Tag: article 21-A

article 21

The Constitution speaks that no person of the state shall be destitute of the right to life and personal library. The right to life was protected by the law under the fundamental right. No restrictions were on the citizen of the country, everyone has the right to life under the Constitution. The human rights provided people’s good life under the right to life and personal library. If was restricted to enjoy his freedom by some unlawful action of government the he have rights to investigate against the action.

The most important part of the constitution was fundamental rights and in it elaborates exploitation of human rights as written in the other constitution of the world. The provision constitution provided a broad declaration of fundamental rights which is necessary for the full development of personality of individual. The aimed of these fundamental rights is to establish such law to welfare of the citizen. The purpose of establishing the fundamental rights is to protect the rights and liberties of the peoples. Human development is moral basic principles that explain the standard of human and it protect their natural and legal rights.

 Article 21 [1]now safeguard the right to life and personal liberty of citizens and not only from managerial action but from the parliamentary action also.

If two conditions compiled then a person can be deprived of his life and personal liberty:-

  1. There must be a law.
  2. There must be a procedure prescribed by law, provided that the procedure is just fair and reasonable.    

Article 21[2] held to the heart of the constitution. It’s give a different way of protecting the fundamental right of life. Without the fundamental right to life we cannot live as human being and included all those aspects of life. The rights of life makes the life meaningful, complete, and worth living. The right to life and personal liberty makes the citizens life to live freely without any interference of the government. There are many fundamental rights which was making to the development or to increasing the living standard of citizens. This right was not conflict to the fullest things of humans but with the judicial action.

 In the place of the rule of man, a human being has established the rule of law of constitution to protect the right of life and liberty of citizens. The state has been very inception to protect and safeguard of such fundamental rights. These rights was accepted and adopted by the citizen of the state for development of their living life. The right to life and liberty find its place in Article 3[3] of human right that speaks “everyone has the right to life, liberty, and security of person”.

Under Article 21 of the constitution of India interoperated the right to life and personal liberty of citizens in Maneka Gandhi’s[4] case has explain all the perception of the right to life.

For the development of human personality it is necessary to benefit the right to life and liberty. In the democratic state it id the basic human right. The right to life and personal liberty of citizen is a back-bone of the human rights. Every citizen has a right to live freely and enjoy their freedom as there fundamental right. In the state without the laws and legal rights person cannot enjoy their freedom because in the modern era the humans was not honor each other’s action and interfere in there human rights and violate them.

So to get the solution of this problems man established some certain law which was found in the constitution. The right to life and personal liberty was the most precious fundamental right among all the human rights. The reason for this when the peoples attentive towards their right to life then there life become meaningful.

[1]Protection of life and personal liberty No person shall be deprived of his life or personal liberty except according to procedure established by law.

 

Article Three of the United States Constitution establishes the judicial branch of the federal government. Under Article Three, the judicial branch consists of the Supreme Court of the United States, as well as lower courts created by Congress.

[4]1978 AIR 597, 1978 SCR (2) 621

Right of education(21-A)

Education is one of the important part in each and every human life. If a person was educated he acquires knowledge, learns behavioral activities and methods to survive in the society. In simple manner, a person will be respected if he had some dignity in the society, and the only way to attain dignity and personality is educating himself. Education is a basic human right for all and is important for everyone to make the most of their lives. Other human rights include the right to freedom from slavery or torture and to a fair trial.

Having an education helps people to access all of their other human rights. Education improves an individual’s chances in life and helps to tackle poverty. 

Education reduces poverty, decreases social inequalities, empowers women and helps each individual reach their full potential.

It also brings significant economic returns for a country and helps societies to achieve lasting peace and sustainable development. Education is key to achieving all other human rights. 

 After Independence only it was raised to great extent. According to the 86th Amendment Act 2002, right to education was justified under the Article 14 and 21 as a part of fundamental right guaranteed to all citizens.

Right to Education – Article 21(A):
This article says state shall provide free and compulsory education to all children of the age of six to fourteen years.

The Right of Children to Free and Compulsory Education (RTE) Act, 2009, which represents the consequential legislation envisaged under Article 21-A, means that every child has a right to full time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms and standards.

Article 21-A and the RTE Act came into effect on 1 April 2010. The title of the RTE Act incorporates the words ‘free and compulsory’. ‘Free education’ means that no child, other than a child who has been admitted by his or her parents to a school which is not supported by the appropriate Government, shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education.

The administration activities in educational department in India was not much active. It must be developed by the proper planning by the executives. Though it was planned it does not exercise it properly, due to the corrupted hands in administration level. This situation must be deserted to the development of India in education system.

Every person is entitled to a quality education without discrimination, which means:

  • A compulsory free primary school education for every child
  • Secondary school (including technical training) must be available to everyone – states must work towards providing this for free
  • Higher education must be equally accessible, with countries working towards the goal of making this free
  • Fundamental education for those who missed out on primary school should be encouraged and available

It also means parents have the right to choose schools for their children and for individuals and organizations to set up schools that meet minimum standards.

Governments must provide good quality education and make sure all children can access it, without discrimination.

This is an international legal obligation and governments can be held accountable for failing to provide education for all its citizens.

Governments have to make sure all children can get the education they are entitled to by doing the following:

  • Removing anything that prevents access to quality education, such as repealing laws that cause discrimination
  • Preventing individuals or groups from stopping children from being educated
  • Taking steps to make sure children can get a quality education – this could include building schools or training teachers

The prominent organizations around the world striving for promotion of Right to Education are:
1. United Nations Educational, Scientific and Cultural Organization (UNESCO)
2. United Nation Children’s Fund (UNICEF)
3. World Bank
4. International Labour Organization (ILO)

The child is a soul with a being, a nature and capacities of its own, who must be helped to find them, to grow into their maturity, into a fullness of physical and vital energy.

Every generation looks up to the next generation with the hope that they shall build up a nation better than the present. Therefore education which empowers the future generation should always be the main concern for any nation. It is now an undisputed fact that right to education can be realized on a national level only through compulsory education.