Types of NGOs based on Legal Mandates and Constitution

By Kavita Dehalwar

NGOs can also be classified based on their legal structure, constitution, and mandates. The legal framework under which an NGO operates can influence its organizational structure, funding sources, and activities. Here are different types of NGOs based on their constitution and legal mandates:

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Community-Based Organizations (CBOs):
- Constitution: Typically informal, with a focus on community-driven initiatives.
- Legal Mandate: Often registered at the local level, emphasizing community development and engagement.
Nonprofit Organizations:
- Constitution: Governed by a board of directors or trustees.
- Legal Mandate: Registered under specific nonprofit or charity laws, with a focus on serving the public good.
Trusts:
- Constitution: Governed by a trust deed that outlines the objectives and management structure.
- Legal Mandate: Operates as a legal entity, managed by trustees for charitable or beneficial purposes.
Foundations:
- Constitution: Governed by a foundation charter or constitution.
- Legal Mandate: Typically established for philanthropic purposes, with a focus on grantmaking and supporting charitable causes.
Associations:
- Constitution: Governed by articles of association or bylaws.
- Legal Mandate: Formed by individuals or organizations with common interests to achieve specific social, cultural, or economic goals.
Cooperatives:
- Constitution: Governed by cooperative bylaws.
- Legal Mandate: Formed by individuals with shared economic goals, emphasizing democratic ownership and control.
International NGOs (INGOs):
- Constitution: Governed by international agreements or charters.
- Legal Mandate: Operates across borders, often registered under the laws of the country where they are headquartered or established.
Advocacy Organizations:
- Constitution: Emphasizes advocacy goals in its founding documents.
- Legal Mandate: Focuses on influencing policies and legislation to promote specific causes or interests.
Social Enterprises:
- Constitution: May take various legal forms, often incorporating both profit and social impact goals.
- Legal Mandate: Balances financial sustainability with social or environmental impact, operating for a dual bottom line.
Professional Associations:
- Constitution: Governed by bylaws or articles of association.
- Legal Mandate: Represents the interests of professionals in a specific field, often providing support, standards, and advocacy.
Religious NGOs:
- Constitution: Guided by religious principles or doctrines.
- Legal Mandate: Operates based on religious beliefs, providing charitable services and community support.
Government-Organized NGOs (GONGOs):
- Constitution: May resemble an NGO but is initiated or controlled by a government entity.
- Legal Mandate: Works in collaboration with or under the influence of the government, often to implement specific programs or policies.

Here’s a table with examples of NGOs across various sectors based on their areas of focus:

Type of NGO	Examples
Human Rights NGOs	Amnesty International, Human Rights Watch
Environmental NGOs	Greenpeace, World Wildlife Fund (WWF)
Health NGOs	Médecins Sans Frontières (Doctors Without Borders), Partners In Health
Development NGOs	Oxfam, CARE International
Education NGOs	Teach For All, Room to Read
Emergency Relief NGOs	International Federation of Red Cross and Red Crescent Societies (IFRC), Médecins du Monde (Doctors of the World)
Gender and Women’s Rights NGOs	UN Women, Women’s International League for Peace and Freedom (WILPF)
Animal Rights NGOs	PETA (People for the Ethical Treatment of Animals), World Animal Protection
Cultural NGOs	UNESCO, National Trust for Historic Preservation
Advocacy and Lobbying NGOs	Transparency International, Human Rights Campaign
Research and Policy NGOs	Brookings Institution, Center for Global Development
Social Services NGOs	Save the Children, International Rescue Committee
Community-Based Organizations (CBOs)	Self-Employed Women’s Association (SEWA), Kibera Community Development Agenda (KCODA)
Nonprofit Organizations	The Salvation Army, Médecins du Monde (Doctors of the World)
Trusts	Tata Trusts, Ford Foundation
Foundations	Bill & Melinda Gates Foundation, Rockefeller Foundation
Associations	American Cancer Society, International Federation of Red Cross and Red Crescent Societies (IFRC)
Cooperatives	Fair Trade Certified, Organic Valley
International NGOs (INGOs)	World Food Programme (WFP), Médecins Sans Frontières (Doctors Without Borders)
Advocacy Organizations	Human Rights Campaign, Greenpeace
Social Enterprises	Grameen Bank, TOMS Shoes
Professional Associations	American Bar Association, World Medical Association
Religious NGOs	World Vision, Islamic Relief Worldwide
Government-Organized NGOs (GONGOs)	China Association for NGO Cooperation (CANGO), Vietnam Union of Friendship Organizations (VUFO)

Please note that the list is not exhaustive, and there are many more NGOs globally, each contributing to different causes and sectors.

Understanding the legal structure and mandates of NGOs is crucial for effective governance, accountability, and compliance with local regulations. The specific legal framework can vary significantly from country to country, shaping the way NGOs operate and fulfill their missions.

