#fundamental rights in india

[ambidextrousarcher]

Pertinent Issues I and My Fraternity Face

The above picture states, in simple words, my right as an Indian citizen. (For those of you who might be used to US-centric posts and thoughts alone, I mean a citizen of the country India. In Southeast Asia.)

However, I have felt, throughout my life, and more strongly in the recent past, that as a daughter of the nation and young woman who is a doctor, especially a doctor in training aka an intern, that a lot of these rights are not being met.

I think I would like to enumerate how a lot of circumstances violate the rights of a very large section of the population of this country, more than half of it to be exact, if only to raise my voice, futile though it might be.

I belong to three groups, all of which I believe fall under vulnerable population.

1. I am a young woman.

I feel the fact that there is one rape every sixteen minutes in my country violates my right, our right to freedom and equality. For the right to freedom means I can live my life and enjoy personal liberties without any obstacles.

However, that seems to be hardly the case, because the response to the above fact about rape is restriction of our freedom and equality. How? Because the response I have heard by and large in the society, even by people I love, to such incidents is unequivocal and the same:

Don’t go outside at night. Don’t go outside with a boy. Don’t dress in a particular manner. You should always be alert. Always be polite, because what if someone stronger than you, a man, is offended and decides to sexually assault you? What if you “deserve it”?

How, I ask, can any woman deserve such horrors? When we are not safe anywhere, not in our homes, not in our workplaces, not in means of transport, not on the roads, how, then, is our right to freedom and equality protected? Especially when said equality is against discrimination on the grounds of sex as well?

I think these pictures would do a better job than I at explaining what I mean.

Image credit to Arihant Publications for the first image, and WeAreYuva on Instagram for the rest of the images.

[dykrophone]

can i say something that might get me cancelled if i said it irl. why are we (indians but more specifically the indian governement) so obsessed with border and military disputes our country is literally twice the size of the entire continent of europe and/or the cumulative size of oceania and the americas put together population wise. as far as i know most of the people from these territories aren't really begging to be a part of india either why do we need such a massive fucking military budget over this shit "they can't stay independent pakistan or china will pounce if they don't belong to us anymore" don't you think that's THEIR choice and prerogative. they aren't asking to be a part of india. "if pakistan gets kashmir they will keep taking and taking and india will be in ruins" you sound like a conspiracy theorist. kashmir has never unanimously wanted to be a part of india. don't we have enough problems to worry about people are literally starving and homeless everywhere in our country. decentralisation isn't the worst thing that could happen to a territory right now we're too big and diverse a country is an indian identity we're forcing on them really the most important thing right now

[studylaws]

Article 20 of the Indian Constitution: Safeguarding the Rights of Individuals

Introduction Article 20 of the Indian Constitution is a crucial provision that plays a significant role in safeguarding the fundamental rights of individuals. It embodies the principles of justice and fairness by ensuring protection against certain actions that may infringe upon the personal liberty of citizens. This article provides safeguards that are vital for upholding the principles of a…

[indizombie]

Forced conversion is only a myth. In the disguise for preventing forced conversion, this law (Karnataka Protection of Right to Freedom of Religion Act, 2021) is actually infringing the fundamental rights of the people. It violates the right to privacy and the right to personal liberty. A person who wants to convert has to submit a lot of personal details to the Government which is a violation of his privacy. It also curtails the freedom of a woman to marry a person of their choice irrespective of religion.

Dr Peter Machado, the Archbishop of Bangalore

[iasguidance]

What is a Safe Harbour?

Context: The legal action initiated by the French authorities against Pavel Durov impinges on the protection that is accorded to social media platforms across jurisdictions under a provision known as “safe harbour”. What are ‘Safe Harbour’ Rules? Since social media platforms are generally understood to be crucial tools of free speech, safe harbour is viewed as a basic tenet of enabling freedom…

[lloydlawcollege]

Must-Know Rights and Laws for Every Indian Citizen

In this blog, we explore the fundamental rights and important laws that every Indian citizen should be aware of. These rights and laws empowers you and ensures you can stand up for yourself and others when necessary. Discover key legal protections and obligations that impact your life.

