Fundamental Rights SM X-Factor

X-Factor Notes
Prepared by Civilsdaily Core Team & AIR 2 Animesh Pradhan
Fundamental
Rights
Table of Contents
PYQs:.............................................................................................................................. 3
ANSWER WRITING FRAMEWORK................................................................................ 4
Fundamental Rights....................................................................................................... 6
Quotes....................................................................................................................................................6
Features................................................................................................................................................. 6
Significance............................................................................................................................................7
Limitations and Criticism..................................................................................................................... 8
Role of Judiciary................................................................................................................................... 9
Critical analysis of the role of judiciary...............................................................................................10
Right to Equality............................................................................................................ 11
Rule of Law...........................................................................................................................................11
Uniform Civil Code.............................................................................................................................. 13
Reservation Policy............................................................................................................................... 15
Reservation in promotions..................................................................................................................18
Caste census.........................................................................................................................................21
Sub-categorization of OBCs................................................................................................................ 23
Right to Freedom under Article 19-22........................................................................... 26
Significance..........................................................................................................................................27
Reasonable restrictions....................................................................................................................... 27
Expanding Scope.................................................................................................................................28
Challenges in Implementation............................................................................................................29
Way forward for right to liberty..........................................................................................................29
Right to be forgotten........................................................................................................................... 30
Sedition Law........................................................................................................................................ 31
Undertrials.......................................................................................................................................... 33
Right to Protest................................................................................................................................... 38
Digital Rights....................................................................................................................................... 41
Phone Tapping.................................................................................................................................... 43
Censorship in India.............................................................................................................................48
OTT Regulation in India..................................................................................................................... 52
Cinematograph (Amendment) Act, 2023........................................................................................... 54
Cooperatives........................................................................................................................................ 57
Multi-State Co-operative Societies (Amendment) Bill, 2022............................................................ 60
Right Against Self-Incrimination....................................................................................................... 62
Preventive Detention.......................................................................................................................... 64
Freedom Against Exploitation...................................................................................... 68
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act,1989............................ 68
Key provisions of the act:....................................................................................................................68
The SC/ST Prevention of Atrocities (Amendment) Act, 2015........................................................... 69
Issues with the Act:............................................................................................................................. 70
Reasons for Rise of Crimes against Dalits and Tribals...................................................................... 70
SC Judgments...................................................................................................................................... 71
Child Labour........................................................................................................................................73
Freedom of Religion......................................................................................................78
State Regulation of Temples............................................................................................................... 79
Anti-Conversion Laws......................................................................................................................... 81
Essential Religious Practices.............................................................................................................. 84
Places of Worship Act, 1991................................................................................................................ 87
Rights of Minorities...................................................................................................... 89
Need for Minority Rights.................................................................................................................... 89
Issues with Minority Rights................................................................................................................90
SC Judgments...................................................................................................................................... 91
Way forward........................................................................................................................................ 91
Articles 32 and 226....................................................................................................... 93
Significance......................................................................................................................................... 93
Writs.................................................................................................................................................... 93
Significance of writs............................................................................................................................ 93
Issues................................................................................................................................................... 94
Armed forces and FR.................................................................................................... 95
Provisions............................................................................................................................................ 95
Need.....................................................................................................................................................95
Issues................................................................................................................................................... 95
Right To Property......................................................................................................... 96
Present status...................................................................................................................................... 96
Issues................................................................................................................................................... 96
Way forward........................................................................................................................................ 96
Fundamental Rights
PYQs:
[2023] Explain the constitutional perspectives of Gender Justice with the help of relevant
Constitutional Provisions and case laws.
[2023] ”The Constitution of India is a living instrument with capabilities of enormous dynamism.
It is a constitution made for a progressive society”. Illustrate with special reference to the expanding
horizons of the right to life and personal liberty.
[2022] Right of movement and residence throughout the territory of India are freely available to the
Indian citizens, but these rights are not absolute. Comment (10M)
[2017] Examine the scope of Fundamental Rights in the light of the latest judgement of the
Supreme Court on Right to Privacy. (15M)
[2015] Khap Panchayats have been in the news for functioning as extra-constitutional authorities,
often delivering pronouncements amounting to human rights violations. Discuss critically the actions
taken by the legislative, executive and judiciary to set things right in this regard.
[2015] Does the right to a clean environment entail legal regulations on burning crackers during
Diwali? Discuss in the light of Article 21 of the Indian Constitution and Judgement(s) of the Apex
Court in this regard. (12.5M)
[2014] What do you understand about the concept "freedom of speech and expression"? Does it cover
hate speech also? Why do films in India stand on a slightly different plane from other forms of
expression? Discuss.(12.5M)
[2013] Discuss Section 66A of IT Act, with reference to the alleged violation of Art 19 of the
Constitution.
ANSWER WRITING FRAMEWORK
Introduction
1. For questions on whole FRs, start with quote. Can also start with constitutional provisions
(Part |||) and objective (Political democracy)
2. For questions on specific FR, mention constitutional provision and provide connecting
statement. Can also start with context.
3. "The fundamental rights are not islands; they are a coherent code, intended to secure a social
order in which the dignity of the individual is the primary consideration." - Nani Palkhivala
Main Body
1. For questions on whole FRs, provide a classification chart of FRs.
2. Dimensions for significance - Stakeholder and Functional Approach
a. CONSTITUTION -
1. Political Democracy
2. Socio- eco justice
b. GOVERNMENT
1. Positive Rights
2. Preventing Authoritarianism
c. JUDICIARY
1. Rule of Law
2. Checks and balances
3. Judicial Activism
d. SOCIETY
1. Social reform - Progressive and egalitarian society
2. Collective Rights
e. CITIZENS
1. Individual liberty
2. Developmental Needs
3. Sectional rights protection - women, minorities, children, backward classes
3. Dimensions for issues - Stakeholder
a. CONSTITUTION -
1. Reasonable restrictions
2. Ambiguity and vagueness in laws
b. GOVERNMENT
1. Lack of political will
2. Lack of resources
3. Political compulsions or vote bank politics
4. Misuse
c. JUDICIARY
1. Pendency
2. Overreach
3. Implementation issues
4. Lack of consistency
d. CITIZENS
1. Illiteracy and awareness
2. Access to Justice
e. SOCIAL
1. Constitutional vs Social Morality
4. Try to establish interlinking between core themes in the question using diagrammatic
representation
5. Try to substantiate your points using specific examples, data and SC judgments
6. Always try to provide brief way forward using committee recommendations, global best
practices, scholar views
Conclusion
1. Try to provide balanced, optimistic and futuristic conclusion
2. Can conclude with quote and suggestion - "Those who would give up Essential Liberty to
purchase Temporary Safety, deserve neither Liberty nor Safety." (Benjamin Franklin). Thus,
protection and promotion of FR is vital for well-being of a free and democratic society.
3. Can also mention need for reform and link it with vision of Atmanirbhar Bharat, Political
democracy as well as Socio Economic justice, Ideals in preamble etc.
Fundamental Rights
1. Fundamental rights are a set of basic rights and freedoms that are considered essential
for the protection of human dignity, liberty, and equality and are guaranteed to individuals
by a constitution.
2. FR are referred to as the "Magna Carta" of India and are delineated in Part III (Article 12
to 35). These rights are defended and guaranteed by the Supreme Court of India.
Quotes
1. "Fundamental rights are both the shield and sword against State tyranny." - Prof. Upendra
Baxi
2. "In the eyes of the Constitution, we are all one, and there is no difference between high and
low, rich and poor, and that the state will be based on the principle of equality." - Rajendra
Prasad - Right to Equality
3. “Freedom of mind is real freedom. It is the proof of one’s existence.” - Ambedkar - Article 21
4. "Cultivation of mind should be the ultimate aim of human existence." -B R Ambedkar - Article
21
5. "Freedom of speech and expression is the bulwark of a democratic government. It is the very
foundation of democracy." - Dr. Rajendra Prasad
6. "I measure the progress of a community by the degree of progress which women have
achieved." -B R Ambedkar - Affirmative Action
7. "So long as you do not achieve social liberty, whatever freedom is provided by the law is of no
avail to you." -B R Ambedkar - Affirmative Action
8. "Without political freedom, economic freedom is a mere chimera." - Nehru - Balancing FR
and DPSP
9. Article 32 is the very soul of the Constitution and the very heart of it - B R Ambedkar
10. For Conclusion - "Those who would give up Essential Liberty to purchase Temporary
Safety, deserve neither Liberty nor Safety." (Benjamin Franklin). Thus, protection and
promotion of FR is vital for well-being of a free and democratic society.
Features
Aspect Description Examples
Constitutional Entrenched in Part III of the Constitution Right to Equality (Article 14)
Guarantees and legally enforceable against legislative
interference.
Justiciable Supreme Court (Article 32) and High Courts Habeas Corpus writ issued to
Rights (Article 226) can issue writs to enforce release a person unlawfully
fundamental rights. detained.
Non-absolute These rights are not absolute but Restrictions on Freedom of

Nature qualified, state can impose reasonable Speech (Article 19(2)) for
restrictions on them. public order and security.
Inviolable Cannot be suspended except during a state
Rights of emergency (Article 352). Non-derogable
rights (Article 20, 21) remain protected.
Universal Guaranteed to all citizens regardless of Right to Freedom of Religion

Applicability caste, creed, religion, gender, or (Article 25)
socioeconomic status.
Negative Prevent the state from taking actions that Freedom of Speech and
Obligations infringe individual freedoms. Expression (Article 19)
prevents unlawful censorship.
Positive Require the state to take measures to ensure State providing free and
Obligations rights are realized. compulsory education (Article
21A).
Balancing Judiciary ensures state actions do not K.S. Puttaswamy case (2017) -
Interests unjustly infringe on individual liberties. The SC declared the right to
privacy as a fundamental right
under Article 21
Evolving Supreme Court expands the scope of rights Navtej Singh Johar case:
Interpretation through progressive interpretations. Inclusion of LGBTQ+ rights
under the Right to Equality
(Article 14).
Enforcement Judiciary safeguards fundamental rights PILs filed to address violations

Mechanisms through writs, public interest litigation of environmental rights as part
(PIL), and judicial review. of the Right to Life (Article 21).
Significance
Advancing Thwarting the establishment of Article 19 - Liberty to express

Political authoritarian regimes by opinions, criticize government
Democracy ensuring citizens can express policies without fear of censorship
opinions and participate in or reprisal.
public discourse.
Protection of Acting as a shield against Article 21

Individual arbitrary state actions, protecting
Liberty individuals from government
oppression.
Promotion of Fostering an environment of Right to education (Article 21A).

Individual safety, security, and dignity
Well-being conducive to personal and
collective flourishing.
Social Justice Prohibiting discrimination and Articles 14, 15, 16 - Prohibit
and Equality ensuring equal treatment under discrimination and provides for
the law, empowering Affirmative actions
marginalized groups and
promoting inclusivity.
Protecting Ensuring freedom of religion, Articles 29, 30 - Protect minority

Minority language, and culture, thereby rights.
Rights fostering social cohesion and
diversity.
Legal Enforceable through the Articles 32 and 226 - Judicial

Protection judiciary, allowing individuals to enforcement of fundamental
and seek remedies and redress for rights.
Enforcement infringements on their liberties.
Limitations and Criticism

Limited Nature Do not include social and Right to employment, right to

economic rights necessary for a social security.
free and quality life.
Ambiguous and Certain terms used in defining "Public Order" in Article 19(2).
Vague fundamental rights are unclear,
causing implementation issues.
Amendable Government can amend or 44th Constitutional Amendment

Nature abolish fundamental rights, Act, 1978 removed Right to
making them vulnerable to Property as a fundamental right.
changes by those in power.
Suspension Fundamental rights can be Suspension of rights during the

During suspended during a national operation of Article 352.
Emergency emergency, except Articles 20
and 21.
Preventive Allows detention without trial for Government can detain

Detention up to three months, restricting individuals without trial.
(Article 22) citizens' rights.
Limited Do not apply to members of Exclusion of fundamental rights

Coverage armed forces, paramilitary for armed forces members.
forces, police, and intelligence
agencies.
Socioeconomic Issues like poverty, caste Over 95% of marital rapes are
Disparities discrimination, illiteracy, and unreported due to stigma and
religious diversity hinder lack of awareness.
implementation.
Poor Lack of infrastructure, police Large number of undertrials in
Enforcement inefficiency, and politicization prisons.
Mechanisms weaken enforcement of rights.
Judicial Huge backlog of cases delays Over 66,000 cases pending in

Pendency justice delivery and the Supreme Court.
implementation of rights.
Individualism Societal traditions often conflict Resistance to same-sex

vs Collectivism with individual rights. marriages.
Prevalence of Corruption in bureaucracy Continued prevalence of child

Corruption hampers stringent labor and human trafficking.
implementation of rights.
Role of Judiciary
Judicial The judiciary interprets Kesavananda Bharati v. State of

Review the Constitution and Kerala (1973) - Upheld the doctrine of
ensures enforcement of basic structure.
fundamental rights.
Writ Writs provide immediate A. K. Gopalan case - Affirmed the

Jurisdiction relief for rights infringed importance of habeas corpus in
by the state or other safeguarding personal liberty.
authorities.
Public PILs address systemic NALSA v. Union of India (2014) -

Interest issues and violations of Recognized the rights of transgender
Litigation fundamental rights. individuals.
Preventing Courts invalidate executive S. R. Bommai case - Asserted

Executive actions that exceed authority to review President's Rule.
Overreach authority or infringe on
rights.
Judicial Proactive interpretation Maneka Gandhi v. Union of India

Activism and intervention to expand (1978) - Expanded Article 21 to include
the scope of rights. the right to travel abroad.
Setting Courts set legal precedents Naz Foundation case -

Precedents that guide future cases. Decriminalized consensual homosexual
acts.
Protection of Courts protect rights of Shah Bano Begum case (1985) -

Minority minorities, ensuring Upheld the right of a Muslim woman to
Rights equality and justice. claim maintenance, emphasizing gender
equality.
Balancing Courts balance competing Aruna Ramachandra Shanbaug v.
Rights rights and interests to Union of India (2011) - Allowed
ensure justice. passive euthanasia under certain
conditions while ensuring safeguards.
Critical analysis of the role of judiciary

Judicial Judicial activism can lead to Vishaka guidelines -

Activism vs. overreach, while judicial
Restraint restraint may result in
insufficient protection of rights.
Inherent Subjective interpretation of Doctrine of Basic Structure -

Judicial legal principles can lead to Varied interpretations affecting
Subjectivity inconsistencies and predictability.
undermine the legal system's
reliability.
Inadequate Lack of legal aid prevents Bhopal Gas Tragedy (1984) -

Legal Aid and disadvantaged individuals from Victims struggled to access
Access to asserting their rights justice.
Justice effectively.
Delay and Delays and backlogs in the More than 5Cr cases pending in
Backlog judiciary undermine the Judiciary
effectiveness of protecting
fundamental rights.
Limited Judicial decisions may not be Delay in implementing SC

Enforcement enforced effectively if other judgment in 2G Spectrum
Capacity government branches do not Case
comply.
Limited Reach Difficulty in ensuring Honor killings, such as the

in Informal consistent protection of rights Manoj-Babli Honor Killing Case
Justice in informal justice systems. (2007).
Systems
Right to Equality
Rule of Law
The rule of law is a fundamental principle in governance that emphasizes the supremacy of law
over arbitrary power, ensuring that everyone, including government officials, is subject to the law
and accountable for their actions.
Key Principles as per A. V. Dicey

1. Supremacy of Law: No one is above the law,
and all actions must conform to legal
principles. This principle ensures that
arbitrary power is restrained and that legal rules
govern the conduct of individuals and
institutions.
2. Equality before the Law: This principle
ensures that everyone enjoys the same legal rights
and protections, and no one is granted special
privileges or exemptions based on their
position or background.
3. Predominance of Legal Principles over
discretionary power: This principle
ensures legal certainty, predictability, and
consistency in the application of the law,
preventing arbitrary or discriminatory decisions.
Significance for India

Aspect Description Example
Prevention of Prevents authoritarian Vineet Narain v. Union of India (1997) -

Abuse of Power tendencies. Established CVC for corruption cases.
Legal Certainty Ensures clear and Shreya Singhal v. Union of India (2015) -
and consistent laws. Struck down Section 66A of IT Act for vagueness.
Predictability
Protection of Provides legal redress Maneka Gandhi v. Union of India (1978) -

Fundamental for rights violations. Expanded Article 21 to include right to travel
Rights abroad.
Promotion of Ensures lawful S. R. Bommai v. Union of India (1994) -

Democracy government actions Reviewed President's Rule for arbitrariness.
and legal scrutiny.
Protection of Ensures equal Navtej Singh Johar v. Union of India (2018)

Minority Rights treatment and prevents - Decriminalized consensual homosexual acts.
discrimination.
Challenges
Backlogs and Deny timely justice, eroding Over 66,000 cases pending in the
Delays public confidence in the legal Supreme Court of India.
system.
Corruption and Political interference Supreme Court calling CBI a "caged

Political compromises judicial parrot" due to political influence.
Interference independence.
Unequal Access Indigenous communities Adivasis vs. Mining Companies case

to Justice struggle to assert rights against highlights land rights struggles.
powerful entities.
Weak Inadequate resources and 8.9 million child laborers in India

Enforcement accountability in law despite the Child Labour Act (ILO
Mechanisms enforcement. report).
Arbitrary Use Arbitrary detention, Kanhaiya Kumar Case

of Executive censorship, and excessive force
Powers undermine civil liberties.
Judicial Excessive judicial intervention Supreme Court’s involvement in policy

Activism vs. can undermine separation of decisions, like in the Vishaka guidelines
Overreach powers. case.
Slow Pace of Outdated laws and procedural Poor implementation of SC directions in

Legal Reforms complexities hinder legal Prakash Singh v. Union of India (2006).
system improvements.
Social and Discrimination and communal Manoj-Babli Honor Killing Case

Cultural tensions lead to biased highlights caste-based violence.
Factors enforcement.
Way forward
1. Judicial Reforms for Efficiency and Accountability: increasing the number of judges,
enhancing infrastructure, and expediting the appointment process to reduce backlog. (NCRWC
and the Law Commission of India)
2. Police Reforms for Transparency and Accountability: Adopt the recommendations of
the National Police Commission (1977-1981) and the Supreme Court directives in the Prakash
Singh case (2006).
3. Legal Awareness and Education for Empowerment as suggested by the 14th Report of
the Law Commission of India and the National Legal Services Authority (NALSA).
4. Strengthen anti-corruption laws and enforcement mechanisms, as proposed by the
Second Administrative Reforms Commission (ARC) and the Law Commission of India.
5. Updating archaic laws - Continuously updating laws, like the Jan Vishwas Act, to ensure
their ongoing relevance and fairness.
Uniform Civil Code
It is a single set of laws governing personal matters like marriage, divorce, inheritance, adoption, and
maintenance. Article 44 of DPSP of the Constitution states that the ‘State shall endeavor to secure a
Uniform Civil Code for the citizens throughout the territory of India.’
Need for UCC

1. Constitutional Mandate: Article 44 of the constitution for UCC as a directive principle.
Similarly, UCC is also essential to ensure Equality Before Law under Article 14.
2. Equality and Gender Justice: Eg. Although the Hindu Succession Act of 1956 was
amended in 2005 to grant daughters equal inheritance rights as sons, similar reforms have
not been universally adopted across all personal laws.
3. Secularism and Religious neutrality: The UCC would remove religion as a factor in
personal matters like marriage, divorce, and adoption. Eg. Presently, interfaith couples need
to register under the Special Marriage Act (1954) to have a civil ceremony. A UCC would
eliminate this separate process and provide a unified system for all marriages.
4. National Integration and Social Harmony: The UCC could promote an idea of shared
identity and belongingness among citizens based on ‘one nation, one law’, despite
different religions, faiths, etc.
5. Certainty and clarity in the legal system: A single UCC with clear, certain terminologies
will reduce the complexities of multiple and diverse personal laws. This would not only
simplify the legal system but also reduce the litigations.
6. Modernization of the legal system: The UCC will promote modern values of liberty,
equality, individualism, etc. upholding individual rights. Eg- Shah Bano case (1985), Shaira
Bano case (2017)
Challenges
Violation of Critics argue UCC infringes on

Fundamental the right to religious freedom
Rights (Article 25) and cultural
preservation (Article 29).
Cultural Seen as a threat to cultural Tribals, Muslims, and

Pluralism traditions of various Christians fear losing cultural
communities. practices.
Complexity Merging diverse personal laws Special Marriage Act (1954)

Due to Diverse into a single code is challenging. prohibits marriage between
Personal Laws first cousins. But it is
common in some
communities.
Presence of Existing secular laws already Section 125 of the Criminal

Secular Laws address many issues for all Procedure Code
citizens. (maintenance) and Domestic
Violence Act.
Lack of Low awareness and poor sense

Awareness and of civility hinder UCC
Civility implementation.
Lack of Political parties avoid clear
Political stances on UCC due to vote bank
Consensus concerns.
Practical Enforcing UCC involves

Difficulties in changing cultural attitudes,
Enforcement consulting leaders, and creating
enforcement mechanisms.
SC Judgements
Case Description
Shah Bano Begum (1985) Awarded maintenance based on gender equality

under Article 14. Directed the government to enact a
UCC.
Sarla Mudgal (1995) Addressed inheritance rights under Hindu laws.