References

Bebbington, A. J., Hickey, S., & Mitlin, D. C. (Eds.). (2008). Can NGOs make a difference?: the challenge of development alternatives. Bloomsbury Publishing.

Clarke, G. (1998). Non‐governmental organizations (NGOs) and politics in the developing world. Political studies, 46(1), 36-52.

Dehalwar, K. The Slums of Bhopal: A Tale of Struggle and Resilience.

Ebrahim, A. (2003). Accountability in practice: Mechanisms for NGOs. World development, 31(5), 813-829.

Mercer, C. (2002). NGOs, civil society and democratization: a critical review of the literature. Progress in development studies, 2(1), 5-22.

Mitlin, D., Hickey, S., & Bebbington, A. (2007). Reclaiming development? NGOs and the challenge of alternatives. World development, 35(10), 1699-1720.

Raustiala, K. (1997). States, NGOs, and international environmental institutions. International Studies Quarterly, 41(4), 719-740.

Sharma, S. N. (2014). Fate of Rural Sanitation Scheme. International Journal of Research (IJR), 1(2).

Sharma, S. N. The Complex Reality of Delhi’s Slums: A Closer Look at Urban Informality.

An Insight into Public Space and Women in India

By Kavita Dehalwar

This article delves into the complex relationship between women and public space in India. It explores the historical context, cultural influences, and contemporary challenges that shape women’s experiences in public spaces. Drawing on academic research, governmental reports, and advocacy literature, this article aims to shed light on the various issues women face and the potential solutions to create more inclusive and safe public spaces.

Introduction:

Public spaces are vital components of any society, providing arenas for social interaction, economic activities, and cultural expression. However, women’s experiences in public spaces can be profoundly shaped by cultural norms, historical factors, and social expectations. This article examines the multifaceted nature of women’s engagement with public spaces in India, drawing on academic studies, government reports, and advocacy literature.

Historical Context:

To understand the present dynamics, it is crucial to examine the historical context. India’s rich history is marked by patriarchal structures and gender-based hierarchies that have influenced societal attitudes towards women’s mobility and presence in public spaces. Cultural norms, religious beliefs, and traditional gender roles have collectively contributed to shaping the expectations around women’s behavior in public.

Research Findings:

Numerous studies highlight the challenges women face in public spaces in India. A study conducted by [Author et al., Year] found that street harassment is a pervasive issue, with a significant number of women reporting experiences of verbal abuse, unwanted advances, and intimidation. Another study by [Author et al., Year] examined the impact of public transportation on women’s mobility, revealing concerns about safety, harassment, and lack of gender-sensitive infrastructure.

The study by Sharma (2014) titled “Urban forms in planning and design” provides insights into the intricate relationship between urban planning and the design of public spaces. Sharma emphasizes the importance of understanding urban forms in shaping the environment and influencing social interactions. This perspective is crucial when examining the challenges faced by women in public spaces, as the design and planning of urban areas play a significant role in creating safe and inclusive environments.

Dehalwar (Year) expands on the dynamics of peri-urban areas, highlighting the interface between urban and rural realms. Understanding the characteristics of peri-urban spaces is essential when exploring women’s safety in areas undergoing rapid urbanization. This aligns with Mahadevia and Lathia’s (2019) study on women’s safety and public spaces, which specifically focuses on the Sabarmati riverfront in India. The lessons drawn from this case study contribute to the broader discourse on urban planning and women’s safety.

Chhibber’s (2002) research delves into the political participation of women in India, emphasizing the role of the household and public space. The findings underscore the interconnectedness of private and public spheres, indicating that the challenges women face in public spaces are intertwined with broader socio-political dynamics. This perspective is reinforced by Fernandes (1997), who explores the intersections of gender, family, and working-class politics in India, providing a holistic understanding of women’s experiences.

Roy and Bailey’s (2021) study on safety, public space, and the male gaze in Kolkata contributes to the analysis by addressing the nuanced ways in which women negotiate safety. The study recognizes the impact of societal perceptions and the male gaze on women’s experiences in public spaces, adding a cultural dimension to the discourse.

Arefi and Meyers (2003) provide a theoretical perspective on what constitutes “public” in public space, drawing from the case of Visakhapatnam, India. This theoretical framework is relevant when examining the challenges women face in claiming their space within the public realm. The definition of public space and its accessibility are critical elements influencing women’s sense of safety and inclusion.

Government Initiatives:

Recognizing the need for safer public spaces, the Indian government has implemented various initiatives to address the issues faced by women. The “Safe City” projects in cities like Delhi and Mumbai aim to enhance security through increased surveillance, better street lighting, and the deployment of female police officers. However, the effectiveness of these initiatives remains a subject of debate, with critics pointing out the need for a more comprehensive and nuanced approach.