[indiabharattour]

आपातकाल में भी आपके दो मौलिक अधिकार नहीं खत्म होते है लेकिन यहाँ पर आप के अधिकार छीन लिए जायेगे

[mediaheights]

Human Rights Day is celebrated on 10 December. This day is observed to protect the fundamental human rights of all people and their basic human freedom. Build your brand with digital media & take the benefits of social media branding contact Media Heights. By Mediaheightspr.com

#humanrightsday

#Digitalbranding#MEDIAHEIGHTS#advertisingagency#web#MEDIAHEIGHTSPRCOM#best#public#relation#agency#in#chandigarh#mohali#punjab#north#india#digitalmarketingcompany#searchengineoptimization#content#instagrammarketing#buildingrelationships#globally#customer#internetbanding — at media heights #smo#branding#facebook#twitter#marketingonline#brand #searchengineoptimization #internetmarketing #follow #digitalagency #marketingagency #motivation #digitalmarketingtips #onlinebusiness #websitedesign #marketingonline #brand #searchengineoptimization #content #instagrammarketing #advertisingagency #web #technology #onlinebranding #branding360degree #SEO #SEObrandingagency #websiteranking #websitetrafic #Digitalmarketing #mediaheights #OnlineAdvertising #instagrammarketing #advertisingagency #web #marketingonline #brand

[mindhunterlaw]

FUNDAMENTAL RIGHTS

[dunilefra]

Facts of India's Constitution

15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (Part of it)

3. Nothing in this article shall prevent the State from making any special provision for women and children.

4. Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.

5. Nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the State from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30.

16. Equality of opportunity in matters of public employment (Part of it)

4A. Nothing in this article shall prevent the State from making any provision for reservation in matters of promotion, with consequential seniority, to any class or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which in the opinion of the States, are not adequately represented in the services under the State.

19. Protection of certain rights regarding freedom of speech, etc (Part of it)

1. All citizens shall have the right-

a. to freedom of speech and expression;

b. to assemble peaceably and without arms;

c. to form associations or unions or co-operative societies;

d. to move freely throughout the territory of India;

e. to reside and settle in any part of the territory of India;

f. [omitted by s. 2, ibid., (w.e.f. 20-6-1979).]

g. to practise any profession, or to carry on any occupation, trade or business.

2. Nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in 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 offence.

3. Nothing in sub-clause (b) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interest of the sovereignty and integrity of India or public order, reasonable restrictions on the exercise of the right conferred by the said sub-clause.

4. Nothing in sub-clause (c) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the sovereignty and integrity of India or public order or morality, reasonable restrictions on the exercise of the right conferred by the said sub-clause.

5. Nothing in sub-clause (d) and (e) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, reasonable restrictions on the exercise of any of the rights conferred by the said sub-clauses either in the interests of the general public or for the protection of the interests of any Scheduled Tribe.

6. Nothing in sub-clause (g) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the general public, reasonable restrictions on the exercise of the right conferred by the said sub-clause; and, in particular, nothing in the said sub-clause shall affect the operation of any existing law in so far as it relates to, or prevent the State from making any law relating to,-

22. Protection against arrest and detention in certain cases

1. No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.

2. Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate.

3. Nothing in clauses (1) and (2) shall apply-

a. to any person who for the time being is an enemy alien; or

b. to any person who is arrested or detained under any law providing for preventive detention.

4. No law providing for preventive detention shall authorise the detention of a person for a longer period than three months unless-

a. an Advisory Board consisting of persons who are, or have been, or are qualified to be appointed as, Judges of a High Court has reported before the expiration of the said period of three months that there is in its opinion sufficient cause for such detention:

Provided that nothing in this sub-clause shall authorise the detention of any person beyond the maximum period prescribed by any law made by Parliament under sub-clause (b) of clause (7); or

b. such person is detained in accordance with the provisions of any law made by Parliament under sub-clauses (a) and (b) of clause (7).

5. When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order.

6. Nothing in clause (5) shall require the authority making any such order as is referred to in that clause to disclose facts which such authority considers to be against the public interest to disclose.

7. Parliament may by law prescribe-

a. the circumstances under which, and the class or classes of cases in which, a person may be detained for a period longer than three months under any law providing for preventive detention without obtaining the opinion of an Advisory Board in accordance with the provisions of sub-clause (a) of clause (4);

b. the maximum period for which any person may in any class or classes of cases be detained under any law providing for preventive detention; and

c. the procedure to be followed by an Advisory Board in an inquiry under sub-clause (a) of clause (4).

25. Freedom of conscience and free profession, practice and propagation of religion

1. Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.

2. Nothing in this article shall affect the operation of any existing law or prevent the State from making any law

a. regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;

b. providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.