Directed the government to report steps towards
UCC.
John Valaredian vs Alice Declared unilateral Christian divorce by repudiation

(2003) as invalid, emphasizing the need for reforms in
Christian laws.
Lilly Thomas vs Union of Struck down the discriminatory denial of inheritance

India (2000) rights to a Christian daughter-in-law.
Pannalal Bansilal Patil v. Noted that immediate enactment of a UCC may have
State of Andhra Pradesh adverse effects and suggested gradual, progressive
(1996) changes.
John Vallamattom and Ruled that religious and personal law should not be
Ors. v. Union of India inherently linked in matters of a secular nature.
(2003)
Shayara Bano vs Union of Declared instant triple talaq unconstitutional,

India (2017) highlighting the need for reforms in Muslim personal
laws.
Way forward
1. Building Consensus and Public Awareness: By Establishing a National
Commission on UCC with representatives from religious groups, legal experts, and social
activists.
2. Addressing Minority Concerns: By establishing a Multi-religious Advisory Council
to advise on how to incorporate diverse customs within the UCC framework while
maintaining uniformity in core principles.
3. Gradual Implementation and Social Change: The "Law Commission of India's
Report on Reform of the Law of Marriage" (2018), recommended phase-wise
implementation by building consensus among communities through debates, and
discussions. Ex. A modernized Hindu Marriage Act could be a stepping stone towards a UCC.
4. Political Will and Leadership: Political parties should engage in constructive dialogue
about UCC, focusing on national unity and social justice.
5. Gender Equality within Community - As suggested by The 21st Law Commission,
the government should first concentrate on ensuring equality between men and women in
the same community before focusing on equality between communities.
Reservation Policy
1. The reservation policy in India, also known as affirmative action or positive
discrimination, aims to address historical and social injustices by providing opportunities
and representation to marginalized and disadvantaged groups.
2. Reservation - SC - 15%, ST -7.5%, OBC - 27%, EWS- 10%
3. Constitutional Basis - Articles 15(4), 16(4), and 46 reflects India's commitment to
promoting social justice, equality, and inclusive development as fundamental principles of
governance.
Quotes
1. "Reservation is not just a political issue; it is a social justice imperative." - Ambedkar
2. "Reservation is not only about representation; it is about empowerment. It is a tool for social
transformation and economic upliftment of the marginalized sections of society." -
Ambedkar
3. "Reservation is a complex issue that requires a nuanced approach. While it is important to
address historical injustices, it is also crucial to ensure that reservation policies do not
perpetuate further inequalities." - Ramchandra Guha (Can use in conclusion)
Grounds for reservation

Group Reason for Support
Scheduled Castes (SCs) and Historical injustice and social exclusion.

Scheduled Tribes (STs)
Other Backward Classes Social and educational backwardness.

(OBCs)
Economically Weaker Sections Economic deprivation and lack of access to

(EWS) resources.
Women Gender-based discrimination and

underrepresentation.
Minorities Address socio-economic marginalization,
discrimination, and lack of representation.
Persons with Disabilities Ensure inclusion, accessibility, and

(PwD) participation by providing equitable
opportunities and accommodations.
Ex-servicemen Recognize their service to the nation and

facilitate their reintegration into society.
Residents of Hilly Areas Address their unique socio-economic needs.
Backward Regions Address underdevelopment, lack of

infrastructure, and limited access to
opportunities.
Reasons behind rising demand for reservation

Perceived Andre Béteille argues that Patidar agitation in Gujarat

Discrimination reservations for lower castes (2015) for OBC status.
create a sense of reverse
discrimination among upper
castes.
Competition for M.N. Srinivas: pressure on Maratha reservation protests

Opportunities dominant castes to secure in Maharashtra (2018).
economic opportunities as
traditional agrarian roles
diminish.
Economic Sections within these Brahmin organizations in

Disparities communities may experience Rajasthan demanding
poverty or lack access to economic reservations
resources. (2018).
Job Security Yogendra Singh: shift from Patels demanding reservation

agrarian economy to job-based amid agrarian distress.
economy increased demand for
job security.
Identity Politics Christophe Jaffrelot: BSP and SP leveraging caste

and political mobilization around grievances in Uttar Pradesh
Mobilization caste identities can consolidate elections.
electoral support.
Backlash Resistance to reservation Anti-reservation protests by

Against policies perceived as unfair or upper-caste students in Delhi
Affirmative discriminatory by dominant University (2006).
Action castes.
Social Status Louis Dumont: aspiration for Rajputs in Rajasthan seeking
higher social status through reservations
political and economic means.
Sense of Members of dominant castes Upper-caste protests in

Injustice feel penalized for ancestors' Rajasthan against SC/ST
actions. Atrocities Act amendments
(2018).
Assertion of Demands for reservation by Jat quota agitation in

Identity dominant castes reflect a Haryana (2016)
broader assertion of caste
identity and solidarity.
Challenges
1. Politicization of caste and castecization of politics: Vote bank politics and
identity-based mobilization undermines the original intent of reservation policies, diverting
attention from broader issues of socio-economic development and equality. Eg. reservation
demands by dominant communities like Patels, Marathas, etc
2. Strengthening Caste Identity: The redistributive justice based on caste reinforces caste
identities and poses challenges to establishing a casteless egalitarian society. Eg. Maratha
reservation agitation
3. Stigmatization and Stereotyping: Individuals from reserved categories may face
discrimination or be perceived as beneficiaries of preferential treatment rather than being
recognized for their merit and abilities.
4. Creamy Layer: The absence of a creamy layer for SC and ST and the higher creamy layer
limit for OBCs can lead to a ‘class within caste’.This can lead to the continued marginalization
of the most vulnerable segments of society. Eg. As per Justice G. Rohini Commission’s
report, 97% of central OBC quota benefits go to just under 25% of its castes. As many as 983
OBC communities — 37% of the total — have zero representation in both central government
jobs and admissions to central universities.
5. Backwardness Index: The criteria used to determine backwardness, such as social and
educational indicators, may not accurately reflect the ground realities of deprivation and
disadvantage. As a result, deserving individuals may be excluded from reservation benefits,
while relatively privileged individuals may continue to benefit.
6. Reservation in Promotions: lead to inefficiency and compromise the merit-based selection
process, affecting overall productivity and performance in government institutions.
7. Dependency on Reservations: Over-reliance on reservation policies may discourage efforts
to address systemic inequalities and investment in holistic measures for socio-economic
development such as health and education.
SC Judgments
Case Description
Indra Sawhney & Others Upheld reservations for OBCs but capped them at 50%.
v. Union of India (1992)
M. Nagaraj & Others v. Upheld reservations in promotions for SC/STs under specific
Union of India (2006) conditions: backwardness, inadequate representation, and
administrative efficiency.
Ashoka Kumar Thakur v. Upheld the validity of reservations in IITs and IIMs,
Union of India (2008) emphasizing diversity and inclusivity in education.
Dr. Subhash Kashinath Applied the creamy layer principle to SCs and STs, excluding
Mahajan v. State of affluent members from reservation benefits.
Maharashtra (2018)
Jarnail Singh v. Lachhmi States are not required to provide quantifiable data to justify
Narain Gupta (2018) reservations in promotions, reversing M. Nagaraj.
Jaishri Laxmanrao Patil v. Struck down Maratha Reservation law for exceeding the 50%
Chief Minister (2021) cap; upheld Indra Sawhney and the 102nd Constitutional
Amendment.
Mukesh Kumar v. State of States are not bound to make reservations, nor is reservation
Uttarakhand (2020) in promotions a fundamental right.
Reservation in promotions
1. As per 16 (4A), the state can make provision for reservation in matters of promotion,
with consequential seniority, in favor of Scheduled Castes and the Scheduled Tribes
which in the opinion of the State are not adequately represented in the services under the
State.
2. Among the 275 joint secretaries, 13 (4.73 per cent) are SCs, nine (3.27 per cent) are STs and
19 belong to the OBC category. Of 89 secretaries, there are just 3 STs, 1 Dalit and no OBCs.
Benefits
1. Addressing Structural Discrimination and systemic barriers that hinder the upward
mobility of marginalized groups in the workforce. Eg. In Group-A, the highest tier among
these, the representation of SCs is just 12.86%, of STs 5.64% and of OBCs 16.88%. Reservation
for these communities is 15%, 7.5% and 27% respectively.
2. Role Model Effect within marginalized communities.
3. Encouraging Equal Opportunity and Building a Representative Workforce
4. Enhanced Organizational Effectiveness due to increased diversity.
5. Breaking Stereotypes and perceptions about the capabilities of marginalized groups,
demonstrating their potential for excellence and leadership.
Challenges
Challenge Description
Meritocracy It may compromise meritocracy by prioritizing social identity over

Concerns individual qualifications and performance leading to resentment and
demotivation.
Quantifiable Data Difficulty in collecting accurate data to justify reservations in promotions.

Requirement
Administrative Concerns that reservations in promotions may affect the efficiency of the
Efficiency administration and undermine Article 335.
Backlog Reservation policies often result in backlog vacancies as reserved category

Management candidates may not always be available or eligible for promotion.
Judicial Varied judicial interpretations create uncertainty and inconsistency in the

Interpretations application of reservation policies.
Eg- Example: In Jarnail Singh case, SC reversed the requirement for

quantifiable data set by M. Nagaraj.
Legal and Political Resistance from various quarters, including legal challenges and political
Opposition opposition.
Impact on Morale Employees feeling demotivated due to perceived preferential treatment in

promotions
Conflicts within Disputes and dissatisfaction among different groups within the reserved
Beneficiary categories regarding the distribution of benefits.
Groups
Local Reservation in Private Sector

In December 2023, the Punjab and Haryana High Court quashed the Haryana State government
legislation providing 75% local reservation in private sector jobs. However, other states like other
states, such as Jharkhand, Maharashtra, Karnataka, Andhra Pradesh, and Madhya Pradesh have
similar laws.
Benefits
Benefit Description
Constitutional the right to equality in public employment does not prevent the State from
mandate under making reservations for any backward class of citizens that are not adequately
Article 16(4) represented.
Economic Stimulates local economies by providing employment opportunities to local

Development residents.
Reduction in Decreases the need for locals to migrate to other regions for employment,
Migration reducing urban overcrowding.
Preventing the Private employers frequently take advantage of the migrant labor pool, as these
exploitation of workers typically work extended hours for meager wages without adequate
migrant workers social safeguards or benefits.
Social Stability Promotes social cohesion and stability by reducing unemployment and
associated social issues in the local area.
Positive Economic Employed individuals contribute to local consumer spending, tax revenues, and
ripple effects overall economic growth.
Skill Encourages companies to invest in training and skill development of the local
Development workforce.
Cultural Helps preserve local cultures and traditions by reducing out-migration.

Preservation
Political Support Gains political favor and support from local populations, aiding in policy
stability and governance.
Infrastructure Induces private sector investment in local infrastructure to support the local
Development workforce.
Reduction of Helps in reducing economic disparities between different regions within a

Regional state or country.
Disparities
Boost to Local Encourages the growth of local industries by ensuring a steady and reliable
Industries workforce.
Issues
Challenge Description
Against Freedom Contravenes Article 19(1)(g) of the Constitution, which provides the
of Profession freedom to carry on any occupation, trade, or business in any part of the
country.
Legislative Article 16(3) grants the authority to mandate local residence for
Overreach by State employment solely to the Parliament, not state legislatures.
Against Providing a 75% reservation quota (Haryana) contradicts the Supreme

Reservation Cap Court's prescribed limit of 50% reservation as outlined in the Indira
Sawhney Judgment.
Impact on May lead to hiring based on residence rather than merit, reducing overall
Meritocracy productivity and efficiency.
Ease of Doing Reduces the movement of skilled and unskilled labor between states,
Business adversely affecting business operations. Eg- Relocation of firms from
Gurugram to Noida due to local hiring mandates in Haryana.
Risk to National Proliferation of 'Sons of Soil' sentiments and antagonistic regionalism may
Unity exacerbate tensions between locals and non-locals. Eg- Attacks on Bihari
workers in Gujarat
Negative Impact on Local reservation policies may lead to a less diverse workforce, affecting
Workforce workplace culture and creativity.
Diversity
Way forward for reservation
Expert Recommendation
Dr. Amartya Sen Capability approach focusing on 3Es: education, employability, and
employment.
Dr. Yogendra Yadav Introduction of sunset clauses in reservation policies.
Prof. Ashwini Implementation of diversity quotas in educational institutions and

Deshpande workplaces.
Dr. Sanjay Kumar Implementation of anti-discrimination laws and mechanisms.
Institutional Create institutions similar to the Equal Opportunities Commission

Recommendations (US/UK) to create deprivation indexes and audit reservation policies.
Comprehensive Data Need for comprehensive data and clear guidelines for identifying
and Guidelines beneficiaries.
Accompanying Implement structural reforms like land reforms and skilling programs
Structural Reforms alongside reservations.
Periodic Reviews Conduct reviews of the reservation policy every five years to addresses
distortions and ensures equitable opportunities
Caste census
1. Caste-based census refers to the collection of demographic data that includes
information about the caste or social group of individuals within a population.
2. Recently, the Bihar government released the caste census and a few other state governments
like Karnataka announced the same.
3. Every Census in independent India from 1951 to 2011 has published data on Scheduled
Castes and Scheduled Tribes, but not on other castes. Before that, every Census until 1931
had data on caste.
4. The Socio-Economic Caste Census (SECC) conducted in 2011 aimed to gather
comprehensive data on socio-economic indicators, including caste information. However,
issues regarding data quality and classification challenges have hindered the effective release
and utilization of the raw caste data collected in the SECC.
Difference between Census and Caste Census

Census Caste Census
The Census Act of 1948 provides the legal Central government may provide for caste census by
framework for conducting the census in India. notification. It has no statutory basis.
The socio-economic data release only included The 2011 census marked the first time since
Scheduled Castes and Scheduled Tribes independence that socioeconomic data on Other
Backward Classes (OBCs) was gathered, but it was
not made public.
Census data is safe and secure. It is kept The personal information given in the SECC is open
confidential by law. to use by Government departments to grant and/or
restrict benefits to households.
It covers the entire population, gathering It focuses specifically on caste data, potentially
general demographic information. including all castes (not done in recent times) or
Scheduled Castes (SCs) and Scheduled Tribes (STs)
only (collected but not all data released).
It provides a broad picture of the population for It aims to understand the socio-economic situation
planning and resource allocation. of specific caste groups, potentially for targeted
social welfare programs.
Need of caste census

1. Social Justice - Caste data is key to understanding three important factors - the functioning
of the labour market, wealth inequality and implementation of policy schemes.
2. Evidence-based reservation policy: The current policies are based on the last caste
census which was conducted in 1931. A new caste census can provide the latest data to evolve
scientific criteria for reservation and sub-categorization. This would also be necessary for all
States, which have their own State-level OBC lists
3. Better targeting of Government welfare schemes: Eg. Under the National Food
Security Act, there are 87.1 million beneficiaries in Bihar. However, as per the latest caste
census data, 22.6 million persons have been excluded from this benefit.
4. Constitutional Mandate: Article 340 mandates the appointment of a commission to
investigate the conditions of socially and educationally backward classes and make
recommendations.
5. Caste intersects with additional factors like gender, religion, and region, resulting in
compounded disadvantages. The census can pave the way for more nuanced policy
approaches that address various dimensions of marginalization simultaneously. Eg. As per
the NSS survey, the average monthly per capita consumption expenditures (MPCE) of ST,
SC, and OBC households in rural areas were, respectively 65%, 73%, and 84% of the MPCE of
the general category.
6. Monitoring and Evaluation: SECC data provides a baseline for monitoring and
evaluating the effectiveness of government programs and policies aimed at poverty reduction,
social inclusion, and economic empowerment. Eg. under the MGNREGA scheme, SECC data
is used for monitoring.
7. Various committees like the Sachar committee and Justice Rohini committee have
highlighted the need for scientific data for highlighting relative deprivation
8. Better resource utilization
Challenges
1. Political Polarization along caste lines and exacerbating inter-caste tensions and conflicts.
2. Demand for more reservation: Eg. The revelation of the exact population share of OBCs
greater than or equal to 52%, as estimated by the Mandal commission, can trigger demands
for enhancing the 27% reservation quota for OBCs.
3. Despite the Constitution's aim to foster a casteless society, there remains a risk of caste
identities being strengthened due to caste census. This hardening of caste identities may
hamper the growth of national integration
4. Administrative challenges: Counting the number of castes in India poses a challenge due
to variations in spellings across different states. Additionally, a caste that is considered
extremely backward in one state may be classified as backward in another state.
5. Potential Stigmatization: Revealing caste identities may result in individuals facing
discrimination and may discourage truthful responses and compromise the accuracy of the
survey.
Way forward
1. As suggested by Prof Yogendra Yadav, there is a need to develop a cross-party consensus
and articulate the demand for caste census as an element in a larger multi-dimensional
ideology of social justice that includes gender.
2. As suggested by Suhas Palshikar, there is a need to prepare a backwardness index
based on the caste census and incentivize the inclusion of persons with a high backwardness
index in private employment.
3. Use of technologies such as Artificial intelligence and machine learning can help in analyzing
data.
Sub-categorization of OBCs
1. It refers to creating sub-categories within the larger group of OBCs to ensure “equitable
distribution” of representation among all OBC communities.
2. Justice Rohini commission on OBC sub-categorization was set up by the President of
India, mandated under Article 340 to investigate the conditions of socially and
educationally backward classes and propose steps for their improvement. It submitted its
report in October 2023.
3. Findings of commission
a. 97 percent of the reserved jobs and seats have gone to 25 percent of OBC sub-castes, and only
10 OBC communities have taken the 25 percent of reserved central jobs and institutional
seats.
b. As many as 983, or 37 percent, of the 2,600 communities under the OBC category had zero
representation in jobs and institutes, and only 2.68 percent reservations have been used by
994 castes.
Need
Horizontal Ensures fair distribution of Mandal Commission identified 3,743 castes

Equity benefits among OBCs, and communities as OBCs. The recent Bihar
recognizing the varying caste survey identified 27% of the population
degrees of marginalization. as “pichhda” (backward), and 36% as “atyant
pichhda” (EBCs).
Fair Addresses graded Justice Rohini Commission's

Distribution inequalities by breaking recommendation to sub-categorize OBCs into
Structure sub-categories into different three benefit bands: communities receiving
benefit bands. no benefits (10 percent), those with partial
benefits (10 percent), and those receiving
maximum benefits (7 percent).
Subcategories Many states have Andhra Pradesh and Karnataka have divided
in States implemented their own OBCs into five subcategories; Kerala has eight
criteria to distribute quota subgroups for 40% OBC reservation.
benefits among OBCs.
Targeted Enables formulation and Educational scholarships, skill development

Welfare implementation of targeted programs, and employment opportunities for
Measures welfare measures by the most marginalized OBC communities.
prioritizing the most
marginalized.
Enhancing Ensures reservation benefits

Social Justice reach the most backward
OBC communities, fulfilling
the constitutional mandate.
Increased Facilitates upward social

Social Mobility mobility for the most
disadvantaged subgroups by
providing them with more
opportunities.
Transparency In implementation of
and reservation policies thereby
Accountability reducing politicization and
demands by other well off
castes.
Challenges
Aspect Description
SC Judgments on In E V Chinnaiah vs State of Andhra Pradesh, the SC held that no

Sub-Categorization special sub-quota can be introduced within SC/ST quotas for more
backward castes.
In State of Punjab vs Davinder Singh, the issue was referred to a

larger bench for further consideration.
Data and Scientific According to Justice Vangala Eswaraiah, without a caste census and
Basis scientific data, sub-categorization of OBCs could perpetuate injustice.
Identification and Determining criteria for sub-categorization and accurately identifying

Classification OBC groups based on their socio-economic backwardness is complex
and subjective.
Administrative Weak administrative capacity and bureaucratic inefficiencies can hinder