Challenges and Solutions:

While progress has been made, significant challenges persist. Cultural norms, inadequate law enforcement, and the lack of gender-sensitive urban planning continue to hinder women’s full participation in public life. Solutions require a multi-pronged approach, encompassing legal reforms, community engagement, and the integration of gender perspectives in urban planning. Additionally, fostering a cultural shift through education and awareness campaigns is crucial to challenging ingrained stereotypes and prejudices.

Conclusion:

In conclusion, the analysis of these diverse studies underscores the importance of a multidisciplinary approach when exploring women’s experiences in public spaces in India. Urban forms, political dynamics, cultural perceptions, and the interplay between private and public realms are integral components that shape the challenges and opportunities for women in the public sphere. Addressing these complexities requires collaborative efforts from urban planners, policymakers, sociologists, and activists to create safer and more inclusive public spaces for women in India. The relationship between women and public spaces in India is a complex interplay of historical, cultural, and contemporary factors. While challenges persist, ongoing efforts by the government, civil society, and grassroots organizations offer hope for positive change. By acknowledging the multifaceted nature of the issue and implementing comprehensive solutions, India can work towards creating more inclusive and safe public spaces for women.

References:

Arefi, M., & Meyers, W. R. (2003). What is public about public space: The case of Visakhapatnam, India. Cities, 20(5), 331-339.

Chhibber, P. (2002). Why are some women politically active? The household, public space, and political participation in India. International Journal of Comparative Sociology, 43(3-5), 409-429.

Dehalwar, K. Understanding the Dynamics of Peri-Urban Areas: Navigating the Interface Between Urban and Rural Realms.

Dehalwar, K., & Sharma, S. N. (2023). Fundamentals of Research Writing and Uses of Research Methodologies.

Fernandes, L. (1997). Beyond public spaces and private spheres: gender, family, and Working-class politics in India. Feminist studies, 23(3), 525-547.

Mahadevia, D., & Lathia, S. (2019). Women’s safety and public spaces: Lessons from the Sabarmati riverfront, India. Urban Planning, 4(2), 154-168.

Roy, S., & Bailey, A. (2021). Safe in the City? Negotiating safety, public space and the male gaze in Kolkata, India. Cities, 117, 103321.

Sharma, S. N. (2014). Urban forms in planning and design. International Journal of Research, 1(1), 7-16.

Sharma, S. N. (2016). Introduction to Sociology. New Perspectives in Sociology and Allied Fields, 1.

Decoding Kenya’s police brutality and the core reasons behind it.

In February 2021, there was a brutal police attack in one of the informal settlements of Kenya called Mathara. A cop shot one of the teenagers, Dominic Kulema, leaving him severely injured. He ran inside a youth centre to save himself. He pleaded to the police for his life with his hands raised. But, the Police forced him out of the building and killed him. This story hardly made it to any news whatsoever. This is part of a normalised pattern that exists in the informal settlements of Kenya. Police kill a lot of young people without any criminal background because they think it is “morally right”.

In 2020, A total number of 167 people were killed or misplaced according to missing voices Kenya (Human rights organisation that tracks extrajudicial killings). Despite well-funded police reforms launched by the government, this brutal practise has not stopped. Some anthropologists are trying to find the grassroots reasons for these activities and it dates back to colonialism. It is also a moral conflict country like Kenya. Police kill young people because they think it is morally right to do.

The foundations of the social division and brutal police system were laid in the first few decades of its existence. In 1899, Great Britain established the settlement as a rail depot between the port of Mombasa and the Nile River. Nairobi was named the capital of Britain’s east Africa protectorate. The European settlers started to capture the better lands of the settlement and left the unhygienic and disease-prone areas for the African workers and localities. They never developed the basic infrastructure that was needed in this settlement.

In 1920, Kenya was declared an official colony, the British also established the Kenyan police force in the same year. African men were required to wear a box around their neck with their name, tribe and employer written on it. These police forces monitored their movement within the city. Administrators had the power to evict or expel African workers which basically means they had the power to kill them.

In the 1950s, The Kenya Land and Freedom Army, comprised of landless Africans gathered and fought for their lost lands, terrorising white settlers. Seeing this, the Administration enlisted a Home Guard, comprised of native Africans working for the colonial government and were fully given the authority to enforce the law and they did that very brutality. It was later formalised as administration police (AP).

A group of African people hired by the colonial government.

This dual system existed even after independence in 1963. In 2019, the AP was absorbed by the Kenya police force. While AP conducted raids, the police force was focused on more day-to-day policing of the affluent areas in Kenya.

Kenya is not the only country that deals with dual law practising. In the united states of America, some people are treated democratically while some minorities are treated harshly.

The day Kulema died, his friend collins witnessed everything and immediately approached the Mathare social justice centre (MSJC), a ray of hope in the doomed land of Kenya. It was co-founded by anthropologist Kimari. MSJC has been trying to track this kind of story for years. They rely upon local community sources like collins. They released their first report of epidemic killings in Nairobi in 2017. Kinnari calls this “ A systematic annihilation of young people “. In February 2021, MSJC reported 14 killings of young people. These brutal police forces also target the families of young people.

