time without trials.
The Court held that detention of under-trial prisoners, in jail for a period longer than what they would have been sentenced if convicted, was illegal as being in violation of Article of Antulay v.
Nayak [lxxxv] , a Constitution Bench of five judges of the Supreme Court dealt with the question and laid down certain guidelines for ensuring speedy trial of offenses some of them have been listed below [lxxxvi] : Fair, just and reasonable procedure implicit in Article 21 creates a right in the accused to be tried speedily.
Right to speedy trial flowing from Article 21 encompasses all the stages, namely the stage of investigation, inquiry, appeal, revision, and retrial. The following year, Mahatma Gandhi was assassinated by a Hindu extremist, and the disappearance of the inspirational force behind independence ushered in a new period in Indian history.
Nonetheless, on January 26, , India adopted a new constitution that created a federal state known as the Indian Union, a democratic lay republic and member of the British Commonwealth. The Constitution adopted in stipulated that English and Hindi would be used for the Union's official business for a period of fifteen years s.
After that time, Hindi was supposed to become the sole official language of the Union. It proved impossible to replace English with Hindi, however, because of strong opposition from the southern states, where Dravidian languages were spoken. They felt that the federal government was trying to impose Hindi across the country, including the south, and preferred to continue using English, which they found more "acceptable" because, unlike Hindi, it was not associated with any particular ethnic group.
Note that the Act was adopted in English and Hindi. A total of women participated from rural, urban slum, urban nonslum areas. For some women, the home is a place that imperils lives and breeds some of the most drastic forms of violence perpetrated against girls and women.
Violence is usually perpetrated by males who are, or who have been in positions of trust and intimacy and power e. The Protection of Women from Domestic Violence Act PWDVA , [ 14 ] defines domestic violence as any act, omission or commission or conduct of the respondent, which includes threat or actual abuse.
The men indulged in violence to establish their power over the weaker sex.
Subtle and insidious forms of violence include repeated humiliation, insults, forced isolation, limitations on social mobility, the constant threat of violence and injury, and denial of economic resources. The accused was acquitted by the trial court.
This inspired several women's groups and NGOs to file a petition in the Supreme Court under the collective platform of Vishaka Vishaka and others vs. State of Rajasthan and others. It is characteristic of the Indian setting. On an average five women a day are burned, and many more cases go unreported.
There is evidence from many forensic cases Bobbit, Manu Sharma, Nirbhaya etc. Sociodemographic factors Patriarchy has been cited as the main cause of violence against women.
Early 15—19 years;[ 25 ] 10—19 years ,[ 26 ] and young age 31—39 years ,[ 26 ] illiteracy,[ 26 ] coupled with low level of education, poor socioeconomic status,[ 13 , 16 ] women with no income of their own,[ 16 ] and urban domicile[ 23 ] have been cited as risk factors for domestic violence. Women engaged in small business and farming were more likely to be abused than women who were housewives or who had occupational status equal to that of husbands.
Constitution of India: List of All Articles (1-395) and Parts (1-22)
Family factors Exposure to harsh physical discipline during childhood and witnessing the father beating the mother during childhood is a predictor of victimization and perpetration of violence against his wife in adulthood.
These women are helpless and suffer from a multitude of stresses that are unique to Indian culture[ 30 ] such as partial desertions, forced to live with the husband she hates, not being granted permission to enter her own home, being sent back to her parents every time her symptoms increase, parents being forced to pay for her medical expenses, not allowed to take her medication etc.
The situation with respect to marriage of women with mental illness in India is intriguing. It is possible to marry women with mental illness, sometimes even when there is active psycho-pathology, because most marriages are arranged, and it is often possible to lure the other party with a handsome dowry. Despite violence being meted out to these women, they make frantic attempts for restitution of conjugal rights rather than for separation or divorce.
It takes place in 28 countries in Africa, in some regions of Asia and the Middle East and in certain immigrant communities in North America, Europe, and Australia. FGM can lead to death, infertility, and long-term psychological trauma combined with increased physical suffering.