Implementation effective implementation of sub-categorization.
Fragmentation and Dominant OBC groups may resist sub-categorization as it can dilute their
Division access to benefits, leading to internal conflicts and resistance.
Equity vs Equality Balancing the principles of equity (providing more to those with greater
need) and equality (treating everyone the same) is complex and
contentious.
Potential for Misuse Sub-categorization may be susceptible to misuse for political gains by
manipulating data and criteria to benefit specific communities or
individuals.
Lack of consensus Achieving political and social consensus on the criteria and process for
sub-categorization is challenging, leading to delays and conflicts.
Way Forward
Recommendation Description
Transparent Criteria Use clear and objective indicators of socio-economic backwardness,

such as income levels, educational attainment, access to basic services,
and representation in government jobs.
Consultation and Ensure broad-based consultation with OBC communities, experts,

Inclusivity civil society organizations, and political stakeholders in the
sub-categorization process.
Long-term Vision Approach sub-categorization as part of a broader agenda for social

inclusion and empowerment of marginalized communities.
Political Will and Prioritize and implement sub-categorization effectively by overcoming

Commitment political resistance through dialogue, consensus-building, and
advocacy for the broader public interest.
Right to Freedom under Article
19-22
Right Reasonable Restrictions
Article 19(1)(a): Article 19(2) - Restrictions in the interests of sovereignty and integrity
Freedom of Speech of India, security of the state, friendly relations with foreign states, public
and Expression order, decency or morality, or in relation to contempt of court,
defamation, or incitement to an offense.
Article 19(1)(b): Article 19(3) - Restrictions in the interests of sovereignty and integrity
Right to Assemble of India or public order.
Peacefully
Article 19(1)(c): Article 19(4) - Restrictions in the interests of sovereignty and integrity
Right to Form of India, public order, or morality.
Associations or
Unions
Article 19(1)(d): Article 19(5) - Restrictions in the interests of the general public or for
Right to Move the protection of the interests of any Scheduled Tribe.
Freely Throughout
India
Article 19(1)(e): Article 19(5) - Restrictions in the interests of the general public or for
Right to Reside and the protection of the interests of any Scheduled Tribe.
Settle in Any Part of
India
Article 19(1)(g): Article 19(6) - Restrictions in the interests of the general public, for the
Right to Practice protection of the interests of any Scheduled Tribe, or on the grounds of
Any Profession or to reasonable requirements such as professional qualifications or technical
Carry on Any standards.
Occupation, Trade,
or Business
Article 20(1) No person shall be convicted of any offense except for violation of a law in
Protection against force at the time of the commission of the act.
ex post facto laws
Article 20(2) No person shall be prosecuted and punished for the same offense more
Protection against than once.
double jeopardy
Article 20(3) No person accused of any offense shall be compelled to be a witness

Protection against against himself.
self-incrimination
Article 21 No person shall be deprived of his life or Any deprivation must follow a fair, just, and
Protection personal liberty except according to the reasonable legal procedure. I.e Procedure
of life and procedure established by law. Established by Law and Due Process of Law
personal (Menka Gandhi Case)
liberty
Significance
Aspect Description/Examples
Political Freedom of speech and expression allows political criticism and

Democracy accountability.
Protection of Protects individuals from arbitrary actions by the state and ensures
Individual personal freedoms. Eg- Shreya Singhal v. Union of India (2015) - Struck
Liberties down Section 66A of the IT Act.
Individual Right to profession under Article 19 and Right to Livelihood under Article
Development 21.
Human Dignity Maneka Gandhi v. Union of India (1978) - Expanded Article 21 to include
the right to live with dignity.
Rule of Law Nandini Satpathy v. P.L. Dani (1978) - Protection against

self-incrimination under Article 20(3).
Social Progress Allows individuals to pursue their aspirations and contribute to societal
development. Eg- Freedom of profession (Article 19)
Positive Rights Article 21A mandates free and compulsory education for children aged
6-14. Unnikrishnan v. State of Andhra Pradesh (1993) recognized right to
education as fundamental Right.
Expansion of Right to Life (Article 21) interpreted to include the right to privacy and a
Fundamental clean environment.
Rights
Reasonable restrictions
Ground Description
Sovereignty and Added by the Constitution (Sixteenth Amendment) Act, 1963.

Integrity of Speeches encouraging armed rebellion in Jammu and Kashmir or the
India northeastern states.
Security of the Speech that incites rebellion, promotes terrorism, or undermines state
State institutions.
Friendly Statements that harm diplomatic relations with other countries.

Relations with
Foreign States
Public Order Speech that disrupts public order, leads to violence, rioting, or unrest. Eg-
Hate speeches during the 2020 Delhi riots
Decency and Speech that is obscene, vulgar, or offensive. Regulated by Sections 292 to 294
Morality of the IPC.
Contempt of Speech that scandalizes or lowers the authority of the judiciary to ensure
Court proper functioning of the legal system. Punishable under Article 129 and
Article 215 by SC and HC. Eg- Prashant Bhushan Case
Defamation Speech that harms the reputation of an individual or entity. Added by the
Constitution (First Amendment) Act, 1951.
Incitement to Speech that incites others to commit a criminal offense. Eg- Arrests related to
an Offense Bhima Koregaon violence
Expanding Scope
Case Summary
Maneka Gandhi v. Right to Life under Article 21 includes the right to live
Union of India (1978) with dignity, encompassing freedom to travel abroad.
Shreya Singhal Struck down Section 66A of the Information

Judgment (2015) Technology Act, 2000, for violating freedom of speech
and expression.
Kaushal Kishore case Existing eight "reasonable" restrictions under Article

19(2) are exhaustive; no further curbs can be imposed
on freedom of speech and expression.
SC Vishaka v. State of Recognized right to a safe working environment under

Judgments Rajasthan (1997) Article 21 and right to gender equality under Article 14;
guidelines against sexual harassment at workplace.
Naz Foundation v. Declared criminalizing same-sex relationships

Govt. of NCT of Delhi unconstitutional; upheld rights to privacy, dignity, and
(2009) equality under Articles 14, 15, and 21.
Puttaswamy v. Union of Recognized right to privacy as a fundamental right

India (2017) under Article 21; essential for personal autonomy,
dignity, and freedom.
Nalsa v. Union of India Recognized rights of transgender persons; directed

(2014) government to ensure protection and empowerment
through affirmative action.
Faheema Shirin v. State Kerala High Court recognized Internet access as a

of Kerala (2019) fundamental right under Article 21.
State of Maharashtra v. Emphasized that Article 21 protection extends to

Ravikant S. Patil (1991) prisoners; ensures humane treatment and procedural
safeguards.
Sunil Batra v. Delhi Upheld fundamental rights of prisoners under Articles
Administration (1980) 21 and 22, even during incarceration; rights not
extinguished by imprisonment.
D.K. Basu v. State of Laid down guidelines to prevent custodial violence;

West Bengal (1997) protects rights of arrested persons under Article 22(1)
and (2), ensuring fair treatment and procedural
safeguards.
Through 86th Amendment Act inserted Article 21A, making free and compulsory
Amendmen education a fundamental right for children aged six to
ts fourteen years.
44th Amendment Act enhanced the procedural safeguards for preventive

detention
Challenges in Implementation
Challenges Description/Examples
Reasonable Restrictions Increasing internet shutdowns, abuse of defamation laws,

curtailment of civil liberties during emergencies
Restrictive Laws and Regulations Laws governing sedition, defamation, and public order, are
often used to curtail freedom of speech and expression. Eg.
Journalist Siddique Kappan case, AFSPA, 9th schedule
Judicial Backlog and Delayed Overburdened courts and prolonged legal proceedings
Justice contribute to delays in justice delivery, undermining the
effective enforcement of fundamental rights.
Socio-economic Inequalities disproportionately affect marginalized communities. Eg- As

per census 2011, there are 4.36 Million Child Labours
Lack of Awareness As per CSDS survey, only 42% of Indians are aware of their
fundamental rights
Legal and Administrative As per NALSA report, approximately 70% of India's

Bottlenecks population is unable to access legal aid services due to
poverty, lack of legal awareness, and geographical
remoteness.
Censorship and Media limits the dissemination of information and hinder the free
Restrictions exchange of ideas. Eg. India ranks 161st out of 180 countries
in World Press Freedom Index
Threats to Minority Rights lynching of Tabrez Ansari in Jharkhand in 2019 and the mob
violence against Muslims during the Delhi riots in 2020
Way forward for right to liberty

1. Positive Liberty - Increasing investments in social sector indicators like Health, Education,
Skills for Capacity Building and using nudge techniques to develop civic sense among
citizenry. Eg- SBM
2. Legal Reforms: reviewing and amending existing laws to align them with principles of
constitutionalism and international human rights standards. Eg- amending AFSPA
3. Judicial Independence: Through transparent appointin procedure, providing adequate
resources to the judiciary, and enhancing judicial training on human rights issues.
4. As held by SC in Kaushal Kishore judgment, the fundamental rights are exercisable not
only vertically but also horizontally. Thus, there is need to empower citizens through access to
information and effective grievance redressal mechanisms to enable them to enforces their
fundamental freedoms. Eg- strengthening RTI, institutionalising Citizen Charter
5. Digital Rights: refraining from imposing arbitrary restrictions on social media platforms and
promoting digital literacy and responsible online behavior.
6. Civil Society Engagement: Supporting civil society organizations, human rights defenders,
and advocacy groups which play a critical role in monitoring threats to free speech, providing
legal assistance to individuals facing censorship or persecution, and advocating for policy
reforms.
Right to be forgotten
1. The right to be forgotten, a concept arising from the "right to privacy," allows individuals to
request the removal of their personal information from online platforms or search
engines.
2. The Right to Privacy under Article 21 encompasses protecting information that is not
publicly available, while the Right to Be Forgotten involves the removal of information that
was previously publicized and preventing third parties from accessing it further.
Origin
1. It can be traced back to the right to oblivion in French Jurisprudence. It was utilized
for the smooth integration of former offenders ( who have served their sentences) into
society.
2. In 2016, the European Union solidified the RTBF concept with the introduction of GDPR.
Article 17 of the GDPR grants individuals the “ right to erasure," allowing them to request
the deletion of their data under certain conditions.
Right to be forgotten in India:

1. India doesn't have explicit law to deal with the Right to be forgotten however, it has been
implicitly recognized by courts as part of the right to privacy under Article 21 of the
Indian Constitution.
2. While, the IT Rules, 2021 do not include this right, they do however, lay down the
procedure for filing complaints with the designated Grievance Officer so as to have content
exposing personal information about a complainant removed from the internet.
3. The right to be forgotten was first raised before the Indian court in the case of Dharamraj
Bhanushankar Dave v. State of Gujarat & Ors (2015) before the Gujarat High Court.
However, the court did not recognize the existence of the ‘Right to be Forgotten’ in India.
4. In K.S. Puttaswamy judgment, the Supreme Court recognized the Right to Be Forgotten
(RTBF) as part of the right to life under Article 21 of the Indian Constitution. The court
stipulated that the RTBF is subject to certain restrictions like an exercise of the right to
freedom of expression and information, Fulfillment of legal responsibilities, Execution of
duty in the public interest or public health, etc
5. The Delhi High Court in Jorawar Singh Mundy v Union of India recognized the right to
be forgotten of an American citizen.
Arguments in Favour
1. Protection of individuals' privacy rights by allowing them to control the dissemination of
their personal information online.
2. Digital Identity Management: The right enables individuals to manage their digital
identities by removing outdated or inaccurate information that may no longer be relevant.
3. Promotion of Rehabilitation by mitigating post-acquittal social stigma, shielding
individuals from further repercussions such as societal ostracism, employment challenges, and
obstacles in marriage. Eg. In Sri Vasunathan v The Registrar General case, the Madras
High Court allowed an individual to request the removal of his name from court records
related to a criminal case that had been dismissed.
4. Harmonization with Data Protection Laws such as the General Data Protection
Regulation (GDPR) in the European Union. Recognizing this right ensures consistency with
international standards and promotes accountability and transparency in the handling of
personal data.
5. Balance of Rights: freedom of expression and right to privacy and dignity. Eg. removal of
revenge porn
6. Promotion of Trust in Digital Ecosystems: By empowering individuals to control their
online presence and protect their privacy, the right encourages responsible data practices and
promotes ethical online environment.
Arguments against
1. Chilling Effect on Article 19: The existence of the right to be forgotten may have a chilling
effect on journalism, investigative reporting, and freedom of expression, as individuals and
media organizations may self-censor or refrain from publishing sensitive information to avoid
potential legal repercussions or removal requests.
2. The right to be forgotten may conflict with the right to information, which is a
component of freedom of speech under Article 19(1)(a) of the Indian Constitution.
3. Issues for Judiciary: Removing complete judgments could limit public scrutiny of judicial
performance, hindering the ability to assess the fairness and objectivity of the administration
of justice.
4. Additionally, judgments serve as valuable learning resources for law students, making their
removal detrimental to legal education.
5. Revisionist History: Removing information could distort historical records and hinder
academic research.
6. Selective Memory: The right to be forgotten may enable individuals to conceal their past
actions or misdeeds, allowing them to evade accountability and scrutiny, especially in cases of
public figures or individuals in positions of power.
7. Practical Challenges: Implementing the right to be forgotten poses significant technical and
logistical challenges for online platforms and search engines, including identifying and
verifying requests, determining the validity of removal requests, and ensuring compliance with
diverse legal frameworks across jurisdictions.
8. Potential Abuse such as suppressing information to manipulate public opinion, cover up
wrongdoing, or evade legal consequences, undermining transparency and accountability.
Way forward
1. For the effective implementation of the Right to Be Forgotten, a constitutional
amendment is required to include privacy as a permissible ground for reasonable
restriction under Article 19(2).
2. Sufficient safeguards: Eg. SC in Puttaswamy judgment has held that the right cannot be
exercised where the information or data is necessary for exercising the right of freedom of
expression and information, for compliance with legal obligations, or the performance of a
task carried out in public interest.
Sedition Law
1. In India, Section 124(A) of IPC defines sedition as an offense committed when any person
by words or otherwise brings or attempts to bring into hatred or contempt, or excites or
attempts to excite disaffection towards the government established by law in India by words,
either spoken or written, signs, visible representation, or otherwise.
2. Sedition is a cognizable, non-bailable, and non-compoundable offense under the law,
entailing life imprisonment as Maximum punishment, with or without a fine. An individual
charged under this provision is also barred from various services like government jobs,
passports, etc.
3. The new Bharatiya Nyaya Sanhita has removed section 124A of IPSC but has
introduced similar provisions under Section 150. It broadens the scope of Sedition to
include "secession", "armed rebellion", "subversive activities" and "separatist activities".
Statistics about Sedition Cases

Year/Period Details
NCRB Report, Around a 75% decline in sedition cases from 2021 (76 cases) to 2022 (20
2022 cases).
NCRB Data Between 2014 and 2020, 399 sedition cases were registered in India.
(2014-2020)
Conviction Only nine convictions out of 399 registered cases between 2014 and 2020.
Rate (merely 2.25%)
Need for Sedition Law

1. National Security: To prevent actions or speech that could incite rebellion or threaten the
stability of the state. Eg - in Kashmir to the Northeast.
2. Reasonable Restrictions: While Article 19(1) protects freedom of speech, it is not without
limitations. In certain instances, speech is employed to disrupt the political stability of a
country and foster hostility within society.
3. The uninterrupted presence of the lawfully established government is crucial for maintaining
the stability of the State. Sedition law safeguards the elected government from violent and
unlawful attempts to overthrow it.
4. Preservation of Sovereignty by preventing activities or speech that undermine the
authority of the government or challenge the constitutional order.
5. Defense Against External Threats by prohibiting activities that may be seen as aiding or
abetting foreign adversaries.
6. Arguments by Law Commission,
a. The existence of laws such as the UAPA and the NSA does not cover all elements of
the offense envisaged under Section 124A of the IPC.
b. The mere colonial origin of a legal provision does not automatically justify its repeal.
c. The mere occurrence of misuse doesn't necessitate the scrapping of a law; instead,
establishing procedural safeguards can effectively curb any alleged misuse.
Arguments Against
1. Against freedom of speech and expression under Article 19 and is prone to misuse
by striking at dissent, which might be peaceful rather than violent. Eg. sedition cases against
an entire village in Kudankulam, Tamil Nadu for resisting a nuclear power project.
2. Colonial Legacy: The sedition law was originally introduced by the British to quash the
freedom struggle. Its continued existence today lacks justification, especially considering that
Britain abolished it in 2009.
3. Overly wide and loosely defined: ambiguous interpretations of 'disaffection towards the
government' and other provisions has been used against activists, detractors, writers, and
even cartoonists.
4. While it prohibits expressions of discontent toward the government, it fails to address
dissatisfaction with the Constitution, parliament, and judiciary, all of which could pose
equally significant threats to the security of the State.
5. Political misuse to suppress opposition. Eg. the arrest of Andhra Pradesh MP K. Raghu
Ramakrishna Raju
6. Low conviction rate: As per NCRB data, between 2014 and 2020, 399 sedition cases were
registered in India, with only nine convictions.
7. Inconsistency between its international obligations and domestic implementation.
Eg. section 124A conflicts with the principles outlined in the 'Open Societies' statement,
which India has endorsed. This statement obliges signatories to uphold freedom of
expression, both online and offline.
8. Some argue that the provisions of the Indian Penal Code (IPC) and the Unlawful Activities
Prevention Act (UAPA) adequately safeguard national integrity. Therefore, there is no
necessity for a distinct provision on sedition law.
Way forward
1. The law commission has recommended an Amendment of the law rather than Repealing. It
has recommended aligning the law with Kedar Nath judgment which stipulated that there
must be a ‘pernicious tendency to incite violence’ to invoke the sedition law.
2. Procedural safeguards: Eg. revision to Section 154 of the CrPC mandating that an FIR
under Section 124A can only be registered following a preliminary inquiry by a police officer
and subsequent approval by the central or state government.
3. Sensitization of law enforcement agencies: There is a need to educate and train the
Law enforcement authorities regarding the application and non-application cases of
sedition to prevent the problem of misuse.
4. Alternatives like strengthening existing mechanisms related to hate speech, and violence so
that there would be no need to use it or use it sparingly.
SC Judgments:
1. Kedar Nath Singh v. State of Bihar (1962): The court narrowed the scope of sedition,
stating it only applies when there's an incitement to violence or a tendency to cause violence
against the government. Mere criticism or dissent wouldn't be considered seditious.
2. Balwant Singh vs. State of Punjab (1995): The Supreme Court emphasized that sedition
charges cannot be invoked against individuals merely for expressing their views or advocating
for the rights of a particular group unless there is clear evidence of incitement to violence or
public disorder.
3. P. Alavi vs State of Kerala, 1982: SC held that sloganeering, criticizing of Parliament, or
Judicial setup did not amount to sedition.
4. Express Newspapers (Bombay) Pvt. Ltd. v. Union of India (1985): The court, in this
case, protected the freedom of the press. It stated that criticism of the government, however
strong, wouldn't be seditious unless it has a "direct incitement to violence."
5. Prafulla Kumar Mahanta v. Union of India (2019): The court emphasized that the law
can't be used to suppress dissent or criticism. It called for a "prudent exercise" of power while
applying sedition charges.
6. Vinod Dua v. Union Of India (2021): The court quashed a sedition case against journalist
Vinod Dua. It reiterated that criticism of the government isn't sedition and called for the
"disinvocation" of the law in most cases.
Undertrials
1. An undertrial is a person who has been formally charged with a crime but is yet to undergo a
trial or receive a final verdict in court.
2. Accused, Not Convicted: It's important to distinguish undertrials from convicted criminals.
Undertrials are presumed innocent until proven guilty in court.
3. Awaiting Trial: They might be in prison while awaiting trial (remand) or released on bail
depending on the severity of the charges and the judge's discretion.
Statistics about undertrials in India

Statistic Details
Share of Undertrials Increased from 66% in 2012 to 76% in 2022.

(2012-2022)
Youth (18-30 years) among 49.7% in 2022, up from 46.7% in 2013.

Undertrials
Undertrials in Prison for 29.1% had been in prison for over a year.
More than a Year (2021)
Undertrials from 66% belonged to SC, ST, and OBC communities, compared to
Marginalized Castes (2022) their 39% share in the population.
Reasons for a high number of undertrials
Aspect Challenge Description
Judici Backlog of Over 4 crore cases pending in the judiciary, including more
al Cases than 66,000 in the Supreme Court.
Shortage of Judge to population ratio is 21 per million in India, whereas it

Judges should be 50 per million according to the Law Commission.
Administ Inefficient Poor quality of investigation due to untrained and
rative Investigation unprofessional staff affects the speed and quality of
investigation. Eg- Arriving late and failure to secure the crime
scene might lead to contamination of evidence.
Inadequate Old and overcrowded prisons with limited facilities.