Explanation I

The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion.

Explanation II

In sub-clause (b) of clause (2), the reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly.

PART IV. DIRECTIVE PRINCIPLES OF STATE POLICY

36. Definition

In this Part, unless the context otherwise requires, "the State" has the same meaning as in Part III.

37. Application of the principles contained in this Part

The provisions contained in this Part shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.

46. Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections

The State shall promote with special care the educational and economic interests of the weaker sections of the people, and in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.

48. Organisation of agriculture and animal husbandry

The State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle.

80. Composition of the Council of States

1. The Council of States shall consist of-

a. twelve members to be nominated by the President in accordance with the provisions of clause (3); and

b. not more than two hundred and thirty-eight representatives of the States and of the Union territories.

3. The members to be nominated by the President under sub-clause (a) of clause (1) shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely:-

Literature, science, art and social service.

168. Constitution of Legislatures in States

1. For every State there shall be a Legislature which shall consist of the Governor, and-

a. in the States of, Bihar, Maharashtra, Karnataka, and Uttar Pradesh, two Houses;

b. in other States, one House.

2. Where there are two Houses of the Legislature of a State, one shall be known as the Legislative Council and the other as the Legislative Assembly, and where there is only one House, it shall be known as the Legislative Assembly.

171. Composition of the Legislative Councils

1. The total number of members in the Legislative Council of a State having such a Council shall not exceed one-third of the total number of members in the Legislative Assembly of that State:

Provided that the total number of members in the Legislative Council of a State shall in no case be less than forty.

2. Until Parliament by law otherwise provides, the composition of the Legislative Council of a State shall be as provided in clause (3).

3. Of the total number of members of the Legislative Council of a State-

a. as nearly as may be, one-third shall be elected by electorates consisting of members of municipalities, district boards and such other local authorities in the State as Parliament may by law specify;

b. as nearly as may be, one-twelfth shall be elected by electorates consisting of persons residing in the State who have been for at least three years graduates of any university in the territory of India or have been for at least three years in possession of qualifications prescribed by or under any law made by Parliament as equivalent to that of a graduate of any such university;

c. as nearly as may be, one-twelfth shall be elected by electorates consisting of persons who have been for at least three years engaged in teaching in such educational institutions within the State, not lower in standard than that of a secondary school, as may be prescribed by or under any law made by Parliament;

d. as nearly as may be, one-third shall be elected by the members of the Legislative Assembly of the State from amongst persons who are not members of the Assembly;

e. the remainder shall be nominated by the Governor in accordance with the provisions of clause (5).

4. The members to be elected under sub-clauses (a), (b) and (c) of clause (3) shall be chosen in such territorial constituencies as may be prescribed by or under any law made by Parliament, and the elections under the said sub-clauses and under sub-clause (d) of the said clause shall be held in accordance with the system of proportional representation by means of the single transferable vote.

5. The members to be nominated by the Governor under sub-clause (c) of clause (3) shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely:-

Literature, science, art, co-operative movement and social service.

243D. Reservation of seats

1. Seats shall be reserved for-

a. the Scheduled Castes; and

b. the Scheduled Tribes,

in every Panchayat and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Panchayat as the population of the Scheduled Castes in that Panchayat area or of the Scheduled Tribes in that Panchayat area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a Panchayat.

2. Not less than one-third of the total number of seats reserved under clause (1) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes.

3. Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Panchayat shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Panchayat.

243T. Reservation of seats

1. Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in every Municipality and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filed by direct election in that Municipality as the population of the Scheduled Castes in the Municipal area or of the Scheduled Tribes in the Municipal area bears to the total population in that area and such seats may be allotted by rotation to different constituencies in a municipality.

2. Not less than one-third of the total number of seats reserved under clause (1) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes.

244. Administration of Scheduled Areas and Tribal Areas

1. The provisions of the Fifth Schedule shall apply to the administration and control of the Scheduled Areas and Scheduled Tribes in any State other than the States of Assam , Meghalaya, Tripura and Mizoram.

2. The provisions of the Sixth Schedule shall apply to the administration of the tribal areas in the States of Assam , Meghalaya, Tripura and Mizoram.