Acid attacks In Bangladesh, it estimated that there are over acid attacks each year. Sulfuric acid attacks have emerged as a cheap and readily accessible weapon to disfigure and sometimes kill women and girls for reasons as varied as family feuds, inability to meet dowry demands, and rejection of marriage proposals.
Killing in the name of family honour In several countries of the world including Bangladesh, Egypt, Jordan, Lebanon, Pakistan, Turkey, and India, women are killed to uphold the honour of the family due to varied reasons such as-alleged adultery, premarital relationship with or without sexual relations , rape, falling in love with a person the family disapproves, which justify a male member of the family to kill the woman concerned.
It is rather disturbing that in certain countries Jordan the penal laws governing such crimes are lenient if the person committing the crime is below the age of 18 years.
In India honour killings appear to be on the rise. Early marriages Early marriage with or without the consent of the girl, constitutes a form of violence as it undermines the health and autonomy of millions of girls. In many countries, the minimum legal age for marriage with parental consent is considerably lower, than without it.
More than 50 countries allow marriage at 16 and below with parental consent. The primary roles for women have been marriage and motherhood. Women must marry because an unmarried, separated or divorced status is a stigma. The custom of dowry is still prevalent in Indian marriages. Marriage cannot be dissolved. In the settlement of marriage, it is generally ensured that the woman is younger, nonworking, and less educated than her husband. After marriage the girl has to go to her husband's home, never to return to her parent's place.
She should not disclose her problems to anyone outside the home, nor take help from outside not even parents. Husband is given a divine status. She should bring money and gifts from parents on various festivals. She has nothing of her own. Without husband life has no meaning for her. Although the practice of Sati has declined, enforced widowhood is still prevalent. These sociocultural factors have continued over the years and have put women at risk for various forms of abuse.
Modernisation Modern styles of living and rapid technological advances have also been blamed.
Mobiles, ipads, television, computers, internet have become the order of the day. Women are moving out of the houses more freely and there is free mixing of the two genders.
Television and cinemas are portraying sexual material for making fast money. Pornographic material is easily available to many on the internet and through other ways.
Late marriages Marriages are being delayed for various reasons with a trend toward getting married around 30, or even later. Life stress Poor quality of education, high competition in education and employment, corruption and inflation are the common stresses of the youth. The high-risk individual could be a young person, who lives away from his home, anxious and depressed, frequently views pornography and resorts to alcohol for recreation and relaxation. Judiciary and law enforcement machinery An insensitive, inefficient, corrupt and unaccountable judicial system and law enforcement machinery fails to deter against various forms of crimes.
Decline in moral and religious values Population explosion Unplanned increase in population leads to many types of stresses, which indirectly contribute to the risk of violence against women.
It created awareness among women. Legislative response International: There are a number of international Instruments to curb violence against women. The United Nations General Assembly resolution endorsed the urgent need for the universal application of women's rights of equality, security, liberty integrity and dignity. Article 55 and 56 of United Nations charter cast a legal obligation on United Nations organization to promote respect for equality and human rights.
The Universal Declaration of Human Rights, article 5, states that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. One in Mexico in , the second in Copenhagen in , and the third one in Nairobi, wherein strategies were framed to promote gender equality and opportunities for women.
Article 21 of the Constitution of India – Right to Life and Personal Liberty
These were based on three objectives: Equality, development and peace. The Vienna Declaration, [ 33 ] calls for action to integrate the equal status human rights of women. It stresses toward elimination of violence against women in public and private life. The Beijing conference, [ 34 ] provided a platform for concentration on some of the key issues identified as fundamental obstacles to the advancement of majority of women in the world.
# Read 448 articles of the Indian constitution
It focused on issues such as discrimination against women, violence against women, etc. The Convention on Elimination of all forms of Discrimination against Women CEDAW , ,[ 35 ] to which countries are members, is a landmark document because it framed violence against women within the framework of human rights. It identified female as the primary risk factor for violence and broadened the definition of gender violence to include all aspects of women's life. Difference in treatment between men and women by the state is totally prohibited on grounds of religion race, caste, sex or place of birth.