Prison Occupancy rate in India’s prisons is more than 130%.
Infrastructur
e
Unnecessary Law Commission's 268th report highlights that over 60% of

Arrests arrests were unnecessary, accounting for 42.3% of jail
expenditure.
Inefficient Inadequacy of public prosecutors leads to delays in trials and

Prosecution a rise in undertrials.
System
Social Poverty and 27% of undertrials are illiterate, and 41% dropped out before
Illiteracy Class X.
Social Stigma Imprisonment leads to social disreputation, making it difficult

for undertrials to get community support.
Complex and The intricate and slow nature of the legal system leads to a
Time-Consum rise in the number of undertrials.
ing Legal
System
Problems faced by undertrials

Issue Details
Violation of Right to One in four undertrials have been confined for one year or more,
Speedy Trial and one in eight for two to five years, violating Article 21.
Mental and Faced due to criminal surroundings, especially by those who are
Psychological Health innocent.
Problems
Physical Health Includes skin diseases, allergies due to overcrowding, poor basic
Issues amenities like beds, toilets, quality food, etc.
Criminalizing Effect Influence of hardened criminals and lack of proper classification of

undertrials based on their crimes.
Suicides, Prison 119 prisoners died by suicide in 2022, at a rate of 20.8 per 100,000
Deaths, or Sexual prisoners, 67% higher than India’s suicide rate of 12.4 per 100,000
Harassment population.
Measures available to undertrials to seek justice
Provision Description
Constitutional Provisions
Article 14 Ensures fair and equal treatment for undertrials throughout the judicial
process.
Article 21 Protects undertrials from cruel, inhuman, or degrading treatment while in

custody.
Article 22 Guarantees that an arrested person will be informed of the grounds for arrest
and brought before a magistrate within 24 hours.
Article 39A Obligates the State to promote justice and provide free legal aid to
underprivileged undertrials.
Legal Provisions
Section Mandates the release of an undertrial on bail if they have served half of the
436A of maximum sentence for the offense during investigation and trial period.
CrPC
Inserted a new chapter XXIA ‘Plea Bargaining’ in the CrPC.
Section 167 Ensures that undertrial prisoners have the right to default bail if their judicial
of CrPC custody exceeds 90/60 days without a charge sheet being filed.
Supreme Court Judgments

Case Description
Hussainara Khatoon Right to a speedy trial is a fundamental right implicit in Article 21.
vs. Home Secretary, Laid down guidelines for speedy trials.
State of Bihar (1979)
Rasiklal v Kishore Reinforced the mandatory nature of granting bail for bailable
(2009) offenses.
Ajit Singh v. State of undertrial prisoners who have completed half of the maximum
Punjab (1999) sentence for the offenses they are charged with should be released
on bail.
Bhim Singh vs. Issued directions for setting up Under-trial Review Committees.
Union of India Directed periodic review of cases of undertrials who have undergone
(2014) long periods of detention.
Way forward
The Mulla Introduction of plea bargaining to expedite trials.
committee
Establishment of fast-track courts

Strengthening legal aid services to provide assistance to
underprivileged and undertrial prisoners.
Promotion of alternative dispute resolution mechanisms
Law Commission of releasing individuals convicted for crimes with sentences up to seven
India's 268th years after serving one-third of their time. It also advocated against
Report mechanical remand orders.
The Krishna Iyer focused on women prisoners and called for increased representation of
Committee women in the police force and improvements in women's correctional
facilities.
UN Bangkok Rules These are the 70 UN Rules for the Treatment of Women Prisoners
and Non-custodial Measures for Women Offenders
Open jails allowing them to move freely and engage in productive activities to
support themselves. This approach aims to mitigate the punitive nature
of imprisonment.
Malimath Filling up judicial vacancies, improving digital infrastructure

committee
Social Improving the literacy rate as well as launching an awareness

campaign regarding judicial literacy about the rights of people, legal
aid, etc will help deal with the issue of undertrials.
Conclusion - transforming jails into reformation centers.
Right to Protest
The right to protest is a fundamental civil liberty that grants individuals or groups the freedom to
express dissent, disagreement, or opposition to governmental policies, actions, or societal norms
through peaceful demonstrations, assemblies, marches, or other forms of collective action.
"Protest is the voice of the unheard." - Martin Luther King Jr.
"A democracy is vibrant when it allows for dissent, criticism, and protest. It is a sign of a healthy
society." - Romila Thapar
In India, the right to protest is not recognized separately and exclusively in the constitution but it is
implicitly protected under
a. A.19(1)(a): freedom of speech and expression,
b. A.19(1)(b): right to assemble peacefully and without arms,
c. A.19(1)(c): right to form association or trade union.
d. A.21: right to protection of life and personal liberty
However, the right is not absolute and under A.19(2),(3) reasonable restrictions are imposed.
Also, Section 144 of the Criminal Procedure Code (CrPC) empowers the District Magistrate to issue
orders to maintain public order in urgent situations.
Need for the right to protest

Aspect Details Examples
Inalienable protecting against tyranny of the LGBTQ+ protests against

Fundamental Right majority, preserving personhood and dual-gender policies.
individuality.
Expression of Ensures government accountability India Against Corruption

Dissent by allowing diverse viewpoints. movement.
Promotion of Civic Empowers individuals to voice Chipko movement.

Engagement concerns and contribute to public
discourse, shaping policies and
decisions.
Promoting Enables citizens to question the Farmers' protests led to the

Transparency and government, holding it accountable. repealing of farm bills.
Accountability
Social Change and Advocates for civil rights, women's The Arab Spring protests for
Reform rights, LGBTQ+ rights, and other democratic reforms and human
causes, raising awareness and rights.
mobilizing support.
Enhancement of Reflects diversity of opinions and The LGBTQ+ rights movement.

Pluralism and promotes inclusivity, pluralism, and
Diversity protection of minority rights.
Democratic Renewal Sparks debates, discussions, and Dalit Panther movement.
and Innovation reforms, strengthening democratic
institutions and values.
Challenges to the right to protest in India

Restriction Details Examples
Permissions Section 144 of the CrPC can be used to Denial of permits for protests against
restrict gatherings and protests. Authorities government policies.
may deny permits for protests deemed
inconvenient or disruptive.
Use of Force Instances of police using tear gas, water Use of force during farmers' protests.
by Police cannons, and violence against peaceful
protestors.
Government Activists and protestors critical of the Arrest of Journalist Siddique Kappan.
Crackdown government face arrests, detention, and
on Dissent sedition charges.
Surveillance Increased use of CCTV cameras and facial Discouragement of participation due to
and recognition technology to monitor protests. fear of reprisals.
Monitoring
Disruption of Large protests can cause traffic congestion Shaheen Bagh judgment: SC upheld
Daily Life and inconvenience for non-participants, the right to peaceful protests but stated
leading to public backlash. that public spaces cannot be occupied
indefinitely.
Fake News Spread of misinformation online to Labeling protesting farmers as

and discredit protest movements and sow Khalistani.
Propaganda discord among participants.
Internet Government-imposed internet shutdowns India has the highest number of

Shutdowns to control protests and information flow. internet blocks in the world, with 805
shutdowns between January 2012 and
February 2024.
Supreme Court Judgments

Case Details
Ramlila Maidan Incident Recognized the right to protest as a fundamental right but
v. Home Secretary, Union emphasized that the threat to public peace must be real. Seeking
Of India & Ors (2012) police permission for protests was deemed a reasonable restriction.
Mazdoor Kisan Shakti Emphasized the right to peaceful protest but stressed the need to
Sangathan vs Union Of balance it with the rights of residents who might be inconvenienced
India & Ors (2018) by prolonged demonstrations.
Shaheen Bagh Judgment Upheld the right to protest but clarified that demonstrations should
(2020) be held in designated places and should not indefinitely occupy public
spaces.
Way forward
1. Streamlining the permit process as suggested by the Supreme Court in the Ramlila Maidan
case by establishing clear guidelines, defined timelines, and transparent criteria for approval
or denial.
2. Judicious and limited use of section 144 of CrPC in situations where a clear and imminent
threat to public safety arises.
3. Training programs and stringent guidelines for police to ensure proper crowd management
and proportionate use of force against protesters.
4. Designating specific protest areas in major cities with adequate infrastructure to prevent
disruption of mundane life and harm to public property, as suggested by the Supreme Court in
the Mazdoor Kisan Shakti Sangathan Case.
Digital Rights
1. As per WEF, Digital rights are basically human rights in the internet era. They are closely
linked to freedom of expression and privacy and allow people to access, use, create, and
publish digital media, as well as access and use computers, other electronic devices, and
communications networks.
2. Recently, the European Commission has proposed a set of digital rights and principles. It is
an extension of the Berlin Declaration on Digital Society and Value-Based Digital
Government
Need for digital rights

1. Digital rights ensure critics and activists can voice their opinions online without fear of
government censorship or harassment.
2. Bridge the information gap. Digital rights, like the Fahima Shireen court ruling
recognizing internet access as a fundamental right, ensure everyone can access this vital
resource.
3. Maintaining control over personal information, particularly in India where the Aadhaar
biometric ID system has sparked concerns regarding potential mass surveillance.
4. It can help establish guidelines for respectful online behavior and give users tools to
report abuse.
5. Digital rights promote secure and responsible data management by acting as a guide to
policy makers and government and providing standards to evaluate the performance. Eg. EUs
set of digital rights and principles
Challenges to digital rights in India

1. Digital divide - The 'State of India's Digital Economy 2024' report, India’s gender gap in
internet connectivity is 10% and the rural-urban divide is even higher at 58%
2. Authorities have sometimes restricted internet access in certain regions to curb protests or
maintain order. Between January 2012 and February 2024, there were 805
government-imposed internet shutdowns across India.
3. India's data protection framework is still evolving. The vast amount of personal data
collected online raises concerns about misuse and potential government access. Eg. the
Aadhaar program, has been criticized for the potential for mass surveillance and data breaches.
4. Lack of awareness- The digital illiteracy makes them vulnerable to online scams,
misinformation, and privacy violations. Eg. According to data from 2023, only 29% of women
in India are digitally literate, compared to 59% of men.
5. As per a report by a cyber security firm checkpoint, The number of cyber attack cases in
India increased by 15% per week on average in 2023
Way forward
1. The government could offer subsidized internet plans and devices for low-income
households, students, and rural communities.
2. Timely completion of BharatNet project that aims to connect rural India with high-speed
broadband but could be expanded with subsidized user plans
3. Digital literacy programs like National Digital Literacy Mission by government to empower
them to exercise their digital rights confidently.
4. Establish an independent data protection authority to enforce data protection laws and
investigate potential violations.
5. Investing in robust cybersecurity infrastructure, including firewalls and data encryption
technologies.
Phone Tapping
Phone tapping, also known as wiretapping, is the monitoring of telephone conversations and
internet-based communication by a third party, often in secret.
Recently, the case of phone tapping of political leaders in Telangana, NSE Phone Tapping Case has
brought this issue into highlight.
In India, phone tapping is governed by The Indian Telegraph Act, 1885.

a. Section 5(2): At the center, 10 agencies (IB, CBI, etc) and at states, police have powers to
tap the phones.
b. Authority: Under Rule 419A of the Indian Telegraph (Amendment) Rules, 2007, at
the central level, the secretary in MoHA and at the state level, the secretary in the Home
Department has the authority to issue orders for phone tapping. They must record reasons
for tapping in writing.
c. In an emergency, such an order may be issued by an officer, not below the rank of a Joint
Secretary to the Government of India, who has been authorized by the Union Home
Secretary, or the State Home Secretary.
d. Grounds for phone tapping: If the center or states satisfy that it is necessary in case of
public emergency in the interest of “public safety”, “sovereignty and integrity of India, the
security of the State, friendly relations with foreign States or public order or for preventing
incitement to the commission of an offense”.
Safeguards available against phone tapping

1. Last option: It must be ordered only if there is no other way of getting the information.
2. Time period: If not revoked earlier, the order remains in force for 60 days. It can be
renewed but not for more than 180 days in total.
3. Review committee: At the center, it is headed by the Cabinet secretary, and at the state
level, it is headed by the Chief Secretary. It reviews orders by competent authorities, copies of
which are sent to it within 7 working days.
4. It is expected to meet once every two months to review all the orders.
5. The orders for tapping must be given by an officer, not below the rank of SP or Additional SP
or equivalent. It has to be conveyed to designated officers of service in writing.
6. Service providers also have to fulfill certain responsibilities like issuing acknowledgment
letters to the security/law enforcement agency within two hours on receipt of an intimation,
forwarding every 15 days a list of tapping authorizations received to the nodal officers of the
security and law enforcement agencies for confirmation of authenticity, etc. In case of
unauthorized tapping, the service provider may be fined or even lose its license.
Issues related to phone tapping:
Issue Details
Violation of Right Infringes upon the right to privacy (Article 21) as sensitive information
to Privacy about personal life and business is tapped without permission.
Chilling Effect on Fear of being monitored can lead to self-censorship and discourage open
Freedom of communication about sensitive topics. (PUCL vs Union of India).
Speech
Abuse of Power Governments might use phone tapping for political purposes, targeting
dissidents or critics to suppress dissent. Example: Pegasus issue.
Divergence with Article 17 of the International Covenant on Civil and Political Rights
International states that no one should face arbitrary interference with their privacy.
Obligation India is a signatory.
Loss of Public Frequent or unwarranted phone tapping can erode public trust in law
Trust enforcement agencies and government institutions. Example: Nira Radia
tapes scandal.
Technological New communication technologies constantly emerge, making it difficult

Developments for legal frameworks to keep pace and regulate phone tapping effectively.
Example: Use of encryption technology.
SC Judgments
Case Details
People's Union for Civil The court laid down guidelines for the interception of telephone
Liberties vs. Union of India conversations, emphasizing the need for proper authorization,
(1996) limited duration, and oversight mechanisms to prevent abuse of
surveillance powers.
Justice K.S. Puttaswamy The right to communication was declared a part of the right to
(Retd.) & Anr. vs Union of privacy, protected under Article 21 of the Constitution.
India & Ors. (2017)
Way forward
Recommendation Details
Enact Comprehensive Law Outline clear procedures, grounds for authorization, and
independent oversight mechanisms for phone tapping.
Judicial Review of Establish a process for judicial review to ensure phone-tapping

Authorizations authorizations meet legal requirements and are not arbitrary.
Annual Reports Publish annual reports on the number of phone taps authorized and
the reasons behind them, subject to national security
considerations.
Independent Oversight Body Create an independent body to oversee phone-tapping practices,

investigate complaints of misuse, and report to the public.
Right to Know Requests Enable citizens to file Right to Know requests to inquire if their
phone has been tapped, subject to national security considerations.
Freedom of Press
1. It is a cornerstone principle that ensures the right to freely communicate and express
information through various media channels like print(newspaper), electronic(TV), social
media(Twitter), etc.
2. As per the World Press Freedom Index 2023, India ranks 161 out of 180 countries. In
2022, India ranked 150. It shows a decline in the freedom of press in India.
3. In India, the freedom of the press has been regarded as an integral component of the freedom
of speech and expression guaranteed by Article 19(1)(a) of the Constitution.
4. However, under Article 19(2), certain reasonable restrictions are imposed on freedom of
press like the interests of the sovereignty and integrity of India, the security of the state,
friendly relations with foreign states, public order, decency or morality or in relation to
contempt of court, defamation or incitement to an offense.
5. The Press Council of India (PCI) acts as an internal governing body. This independent
council, composed of journalists and media representatives, is tasked with ensuring ethical
conduct within the press. They achieve this by reviewing complaints against media outlets and
promoting high journalistic standards.
6. Legal provisions: The Official Secrets Act of 1923 provides the government with the
authority to designate specific information as confidential and to penalize individuals for its
unauthorized disclosure. Likewise, the Press and Registration of Books Act of 1867
mandates publishers to register with the government and enforces penalties for failure to
comply.
Need for Freedom Of Press

Aspect Details Examples
Democracy and Acts as the fourth pillar of democracy, Unbiased reporting on elections and
Public holding governments and public government actions.
Participation officials accountable and facilitating
public participation in governance.
Checks and Investigates and reports on issues of Exposing corruption scandals and
Balances public interest, including corruption, human rights violations.
human rights abuses, and abuses of
power.
Addressing Fake Essential for combating fake news and Reporting on healthcare during
News misinformation, helping citizens make COVID-19 to fight misinformation
informed decisions. about vaccines.
Voice for Acts as a voice for marginalized sections Social media empowering the LGBTQ+
Marginalized of society like LGBTQ+, minorities, and movement.
Sections women, and protests against atrocities.
Tool for Social Campaigns among citizens by Media support for the Triple Talaq ban
Awareness empowering them with facts and act, empowering women's voices.
knowledge about social ills and the need
for social reforms.
Challenges to Freedom of Press
Challenge Details Examples from India
Government Governments may impose censorship, Blocking of The Kashmir Reader in

Censorship restricting the publication of information 2016.
critical of their policies.
Legal Constraints Laws such as Official Secrets Act, Arrest of journalist Siddique Kappan
defamation, sedition, and national under UAPA.
security laws can be misused to target
journalists.
Threats and According to data from the Committee to Murder of journalist Gauri Lankesh
Violence Protect Journalists, 36 journalists were in 2017.
imprisoned in India between 2014 and
2023, and 28 journalists were killed.
Economic Media organizations may face financial Withdrawal of advertisements by the

Pressures challenges due to pressure from government from The Hindu and
advertisers or loss of funding. The Telegraph newspapers in 2019.
Ownership Concentration of media ownership in the Reliance Industries' control over

Concentration hands of a few can lead to biased reporting Network18 group.
and lack of diversity.
Internet and Governments may impose regulations that IT Rules 2021.

Social Media restrict online journalism and social
Regulation media platforms.
Fake News and The spread of fake news and Spread of misinformation during the
Misinformation misinformation can undermine credible COVID-19 pandemic.
journalism and public trust in the media.
Self-Censorship Fear of repercussions may lead journalists Journalists avoiding coverage of

to self-censor their work, avoiding certain political issues due to fear of
controversial topics. reprisal.
Digital Governments and corporations may use Use of Pegasus spyware to target
Surveillance digital surveillance to monitor journalists, journalists in India.
compromising their sources and safety.
Legal Battles and Media houses and journalists may face Multiple defamation lawsuits filed
Intimidation prolonged legal battles aimed at against The Wire by politicians and
intimidating and silencing them. businessmen.
SC Judgments
Case Details
Romesh Thapar vs. The SC held that freedom of speech and of the press lay at the foundation
State of Madras (1950) of all democratic organizations.
Brij Bhushan vs. State Emphasized that any effort to limit press freedom must be justified by a
of Delhi (1950) clear and immediate danger, not vague or distant possibilities.
Secretary, Ministry of Addressed live telecast rights for cricket matches, holding that restricting
I&B vs. Cricket them to state-owned broadcasters violated press freedom.
Association of Bengal
(1995)
Siddhartha Vashisht The court differentiated between informative media and trial by media,
vs. State NCT of Delhi stressing the need to distinguish between legitimate commentary and
(2010) actions that undermine the presumption of innocence.
Manohar Lal Sharma The court noted that press freedom and privacy are mutually supportive,
vs. Union of India and surveillance threats undermine the press.
(2021)
Vinod Dua vs. Union of The SC ruled that critiquing the government and its policies does not
India & Others (2021) constitute sedition, affirming that freedom of speech and expression
encompasses the press.
Way Forward
1. Strengthening self regulation - The Second Press Commission, had suggested
strengthening the Press Council of India and enhancing its role in ensuring journalistic
standards.
2. Reforming defamation laws to make them press-friendly and prevent misuse. Also, precise
and narrow definitions of seditions are necessary to ensure freedom of the press in India.
3. Protecting journalists by stringent regulations, prompt implementation, swift
investigations, and harsher punishments to create deterrence among the culprits. Eg. Setting
up SITs, fast track courts, etc. (Malimath Committee Report on Criminal Law
Reforms)
4. Implementing measures to curb the excessive concentration of media ownership among a
handful of corporations to promote media pluralism. Complementing with enhanced
capabilities of public service broadcasters to offer impartial and varied perspectives and
establish financial mechanisms to sustain investigative journalism initiatives.
5. Enhancing compliance with journalistic ethical standards and advocating for responsible
reporting behaviors. Urging media organizations to disclose their ownership and financial
backing transparently to uphold public confidence.
Censorship in India
Censorship refers to the suppression, prohibition, or restriction of information, ideas, speech, or
other forms of expression by governmental authorities, institutions, or other controlling bodies.
"Censorship is the tool of those who need to hide actualities from themselves and others." - Isaac
Asimov
"The first condition of progress is the removal of censorship." - George Bernard Shaw
Laws related to cencorship
Law/Provision Details
The Cinematograph Act, Regulates film certification through the Central Board of Film
1952 Certification (CBFC), often criticized for stifling artistic expression.
The Indian Penal Code Contains sections like 295A (hurting religious sentiments) and 124A
(sedition) that can be used to restrict expression.
Article 19(2) of the Permits the State to impose reasonable restrictions on grounds like
Constitution security of the state, sovereignty, and integrity of India, friendly
relations with foreign countries, public order, decency and morality,
contempt of court, and defamation.
The Information Deals with online content and empowers the government to remove
Technology Act, 2000 content deemed harmful.
IT (Intermediary Aim to make large social media platforms (Significant Social Media
Guidelines and Digital Intermediaries - SSMIs) more accountable for the content hosted
Media Ethics Code) on their services.
Rules, 2023
The Cable Television Regulates the operation of cable television networks and provides
Networks (Regulation) for the registration of cable operators.
Act, 1995
The Press Council of Acts as a self-regulatory watchdog for the print media in India.
India (PCI)
Need for censorship in India