They perform female genital mutilation which is just beyond being inhuman.

Organisations like MSJC have made people in Mathara realise their need for basic human rights. It has made people come together and fight for each other. A supporter of MSJC said and I quote “their power vanishes the moment we stop fearing “. Due to the active voice raised by this organisation, the killings have decreased and women are safer now. There is a visible fear in the police’s minds about killing more people. While this is a huge fight, we can already see small changes in place due to the efforts of organisations like these.

Reference – https://www.sapiens.org › cultureWhat Kenya’s Killer Cops Reveal About Police Culture – Sapiens.org

HUMAN RIGHTS IN INDIA

Human rights day celebrated in 10th December.The National Human Rights Commission of India defines human rights as provided under the Protection of Human Rights Act (PHRA), 1993, as Rights Relating To Life, liberty, equality and dignity of the individual guaranteed by the constitution or embodied in the international covenants and enforceable by courts in India.Human Rights Day is observed on December 10 every year, since it was on this very day in 1948 that the United Nations General Assembly (UNGA) adopted the Universal Declaration of Human Rights, a milestone document that enshrines the rights and freedoms of all human beings.The international document also commits nations to recognise all humans as being “born free and equal in dignity and rights” regardless of “nationality, place of residence, gender, national or ethnic origin, colour, religion, language, or any other status

7 human rights in India:-

* Origins.

* Significance and characteristics.

* Right to equality.

* Right to freedom.

* Right against exploitation.

* Right to freedom of religion.

* Right to life.

* Cultural and educational rights.

An Act to provide for the constitution of a National Human Rights Commission, State Human Rights Commissions in States and Human Rights Courts for better protection of human rights and for matters connected therewith or incidental thereto. Ministry: Ministry of Home Affairs. Department: Department of States.Protection of human rights is essential for the development of the people of the country, which ultimately leads to development of the national as a whole. The Constitution of India guarantees basic human rights to each and every citizen of the country.The Constitution of India guarantees to all Indian women equality (Article 14), no discrimination by the State (Article 15(1)), equality of opportunity (Article 16), equal pay for equal work (Article 39(d)) and Article 42.

Human rights are important because no one should be abused or discriminated against, and because everyone should have the chance to develop their talents. Unfortunately, many people around the world don’t have these basic rights and freedoms.It is constitutional mandate of judiciary to protect human rights of the citizens. Supreme Court and High Courts are empowered to take action to enforce these rights. Machinery for redress is provided under Articles 32 and 226 of the constitution.

The most significant human rights issues included police and security force abuses, such as extrajudicial killings, disappearances, torture, arbitrary arrest and detention, rape, harsh and life-threatening prison conditions, and lengthy pretrial detention.

In India, a child has the right to be protected from neglect, exploitation, and abuse at home and elsewhere. Children have the right to be protected from the incidence of abuse, exploitation, violence, neglect, commercial sexual exploitation, trafficking, child labour, and harmful traditional practices.

The end…

HUMAN RIGHTS IN INDIA

7 human rights in India:-

* Origins.

* Significance and characteristics.

* Right to equality.

* Right to freedom.

* Right against exploitation.

* Right to freedom of religion.

* Right to life.

* Cultural and educational rights.

An Act to provide for the constitution of a National Human Rights Commission, State Human Rights Commissions in States and Human Rights Courts for better protection of human rights and for matters connected therewith or incidental thereto. Ministry: Ministry of Home Affairs. Department: Department of States.Protection of human rights is essential for the development of the people of the country, which ultimately leads to development of the national as a whole. The Constitution of India guarantees basic human rights to each and every citizen of the country.The Constitution of India guarantees to all Indian women equality (Article 14), no discrimination by the State (Article 15(1)), equality of opportunity (Article 16), equal pay for equal work (Article 39(d)) and Article 42.

Human rights are important because no one should be abused or discriminated against, and because everyone should have the chance to develop their talents. Unfortunately, many people around the world don’t have these basic rights and freedoms.It is constitutional mandate of judiciary to protect human rights of the citizens. Supreme Court and High Courts are empowered to take action to enforce these rights. Machinery for redress is provided under Articles 32 and 226 of the constitution.

The most significant human rights issues included police and security force abuses, such as extrajudicial killings, disappearances, torture, arbitrary arrest and detention, rape, harsh and life-threatening prison conditions, and lengthy pretrial detention.

In India, a child has the right to be protected from neglect, exploitation, and abuse at home and elsewhere. Children have the right to be protected from the incidence of abuse, exploitation, violence, neglect, commercial sexual exploitation, trafficking, child labour, and harmful traditional practices.

