LST 12- HUMAN RIGHTS

Veerarjun comes to arrest Ms. Jyotin, "You are under arrest and I won't tell you the grounds of arrest."

Is there a breach of any Fundamental Right?

• No, he is a police officer and can arrest her.

• Yes, because he can deprive her of her personal liberty (Art 21)

• Yes, under Article 22 he has to tell her the grounds of arrest.

• No, because she has committed an offence.

Pramod Gupta has been languishingin Tihar Jail awaiting the death penalty for 6 years.

Ms. Simran, a Human Rights activist suggests to him that

• he should escape from the prison.

• he cannot do anything as he has awarded the death punishment.

• there has been no violation of his rights.

• he can appeal to the Court since more than 5 years have lapsed since the award of his sentence.

In Ms. Suhani's neighbourhood, there is blatant imparting of religious instruction in an educational institution.

Ms. Suhani objects because

• she is a secular person.

• there can be no religious imparting in a State owned school.

• because there can be no religious education in any school in the country.

• she is a public authority.

Jennie is a highly qualified software engineer. She applies for a post in an IT Company located in Noida.

Her application is rejected on the grounds that she is a young girl. She can/cannot file a case

• because there is a violation of her FRs.

• because her application has been rejected on the grounds that she is a woman.

• Because she cannot be stopped from applying in a public or state owned company on the grounds of her gender (Art ____-)

• because she is over-qualified.

Ms. Anshrutha gets to know that many children are employed in a factory preparing dynamite.

As a concerned and public-spirited citizen, she files a PIL in the High Court. Her petition

• will be rejected because she is not related to the children.

• will not be accepted because it is a privately owned company.

• will be accepted because a violation of Fundamental Right is enforceable against private individuals as well.

• will not be accepted because it is not a 'State'.

Simran states that Article 29-30 apply to all minorities including religious ones.

Anshrutha and Simran argue over this.

• Anshrutha says that only minorities with a distinct culture, language or script have he right to conserve it.

• Anshrutha then changes her mind and says that it is not Articles 29-30 but 25-30.

• Simran further adds that it can apply to even tribals.

Vanya and Veerarjun hotly debate over reservation of jobs in educational institutions. Others join in and offer their opinion.

Who is right?

• Vanya asserts that this violates the Equality Clause (Articles 14-16)

• Suhani opines that the state can make reservations according to Article 16.

• Simran suggests that this is justifiable only if the State makes reservations for STs/Scs and other disadvantaged sections of society.

• Veerarjun says that this violates Article 21-A

Jennie knows that our Constitution provides human rights even to criminals under

• Article 21

• Article 20-A

• Article 22

• Article 20

Veerarjun and Jyotin ma'am enlist grounds on which reasonable restrictions can be imposed under Article 19. Catch is one of the grounds is wrong. Spot it.

• Threat to family peace and order

• Contempt of Court

• Threat to integrity of the country

• Incitement to violence or an offence

Jennie, Vanya, and Anshrutha believe that they can invoke Article 32 for anything relating to Fundamental Rights.

In which situation does this Article not apply?

• There is breach of Article 23.

• A person has to file a PIL in the Supreme Court.

• There is a case of alleged violation against a senior police officer.

• There is a criminal charge against a public authority.