Justification Details Examples from News
Maintaining Censorship can be used to In 2008, the Indian government

Public Order restrict information that could be temporarily banned the broadcast of live
and Security detrimental to national security. coverage during the 26/11 Mumbai attacks
to prevent aiding the attackers.
Preserving Upholding moral standards and In 2016, the CBFC censored the film "Udta
Social cultural sensitivities by Punjab" for explicit content and references
Morality restricting content deemed to drug use.
obscene or offensive.
Regulating Controlling the depiction of In 2015, the government banned the

Obscenity sexual content, violence, or documentary "India's Daughter," which
and graphic imagery in media and depicted the 2012 Delhi gang rape case.
Indecency entertainment.
Preventing Restricting content that can lead In 2019, the Ministry of Home Affairs
Hate Speech to social unrest and endanger ordered the blocking of websites and
and public safety. social media accounts linked to extremist
Defamation groups.
Combatting Removing misleading In 2020, during the COVID-19 pandemic,

Fake News information to prevent panic the government worked with social media
and during emergencies or elections. platforms to remove false information
Misinformati about the virus and vaccines.
on
Protecting Shielding children and other In 2018, the Indian government imposed
Vulnerable vulnerable groups from harmful regulations on violent video games to
Groups content. protect children from harmful effects.
Promoting Reducing content that could In 2020, the Indian government banned
Social incite violence or hatred between 59 Chinese apps, including TikTok, citing
Harmony different social or ethnic groups. concerns over data security and promoting
social harmony.
Maintaining Preventing the spread of In 2019, the government shut down

Political information that could internet services in Jammu and Kashmir
Stability destabilize the government or following the abrogation of Article 370 to
incite rebellion. prevent unrest.
Intellectual Ensuring that media content In 2019, the Delhi High Court ordered
Property respects intellectual property ISPs to block websites facilitating illegal
Protection laws and does not promote downloads of the film "Uri: The Surgical
piracy. Strike."
Preventing Stopping the use of media In 2020, the government cracked down on
Misuse of channels for activities such as social media groups involved in illegal
Media for drug trafficking or human activities during the Delhi riots.
Illegal trafficking.
Activities
Avoiding Preventing the publication of In 2020, Republic TV faced multiple

Legal defamatory content to avoid legal lawsuits for defamation following its
Liabilities action. coverage of the Sushant Singh Rajput case.
Safeguarding Censoring content that In 2016, a film showing disrespect to the

National disrespects national symbols like Indian national flag was banned by the
Symbols the flag, anthem, or emblems. CBFC.
Arguments against censorship:
Challenge Details Examples from News
Contradiction to Hinders open discussion and Censorship on movies like "Padmavat"

Freedom of critical thinking, contradicting (2018).
Speech Article 19(a).
Chilling Effect on Creates a climate of fear and Controversy over "One Part Woman" book
Innovation and self-censorship among content by Perumal Murugan.
Creativity creators, stifling cultural and
intellectual growth.
Silencing Dissent Used to silence dissent against Ban on BBC documentary "India: The Modi
the government or powerful Question" (2023)
entities.
Restriction of Overzealous censorship can In 2016, the Tamil Nadu government

Information hinder public discourse and blocked two Tamil news channels (Puthiya
informed decision-making. Thalaimurai and News7 Tamil) for their
coverage of protests.
Vague and Terms like "public order" or

Subjective Terms "morality" are often vague,
leading to arbitrary enforcement
and misuse.
Driving Can backfire by driving Increased use of encrypted messaging apps

Discussions discussions underground, and private forums to discuss censored
Underground leading to reliance on unverified topics.
sources and misinformation.
Economic Impact Censorship can negatively affect Financial losses incurred by "Udta Punjab"
on Media the media industry by reducing (2016) filmmakers.
Industry revenue from controversial but
popular content.
Loss of Cultural Restricts the portrayal of diverse Censorship of regional films like "Ka
Diversity cultures and viewpoints, leading Bodyscapes" (2016), which depicted
to a homogenized media LGBTQ+ themes and local traditions.
landscape.
Infringement on Limits the ability of artists to Censorship of artist M.F. Husain's

Artistic Freedom express themselves freely and paintings, leading to his self-imposed exile.
push creative boundaries.
Suppression of Disproportionately impacts Restrictions on content related to LGBTQ+

Minority Voices marginalized groups, preventing issues, such as the banning of the film
their issues and perspectives "Aligarh" (2015) in some states.
from being heard.
Political Censorship can be exploited by Government pressure on media outlets to

Manipulation those in power to control portray favorable coverage of political
narratives and manipulate events, such as during elections.
public perception.
Erosion of Continuous censorship Censoring news coverage of the Citizenship
Democratic undermines the principles of a Amendment Act (CAA) protests in
Values democratic society by limiting 2019-2020.
free expression.
SC Judgments
Case Details
Sakal Papers (P) The SC held that the right to freedom of speech and expression includes the
Ltd. vs. Union of freedom of the press, and any law that imposes prior restraint on the press
India (1962) must pass the test of reasonableness.
K.A. Abbas vs. The Supreme Court held that the power of pre-censorship conferred on the
Union of India CBFC under the Cinematograph Act, 1952, must be exercised within the narrow
(1970) limits laid down by the Constitution.
Shreya Singhal The SC struck down Section 66A, holding it to be violative of the freedom of
vs. Union of India speech and expression guaranteed under Article 19(1)(a) of the Constitution.
(2015)
Way forward
1. Revise censorship laws to provide clearer definitions of terms like "public order" and
"morality" to minimize subjective interpretations and misuse.
2. Encourage Self-Regulation: It is imperative for media institutions to prioritize
self-regulation as a proactive measure against excessive government intervention. This
strategy presents a more equitable solution compared to direct government oversight of
content.
3. Implement age-gating systems for online content deemed mature, restricting access for
underage users without resorting to complete bans.
4. Integrate media literacy programs into school curriculums to equip students with the
skills to evaluate information sources, identify bias, and spot misinformation.
5. Mandate social media platforms to publish regular transparency reports disclosing the
volume and nature of content removed and the reasons behind them.
OTT Regulation in India
OTT stands for "Over-the-Top." An OTT platform is an audio and video hosting and streaming
service that delivers streaming media content directly to viewers over the internet, bypassing
traditional cable, satellite, and broadcast television. Eg. Netflix, Amazon, etc
As per Ormax Media report 2023, India has 481 million OTT users and 102 million paid
subscriptions. It also shows a growth rate of 20% showing an increasing market for OTT platforms.
Regulatory Mechanism in India

Aspect Details
Co-Regulation Self-regulation at the industry level with an oversight mechanism at the

Model Ministry level.
Self-Regulatory Set by industry bodies like IAMAI, including content classification, age
Guidelines ratings, and grievance redressal mechanisms.
Information Applies to OTT platforms through specific sections and intermediary

Technology Act (IT guidelines. Eg - Section 79 provides safe harbor for OTT platforms if
Act), 2000 they meet certain conditions.
Indian Penal Code Section 292 on obscene acts can make OTT platforms liable for
(IPC), 1861 displaying obscene content.
IT (Intermediary MoIB regulates OTT platforms with provisions like a code of ethics,
Guidelines and age-based classification, parental locks, and a three-level grievance
Digital Media Ethics redressal mechanism. These rules are based on the Co-Regulation
Code) Rules 2021 Approach.
Broadcasting Aims to create a single framework for broadcasting, OTT, and digital
Services Bill, 2023 media, replacing the Cable Television Networks Act of 1995.
Need for OTT regulation

Challenge/Necessity Details
Content Oversight Regulation ensures content aligns with cultural sensitivities,
societal norms, and legal frameworks concerning obscenity,
violence, and hate speech.
Level Playing Field The Internet Service Providers Association of India suggests parity
in regulation between OTT platforms and licensed telecom service
providers. Eg. WhatsApp provides communication services like
messaging, calls samee like other TSPs without licenses
Exponential Growth and Regulation is necessary to ensure proper use and mitigate effects
Impact on viewers, including children, youth, and women. Eg.
Objectification of women, child pornography
Infrastructure Usage by OTT platforms rely on infrastructure built by Telecom Service

OTT Platforms Providers (TSPs) without paying charges, affecting telecom
revenue. Eg. Whatsapp VoLTe service
Consumer Rights Regulation can address misleading advertisements, unfair trade

practices, and inadequate grievance redressal mechanisms on OTT
platforms.
National Security Regulation is needed to ensure public order and national security,
preventing the spread of misinformation and incitement of
violence. Eg. Extremist groups use OTT platforms to spread
propaganda or recruit members.
Content Transparency Ensuring content transparency through age classification and clear
guidelines on prohibited content helps customers make informed
choices about what they watch.
Challenges in OTT regulation

Challenge Details
Content Diversity and Regulating diverse content while respecting freedom of expression
Sensitivity and cultural sensitivities presents a significant challenge.
Jurisdictional Conflict Conflicts between TRAI and DoT over OTT regulation, such as
HotStar’s free streaming of World Cup matches.
Dynamic Nature of New content formats, distribution models, and user behaviors
Digital Space require flexible and adaptable regulations.
Impact on Innovation Excessive regulation may stifle innovation and inhibit the growth of
and Industry Growth India's digital media industry.
Content Moderation Ensuring content does not violate community standards while
respecting creative freedom, e.g., controversy over scenes in series
like "Tandav".
Balancing Regulation Avoiding undue censorship while balancing regulation with the right
and Free Speech to free speech, e.g., criticism over removal of scenes from "Sacred
Games" (2018).
Data Privacy and Concerns over data collection and privacy policies of platforms like
Security Netflix and Hotstar.
Piracy and Intellectual Piracy of popular series and movies on unauthorized streaming sites.
Property
Enforcement of Age Challenges in ensuring age restrictions are adhered to by young

Restrictions viewers on OTT platforms.
Way forward
Clear Content Develop clear and objective guidelines that classify content based on
Classification factors like violence, nudity, and language with specific descriptions.
Guidelines
Media Development Authority (MDA) in Singapore provides a
model for content classification.
Robust Grievance Establish an independent body to review complaints alongside

Redressal System self-regulation by OTT platforms, with clear timelines for addressing
complaints.
Eg- Three-level mechanisms in IT rules.
Consistent Content A committee could be established to oversee consistent application of

Classification content classification rules across mediums.
Standards
Transparent Data Make data collection practices on OTT platforms transparent and
Collection Practices require explicit user consent before collecting and using data.
Define Content Target content promoting terrorism, violence, or hate speech rather than
Threatening implementing blanket censorship
National Security
Cinematograph (Amendment) Act, 2023

Parliament has passed the Cinematography (Amendment) Bill, 2023, aimed at amending the
Cinematograph Act, 1952. The act focuses comprehensively on curbing the menace of ‘Piracy’
causing losses of Rs 20,000 Crores to the film industry, based on certain estimates.
Need for amendment

Issue Details Examples
Film Piracy A newly released movie sees its
pirated version online within hours
of its theatrical release causing
significant financial losses to
filmmakers and studios.
Focus on The existing Act primarily focused Scenes or songs from a movie are
Censorship vs. on censorship rather than used without permission on a social
Copyright copyright protection, leaving media platform.
Protection loopholes for exploitation.
Rise of OTT The rise of OTT platforms and

Platforms online content consumption wasn't
envisaged by the 1952 Act. The
amendment brings regulations in
line with the digital age.
Broad U/A The existing U/A category in the A movie categorized as U/A might
Category film certification system was contain violence or themes
broad. Sub-categories offer more unsuitable for young children.
clarity, allowing parents to make
informed decisions.
Strengthening The amendment strengthens the Controversy regarding the movie

CBFC CBFC by clarifying its powers and "Adipurush"
autonomy while ensuring
adherence to established
guidelines.
Key provisions of the Act

1. Perpetually valid certificate: The act makes the certificate issued by CBFC perpetual instead
of 10 years in the existing act.
2. Separate certificate for TV/other media: Movies rated "A" (adults only) or "S" (restricted)
will need a different certificate to be shown on TV or any other platform decided by the
government. The CBFC may ask for changes to be made to the movie before it can be shown on
these platforms.
3. Copyright-related provisions: The Bill prohibits carrying out or abetting: (i) the
unauthorized recording and (ii) the unauthorized exhibition of films. Attempting an
unauthorized recording will also be an offense.
4. Anti-Piracy provisions: The Copyright Act, of 1957 Act allows limited use of copyrighted
content without the owner’s authorization in specified cases such as: (i) private or personal use,
(ii) reporting of current affairs, or (iii) review or critique of that work. Through this amendment,
the above offenses will be punishable with (i) imprisonment between three months and three
years, and (ii) a fine between three lakh rupees and 5% of the audited gross production cost.
5. Revisional powers of central government: The central government no longer gave
revisional powers regarding CBFC decisions. This was proposed by the SC in the case of K.M.
Shankarappa vs Union of India (2000).
6. Age-based Certification: The act divided the current U/A category into 3 subcategories
Issues with the Act

1. Its emphasis on stricter regulation and the CBFC's power to demand edits might lead to
censorship concerns. Filmmakers might feel pressured to self-censor or avoid controversial
themes to ensure smoother certification.
2. The requirement for separate certification for TV and other media might lead to overreach.
Artistic expression might be stifled if content deemed suitable for theatrical release faces stricter
scrutiny for television broadcast.
3. Enforcing stricter anti-piracy measures can be challenging, especially for online piracy
happening outside India's jurisdiction. The effectiveness of the Act's penalties might be limited
in the digital realm.
4. While self-regulation by filmmakers is encouraged, the Act doesn't clearly define the
boundaries. A lack of clear guidelines could lead to inconsistencies in content moderation.
5. The Act's primary focus is on films. How the amended regulations will be applied to content on
OTT platforms remains unclear. This ambiguity could create uncertainty for OTT content
creators.
Way forward
Recommendation Examples
Clear Content Define parameters such as the context of violence, nudity, and
Classification Guidelines language.
Incorporate Diverse Advisory panels including filmmakers, artists, and child

Representation psychologists can offer insights on the impact of content on
minors.
Establish Clear Timelines Detailed explanations for film ratings can be published to ensure
and Procedures transparency in the certification process.
Independent Body for An independent review body can provide a fair platform for
Appeals filmmakers to appeal against CBFC decisions.
Cooperatives
The International Cooperative Alliance (ICA) defines a cooperative as an autonomous
association of persons united voluntarily to meet their common economic, social, and cultural needs
and aspirations through a jointly owned and democratically controlled enterprise.
India hosts 8.55 lakh out of 30 lakh cooperative societies in the world and about 13 crore people
are directly associated with them and 91% of villages in India have some form of cooperatives
working in them.
At present, there are around 800,000 cooperative societies and around 1,600 MSCS.
Provisions related to Cooperatives in India

Here is a summary of the key legal frameworks and provisions related to cooperative societies in India,
along with the roles and recent judicial interpretations:
Constitutional and Legal Framework

Provision Details
97th Amendment Introduced Part IXB "The Co-operative Societies" into the Indian
Act (2011) Constitution, establishing a constitutional framework for cooperative
societies.
Article 19(1)(c) Right to form cooperatives within the fundamental rights guaranteed to
citizens, ensuring the freedom to establish cooperative societies.
Article 43B Directs the state to promote the voluntary formation and democratic
functioning of cooperatives, encouraging cooperative movement as a state
policy.
Multi-State Governs the formation, registration, operation, and winding up of

Cooperative multi-state cooperative societies operating in more than one state.
Societies Act
(2002)
Entry 32 of State Regulates the cooperative societies with objects confined to one state,
List allowing state governments to legislate on local cooperative societies.
Ministry of Established to promote and support cooperative societies across the

Cooperatives country, aimed at strengthening the cooperative movement and ensuring
(2021) better governance.
Supreme Court Struck down some provisions of the 97th Amendment Act, 2011, holding
Judgement that Part IXB would not apply to local cooperative societies as the
(2021) amendment was not ratified by half of the states. It remains applicable to
multi-state cooperative societies and those within Union territories.
Basic Principles
Significance of cooperatives:
Benefit Details Examples
Access to Credit Credit cooperatives provide access NABARD provides loans to farmers
to credit and financial services for at lower interest rates compared to
rural communities, reducing private lenders.
dependence on moneylenders.
Encourage Operate on the principle of "one

Egalitarianism member, one vote," ensuring equal
and Openness participation in managing internal
affairs and equitable distribution of
surplus.
Better Prices for Marketing cooperatives help Amul empowers milk producers by
Produce farmers bypass middlemen and get ensuring fair prices for their milk.
better prices for their produce.
Providing Cooperatives provide essential IFFCO is a leading producer and

Essential Inputs inputs like seeds, fertilizers, and supplier of fertilizers to farmers.
equipment to farmers at reasonable
prices, streamlining the
agricultural supply chain.
Investment in Cooperatives invest in storage NAFED helps farmers store and sell
Storage Facilities facilities and processing units, their produce efficiently.
minimizing post-harvest losses and
adding value to agricultural
produce.
Creating Cooperatives create employment SEWA empowers women artisans
Employment opportunities and contribute to and provides them with a platform
Opportunities rural livelihoods. to sell their products.
Promoting Social Cooperatives promote social TRIFED helps tribal communities

Inclusion inclusion by integrating market their produce and
marginalized communities like handicrafts.
small farmers and women into the
economic mainstream.
Issues faced by Cooperatives

Challenge Details Examples
Excessive Government interference can stifle Imposed limitations on borrowing,

Government decision-making and innovation transactions with non-members,
Oversight within cooperatives. and investment of funds.
Regional Cooperatives in northeastern and Cooperatives in northeastern and

Imbalance and eastern regions lag behind those in eastern India lag behind in
Limited Scale western and southern parts. Small development.
size and single-purpose societies
constrain growth.
Lack of Inefficiencies and financial Mismanagement in some

Professional mismanagement due to lack of cooperatives, such as sugar
Management expertise , leading to bad debts. cooperatives in Maharashtra, has led
Skills to financial difficulties
Inadequate Struggle to access adequate capital Small farmers' cooperative unable to

Capital Access for growth and development, invest in modern storage facilities
especially in rural areas. due to lack of funds.
Low Member Disconnect between society's

Participation management and the needs of its
members due to low participation.
Competition Rise of private players poses Reliance Fresh, Big Basket threatens
from Private challenges for cooperatives, local cooperatives supplying fresh
Players especially if they struggle to adapt vegetables.
and innovate.
Limited Use of Hinders efficiency and outreach due Weavers' cooperative society
Technology to reliance on traditional methods. struggling to reach a wider customer
base without modern marketing
methods.
Disputes and Internal conflicts and prioritization

Frictions of personal gain over collective spirit.
Multi-State Co-operative Societies (Amendment) Bill, 2022
Provisions
Provision
Details
Co-operative Election Establishes the Co-operative Election Authority to conduct and

Authority supervise elections to the boards of multi-state co-operative societies.
Government Requires prior permission from government authorities before the

Permission for Share redemption of shareholding by central or state government.
Redemption
Rehabilitation, Establishes a fund for the revival of sick multi-state co-operative

Reconstruction and societies, financed by contributions from profitable societies.
Development Fund
Merger of State Allows state co-operative societies to merge into an existing

Co-operative Societies multi-state co-operative society, subject to state laws.
Redressal of Appoints Co-operative Ombudsman to address complaints from

Complaints members regarding deposits, benefits, or individual rights, with
appeals to the Central Registrar.
Applicability to MSCS Act applies to operational issues except for banking functions.
Cooperative Banks
Benefits
1. The 97th Constitution Amendment Act of 2011 required revisions to the MSCS Act following
the inclusion of Part IXB.
2. Enhanced Governance: Establishment of independent audit committees (Section 70A) to
oversee financial reporting and ensure accountability.
3. Facilitated Operations: Simplification of registration procedures for multi-state cooperative
societies, provision of clear guidelines for the conduct of elections and meetings, streamlining
decision-making processes.
4. Greater Digitization - The Bill facilitates electronic submission and issuance of documents,
thereby fostering a comprehensive digital ecosystem.
Issues
1. Sick multi-state co-operative societies will be revived by a Fund that will be financed through
contributions by profitable multi-state co-operative societies. This effectively imposes a cost
on well-functioning societies.
2. Giving the government the power to restrict redemption of its shareholding in multi-state
co-operative societies may go against the co-operative principles of autonomy and
independence.
Way forward
Professional Training Enhance management skills through specialized training programs.