PLIGHT OF WOMEN IN AFGHANISTAN

BY DAKSHITA NAITHANI

The Afghan women, maybe more than anybody else, have dreaded the Taliban’s return. There have been many advances in women’s rights over the last 20 years, which appear to be set to erase nearly overnight.

A quick lesson from history…

The Taliban, a political and military force, is said to have started in Islamic schools in Northern Pakistan in the early 1990s. Its aim was to restore order in Afghanistan following the withdrawal of Soviet troops in 1989, as well as to impose a harsh form of Sharia law. By 1998, the organisation had seized 90% of Afghanistan’s territory.

Once in control, the organisation garnered worldwide condemnation for a slew of human-rights violations. The ban on female education above the age of ten as well as harsh limitations on day-to-day liberties, were among the stringent mores imposed on women and its influence has frequently threatened to expand beyond, to places like Pakistan, where the organisation memorably shot teenager Malala Yousafzai in 2012. Women were treated worse than at any previous period or by any other culture throughout its rule (1996–2001). They were prohibited from working, leaving the house without a male escort, seeking medical assistance from a male doctor, and being compelled to cover themselves from head to toe, including their eyes. Women who had previously worked as physicians and teachers were compelled to become beggars or even prostitutes in order to feed their families during the Taliban’s rule.

Following the 9/11 attacks, it was thought that the Taliban were harbouring Al-Qaeda soldiers, thus an US-led international operation was started against Afghanistan. As a consequence, the Taliban were deposed from power, an Afghan government was established, and soldiers occupied the country for 20 years. It destabilised several regions of the nation due to battles with US and UK forces on a regular basis, and Afghan people were continued to be assaulted. Many would agree that the political and cultural status of Afghan women had improved significantly since the Taliban’s collapse in late 2001.

The Bush administration’s acceptance of women’s rights and empowerment as rationale for its assault on the Taliban is long gone. So it was under the Barack Obama administration, when then-Secretary of State Hillary Clinton stated that the Taliban’s repudiation of al-Qaida and promise to support the Afghan constitution and safeguard women’s rights were preconditions for US discussions with them. The rejection of al-Qaida has yet to be declared openly and publicly less than 10 years later; the constitutional order and women’s rights are still subject to intra-Afghan talks and will be influenced by the changing balance of military power.

In February 2020, US-Taliban peace talks were concluded, with the US pledging a quiet departure in exchange for an end to hostilities. Afghan leaders and top military generals have warned that the government will collapse without foreign assistance. It looks like the worst has transpired only weeks before Biden’s deadline of September 11th.

The Taliban rule wreaked havoc on the institutions and the economy, which had already been ravaged by decades of conflict and the Soviet scorched-earth counterinsurgency policy.

The post-Taliban constitution of 2004 granted Afghan women a wide range of rights, and the political epoch brought social and economic progress, which greatly improved the socioeconomic situation. From a crumbling health-care system with almost no healthcare available to women during the Taliban years, the post regime built 3,135 functional facilities by 2018, giving more than 80 percent of Afghans access to a medical facility within two hours’ drive.

Less than 10% of females were enrolled in elementary schools in 2003; by 2017, that figure had risen to 33%, while female secondary school attendance increased from 6% to 39%. As a result, 3.5 million Afghan females were enrolled in education, with 100,000 of them enrolled in academic institutions. Women’s life expectancy increased from 56 to 66 years in 2017 and maternal mortality fell from 1,100 per 100,000 live births in 2000 to 396 per 100,000 in 2015. By 2020, women made up 21% of Afghan public workers, including 16% of top management positions, and 27% of Afghan parliamentarians.

These benefits for women have been dispersed inequitably, with women in metropolitan areas benefiting considerably more than women in rural regions. Despite formal legal empowerment, life for many rural women has not improved much since the Taliban era, notably in Pashtun regions but also among other rural minority groups. Many Afghan males are staunch conservatives. Families often let their daughters to complete a primary or secondary education before proceeding with planned marriages. The burqa is worn by the majority of Afghan women in rural regions without any pushing from the Taliban.

What is the situation for women in Afghanistan now?

Women’s rights in Afghan had arguably maintained pace with many other Western countries prior to the 1970s. Women were granted the right to vote in 1919, one year after women in the United Kingdom. In the 1950s, gender segregation was eliminated, and in the 1960s, a constitution was enacted that included women in political life. As the region became more unstable in the 1970s, these rights were steadily eroded.

Only 38% of the international humanitarian response plan for Afghanistan is financed as of August 2021. This gap might result in the loss of specialised protection services for 1.2 million children, putting them at risk of abuse, recruitment, child labour, early and forced marriages, and sex abuse. About 1.4 million females, many of whom are survivors of domestic abuse, would be left without access to safe spaces where they may receive full care.

Females, who have experienced life with rights and freedoms, are among the most exposed as a result of the Taliban’s fast progress in Afghanistan. As the Taliban capture control of Kabul, they risk losing their hard-won achievements.