244A. Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Ministers or both therefor

1. Notwithstanding anything in this Constitution, Parliament may, by law, form within the State of Assam an autonomous State comprising (whether wholly or in part) all or any of the tribal areas specified in Part I of the table appended to paragraph 20 of the Sixth Schedule and create therefor-

a. a body, whether elected or partly nominated and partly elected, to function as a Legislature for the autonomous State, or

b. a Council of Ministers,

or both with such constitution, powers and functions, in each case, as may be specified in the law.

290A. Annual payment to certain Devaswom Funds

A sum of forty-six lakhs and fifty thousand rupees shall be charged on, and paid out of the Consolidated Fund of the State of Kerala every year to the Travancore Devaswom Fund; and a sum of thirteen lakhs and fifty thousand rupees shall be charged on, and paid out of the Consolidated Fund of the State of Tamil Nadu, every year to the Devaswom Fund established in that State for the maintenance of Hindu temples and shrines in the territories transferred to that State on the 1st day of November, 1956, from the State of Travancore-Cochin.

315. Public Service Commissions for the Union and for the States

1. Subject to the provisions of this article, there shall be a Public Service Commission for the Union and a Public Service Commission for each State.

2. Two or more States may agree that there shall be one Public Service Commission for that group of States, and if a resolution to that effect is passed by the House or, where there are two Houses, by each House of the Legislature of each of those States, Parliament may by law provide for the appointment of a Joint State Public Service Commission (referred to in this Chapter as Joint Commission) to serve the needs of those States.

330. Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People

1. Seats shall be reserved in the House of the People for-

a. the Scheduled Castes;

b. the Scheduled Tribes except the Scheduled Tribes in the autonomous districts of Assam; and

c. the Scheduled Tribes in the autonomous districts of Assam.

331. Representation of the Anglo-Indian community in the House of the People

Notwithstanding anything in article 81, the President may, if he is of opinion that the Anglo-Indian community is not adequately represented in the House of the People, nominate not more than two members of that community to the House of the People.

332. Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States

1. Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes, except the Scheduled Tribes in the autonomous districts of Assam, in the Legislative Assembly of every State.

2. Seats shall be reserved also for the autonomous districts in the Legislative Assembly of the State of Assam.

3. The number of seats reserved for the Scheduled Castes or the Scheduled Tribes in the Legislative Assembly of any State under clause (1) shall bear, as nearly as may be, the same proportion to the total number of seats in the Assembly as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State or part of the State, as the case may be, in respect of which seats are so reserved, bears to the total population of the State.

3A. Notwithstanding anything contained in clause (3), until the taking effect, under article 170, of the re-adjustment, on the basis of the first census after the year 2026, of the number of seats in the Legislative Assemblies of the States of Arunachal Pradesh, Meghalaya, Mizoram and Nagaland, the seats which shall be reserved for the Scheduled Tribes in the Legislative Assembly of any such State shall be,-

a. if all the seats in the Legislative Assembly of such State in existence on the date of coming into force of the Constitution (Fifty-seventh Amendment) Act, 1987 (hereafter in this clause referred to as the existing Assembly) are held by member of the Scheduled Tribes, all the seats except one;

b. in any other case, such number of seats as bears to the total number of seats, a proportion not less than the number (as on the said date) of members belonging to the Scheduled Tribes in the existing Assembly bears to the total number of seats in the existing Assembly.

3B. Notwithstanding anything contained in clause (3), until the re-adjustment, under article 170, takes effect on the basis of the first census after the year 320.1 , of the number of seats in the Legislative Assembly of the State of Tripura, the seats which shall be reserved for the Scheduled Tribes in the Legislative Assembly shall be, such number of seats as bears to the total number of seats, a proportion not less than the number, as on the date of coming into force of the Constitution (Seventy-second Amendment) Act, 1992, of members belonging to the Scheduled Tribes in the Legislative Assembly in existence on the said date bears to the total number of seats in that Assembly.

4. The number of seats reserved for an autonomous district in the Legislative Assembly of the State of Assam shall bear to the total number of seats in that Assembly a proportion not less than the population of the district bears to the total population of the State.

5. The constituencies for the seats reserved for any autonomous district of Assam shall not comprise any area outside that district.

6. No person who is not a member of a Scheduled Tribe of any autonomous district of the State of Assam shall be eligible for election to the Legislative Assembly of the State from any constituency of that district.

Provided that for elections to the Legislative Assembly of the State of Assam, the representation of the Scheduled Tribes and non-Scheduled Tribes in the constituencies included in the Bodoland Territorial Areas District, so notified, and existing prior to the constitution of the Bodoland Territorial Areas District, shall be maintained.