Programs NCUI can collaborate with management institutes.
Review and Update The Multi-State Cooperative Societies Act, 2002, could be amended to
Laws incorporate provisions for promoting technological adoption.
Reduce Government Streamline approval processes for restructuring financially stressed

Interference cooperatives.
Facilitate Access to NABARD could launch special credit lines for rural cooperatives.
Credit
Debt Restructuring Establish a dedicated agency for debt repayment plans for distressed
and Loan Recovery cooperatives
Transparent Conflict Create internal grievance redressal committees with independent

Resolution members.
Mechanisms
Committee Primary Contributions
All India Rural Credit Recommended the establishment of a state partnership in

Survey Committee 1951 cooperative institutions, leading to the formation of the National
Cooperative Development Corporation (NCDC).
Committee on Cooperative Suggested measures for improving cooperative credit delivery

Credit (Vaikunth Mehta systems and introduced the concept of cooperative banks.
Committee) 1969
Task Force on Revival of Focused on the revival of short-term rural cooperative credit
Cooperative Credit structure, recommending financial restructuring and governance
Institutions (Vaidyanathan reforms.
Committee) 2004
High-Powered Committee Emphasized the need for professional management and member
on Cooperatives participation in cooperative societies.
(Chaudhary Brahm Prakash
Committee) 1990
The government has constituted a National level committee under the chairmanship of Shri
Suresh Prabhu, to formulate New Cooperative Policy to realize the vision of 'Sahakar se
Samriddhi'.
Right Against Self-Incrimination
1. It is a legal principle that protects individuals from being forced to testimony that could be
used to incriminate them in a criminal case. It means one can't be compelled to be a witness
against oneself.
2. "The right of silence is the cornerstone of liberty." - William O. Douglas, U.S. Supreme Court
Justice
3. Article 20(3)- “No person accused of any offense shall be compelled to be a witness against
himself.”
a. It applies to both oral and documentary evidence.
b. However, it has some restrictions. It does not protect a person from giving a thumb
impression, or blood sample, etc. It is not available in civil or administrative
proceedings.
c. Prohibition against self-incrimination could only be put into effect if the person is
accused of a criminal offence. Also, in Raja Narayanlal Bansilal case, the SC has
held that, to claim the immunity from being self-incriminated, there must exist a
formal accusation against the person and mere general inquiry and investigation
don’t form grounds for the same.
4. The Criminal Procedure (Identification) Act, 2022 allows collection of certain
identifiable information like Palm-print impressions, Iris and retina scans, Behavioral
attributes such as signature and handwriting, Other physical and biological samples such as
blood, semen, hair samples, and swabs etc from specified persons (such as convicts) for
investigation of crime.
5. The CrPC was amended in 2005 to allow the magistrate to order any person to give their
handwriting samples for the purpose of an investigation or proceeding.
Need for right against self-incrimination

Need for Right Details
Against
Self-Incrimination
Preventing Coerced It prevents coerced confessions from being used as evidence, protecting
Confessions the innocent from false accusations.
Ensuring Fairness in Allows individuals to remain silent and avoid unknowingly

Investigations jeopardizing their case, ensuring fairness in investigations.
Preventing Excessive It prevents police from using excessive force in investigations, which
Force could pressure suspects into revealing information that helps build a
case, even if evidence is weak.
Ensuring Due It is part of the larger concept of due process, which ensures everyone
Process is treated fairly within the legal system.
Protecting Privacy Recognizes that individuals have a right to privacy and control over
and Information their own information. They shouldn't be forced to disclose
Control information that could be used against them.
Arguments Against the Right Against Self-Incrimination

Argument Details
Hindering A suspect with crucial information about a crime may refuse to answer
Investigations questions, hindering the investigation and delaying justice for victims.
Difficulty in Building A criminal mastermind might use the right to remain silent, making it
Cases difficult to gather evidence and build a strong case against them.
Increased Burden on Places a heavier burden on prosecutors to gather evidence

Prosecutors independently, requiring more resources and potentially letting some
crimes go unsolved.
Less Relevant in In complex crimes with technological evidence, the right to remain
Technological silent might be less relevant, and other forms of investigation become
Crimes crucial.
SC Judgments
Case Details
Nandini Satpathy The Supreme Court held that the right against self-incrimination is a
vs. P.L. Dani (1978) fundamental right under Article 20(3) of the Indian Constitution.
Kathi Kalu Oghad The court held that giving palm impressions or footprints is permissible,
(1962) but compulsory extraction of an oral or written statement violates Article
20(3).
Ritesh Sinha v. The Supreme Court held that handwriting samples could include voice
State of UP samples.
Ram Singh vs. Addressed the issue of the admissibility of statements made during a
Union of India narco-analysis test. The SC reiterated that compelling an accused to
(2013) undergo such tests violates the right against self-incrimination.
Way forward
1. Ensuring clear and consistent communication of Miranda rights during an arrest can help
suspects understand their right to remain silent.
2. Utilizing plea bargains or pre-trial diversion programs can incentivize cooperation from
suspects without compromising their right to remain silent at trial.
3. Investing in advancements like better forensic techniques and data analysis can help gather
stronger evidence independent of confessions.
Preventive Detention
It refers to detaining individuals by authorities without trial or formal charges, to prevent them from
engaging in activities perceived as harmful to public order, security, or safety.
Its aim is not to punish an individual for a previous offense but to deter them from committing a
potential offense in the near future.
Constitutional Provisions
Provision/Significan Details
ce
Article 22(4) Provides for the detention of a person, the period of detention, and the
Advisory Board to determine the period of detention.
Article 22(5) Requires authorities to communicate the grounds of arrest to the

detainee.
Article 22(6) Allows authorities to withhold facts considered to be against public

interest from the detainee.
Article 22(7) Parliament can legislate on the period of detention, circumstances of

detention, class of cases to be detained for more than 3 months, and
procedures of the Advisory Board.
44th Amendment Reduced the duration of detention without the advisory board's
Act of 1978 opinion from three months to two, though it has not been
implemented.
Grounds for Preventive detention can be based on security of the state, maintenance
Preventive of public order, essential services, defense, and foreign affairs with the
Detention security of India.
Legal Provisions
Both the Parliament and state legislatures have the authority to enact laws on preventive
detention simultaneously, concerning matters related to state security, public order maintenance, and
the preservation of essential community supplies and services.
The COFEPOSA Act, 1974 Introduced preventive detention measures to

uphold and enhance foreign exchange reserves,
as well as to discourage illicit trading practices.
The National Security Act, 1980 Allows for administrative detention for a
maximum duration of one year.
TADA (Terrorist and Disruptive Activities It establish that preventive detention is deemed
(Prevention) Act), 1985 necessary to deter and effectively combat
terrorism and violent acts, based on past
experiences
Difference between Preventive and Punitive detention

Preventive detention Punitive detention
It occurs when an individual is detained by the It refers to detention as a penalty for a criminal
police solely on the suspicion that they may offense. It occurs following the commission of an
engage in criminal activity or pose a threat to offense or an attempt to commit a crime.
society.
It is without trial and conviction by the court. It is done after trial and conviction by the court.
It aims to prevent a person from committing a It aims to punish a person for the crime
crime in the future. committed by him.
It's a precautionary measure based on suspicion. It is a punitive and deterrent measure based the
actual commitment of crime.
A detainee is deprived of various rights like the All rights are available to the detainee.
right of personal liberty, the right to be produced
before a magistrate within 24 hrs of arrest, right
to be released after 24 hrs unless magistrate
allows further detention.
Need
Significance Details Examples
Countering Prevents terrorism, espionage, and Preventive detention under

National insurgency by detaining individuals under UAPA.
Security Threats laws like UAPA.
Risk of Public Prevents unrest during civil disturbances, Detention of separatist leaders
Disorder communal tensions, or political instability. after abrogation of Article 370.
Preventing Disrupts criminal enterprises by detaining MCOCA provisions.

Organized key individuals involved in drug
Crime trafficking, extortion, and organized
violence.
Protecting Safeguards witnesses and informants from

Witnesses and retaliation, ensuring integrity in criminal
Informants investigations and prosecutions.
Preventing Ensures individuals awaiting trial or Detaining individuals awaiting
Flight of deportation remain available for legal trial.
Offenders proceedings by preventing them from
absconding.
Deterring Prevents habitual offenders from In 2020, Uttar Pradesh police

Repeat committing further crimes by detaining detained repeat offenders under
Offenders them preemptively. the Goondas Act
Maintaining Detention during large public gatherings During the 2020 Delhi riots,
Public Order to prevent riots. preventive detention was used
to maintain order
Disrupting Detention of suspected terrorists before In 2021, NIA detained suspected

Terrorist major events. ISIS operatives planning attacks
Networks in Kerala
Responding to Allows authorities to act on intelligence In 2019, intelligence led to the

Intelligence reports swiftly to prevent imminent detention of suspected Maoists
threats without waiting for formal charges. in Chhattisgarh
Issues
1. Preventive detention can infringe upon the civil liberties of individuals by depriving them
of their freedom without due process or formal charges. Eg. detaining individuals based solely
on suspicion without concrete evidence may violate their right to liberty and presumption
of innocence.
2. The failure to provide clear and justifiable grounds for detention or any undue delay in
doing so, undermines the legal foundation of preventive detention and erodes public
confidence in its application.
3. The application of preventive detention laws to trivial matters deviates from their
intended use, resulting in a disproportionate and unjust legal system. Eg. the Use of
UAPA,1967 has been widely criticized due to poor conviction rate
4. There is a risk of preventive detention being misused by authorities for political purposes
or to suppress dissent. Eg. governments may use preventive detention to silence political
opponents or activists critical of their policies, as seen in authoritarian regimes.
5. Preventive detention lack sufficient judicial oversight, leading to prolonged detention
without adequate review resulting in individuals being held in custody for extended periods
without the opportunity to challenge the legality of their detention in court.
6. The executive's constant disregard for procedural safeguards renders preventive
detention ineffective. While technical flaws lead to overturned detentions, the relief comes far
too late for detainees who have already lost months of freedom.
SC Judgments
Judgment Details
A.K. Gopalan vs This case upheld the constitutionality of preventive detention under
State of Madras the Preventive Detention Act, 1950, stating that Article 21's due
(1950) process clause does not apply to preventive detention laws.
ADM Jabalpur Commonly known as the Habeas Corpus case, where the majority
vs Shivkant ruled that during an emergency, the right to life and personal liberty
Shukla (1976) can be suspended, and no person can challenge their detention in
court.
Kartar Singh vs Upheld the validity of the Terrorist and Disruptive Activities
State of Punjab (Prevention) Act (TADA) but stressed the need for procedural
(1994) safeguards to prevent misuse.
PUCL vs Union The court struck down Section 9 of the Prevention of Terrorism Act
of India (2003) (POTA), which allowed for preventive detention, stating that it violated
Article 21.
State of The Supreme Court upheld the legality of preventive detention under
Maharashtra vs the Maharashtra Prevention of Dangerous Activities of Slumlords,
Bhaurao Bootleggers, Drug Offenders, and Dangerous Persons Act, 1981,
Punjabrao provided it follows due process.
Gawande
(2008)
Arup Bhuyan vs The Supreme Court held that mere membership in a banned
State of Assam organization is not sufficient ground for preventive detention unless
(2011) there is incitement to violence.
Way Forward
1. The National Commission to review the working of the constitution recommended
fixing a maximum period for detention of 6 months. It also recommended that members of the
Advisory Board should be serving HC judges.
2. The SC in judgment in 2022 presented a view that it is an exceptional power of the state and
as it affects the liberty of an individual, it should be used sparingly.
3. To safeguard individual liberty, preventive detention procedures must be followed
meticulously, with any misstep automatically benefiting the detainee.
4. To safeguard individual liberty, preventive detention should be reserved for the most
exceptional circumstances involving grave threats to public order, necessitating a
thorough legal review.
5. Increase transparency and accountability in the use of preventive detention by requiring
authorities to publicly justify each case of detention and provide regular reports on the number
of individuals detained, the reasons for detention, and the duration of detention.
Freedom Against Exploitation
Article Details Reasonable Restrictions
Article Prohibits traffic in human Article 23(2) Allows the state to impose
23(1) beings, begar (forced labor), compulsory service for public purposes, such as
and other similar forms of conscription or community service, without any
forced labor. discrimination on grounds only of religion, race,
caste, or class or any of them.
Article Prohibits the employment of

24 children below the age of 14
years in any factory, mine, or
other hazardous
employment.
Scheduled Castes and the Scheduled Tribes (Prevention of

Atrocities) Act,1989
1. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, is aimed
at preventing violence and discrimination against marginalized communities.
2. The act finds its basis in Article 15 (prohibits discrimination based on caste) and Article 17
(abolishes the practice of untouchability)
3. NCRB Report - 57,582 cases registered for committing crimes against Scheduled Castes
(SCs) in 2022 - an increase of 13.1% over 2021 (50,900 cases). While a total of 10,064 cases
were registered for committing crimes against Scheduled Tribes (STs), showing an increase
of 14.3% over 2021 (8,802 cases)
Key provisions of the act:

Specific Details Significance
Provisions
Section 3(1) Specifies offenses punishable under the Recognition of Human

Act, such as forcing a member of SC/ST Dignity
to drink or eat inedible substances,
wrongful occupation of land, or
malicious prosecution.
Section 4 Punishes public servants for willful Accountability

neglect of duties required under the Act.
Section 14 Mandates the establishment of Special Speedy Justice

Courts to try offenses under the Act and
appoints exclusive Special Public
Prosecutors to conduct cases in these
courts.
Section 15A Provides rights to victims and Legal Aid
witnesses, including protection,
assistance, and access to information
about their case.
Section 21 Directs the government to take Social Justice

measures for effective implementation,
including periodic surveys, publication
of measures taken, and identification of
atrocity-prone areas.
Relief and Ensures provision of immediate relief in Immediate financial

Rehabilitation cash or kind, including medical assistance and medical care for
expenses, legal aid, and employment victims.
opportunities to victims and their
families.
Mandatory FIR Mandates police officers to register an Deterrence

Registration FIR upon receiving a complaint of an
offense under the Act without any
preliminary inquiry.
Compensation Provides compensation and monetary Rehabilitation and

and Monetary relief to victims based on the severity of Compensation
Relief the offense.
Appointment of Requires the appointment of nodal Monitoring and

Nodal Officers officers at the state and district levels to Accountability
coordinate implementation and
monitoring of the Act.
The SC/ST Prevention of Atrocities (Amendment) Act, 2015

1. It expanded the scope by including acts like assault, grievous hurt, or criminal intimidation
will be treated more seriously if committed against members of these communities.
2. Defines specific actions as offenses, including intentionally touching an SC/ST woman
sexually without consent, using sexual gestures, or dedicating an SC/ST woman as a
devadasi.
3. Provision for the establishment of exclusive special courts and special public prosecutors
to try offenses
4. The definition of "public servant" is broadened to include anyone acting in an official
capacity under the Central or State Government.
5. Defined the term ‘wilful negligence’ in the context of public servants at all levels, starting
from the registration of the complaint to dereliction of duty under this Act.
In The Dr. S K Mahajan vs. the State of Maharashtra judgment, 2018, SC provided
guidelines to prevent misuse of the act.
1. Anticipatory bail can be granted if there's no prima facie case or the complaint appears
frivolous after judicial scrutiny.
2. In the case of public servants, arrest requires approval from the appointing authority,
and for non-public servants, approval from the Senior Superintendent of Police (SSP) is
mandated.
3. It provided for preliminary inquiry in all cases before filing an FIR.
The government amended the act to refine and streamline the implementation after changes made
by the SC judgment.
1. Section 18A: It eliminates the mandatory requirement for a preliminary inquiry before
registering an FIR (First Information Report) for alleged offenses against SC/STs. It also
removes the need for approval for arrest from a senior police officer in such cases.
2. It removed the applicability of Section 438 of CrPC, which allows anticipatory bail, for cases
registered under the SC/ST Act.
In the Prathvi Raj Chauhan case, 2020, the SC upheld the validity of section 18A with a caveat
that pre-arrest bail or anticipatory bail can only be given in extraordinary cases.
Issues with the Act:

Issue Details
False leading to harassment of the accused and diluting the seriousness of

Allegations genuine cases. Eg- A 2018 case in Gujarat involved a tribal man falsely
accusing upper caste members to settle a personal dispute.
Court Delays Overburdened courts lead to delays, discouraging victims and

emboldening perpetrators. Proving intent beyond caste is difficult,
resulting in low conviction rates.
Social SC/ST victims often face social pressure to withdraw cases or refrain
Pressure on from filing them due to living in close-knit communities.
Victims
Lack of Lack of awareness about the Act's provisions among both SC/ST
Awareness communities and law enforcement officials.
Inadequate Designated Special Courts lack the proper infrastructure or trained

Infrastructure personnel to handle these cases efficiently.
of Special
Courts
Increase in In 2022, there were 57,582 cases of crimes against SCs, a 13.1% increase
Crimes from 2021, and 10,064 cases against STs, a 14.3% increase.
Against
SC/STs
Misuse Conviction rates for crimes against SCs and STs remain low, with an
Leading to average of 28.8% for SCs and 25.2% for STs from 2007-2016.
Low
Conviction
Rates
Community Persistent exclusion and segregation of SC/ST communities in social and

Exclusion and economic spheres.
Segregation
Reasons for Rise of Crimes against Dalits and Tribals

Issue Details Examples
Caste-based The caste system perpetuates a hierarchical In 2021, a Dalit groom
Discrimination social order resulting in social exclusion, in Uttar Pradesh's
marginalization, and denial of basic rights Jaunpur district was
and opportunities. forced to wear a helmet
and carry a rope
instead of a wedding
turban and sword due
to his lower-caste
status.
Land Disputes Conflicts over land ownership, land grabbing The Niyamgiri Hills
by dominant caste groups or industries, and dispute in Odisha
inadequate implementation of land reforms
Economic Exploitative economic practices, such as Instances of bonded

Exploitation bonded labor, wage discrimination, and labor in granite
unfair working conditions. quarries
Social Exclusion in various spheres of life, including

education, employment, housing, and public
spaces. Discriminatory practices, such as
untouchability and caste-based segregation.
Ineffective Weak enforcement mechanisms, corruption, In 2021, NCRB

Implementation of and institutional bias often result in reported significant
Laws impunity for perpetrators of atrocities. underreporting of cases
under the Scheduled
Castes and the
Scheduled Tribes
(Prevention of
Atrocities) Act.
Cultural and Traditional beliefs, superstitions, and Cow vigilantism

Religious Factors religious practices that dehumanize or
stigmatize marginalized groups contribute to
the normalization of violence and
discrimination.
SC Judgments
Case Details
Lalitha Kumari Sets guidelines for investigating offenses under the Act, emphasizing
vs State of UP the importance of collecting proper evidence and protecting victim
(2011) identity.
Dr. S K Mahajan Laid down guidelines to prevent the misuse of the Act, requiring a
v. The State of preliminary inquiry before the arrest of a public servant and approval
Maharashtra from the appointing authority.
(2018)
Manoj Kumar Clarifies that automatic arrest under the Act doesn't apply in all cases
Soni vs State of and requires reasonable suspicion of the offense.
Madhya Pradesh
(2022)
State of Directed state governments to expedite the process of providing
Rajasthan v. monetary relief to victims and their families as mandated by the Act.
Union of India
(2021)
Way forward
a. Establish special courts to handle complaints of misuse of the Act. This would provide
a quicker resolution for falsely accused individuals and deter frivolous complaints. Also,
increase the penalties for proven false complaints to discourage misuse.
b. Form dedicated SITs with well-trained officers to investigate cases under the Act to ensure
faster and more efficient investigations.
c. An established Standard Operating Procedure (SoP) is essential for case filing and
investigation to ensure clarity and consistency, minimizing any ambiguity or uncertainty
among investigators regarding the prescribed protocol. Eg. The MoHA releases advisories
emphasizing sensitive investigation and speedy trials in SC/ST Act cases
d. Mandate regular sensitization training for police officers on the Act and handling
caste-related crimes. This can help overcome potential biases and ensure sensitive
investigations.
e. Organize workshops and awareness campaigns with the help of NGOs in villages and
tribal areas to educate communities about the Act and the legal recourse available.
f. Provide witness protection schemes and confidential reporting mechanisms to
empower victims to come forward and report crimes without fear.
Child Labour
As per ILO, child labour is defined as work that deprives children of their childhood, their potential,
and their dignity, and that is harmful to physical and mental development.
Under the Child and Adolescent Labour (Prohibition and Regulation) Act 1986, a ‘child’ means a
person who has not completed their 14th year of age.
The Right of Children to Free and Compulsory Education Act 2009 defines a ‘child’ as a male or
female aged six to 14 years.
The Minimum Wages Act, 1948, classes a ‘child’ as a person who has not completed their 14th year of
age.
The Juvenile Justice (Care and Protection of Children) Act 2015, defines a ‘child’ as a person who has
not completed 18 years of age.
Data on child labour