Article 21 is on right to live; right to live with human dignity. The National Commission for Women: It was set up as a statutory body in January under the National Commission for Women Act, [ 37 ] to review the constitutional and legal safeguards for women; recommend remedial legislative measures, facilitate redress of grievances and advise the Government on all policy matters affecting women.
The Supreme Court guidelines on sexual harassment at work place: For the first time, the Court drew upon an international human rights law instrument, the CEDAW to pass a set of guidelines.
The Court defined sexual harassment at work place as any unwelcome gesture, behavior, words or advances that are sexual in nature. Giving, taking or abetting the giving or taking of dowry is an offence, which is punishable. The law was found to fail to stall the evil. Abetment of suicide of child or insane person: If any person under 18 years of age, any insane person, any delirious person, any idiot, or any person in a state of intoxication, commits suicide, whoever abets the commission of such suicide, shall be punished with death or imprisonment for life or imprisonment for a term not exceeding 10 years and shall also be liable for fine IPC.
Abetment of suicide: If any person commits suicide, whoever abets the commission of such suicide shall be punished with imprisonment of either description for a term which may extend to 10 years and shall also be liable for fine IPC.
The offences of dowry and abetment of suicide are cognizable, nonbailable and noncompoundable. Sexual offences: A man is said to have committed rape if he has sexual intercourse with a woman against her will and consent; or with her consent when the man knows that he is not her husband or when she thinks that he is her lawful husband; or with her consent when she is of unsound mind or is intoxicated by herself or the man.
However, sexual intercourse by a man with his own wife, the wife not being under 15 years, is not rape IPC. Voluntarily having carnal intercourse against the order of nature with any man, woman, or animal is an offence for which the person shall be imprisoned for life and shall also be liable for fine.
This provision is hardly used IPC. Other offences in mentioned in IPC[ 38 ] are: Causing miscarriage IPC , causing miscarriage without woman's consent IPC , death caused by an act done with intent to cause miscarriage; if act was done without woman's consent IPC , act done with intent to prevent child being born alive or to cause it to die after birth IPC and causing death of quick unborn child by act not amounting to culpable homicide IPC.
The Family Courts Act, [ 40 ] The Act was established with a view to promote conciliation in, and secure speedy settlement of disputes relating to marriage and family affairs. The Commission of Sati prevention Act, [ 42 ] This Act is for the prevention and glorification of sati. Protection of Women From Domestic Violence Act, [ 14 ] The Protection of Women From Domestic Violence Act PWDVA , was enacted to provide for more effective protection of the rights of women guaranteed under the constitution who are victims of violence of any kind occurring within the family and for matters connected thereto.
It recognizes 4 types of domestic violence: Physical, verbal, and emotional including not having a child or a male child, marrying without consent , and economic including violence related to stridhan, dowry, property and sexual includes sexual abuse and marital rape. The aggrieved person AP is a woman who has been in a domestic relationship with the respondent. The respondent is any adult male person who is, or has been in a domestic relationship with the AP and against whom the AP has sought relief.
The AP or any person can complain directly verbal , telephonically or via E-mail. There is provision for various orders protection, residence, maintenance monetary relief , custody orders and emergency help. There is also provision for assistance counselor, police, and assistance for initiating criminal proceedings, shelter home, medical facilities, and legal aid. It is friendly to even to poor and illiterate women; it educates the woman regarding the rights and available assistance; provides many reliefs which facilitate psychosocial rehabilitation , free legal advice and help to initiate legal proceedings against respondent; it attempts to restore the family; and last, but not the least, it empowers the woman.The Court observed that the right to personal liberty in the Indian Constitution is the right of an individual to be free from restrictions or encroachments on his person, whether they are directly imposed or indirectly brought about by calculated measures.
The legislation should provide for enhanced punishment for violence perpetrated against women with mental illness. Jagran Prakashan Ltd The law was found to fail to stall the evil. How to prepare for civil to become an ias officer. Not Now Yes, I'm Interested. Mukherjee and constitutional legal adviser B.