333. Representation of the Anglo-Indian community in the Legislative Assemblies of the States

Notwithstanding anything in article 170, the Governor of a State may, if he is of opinion that the Anglo-Indian community needs representation in the Legislative Assembly of the State and is not adequately represented therein, nominate one member of that community to the Assembly.

334. Reservation of seats and special representation to cease after seventy years

Notwithstanding anything in the foregoing provisions of this Part, the provisions of this Constitution relating to-

a. the reservation of seats for the Scheduled Castes and the Scheduled Tribes in the House of the People and in the Legislative Assemblies of the States; and

b. the representation of the Anglo-Indian community in the House of the People and in the Legislative Assemblies of the States by nomination,

shall cease to have effect on the expiration of a period of seventy years from the commencement of this Constitution:

Provided that nothing in this article shall affect any representation in the House of the People or in the Legislative Assembly of a State until the dissolution of the then existing House or Assembly, as the case may be.

335. Claims of Scheduled Castes and Scheduled Tribes to services and posts

The claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State.

Provided that nothing in this article shall prevent in making of any provision in favour of the members of the Scheduled Castes and the Scheduled Tribes for relaxation in qualifying marks in any examination or lowering the standards of evaluation, for reservation in matters of promotion to any class or classes of services or posts in connection with the affairs of the Union or of a State.

336. Special provision for Anglo-Indian community in certain services

1. During the first two years after the commencement of this Constitution, appointments of members of the Anglo-Indian community to posts in the railway, customs, postal and telegraph services of the Union shall be made on the same basis as immediately before the fifteenth day of August, 1947.

During every succeeding period of two years, the number of posts reserved for the members of the said community in the said services shall, as nearly as possible, be less by ten per cent, than the numbers so reserved during the immediately preceding period of two years:

Provided that at the end of ten years from the commencement of this Constitution all such reservations shall cease.

2. Nothing in clause (1) shall bar the appointment of members of the Anglo-Indian community to posts other than, or in addition to, those reserved for the community under that clause if such members are found qualified for appointment on merit as compared with the members of other communities.

337. Special provision with respect to educational grants for the benefit of Anglo-Indian community

During the first three financial years after the commencement of this Constitution, the same grants, if any, shall be made by the Union and by each State for the benefit of the Anglo-Indian community in respect of education as were made in the financial year ending on the thirty-first day of March, 1948.

During every succeeding period of three years the grants may be less by ten per cent, than those for the immediately preceding period of three years:

Provided that at the end of ten years from the commencement of this Constitution such grants, to the extent to which they are a special concession to the Anglo-Indian community, shall cease:

Provided further that no educational institution shall be entitled to receive any grant under this article unless at least forty per cent, of the annual admissions therein are made available to members of communities other than the Anglo-Indian community.

341. Scheduled Castes

1. The President may with respect to any State or Union territory, and where it is a State, after consultation with the Governor thereof, by public notification, specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Castes in relation to that State or Union territory, as the case may be.

2. Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued under clause (1) any caste, race or tribe or part of or group within any caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.

342. Scheduled Tribes

1. The President may with respect to any State or Union territory, and where it is a State, after consultation with the Governor thereof, by public notification, specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of this Constitution be deemed to be Scheduled Tribes in relation to that State or Union territory, as the case may be.

2. Parliament may by law include in or exclude from the list of Scheduled Tribes specified in a notification issued under clause (1) any tribe or tribal community or part of or group within any tribe or tribal community, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.

371E. Establishment of Central University in Andhra Pradesh

Parliament may by law provide for the establishment of a University in the State of Andhra Pradesh.

PART A. PROVISIONS AS TO THE PRESIDENT AND THE GOVERNORS OF STATES

1. There shall be paid to the President and to the Governors of the States the following emoluments per mensem, that is to say:-

• The President - 10,000 rupees.

• The Governor of a State - 5,500 rupees.

PART D. PROVISIONS AS TO THE JUDGES OF THE SUPREME COURT AND OF THE HIGH COURTS

9. 1. There shall be paid to the Judges of the Supreme Court, in respect of time spent on actual service, salary at the following rates per mensem, that is to say:-

• The Chief Justice - 10,000 rupees.

• Any Other Judge - 9,000 rupees.

10. 1. There shall be paid to the Judges of High Courts, in respect of time spent on actual service, salary at the following rates per mensem, that is to say,-

• The Chief Justice - 9,000 rupees.