Details Information
Number of child labourers - 2011 Census 10.1 million children working as 'main worker' or
'marginal worker'
Children not in education - 2011 Census More than 42.7 million
Projected number of child labourers in 7.8 million

2023 - Kailash Satyarthi Foundation
report
Gender ratio of child labourers in 2023 - 57% male, 43% female

Kailash Satyarthi Foundation report
Increase in children in the brick-making Two-fold increase

industry post-COVID-19 - International
Labour Organization (ILO)
Major states employing child labour Uttar Pradesh, Bihar, Rajasthan, Madhya Pradesh,
Maharashtra
Causes of child labour

Driver Details
Poverty A 2018 CRY report found that 80% of child labourers in India come from
poor families where the monthly income is less than ₹5000.
Limited Access to A report by the National Sample Survey Organisation (NSSO) found that
Education over 36% of child labourers (aged 5-14) had never attended school.
Weak The ILO report acknowledges India's legal framework against child labour,
Implementation but emphasizes the need for stronger enforcement mechanisms.
of Laws
Cultural A study by Save the Children mentions instances where child labour is seen
Acceptance as a way to inculcate work ethic in children from a young age.
Industry Demand Certain industries may prioritize low-cost labour, creating a market for
for Cheap Labour child workers. Eg- garment industry
Informal The informal nature of the economy and illegal activities make it difficult to
Economy deal with child labour. Eg- Rat hole mining in Meghalaya
Constitutional provisions related to child labour

Article Details and Examples
Article 23 Prohibits human trafficking and forced labour.
Article 24 Prohibits the employment of children below 14 years of age in factories, mines, or
any other hazardous employment.
Article This Directive Principle of State Policy (DPSP) outlines the state's responsibility to
39(e) & ensure the protection of children and youth from exploitation and abandonment,
(f) and that the health and strength of workers, including children, are not abused.
Government initiatives
Act/Policy/Initiative Details and Examples
Child Labour Prohibits child labour in hazardous occupations and regulates
(Prohibition and working conditions in others. The 2016 Amendment banned child
Regulation) Act, 1986 labour below 14 years old.
Right to Education Act, Guarantees free and compulsory education to all children aged
2009 6-14, aiming to reduce child labour by keeping children in school.
National Policy on Child Emphasizes three pillars: Legal Action Plan, General Development
Labour (1987) Programmes, and Project-Based Plan of Action.
National Child Labour Provided financial assistance for the rehabilitation of children
Project (NCLP) Scheme working in hazardous occupations. Merged with Samagara Shiksha
(1988) Abhiyan (SSA) Scheme in 2021.
Bal Shramik Vidya Scholarship program providing financial incentives for children
Yojana (BSVY) rescued from child labour to complete their education.
PENCIL Portal Online portal for rescuing and rehabilitating victims of child
labour.
Special Task Force on Task force by the Ministry of Labour and Employment to
Child Labour coordinate efforts across various departments to tackle child
labour.
ILO Convention 138 & India has ratified these conventions, focusing on minimum age for
182 employment and the worst forms of child labour.
Way forward
National Commission for recommended increase in the upper age-limit from 14
Protection of Child rights (NCPCR) to 18 for ban on child labour.
Standing Committee on Labour, a. Housing Ministry should ensure that existing

Textiles and Skill Development legal benefits reach construction workers so
that their children are not forced to work. The
Labour and Home Affairs Ministries should
check the functioning of placement agencies,
which typically traffick children to employ them
in domestic labour.
b. Penalising police officers for not registering
FIRs, similar to the Protection of Children from
Sexual Offences Act, 2012.
c. Increasing the financial assistance to
anganwadis/shelters in line with inflation, and
the number of shelters and anganwadis, as per
requirements.
Credit avability Providing small loans to families can help them

establish income-generating activities, reducing
dependence on child labour. Eg. The Self-Employed
Women's Association (SEWA) in Gujarat offers
micro-loans and skills training to women, enabling
them to start small businesses and keep children in
school.
Education Reforms Strengthening public education system by
improving infrastructure, teacher training, and
curriculum and providing scholarships and free
learning materials to reduce financial barriers to
education for underprivileged children.
Civil Society organisation Work with community leaders, NGOs, and religious
figures to challenge traditional beliefs and promote the
importance of education. Eg. Childline India works
with communities to raise awareness and prevent child
labour
SC Judgments
Case Details
People's Union for The SC addressed the issue of child labor in various industries,
Democratic Rights v. including brick kilns, bidi-making, and carpet weaving.
Union of India (1982)
M.C. Mehta vs State Of Ordered a nationwide survey to identify working children, directed
Tamil Nadu And their withdrawal from hazardous industries, and mandated education
Others (1996) for rescued children. Emphasized the state's responsibility to
eliminate child labor.
Bachpan Bachao The Supreme Court issued guidelines to prevent and eliminate child
Andolan vs Union Of labor, emphasizing the importance of rehabilitation and social
India & Ors (2011) integration of rescued child laborers.
Freedom of Religion
Here is a summary of the rights under Articles 25, 26, 27, and 28 of the Indian Constitution and the
reasonable restrictions on each provision, with specific examples where applicable:
Article Details Reasonable Restrictions
Article All persons are equally entitled to Subject to public order, morality, health,
25(1) freedom of conscience and the right to and other provisions of Part III of the
freely profess, practice, and propagate Constitution. The state can regulate or
religion. restrict any economic, financial, political,
or other secular activity associated with
religious practice.
Article Allows the state to make laws regulating The state can ensure social welfare and
25(2) or restricting any economic, financial, reform or open Hindu religious
political, or other secular activities institutions to all classes and sections of
associated with religious practices. Hindus.
Article Every religious denomination or any Subject to public order, morality, and
26 section thereof has the right to establish health.
and maintain institutions for religious
and charitable purposes, manage its own
affairs in matters of religion, own and
acquire movable and immovable property,
and administer such property in
accordance with law.
Article No person shall be compelled to pay any

27 taxes, the proceeds of which are
specifically appropriated in payment of
expenses for the promotion or
maintenance of any particular religion or
religious denomination.
Article No religious instruction shall be provided

28(1) in any educational institution wholly
maintained out of state funds.
Article Religious instruction is allowed in

28(2) educational institutions recognized by the
state or receiving aid from the state, but
attendance at such religious instruction or
worship is voluntary.
Article Educational institutions administered by

28(3) religious groups can provide religious
instruction, but no student can be
compelled to attend without the consent
of the guardian.
State Regulation of Temples
Constitutional provisions
1. Article 25(2)(a): empowers the state to regulate economic, financial, political or other
secular activities which may be associated with religious practice.
2. Article 25(2)(b): empower the state to provide for social welfare and reform or the throwing
open of Hindu religious institutions of a public character to all classes and sections of Hindus.
Need for state regulation of temples

1. Without oversight, temple funds, and property can be misused by corrupt officials or
hereditary trustees. In 1960, Dr C P R Aiyar Commission suggested that government
control over temples was essential to prevent maladministration.
2. Historically, some temples practiced exclusion based on caste or gender. State regulation can
promote inclusivity and ensure all citizens have equal access to temples, as enshrined in
the Constitution.
3. It can promote social reforms in the religious sphere by eradicating discriminatory practices
and upholding constitutional values of equality, liberty, etc. Eg. In Kerala, Tamilnadu state has
appointed woman odhuvar (singer of hymns) and persons from backward classes as archakas
(priests).
4. State regulation can help in conservation and maintenance of ancient monuments with
historical and artistic significance through the Archaeological Survey of India (ASI).
5. Regulations can promote transparency in temple administration. Devotees have a right to
know how temple funds are being used and ensure their offerings are being directed towards
religious activities.
Issues with state regulation of temples

Criticism Details
Opaque Government bodies overseeing temples can become opaque, with bureaucracy
Government and red tape slowing down decision-making and obscuring the flow of funds.
Bodies
Allegations of inefficiency and corruption within government-appointed temple
management committees in states like Tamil Nadu .
Restriction of Strict regulations restrict traditional practices or rituals considered essential by

Traditional some devotees, seen as an intrusion into religious matters.
Practices
Violation of Article 25(2)(a) and Article 25(2)(b) protections are occasionally exploited by the
Secularism state to control properties owned by religious institutions.
Comparison with Comparing control over Hindu religious endowments with the Waqf Act is
Waqf Act deceptive, as the Waqf Act applies solely to charitable purposes and explicitly
excludes places of worship.
Encroachment on In the Shirur Mutt case, the Supreme Court invalidated a significant portion of
Religious the Hindu Religious and Charitable Endowments Act of 1951, stating that the
Freedom provisions represent a severe encroachment on religious freedom. It emphasized
the need to protect religious autonomy from excessive state interference.
Cultural and State regulations might struggle to accommodate the vast cultural and religious
Regional variations across different regions of India, with a "one-size-fits-all" approach
Variations being unsuitable for all temples.
SC Judgments
Case Details
Shirur Mutt case (1954) Established the principle that religious institutions have the right to
manage their own affairs, but the state can enact reasonable
regulations to ensure proper administration.
Sri Adi Visheshwara of Upheld the right of the government to acquire land belonging to
Varanasi Temple case temples for public purposes, but only with proper compensation and
(1997) due process.
T.T. Devasthanam Board vs. Ruled that the state cannot interfere with the essential religious
K.A. Shankaran practices of a temple, but it can regulate procedures for religious
Namboodhiri (1995) appointments.
Guruswamy Muthu Declared hereditary rights in temple management as invalid, paving

Adigalar vs. State of Tamil the way for a more democratic and transparent selection process for
Nadu (2014) temple trustees.
Chitai Golu Devta Temple Clarified that state-constituted committees can manage non-religious
case (2022) aspects of a temple, while religious practices remain under the
temple's authority.
Way forward
Online to disclose their income, expenditure, and ongoing projects, fostering

Transparency transparency for devotees.
Platforms
Regular by independent bodies to ensure proper accounting and prevent misuse of

Independent funds.
Audits
Temple Advisory with representation from local communities and religious authorities to
Committees advise on management decisions while respecting traditions. Eg- Temple
management committee in Tuljapur temple, Maharashtra.
Heritage These plans should balance preservation needs with the continuation of living
Management traditions.
Plans
Anti-Conversion Laws
Anti-conversion laws are the legislations that restrict or prohibit individuals from converting
from one religion to another. In India, more than 10 states have anti-conversion laws.
Article 25: Freedom of Conscience and Free Profession, Practice and Propagation of Religion.
However, government can regulate religious activities if they disrupt public order, violate moral
principles, or pose a health risk.
Need for Anti-conversion Laws

Justification Details
Preventing These laws aim to prevent physical and mental coercion for religious
Forceful conversions.
Conversions
In Yulitha Hyde v. the State of Odisha, the Odisha HC recognized the need to
prevent forceful conversions.
Regulation by Religious conversion is not a fundamental right under Article 25 and can be
the State regulated by the state.
In Rev. Stanislaus vs State of Madhya Pradesh (1977), the SC upheld the state's
authority to regulate conversions.
Maintaining These laws are seen as a way to maintain social stability by preventing rapid
Social Cohesion religious changes that could lead to tensions.
Upholding Necessary to uphold the secular traditions of the country by preventing

Secular forceful conversions that impact the religious composition of the population.
Traditions
Preventing Reports of individuals being coerced into converting to another religion after
Fraudulent marriage have sparked the need for anti-conversion laws.
Marriages
Protecting These laws aim to protect vulnerable communities like tribals from
Vulnerable exploitation and coercion.
Communities
Ensuring Legal provisions require individuals to declare their intention to convert

Informed before a magistrate.
Consent
Preventing These laws prevent foreign-funded NGOs from converting people through
Foreign financial aid.
Influence
Balancing Ensures a balance between the right to religious freedom and other
Fundamental fundamental rights like the right to equality and non-discrimination.
Rights
Issues with Anti-conversion laws

Criticism Details
Restriction on These laws restrict an individual's right to choose their faith, a fundamental
Individual Rights right guaranteed by the Indian Constitution. Eg- love jihad accusations
Misuse Against Critics argue these laws are often misused to harass religious minorities.
Religious Accusations of forced conversions can be used to intimidate them.
Minorities
Unclear The laws are criticized for having unclear definitions of "forceful conversion"
Definitions or "allurement," allowing for misuse and targeting interfaith marriages or
social service initiatives.
Discouragement In 2020, a Christian NGO in Jharkhand faced accusations of forced

of Social Services conversions while providing medical aid to a tribal community, leading to
withdrawal of services .
Violation of These laws can require individuals to report conversions, violating their right
Privacy to privacy and freedom of conscience.
Impact on Women, particularly from minority communities, can be disproportionately

Women's Rights targeted, facing increased scrutiny and restrictions on their personal choices.
Burden on The vague nature of these laws leads to numerous legal challenges,
Judiciary overburdening the judiciary with cases that are often difficult to prove.
International Reports from Human Rights Watch and USCIRF criticizing India's
Criticism anti-conversion laws.
Economic Fear of legal repercussions may deter international NGOs and religious
Impact organizations from operating in India, affecting aid and development
projects.
Hindrance to Instead of promoting social harmony, these laws can increase tensions and
Social Harmony mistrust between different religious communities.
SC Judgments
Case Details
S. Pushpabai vs. The SC affirmed that individuals have the right to convert to another religion,
C.T. Selvaraj provided the conversion is genuine and voluntary.
Sarla Mudgal v. The SC laid down specific guidelines against the conversion of religion to
Union of India obtain a license to commit bigamy.
Lata Singh vs. The SC upheld the right of individuals to marry a person of their choice,
State Of U.P. & irrespective of religion, caste, or social status. It declared any interference in
Another this right by the state or others as a violation of the freedom of choice.
Hadiya vs. The SC affirmed that adults have the right to marry and convert to another
Ashokan K.M. religion of their choice. It emphasized that the state should not interfere with
an individual’s freedom to marry and convert.
Way forward
Clearly Define Terms Clearly define terms like "forceful conversion" and "allurement" in the
law to reduce ambiguity and prevent accusations based on personal
biases.
Model Law for As conversions fall under the state list, the Centre can bring a model law
Uniformity for states to emulate, ensuring uniformity in handling conversions.
Independent To reduce false cases and misuse, shift the burden of proof from the
Investigation Bodies accused to the accuser.
Public Awareness Promote public awareness campaigns that differentiate between forced
Campaigns conversion and free choice.
Encourage Interfaith to foster tolerance and reduce anxieties about conversions.

Dialogue
Essential Religious Practices
Essential Religious Practices (ERPs) refer to rituals, customs, or beliefs that are considered
fundamental and core to a particular religion. These practices are so vital that their absence
would fundamentally change the religion itself.
The SC devised the doctrine of essentiality in the Shirur Mutt case (1954). Also, the court
assumed the authority to define what constitutes essential practices within a religion.
Need for ERP

Justification Details Examples
Balancing ERPs help courts balance A religious group practices animal

Religious religious practices with other sacrifice; the ERP test weighs this
Freedom and laws or public order. against animal welfare laws.
Public Order
Safeguarding ERPs protect practices central The Hijab wearing case in Kerala
Core Religious to a religion's identity,
Practices preventing the religion from
being compromised.
Ensuring Balance ERPs help balance fundamental In the Sabarimala case, the Court
Between rights, ensuring no right is balanced the right to equality with
Fundamental disproportionately affected. the right to freedom of religion.
Rights
Checking ERPs act as a check on the

Government government's power to regulate
Power religious practices, preventing
unfair targeting of specific
religions.
Promoting ERPs help ensure the rule of Striking down Section 377 to
Constitutional law, promoting constitutional decriminalize homosexuality
Morality morality over religious
morality.
Preventing ERPs prevent discrimination Protection of the ritual practices of

Discrimination against religious minorities by tribal communities
protecting their unique
practices.
Preserving ERPs preserve the diverse Recognizing the right of Sikhs to

Religious religious fabric of the country carry a kirpan as an essential
Diversity by acknowledging and practice.
protecting different practices.
Preventing Social Proper recognition of ERPs can Addressing the practice of Jallikattu
Tensions prevent social tensions and in Tamil Nadu by balancing animal
conflicts related to religious rights and cultural traditions.
practices.
Issues with ERP
Challenge Details Examples
Lack of Clear No clear-cut definition of what Varied judgments in

Definition constitutes an ERP; courts rely on Sabarimala Temple Entry case
religious texts, expert testimony, and (2018) and Hijab case (2016).
historical practices, which can be
subjective and prone to bias.
Judicial The essentiality/integrality doctrine Critics argue the Sabarimala

Overreach grants judges the authority to judgment was judicial
adjudicate religious matters, pushing overreach into religious
courts into realms outside their matters.
expertise.
Religious Religions are not monolithic; there are Differences in Hindu worship
Diversity significant variations in practices practices across regions;
within a single faith. The ERP test variations in Islamic practices
might impose a singular definition of among different sects.
essential practices.
Marginalization The focus on established or dominant Tribal rituals involving animal

of Minority practices within a religion could sacrifice in Jharkhand not
Practices marginalize the beliefs and practices of recognized as ERPs under
minority groups within that faith. Hinduism.
Lack of Determining essential religious Use of scriptures in the

Standardized practices lacks a standardized Sabarimala case vs. reliance on
Criteria criterion; courts have variedly looked follower behavior in the Hijab
to religious texts, follower behavior, case.
and historical origins.
Potential The ERP test, if not applied carefully, Female genital mutilation in
Justification of could be used to justify practices that the Dawoodi Bohra community
Harmful Practices violate human rights. presented as an ERP in India.
SC Judgments
Case Details
Sinathamby vs. State of Madras The court ruled that while untouchability was not an essential
(1963) religious practice, separate enclosures within temples could be
considered an ERP. This was later overruled in subsequent
judgments promoting equality within religious spaces.
Commissioner, H.R.E. Board v. The court ruled that the right to manage a religious institution
Swami included the right to perform its essential practices.
Lakshmindrathaswamiar (1964)
Amna Bint Basheer v Central The Kerala High Court held that wearing a hijab constitutes an
Board of Secondary Education essential religious practice but did not quash the dress code
(2016) prescribed by CBSE.
Sabarimala Temple Entry Case The court acknowledged the temple's right to manage its
(2018) affairs but ruled that the practice of excluding women was
discriminatory and not an essential part of the religion.
Way forward
Clear and Objective Develop guidelines within legal frameworks to help courts assess claims
Guidelines of essentiality, considering historical practices, religious texts, and
expert consultations.
Diverse Expert Panels Ensure expert panels advising courts include representatives from
diverse sects and schools of thought within a religion, promoting a
holistic understanding of practices.
Critical Examination of While respecting religious freedom, courts should critically examine
Harmful Practices claims of essentiality for practices that violate fundamental rights or
human dignity, like Female Genital Mutilation.
Places of Worship Act, 1991
1. It is aimed at maintaining the religious character of places of worship as they were on
August 15, 1947. The Ram Janmabhoomi-Babri Masjid dispute was exempted from the Act.
Key provisions
Section Details
Section 3 Freezes the status quo of religious places of worship as it existed on August 15,
1947, prohibiting any alterations to their religious character.
Section 5 Excludes the Ram Janma Bhumi Babri Masjid dispute from its application and
provides exemptions for:
Places designated as ancient and historical monuments under the Ancient

Monuments and Archaeological Sites and Remains Act, 1958
Lawsuits conclusively resolved or disposed of
Disputes settled by mutual agreement or conversions through acquiescence before

the Act's commencement
Section 6 Stipulates a penalty of imprisonment for up to three years along with a fine for any
violation of its provisions.
Issues with the Act

Criticism Details
Against The central government lacks authority to enact legislation on "pilgrimages"

Federalism or "burial grounds," as these fall within the state list.
Undermines Critics argue it undermines India's secular character by privileging the