Those cries for aid may be too late as the capital city falls into the clutches of Islamist rebels. There have been several stories of the Taliban going door-to-door and compiling a list of women and girls aged 12 to 45 who are then compelled to marry Taliban warriors. Women are told that they cannot leave the house without a male escort, that they cannot work or study, and that they cannot wear anything they want. Schools are also being shuttered.

There is a lot to lose for a whole generation of Afghan women who entered public life – legislators, journalists, local governors, physicians, nurses, teachers, and public administrators. While they worked alongside male colleagues and in communities that were unfamiliar with people in positions of power to help establish a truly democratic civil society, they also wanted to pave the way for future generations to follow in their footsteps.

The Taliban offers itself a broad range of possibilities by claiming that they will “protect” women’s rights under sharia but refusing to explain how women’s rights and life in Afghanistan will alter if they achieve their goals. Even if the government did not openly adopt as cruel a system for women as in the 1990s, the Taliban’s dispositions are quite likely to undermine women’s rights, impose cultural prohibitions on women, and reduce socio-economic possibilities for them.

In summary, even with this change in behaviour, the Taliban in power would almost certainly strive to curtail Afghan women’s legal rights, exacerbating their social, economic, and political circumstances. How much and in what manner, is the question.

Constitution of india

Rules are important whether in sports or life. A game of cricket or football can’t be played without rules.

A game with no rules in force will finally end in chaos and disturbance. So is true with the society and the country as well.

A country also needs to be governed by definite rules, that all of its citizens and government institutions must follow, to maintain order and discipline.

There has to be a definite way in which democratic elections are conducted; the powers of the judiciary, executive, and the legislative; powers vested in states and union; fundamental privileges are given to the citizens, etc all are defined in the constitution.

When the Indian Constitution did come into effect?

What had been the Dominion of India became the Republic of India after the constitution came into effect. It replaced the Government of India Act 1935 as the principal governing document of the country.

Dr. Babasaheb Ambedkar, the Chairman of the constitution drafting committee, presented the draft constitution to the then President of India, Dr. Rajendra Prasad on 25th November 1949, subsequently it was adopted by the constituent assembly on 26th November.

The constitution of India came into force on the day when the final session of the constituent assembly was held on 26th January 1950.

Salient Features of Indian Constitution

The constitution of India has several salient or distinguishing features that separate it from the leagues of other constitutions around the world. The most distinguished and significant salient features of the Indian constitution are defined as under.

Longest handwritten constitution

The constitution of India is one of the lengthiest and most detailed constitutions of the world. The English version of the constitution has 117,369 words contained in 444 articles in 22 parts, 12 schedules, and 115 amendments as of 2020.

The lengthiness of the Indian constitution was necessitated by the diversity of India. The constitution became larger in order to accommodate several demographic differences of the state of India.

Parliamentary form of government

The constitution of India stipulates a bicameral legislature, that is, the power and authority are shared between two separate houses, in this case, Lok Sabha and Rajya Sabha.Opposite of bicameral is a unicameral legislature where only one house is present. In a bicameral setup debates and discussions play an important role in the passage of a bill.

A rigid and flexible constitution

The constitution of India is neither completely rigid nor flexible. A constitution is said to be rigid when it is difficult to make amendments, like the constitution of the United States.On the contrary, the constitution of India has been amended 103 times since it came into force, but all the amendments have to pass through definite tests and mandatory requirements.

The constitution of India is therefore considered a perfect blend of rigidity and flexibility.

The preamble to the constitution.

The preamble of the Indian constitution is its introductory paragraph that declares the constitution’ss fundamental philosophy and purpose.

It declares India to be a sovereign, socialist, secular, and democratic republic. It also states some objectives like, securing justice, liberty, and equality to all the citizens and promoting fraternity in order to maintain national unity and integrity.

Quasi-federal constitution

The constitution of India is quasi-federal because it combines the features of both the federal government and the unitary government.

The Supreme Court of India has also stated that India has a federal structure with a strong bias towards the center.

Federal features of the constitution are – supreme law, a bicameral legislature, dual government policy, a written constitution, a rigid constitution, independent judiciary, and revenue sharing.

On the other hand, unitary features of the constitution are – single constitution applicable to the union and states, unequal representation of states in the Rajya Sabha, the unequal division of power between the center and states, states depend on center, non-rigid constitution, unified judicial system and proclamation of emergency.

Fundamental rights and duties

The constitution of India describes the fundamental rights and duties of all the citizens of India irrespective of the states, region, religion, or ethnicity.

The seven fundamental rights provided by the constitution to every citizen are – right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, and right to constitutional remedies.

Fundamental duties are enshrined in the constitution to promote integrity. Some of the important fundamental duties are to uphold the sovereignty and unity of India, to preserve rich heritage, to safeguard public property, etc.

Directive principles of state policy

The directive principles of state policy are contained in Part IV of the Indian constitution. These are the sets of instructions meant for the states.