• Any other Judge - 8,000 rupees.

5. Law applicable to Scheduled Areas

1. Notwithstanding anything in this Constitution the Governor may by public notification direct that any particular Act of Parliament or of the Legislature of the State shall not apply to a Scheduled Area or any part thereof in the State or shall apply to a Scheduled Area or any part thereof in the State subject to such exceptions and modifications as he may specify in the notification and any direction given under this sub-paragraph may be given so as to have retrospective effect.

2. The Governor may make regulations for the peace and good government of any area in a State which is for the time being a Scheduled Area.

In particular and without prejudice to the generality of the foregoing power, such regulations may-

a. prohibit or restrict the transfer of land by or among members of the Scheduled Tribes in such area;

b. regulate the allotment of land to members of the Scheduled Tribes in such area;

c. regulate the carrying on of business as money-lender by persons who lend money to members of the Scheduled Tribes in such area.

by Dunilefra, working for Political Analysis

[studylaws]

Salient Features of Indian Constitution: A Comprehensive Guide with 10 Salient Features of Indian Constitution

IntroductionSalient Features of Indian Constitution1. Lengthiest Written Constitution in the World (Article 368)2. Federal System with Unitary Bias (Article 1-4)3. Parliamentary System of Government (Article 74-75)4. Fundamental Rights (Article 12-35)5. Directive Principles of State Policy (Article 36-51)6. Independent Judiciary (Article 124-147)7. Universal Adult Suffrage (Article 326)8.…

[bipffoundation]

Barriers to female education in India | BIPF - Odisha

Individual health is the foundation of a productive life, a vibrant community, and a healthy nation. Driven by the core belief in ‘Health For All’, BIPF’s health division undertakes projects which focus on providing quality primary health care to communities in underserved and unserved areas. BIPF’s program interventions range across providing healthcare infrastructure by way of clinics/ healthcare centers; frequent inoculation drives; behavioral change campaigns; and strengthening the medical center through medical equipment support. Awareness building through regular health-centric communication, embedded in the community context, is a key part of all program interventions.

[iasguidance]

Reasonable limit to free speech

Context: The concept of free speech is under discussion after the arrest of Telegram Founder Pavel Durov. In this context let us understand the concept of Free Speech and Article 19 of Indian Constitution. Article 19 of Indian Constitution guarantees to all citizens the six rights, these are:  Right to freedom of speech and expression. Right to assemble peaceably and without arms. Right to…

[katrafiy]

I think about this image a lot. This is an image from the Aurat March (Women's March) in Karachi, Pakistan, on International Women's Day 2018. The women in the picture are Pakistani trans women, aka khwaja siras or hijras; one is a friend of a close friend of mine.

In the eyes of the Pakistani government and anthropologists, they're a "third gender." They're denied access to many resources that are available to cis women. Trans women in Pakistan didn't decide to be third-gendered; cis people force it on them whether they like it or not.

Western anthropologists are keen on seeing non-Western trans women as culturally constructed third genders, "neither male nor female," and often contrast them (a "legitimate" third gender accepted in its culture) with Western trans women (horrific parodies of female stereotypes).

There's a lot of smoke and mirrors and jargon used to obscure the fact that while each culture's trans women are treated as a single culturally constructed identity separate from all other trans women, cis women are treated as a universal category that can just be called "women."

Even though Pakistani aurat and German Frauen and Guatemalan mujer will generally lead extraordinarily different lives due to the differences in culture, they are universally recognized as women.

The transmisogynist will say, "Yes, but we can't ignore the way gender is culturally constructed, and hijras aren't trans women, they're a third gender. Now let's worry less about trans people and more about the rights of women in Burkina Faso."

In other words, to the transmisogynist, all cis women are women, and all trans women are something else.

"But Kat, you're not Indian or Pakistani. You're not a hijra or khwaja sira, why is this so important to you?"

Have you ever heard of the Neapolitan third gender "femminiello"? It's the term my moniker "The Femme in Yellow" is derived from, and yes, I'm Neapolitan. Shut up.

I'm going to tell you a little bit about the femminielli, and I want you to see if any of this sounds familiar. Femminielli are a third gender in Neapolitan culture of people assigned male at birth who have a feminine gender expression.

They are lauded and respected in the local culture, considered to be good omens and bringers of good luck. At festivals you'd bring a femminiello with you to go gambling, and often they would be brought in to give blessings to newborns. Noticing anything familiar yet?