Secularism status quo of religious places as of a specific date.
Contravenes Violates "ubi jus ibi remedium" (where there is a right, there is a remedy),
Legal Principle undermining justice and the Rule of Law under Article 14.
Freezing Freezing the religious character as of August 15, 1947, perpetuates historical
Historical grievances and prevents the resolution of long-standing disputes.
Grievances
Violation of Right Some view it as infringing on the right to worship by prohibiting changes to
to Worship religious places, even if desired by the worshiping community.
Exclusions and Exemptions for historical monuments or ancient sites are seen as arbitrary
Exceptions and may lead to inconsistencies in the law's application.
Prevention of Prohibiting legal proceedings to alter the religious character of places may
Dispute prevent the resolution of disputes through legal means, leading to
Resolution unresolved conflicts.
Way forward
1. Shift the focus from the 1947 date to the intent behind a conversion. If a site was
demonstrably taken over through violence or coercion, regardless of the date, it could be
addressed.
2. Explore alternative mechanisms for addressing potential historical injustices related to
religious sites, separate from the Places of Worship Act. This could involve truth
commissions or restitution processes.
3. Establish a National Interfaith Council to foster dialogue and understanding between
different religious communities. This can help address anxieties and find common ground on
sensitive issues like religious sites.
Rights of Minorities
The Indian constitution doesn’t define the term Minority. However, Article 29( the word
“minorities”, generally means a minority or a group within a majority community), Article 30
(speaks of religious and linguistic minorities), and Articles- 350A and 350B relate to linguistic
minorities only.
National Commission for Minority Educational Institutions or NCMEI Act 2004, in section 2(f)
defines a minority as a community notified as such by the Central Government.
Special Provisions for Linguistic Minorities: Article 350B provides for a Special Officer
for Linguistic Minorities to investigate complaints of neglect and safeguard their linguistic
rights.
At present, Muslims, Christians, Sikhs, Buddhists, Parsis, and Jains are notified as minority
communities at the national level.
On a national scale, Muslims constitute the largest minority group. However, when it comes to
linguistic minorities, no single group holds a majority at the national level, and determining minority
status is primarily based on state or union territory levels.
On a global level, Parts 3 & 4 of the first article of the UN Charter along with Articles 55 &
Article 65 ratified in favour of minority rights. It recognizes FRs and freedoms for minority
groups without any discrimination based on race, religion, language, etc.
Need for Minority Rights

Justification Details
Protection of Article 29 (1): Acknowledges the right of "any section of citizens" to

Cultural Identity conserve their distinct language, script, or culture. This protects the cultural
heritage of minorities. Eg- Eg. the recognition of Urdu as one of India's official
languages
Political Minority rights provide avenues for minority communities to participate in

Democracy the political process and have their voices heard. This ensures their
interests are considered in policy decisions.
Promotion of Article 30 (1) & (2): Grants all minorities, whether religious or linguistic,
Educational the right to establish and administer educational institutions of their choice.
Rights This ensures minority communities can educate their children according to
their traditions and languages. The government cannot discriminate against
these institutions when providing aid.
Safeguarding Article 25: Guarantees the freedom of conscience and the right to freely
Religious profess, practice, and propagate religion.
Freedom
Ensuring Equal Article 15(1) & (2): Prohibition of discrimination against citizens on
Opportunities grounds of religion, race, caste, sex, or place of birth. This ensures minorities
have equal access to public spaces, opportunities, and government services.
Maintaining Article 51A: Promotes harmony and the spirit of common brotherhood among
Social Harmony all people.
Equality and Minority rights ensure all citizens, regardless of their religion, language, or
Fraternity caste, are treated equally. This fosters a sense of belonging and reduces
social tensions.
International India is a signatory to the International Covenant on Civil and Political Rights,
Commitments which mandates the protection of minority rights.
Issues with Minority Rights

Issue Details
absence of a Presently, linguistic minorities are identified at the state level, decided by
universally respective state governments, while religious minorities are determined by
agreed-upon the Central Government.
definition of
'minority'
Discrimination and In a 2019 survey by Lokniti-CSDS, 60% of Muslims reported facing

Social Exclusion discrimination in housing.
Political In the 2019 Lok Sabha elections, only 27 out of 543 members (5%) were
Underrepresentatio Muslim, compared to their 14% share of the population.
n
Educational According to the Ministry of Minority Affairs, only 4.8% of government

Inequality funds for education are allocated to minority institutions.
Economic Minorities often experience higher rates of poverty, unemployment, and

Disparities economic instability. (The Sachar Committee Report)
As per the 2011 Census, the poverty rate among Muslims was 31%,
compared to the national average of 22%.
Religious Incidents of religious intolerance and communal violence can undermine

Intolerance the safety and security of minorities. Eg- 2020 Delhi riots
Language Barriers Linguistic minorities face challenges in accessing education and government
services in their language.
Cultural Cultural practices and traditions of minorities are marginalized or

Marginalization overlooked in mainstream society.
Religious Controversies and legal challenges surrounding religious conversions can

Conversions lead to social tensions. Eg- Anti-conversion laws in states like Gujarat and
Uttar Pradesh
Media A 2019 study by the Media Research Group found that 65% of news reports
Representation on Muslims were negative, portraying them as linked to terrorism or crime.
SC Judgments
Case Details
T.M.A. Pai Foundation v. Upheld the autonomy of minority institutions in administration

State of Karnataka (2002) and admissions while allowing state regulation to ensure
educational standards.
M.A. Murthy v. State of Affirmed the right of linguistic minorities to establish and
Karnataka (2018) administer educational institutions under Article 30(1).
Shayara Bano v. Union of Declared triple talaq unconstitutional, affirming Muslim women's
India (2017) rights and emphasizing gender equality.
State of Karnataka v. Dr. Upheld laws preventing hate speech and promoting communal
Praveen Bhai Togadia harmony.
(2004)
Way forward
Recommendation
Ranganath Mishra Increased budgetary allocations for minority welfare programs

Commission
Improved access to education and employment opportunities
Better representation of minorities in government administration and law

enforcement
Proactive enforcement of existing constitutional safeguards for minorities
Stringent Strictly apply laws against discrimination in education, employment,

enforcement of housing, and public services.
anti-discrimination
laws
Economic Incentives Provide scholarships to minority students to reduce the educational gap.
Eg- Maulana Azad Education Foundation grants
Targeted affirmative Develop policies and schemes to reduce socio-economic disparities faced
action by minorities. Eg- Prime Minister's 15-Point Program for Minorities
1. Recommendations of The Ranganath Mishra Commission - increased budgetary

allocations for minority welfare programs, improved access to education and employment
opportunities, better representation of minorities in government administration and law
enforcement, more proactive approach to enforcing existing constitutional safeguards for
minorities.
2. Stringent enforcement of anti-discrimination laws that protect minority communities
from discrimination in education, employment, housing, and public services, etc.
3. Allocate scholarships specifically for minority students, particularly women, to bridge the
educational gap. Eg: Maulana Azad Education Foundation grants
4. Implement targeted affirmative action policies and welfare schemes to address
socio-economic disparities faced by minority communities. Eg. the Prime Minister's 15-Point
Program for Minorities
Articles 32 and 226
"Article 32 is the very soul of the Constitution and the very heart of it." - Dr. B.R. Ambedkar
Significance
1. It provides a strong enforcement mechanism for the protection of fundamental
rights in the form of a direct approach to HCs and SC.
2. It makes seeking justice easy and direct for every citizen without any discrimination
achieving the ideal of social justice. It also empowers citizens as active participants in
safeguarding their rights.
3. Checks and Balances - It protects individual liberty and privacy when infringed by
legislative and executive action. Eg. An individual can file a habeas corpus petition forcing
authorities to present them before a court and justify the detention
4. Judicial Activism: where courts have proactively interpreted and enforced fundamental
rights to protect the interests of citizens. This has been crucial in addressing social injustices
and advancing progressive causes.
5. Upholding the Rule of Law: They reinforce the principle that all individuals, regardless of
their status or position, are subject to the Constitution and the law.
6. It ensures accountability of the authorities by checking the constitutionality of their
actions and making them responsible to the citizens of the country. Eg. residents can file a
mandamus petition directing the municipality to fulfill its legal obligation.
7. It helps to ensure equality and non-discrimination in society by challenging
discriminatory policies of the government. Eg. If a state government denies free education to
girls from a certain minority community, a writ petition can be filed to ensure equal access to
education as mandated by the Constitution
8. It fosters public confidence in the legal system. Citizens know they have recourse if their
rights are violated, encouraging them to trust the legal framework for resolving disputes.
Writs
1. Habeas Corpus: (to have the body)-It commands the custodian of the detained individual
to produce them before the court and justify the legality of the detention.
2. Mandamus: (We command)-It is issued to compel a public authority, lower court or
government official to perform a legal duty they are neglecting or refusing to fulfill. Eg. In the
State of Punjab vs Ram Lubhaya Bagga, the SC directed the state government of Punjab
to regularize the services of temporary employees who had been working for a prolonged
period.
3. Certiorari: (To be certified)-To quash or correct an order passed by a lower court or
tribunal that is illegal, arbitrary or exceeds its jurisdiction. This writ ensures lower courts and
tribunals act within their legal boundaries.
4. Prohibition: It is issued to prevent a lower court or tribunal from exceeding its jurisdiction
or entertaining a matter it has no legal authority to hear. This writ acts as a stop order to
prevent an erroneous legal process.
5. Quo Warranto: (By what warrant)-It is issued to challenge the right of a person to hold a
public office. This writ ensures proper procedures are followed for holding public office and
prevents unqualified individuals from occupying such positions. Eg. In the Nagendranath
Bora case, the SC issued a writ of quo warranto against the Commissioner of Hills Division
and Appeals, Assam, questioning his authority to hold the office.
Significance of writs
1. Preservation of Constitutional Supremacy: Writs reinforce the principle of
constitutional supremacy by enabling the judiciary to review and strike down any laws,
policies, or actions that are inconsistent with the Constitution. They uphold the rule of law and
prevent the arbitrary exercise of state power.
2. Protection of Fundamental Rights: They serve as a direct mechanism for citizens to seek
relief from the courts when their fundamental rights are violated by the state or any other
authority. Eg- Habeas Corpus acts as a bulwark against wrongful imprisonment
3. Writs offer a relatively swift and effective way for individuals to seek judicial intervention.
This empowers people to defend their rights without getting bogged down in lengthy legal
battles.
4. Checks and Balances: They enable the judiciary to review the actions of the government and
other authorities, ensuring they act within the bounds of the Constitution and do not infringe
upon citizens' rights. Eg- Through accountability and transparency, Mandamus bolsters the
rule of law, which in turn fosters responsible governance
5. Flexibility and Adaptability: The scope and applicability of writs are not rigidly defined
and can be adapted to address evolving legal and social challenges. Courts have the discretion
to issue writs depending on the circumstances of each case.
6. Public Interest Litigation (PIL): Writ jurisdiction has been instrumental in facilitating
public interest litigation, allowing citizens and social activists to raise issues of general public
concern and enforce collective rights. PILs have been instrumental in advancing social justice,
environmental protection, and governmental accountability.
Issues
1. Although writs function as a bulwark of individual rights, they have certain restrictions,
which limit their impact. Eg. Habeas Corpus can't be issued where detention is lawful and by
a competent authority
2. The scope of certain writs is very limited which makes them ineffective in providing
justice to individuals. Eg. Prohibition can't be issued against private bodies, administrative
authorities, or legislative bodies
3. Judicial Activism - Discretionary powers of courts in deciding whether or not to issue
a writ lead to inconsistent application and make it difficult for individuals to predict the
outcome of their petition.
4. Overburdened Judiciary: The sheer volume of writ petitions filed before the High Courts
and the Supreme Court can overwhelm the judiciary, leading to delays in the disposal of cases
and the administration of justice. Eg- The Supreme Court of India currently has over 60,000
pending cases,
5. Forum Shopping: This can lead to multiple petitions being filed on the same issue in
different courts, resulting in conflicting judgments and judicial inefficiency. Eg- during the
Ayodhya land dispute case, multiple petitions were filed in various courts
6. Lack of Implementation: Failure to enforce writs can undermine the credibility of the
judiciary and erode public confidence in the legal system.
7. Interference with Policy Matters: There is a delicate balance between judicial review and
the separation of powers, and excessive judicial intervention in policy matters can encroach
upon the domain of the executive and legislative branches. Eg- Supreme Court's intervention in
the cancellation of 2G spectrum licenses
8. Although quicker than traditional lawsuits, filing a writ petition can still be expensive and
complex. It becomes a barrier for individuals with limited resources.
9. In some cases, writs may be misused for frivolous lawsuits or to harass government
officials. This can overburden the court system and divert resources from legitimate cases.
Armed forces and FR
Provisions
1. Article 33 grants Parliament the power to restrict or eliminate the fundamental rights of
members within the armed forces, paramilitary forces, police forces, intelligence agencies,
and similar entities.
2. Non-combatant employees of the armed forces, such as barbers, carpenters etc are also
included in the term "members within the armed forces."
3. Under Article 33, only Parliament, not state legislatures, has the power to pass laws. Any
law passed by Parliament cannot be challenged in court because it violates one or more of the
fundamental rights.
4. Certain specified fundamental rights, delineated in Articles 14, 15, and 19 of the Constitution,
have been curtailed by the Armed Forces.
5. Challenging the provisions of certain special acts (Army Act, Air Force Act, or Navy Act) on
the grounds of violating fundamental rights is not permissible.
Need
1. It is intended to guarantee their effective performance of duties and the maintenance
of internal discipline within these organizations. By restricting certain fundamental
rights, it aims to uphold the professionalism of the armed forces and security agencies.
2. The armed forces and law enforcement personnel require strict discipline and obedience to
maintain order and national security. Absolute freedom of speech, association, or
movement might conflict with these requirements.
3. Preventing Political Partisanship and Bias: Restrictions on political activities and
expressions of partisan views help prevent the politicization of security institutions, maintain
public trust, and uphold democratic norms.
4. Intelligence agencies rely on secrecy to gather information and protect national
security. Unrestricted freedom of association or movement could jeopardize covert
operations and sources.
Issues
1. There's a concern that Parliament might enact laws that impose overly broad restrictions
on fundamental rights, exceeding what's necessary for maintaining discipline or effective
service.
2. The concept of "reasonable" limitations is open to interpretation. What might be
considered reasonable in one situation might be seen as excessive in another.
3. Potential for Abuse of Power: by commanding officers or higher-ranking officials. Without
adequate safeguards and oversight mechanisms, these restrictions could be misused to
suppress dissent or silence whistleblowers within the ranks.
4. Violation of Human Rights: In some cases, these restrictions may infringe upon the dignity
and autonomy of armed forces personnel, undermining their rights as individuals.
5. Impact on Morale and Mental Health: Feeling unable to voice concerns or grievances
openly may contribute to feelings of isolation, stress, and disillusionment among service
members.
6. Difficulty in Transitioning to Civilian Life: Reintegrating into society and exercising
newfound freedoms could be daunting for individuals accustomed to a highly regulated and
disciplined military environment.
Right To Property
Present status
1. Article 300-A under Part XII stipulates that no individual shall be stripped of their
property except under the authority of the law. It is a legal entitlement accessible to all
individuals.
2. Originally, the right to property was a fundamental right under Article 31. However, the 44th
Amendment in 1978 removed this status.
3. Currently, it offers a weaker form of protection. It doesn't guarantee the right to property
itself but rather focuses on ensuring any deprivation of property must be done according to a
legal procedure established by law.
Issues
1. Its downgrade from fundamental right to legal right weakened its protection and led to
concerns about the balance between development needs and individual rights.
2. While Article 300A mandates following legal procedures for acquiring property, it doesn't
guarantee fair compensation.
3. The concept of eminent domain allows the state to acquire private property for public
use, subject to compensation. However, controversies arise when land is acquired for projects
that benefit private entities or when compensation is inadequate or not provided.
4. Land acquisition for development projects or infrastructure often faces resistance from
landowners who feel the compensation offered is insufficient. This can lead to delays and
social unrest.
5. Impact on Ease of doing Business - Uncertainties around property rights can be a hurdle
for businesses, especially those requiring long-term land use or investments. The fear of
sudden acquisition without fair compensation can hinder economic growth.
6. Tribal communities and forest dwellers often face displacement and loss of traditional
livelihoods due to land acquisition for development projects and conservation efforts.
Inadequate recognition of rights and conflicts with conservation priorities affects tribals
severely.
Way forward
1. Continuously updating and improving the Right to Fair Compensation and Transparency
in Land Acquisition, Rehabilitation, and Resettlement Act, 2013, based on feedback and
experiences from its implementation.
2. Set clear timelines for resolving land acquisition disputes. Streamline court processes
and consider implementing specialized land tribunals to expedite cases. Eg. Andhra Pradesh
has implemented Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act (RFCTLARR) reforms with fixed timelines for
compensation and dispute resolution.
3. Implement comprehensive rehabilitation and resettlement packages for affected
communities, including alternative livelihood options and basic amenities. Eg. The
Rehabilitation and Resettlement (R&R) policy of various states like Maharashtra, includes
provisions for livelihood restoration, housing, and social infrastructure for displaced persons.
4. Establish clearer benchmarks for determining compensation based on land value,
purpose of acquisition, and potential impact on the owner. This can be done through
transparent valuation mechanisms and wider stakeholder consultations.
5. Implement a digital land records system to improve transparency and prevent fraudulent
transactions. This can help streamline property ownership verification and reduce the misuse
of black money in land deals.

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Prepared by Civilsdaily Core Team & AIR 2 Animesh Pradhan

Non-absolute These rights are not absolute but Restrictions on Freedom of

Universal Guaranteed to all citizens regardless of Right to Freedom of Religion

Enforcement Judiciary safeguards fundamental rights PILs filed to address violations

Advancing Thwarting the establishment of Article 19 - Liberty to express

Protection of Acting as a shield against Article 21

Promotion of Fostering an environment of Right to education (Article 21A).

Protecting Ensuring freedom of religion, Articles 29, 30 - Protect minority

Legal Enforceable through the Articles 32 and 226 - Judicial

Limitations and Criticism

Limited Nature Do not include social and Right to employment, right to

Amendable Government can amend or 44th Constitutional Amendment

Suspension Fundamental rights can be Suspension of rights during the

Preventive Allows detention without trial for Government can detain

Limited Do not apply to members of Exclusion of fundamental rights

Judicial Huge backlog of cases delays Over 66,000 cases pending in

Individualism Societal traditions often conflict Resistance to same-sex

Prevalence of Corruption in bureaucracy Continued prevalence of child

Judicial The judiciary interprets Kesavananda Bharati v. State of

Writ Writs provide immediate A. K. Gopalan case - Affirmed the

Public PILs address systemic NALSA v. Union of India (2014) -

Preventing Courts invalidate executive S. R. Bommai case - Asserted

Judicial Proactive interpretation Maneka Gandhi v. Union of India

Setting Courts set legal precedents Naz Foundation case -

Protection of Courts protect rights of Shah Bano Begum case (1985) -

Critical analysis of the role of judiciary

Judicial Judicial activism can lead to Vishaka guidelines -

Inherent Subjective interpretation of Doctrine of Basic Structure -

Inadequate Lack of legal aid prevents Bhopal Gas Tragedy (1984) -

Limited Judicial decisions may not be Delay in implementing SC

Limited Reach Difficulty in ensuring Honor killings, such as the

Key Principles as per A. V. Dicey

Significance for India

Prevention of Prevents authoritarian Vineet Narain v. Union of India (1997) -

Protection of Provides legal redress Maneka Gandhi v. Union of India (1978) -

Promotion of Ensures lawful S. R. Bommai v. Union of India (1994) -

Protection of Ensures equal Navtej Singh Johar v. Union of India (2018)

Corruption and Political interference Supreme Court calling CBI a "caged

Unequal Access Indigenous communities Adivasis vs. Mining Companies case

Weak Inadequate resources and 8.9 million child laborers in India

Arbitrary Use Arbitrary detention, Kanhaiya Kumar Case

Judicial Excessive judicial intervention Supreme Court’s involvement in policy

Slow Pace of Outdated laws and procedural Poor implementation of SC directions in

Social and Discrimination and communal Manoj-Babli Honor Killing Case

Need for UCC

Violation of Critics argue UCC infringes on

Cultural Seen as a threat to cultural Tribals, Muslims, and

Complexity Merging diverse personal laws Special Marriage Act (1954)

Presence of Existing secular laws already Section 125 of the Criminal

Lack of Low awareness and poor sense

Practical Enforcing UCC involves

Shah Bano Begum (1985) Awarded maintenance based on gender equality

Sarla Mudgal (1995) Addressed inheritance rights under Hindu laws.

John Valaredian vs Alice Declared unilateral Christian divorce by repudiation

Lilly Thomas vs Union of Struck down the discriminatory denial of inheritance

Shayara Bano vs Union of Declared instant triple talaq unconstitutional,

Grounds for reservation

Scheduled Castes (SCs) and Historical injustice and social exclusion.

Other Backward Classes Social and educational backwardness.