Basically, they constitute the instructions to the legislature and the executive that are mandatory to be followed whenever the state frames new legislation.

Adult suffrage

Adult suffrage means that any Indian citizen irrespective of gender, caste, or any other difference, has a right to vote to elect the government, provided that he or she is above 18 years of age.

This right is guaranteed by Article 326 of the constitution. Initially, the age of voting was 21 years but after the 61st amendment also called the Constitution Act 1988, it was amended to 18 years. However, the right to vote doesn’t apply to non-citizens, persons with unsound minds, or criminals.

Independent judiciary

The constitution of India has several provisions to ensure that the judiciary remains unbiased and independent.The Supreme Court of India acts as the caretaker of the constitution and ensures that its provisions are followed.Also, the courts at the state and district levels are out of the influence of bureaucracy or political governments.High courts in states directly function under the Supreme Court.

Secular State

The term ‘Secular’ in the constitution was added by the 42nd amendment in the Preamble.It was included to promote peace and harmony among different religious groups of India. Every citizen of India is free to follow the religion of his/her choice and it is obligatory for the government to ensure that his/her rights and privileges are protected.

Single Citizenship

Part II of the constitution from Article 5 to Article 11 deals with citizenship. According to it, all the citizens of India enjoy equal rights and privileges across the complete territory of India.In whatever state or Union Territory of India you may travel, you will enjoy similar rights and privileges as enjoyed in your home state.

Importance of Indian Constitution

The constitution is the supreme law that governs the country. The three pillars of democracy – the executive, the legislature, and the judiciary, functions as per the provisions provided in the constitution.

It guarantees the fundamental rights and duties of the citizens and ensures that India remains a secular state, which is important considering its religious and cultural diversity.

Without the constitution, the whole democratic setup would just crumble and rights and privileges could not be exercised.India is one of the world’s most successful democracies today because its people and the government religiously follow every word of the constitution.

Conclusion

At the core of the constitution is an idea to generate an equal and civilized society that is governed by principles and definite rules.

Like every game has its rule book, similarly, the constitution of India is also the rule book that dictates all the rules, regulations, powers, and privileges to effectively govern the country.

The state of Transgender People in India

The Central Government has informed the Kerala High Court that currently, transgender persons are not legally allowed to enter the National Cadet Corps and the armed forces. The Government also stated that it is their prerogative to create a new division for the third gender. In light of this statement, let us look at the rights afforded to transgender people under the law.

Which law protects the rights of transgender people?

In India, the Transgender Persons (Protection of Rights) Act, 2019 protects the rights of transgender persons and provides for their welfare.

Who is a transgender person?

A transgender person is any person whose gender does not match with the gender assigned to that person at birth. This includes:

A trans-man or trans-woman
A person with intersex variations
Any genderqueer person
People having socio-cultural identities such as kinner, hijra, aravani, jogta, etc.

Discrimination against transgender people

Educational institutions which are funded or recognised by the government must provide inclusive education and opportunities to transgender people under the law. These educational institutions are not allowed to discriminate against transgender people and have to treat them on an equal basis with other people.

No establishment should discriminate against any transgender person in matters relating to employment, including recruitment, promotion, etc. This applies to establishments including government bodies, companies, firms, cooperatives, associations, agencies, and other institutions.

Further, no person or establishment can discriminate against transgender people by denying them healthcare services. Transgender people cannot be denied access to goods, accommodation, benefits, opportunities, etc. that are available to the public. Moreover, no one can deny a transgender person’s right of movement and right to occupy or purchase any property.

Identity of transgender people

A transgender person has the right to be recognised as such a person, and has a right to self-perceived gender identity. Any transgender person can apply to the District Magistrate for issuing a certificate of identity as a transgender person. In the case of a minor child, the application should be made by the parent or guardian of the child.

The status of Transgenders in India

Transgenders do not enjoy a legal recognition in India like most of the Asian counterparts.
However, some states like Tamil Nadu, Kerala and Odisha recognise transgenders as the third gender.
The Transgender Persons (Protection of Rights) Bill, 2016, intended towards the protection of transgenders is yet to be passed.
The Bill defines a transgender person as one who is partly female or male; or a combination of female and male; or neither female nor male. In addition, the person’s gender must not match the gender assigned at birth.
The bill includes trans-men, trans-women, persons with intersex variations and gender-queers.

Punishment for offences

The law punishes anyone who:

Forces or convinces a transgender person to get involved in forced or bonded labour.
Obstructs a transgender person from having access to a public place to which other people have access.
Forces or causes a transgender person to leave a household, village, or other place of residence.
Injures or endangers the life, safety, health, or well-being of a transgender person.

The punishment for doing any of these acts is imprisonment of six months to two years, along with a fine.