Oh and also they were largely relegated to begging and sex work and were not allowed to be educated and many were homeless and lived in the back alleys of Naples, but you know we don't really like to mention that part because it sounds a lot less romantic and mystical.

And if you're sitting there, asking yourself why a an accurate description of femminiello sounds almost note for note like the same way hijras get described and talked about, then you can start to understand why that picture at the start of this post has so much meaning for me.

And you can also start to understand why I get so frustrated when I see other queer people buy into this fool notion that for some reason the transes from different cultures must never mix.

That friend I mentioned earlier is a white American trans woman. She spent years living in India, and as I recal the story the family she was staying with saw her as a white, foreign hijra and she was asked to use her magic hijra powers to bless the house she was staying in.

So when it comes to various cultural trans identities there are two ways we can look at this. We can look at things from a standpoint of expressed identity, in which case we have to preferentially choose to translate one word for the local word, or to leave it untranslated.

If we translate it, people will say we're artificially imposing an outside category (so long as it's not cis people, that's fine). If we don't, what we're implying, is that this concept doesn't exist in the target language, which suggests that it's fundamentally a different thing

A concrete example is that Serena Nanda in her 1990 and 2000 books, bent over backwards to say that Hijras are categorically NOT trans women. Lots of them are!

And Don Kulick bent over backwards in his 1998 book to say that travesti are categorically NOT trans women, even though some of the ones he cited were then and are now trans women.

The other option, is to look at practice, and talk about a community of practice of people who are AMAB, who wear women's clothing, take women's names, fulfill women's social roles, use women's language and mannerisms, etc WITHIN THEIR OWN CULTURAL CONTEXT.

This community of practice, whatever we want to call it - trans woman, hijra, transfeminine, femminiello, fairy, queen, to name just a few - can then be seen to CLEARLY be trans-national and trans-cultural in a way that is not clearly evident in the other way of looking at things.

And this is important, in my mind, because it is this axis of similarity that is serving as the basis for a growing transnational transgender rights movement, particularly in South Asia. It's why you see pictures like this one taken at the 2018 Aurat March in Karachi, Pakistan.

And it also groups rather than splits, pointing out not only points of continuity in the practices of western trans women and fa'afafines, but also between trans women in South Asia outside the hijra community, and members of the hijra community both trans women and not.

To be blunt, I'm not all that interested in the word trans woman, or the word hijra. I'm not interested in the word femminiello or the word fa'afafine.

I'm interested in the fact that when I visit India, and I meet hijras (or trans women, self-expressed) and I say I'm a trans woman, we suddenly sit together, talk about life, they ask to see American hormones and compare them to Indian hormones.

There is a shared community of practice that creates a bond between us that cis people don't have. That's not to say that we all have the exact same internal sense of self, but for the most part, we belong to the same community of practice based on life histories and behavior.

I think that's something cis people have absolutely missed - largely in an effort to artificially isolate trans women. This practice of arguing about whether a particular "third gender" label = trans women or not, also tends to artificially homogenize trans women as a group.

You see this in Kulick and Nanda, where if you read them, you could be forgiven for thinking all American trans women are white, middle class, middle-aged, and college-educated, who all follow rigid codes of behavior and surgical schedules prescribed by male physicians.

There are trans women who think of themselves as separate from cis women, as literally another kind of thing, there are trans women who think of themselves as coterminous with cis women, there are trans women who think of themselves as anything under the sun you want to imagine.

The problem is that historically, cis people have gone to tremendous lengths to destroy points of continuity in the transgender community (see everything I've cited and more), and particularly this has been an exercise in transmisogyny of grotesque levels.

The question is do you want to talk about culturally different ways of being trans, or do you want to try to create as many neatly-boxed third genders as you can to prop up transphobic theoretical frameworks? To date, people have done the latter. I'm interested in the former.

I guess what I'm really trying to say with all of this is that we're all family y'all.

[newspatron]

Unveiling Article 226: India’s Legal Powerhouse

Enjoyed the article? Share your thoughts or questions in the comments below!

Image Source – Newspatron Creative Team AI-Generated Image for representative purpose [Read About Us to know more] Dive into the depths of Article 226, a cornerstone of the Indian Constitution that empowers High Courts to uphold justice and protect fundamental rights. Explore its scope, significance, and the landmark cases that have shaped its application. Founder & Editor…