HUMAN RIGHTS

Man, of course, even in natural state is born with certain rights. He has right to live. Even animals recognise this. But in a civilized society which we witness today and for which the man has spent thousands of years of his existence, witnesses abrogation and violation of his ordinary Human Rights. As civilisation advances, more disrespect is shown to human rights. We cannot confine this accusation to a particular country but to the whole world.’Amnesty International’, the universal supervisor, though not a silent spectator, has failed to achieve the targeted results.

Man is born free, but everywhere he is in chains. It is not a mere statement of psychological or philosophical nature. But today is material reality. Even in western civilisation like America ‘s great leaders like Lincoln and Martin Luther King who fought for the human rights of blacks in yesteryears fell victims to bullets. Racism has been an eyesore to any civilised society. Man would have better been in jungles.

If it is racism in western world, it is casteism in countries like India. It is appalling note that even today two – tumbler system exists in remote villages of India. As the whole system revolves around this vicious circle, violation of human rights is a everyday phenomenon in India.

Though the Indian Constitution clearly enunciates and defines the Fundamental Rights of citizens and their guardians, need has arisen to create extra-constitutional bodies to protect human rights. Human Rights Commission at National level and at State level have been created to deal with violation of human rights. The high-handedness of the police which is the enforcement body of laws, custody deaths, filing of cases under provisions not related to their pretty crimes committed to satisfy either their superiors or their political bosses have received condemnation from all quarters. The incidents in Tamil Nadu after May – 2008 elections, were subjected to wild criticism. The political vendetta and vengeance by political parties and their leaders are not healthy signs of democracy. Gone are the days when the policies and not individuals were subjected to valid criticisms.

As far as India is concerned, we have enough laws, but the violations arise only when they are implemented. To a large extent, though the violation of human rights can be traced to a large scale illiteracy prevailing in India, it can be safely concluded that the system of education practised in India does not emphasis much on human values. The system needs total revamping. Strict enforcement of law is the need of the hour but violation of human rights is strongly condemnable.

We are in a civilised democratic country. In the words of Churchill, ‘Democracy is the worst form of Government but, we do not know better than that’. Hence, what is required is ‘respect for human values’.

Right of equality(article-14 to 18)

The meaning of Equality before law which is defined under Article 14 of the Indian Constitution. It is one of the fundamental right.

Recently, the Citizenship (Amendment) Act, 2019 (CAA) has been implemented in India. This law provides Indian citizenship to the migrants of six religious communities of three countries.

The enactment of the CAA is opposed by many Indian citizens, citing the reasons that it has granted Indian citizenship to six religious communities on the basis of religion while a particular religious community is excluded. So it’s a clear cut violation of article 14. While other Indians think that CAA does not discriminate with others.

What are the Exceptions to Right to Equality:

It is not like that the ‘Rule of Equality’ applies thoroughly. There are some exceptions to this that is why it does not apply in case of these circumstances and individuals.

I. No criminal proceeding shall be initiated or continued against the President or the governor in any court during his/her term of office.

II. No court can issue an arrest warrant of the President or Government during his/her term of office.

III. No member of state Legislature (MLA) shall be liable to any proceeding in any court in respect of any statement or any vote given by him in the state Legislature.

IV. No member of parliament (MP) shall be liable to any proceeding in any court in respect of any statement or any vote given by him in the Parliament.

V. The United Nations and its agencies also have diplomatic immunity.

VI. Foreign (sovereign ruler), ambassadors and diplomatic persons will be free from criminal and civil cases.

Article 14 says that the State shall not deny to any person equality before the law or equal protection of the laws within the territory of India.

This means that every person, who lives within territory of India, has the equal right before the law. That equals will be treated equally.

This article constitutes of 2 parts, being:

1. Equality before law and

2. Equal protection of the laws.

Although both sound similar, they don’t mean the same. The word “Law” in the former expression is used in a genuine sense – a philosophical sense, whereas the word “Laws” in the latter expression denotes specific laws in force.

Article 15 says that the state shall not any discriminate against any citizen on ground only of religion, race, caste, sex, place of birth or any of them.

Article 16 guarantee equality of opportunity in matters of employment under the state. The right is available to citizens only.

Article 17 deals with a peculiar problem of our country. Howsoever praiseworthy the caste system in its origin might have been, it certainly proved to be a disgrace to humanity, a threat to unity and a serious hindrance to social, educational and economic progress of our country.

Article 18 Abolition of titles No title, not being a military or academic distinction, shall be conferred by the State No citizen of India shall accept any title from any foreign State No person who is not a citizen of India shall, while he holds any office of profit or trust under the State, accept without the consent of the President any title from any foreign State No person holding any office of profit or trust under the State shall, without the consent of the President, accept any present, emolument, or office of any kind from or under any foreign State Right to Freedom.

The Indian Constitution has granted the right to equality to all citizens. All are equal before the law and there can be no discrimination on the basis of religion, race, caste, gender, place of birth, etc.

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