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Fundamental Rights : Article 23 – 31

Fundamental Rights : Article 23 - 31

In earlier topic we talk about Fundamental Rights. There are 6 fundamental rights. following are the 6 fundamental right with their links.

Right Against Exploitation : Article 23 – 24

Article – 23 : Prohibition of Human Trafficking And Forced Labor

  1. Under this, illegal trade of human beings, bonded labour, forced labor and similar other forms of forced labor have been prohibited. The person violating this will be punished according to the law.
  2. According to this the State may impose compulsory service for public purposes and in doing so the State shall not discriminate on grounds only of religion, race, caste or class or any of them.
The Hon'ble Supreme Court has given a decision that getting prisoners or prisoners to work without proper remuneration would come under forced labor and it would be a violation of Article 23. Along with this, it is also the duty of the government to make arrangements for the rehabilitation of laborers by freeing them from bonded labour.

Article – 24 : Prohibition of Employment of Children In Factories etc.

This article is dedicated to prevent child labor and for the all-round development of children. According to this, any child below the age of 14 years is prohibited from working in a factory or mine, that is, they will not be forced to work in any dangerous or dangerous conditions.

Other Rights Related to Children: -

  • Article 15 (3) – Under this, the state can make any special provision for children and women. For example, establishment of institutions for the development and education of children, establishment of commission for protection of women, etc.
  • Article 21A - Under this, the state will make arrangements to provide free and compulsory primary education to children between the ages of 6 and 14. It was added by the 86th Constitutional Amendment in 2002.
  • Article 24 – Children below the age of 14 years are prohibited from working in factories or dangerous jobs.
  • Article 45 - It will be the duty of the state to take care of the child and provide education to the children below the age of 6 years. It was amended by the 86th Constitutional Amendment in 2002.
  • Article 350A – Under this, education will be made available in the mother tongue at the primary level.

Right to Freedom of Religion : Articles 25 – 28

Article – 25 : Freedom of Conscience And Free to Profess, Practice And Propagate Religion

According to this, all people have been given freedom of conscience, freedom to believe, practice and spread their religion without any hindrance. It is important to note here that there is no forceful conversion of any person under the promotion of religion. It will be a punishable offense and proper law can be made by the state on this. But in the public interest reasonable restriction can be imposed on it.
  • (a) empowers the State to regulate any economic, financial, political or other secular activities related to religious practice. Also 
  • (b) provide for the opening of religious institutions of Hindus to all classes and sections of Hindus for social welfare and reform.
In Article 25 itself, two clarifications have also been given which are related to religion –

  1. First Explanation : According to this, wearing a saber and carrying it will be considered as a part of those who believe in Sikhism.
  2. Second Explanation : According to this, the meaning of Hindu religion is the people who believe in Hindu, Sikh, Jain and Buddhist religions.

Article – 26 : Freedom to Manage Religious Affairs

Under this, any religious community or any section thereof, subject to public order, morality and health, shall have the freedom to do the following:
  1. Right to establish and run or maintain institutions for religious and charitable purposes.
  2. Right to manage religious related works.
  3. Right to acquire and own movable (movable) and immovable (immovable) property.
  4. Right to administer such acquired property according to law.

Article – 27 : Freedom Regarding Payment of Taxes or Freedom Not to Pay Taxes For Promotion of a Particular Religion

According to this, no person shall be compelled to pay any tax for the promotion or maintenance of any particular religion.

Article – 28 : Freedom to Attend Religious Education or Religious Worship In Educational Institutions

  • No religious instruction shall be imparted in any educational institution funded by the State Fund.
  • Provided that the above will not be applicable if such an institution is administered by the state but it has been established under a religious trust and it is mandatory to impart religious education according to the trust.
  • No person attending any educational institution recognized by the State or receiving aid out of State funds shall be compelled to take part in religious instruction or religious worship unless he has given his consent for the same.

Rights Related to Culture And Education : Articles 29 – 30

Article – 29 : Protection Of Interests Of Minorities – Classes

  1. Under this, Indian citizens (both minority and majority) will have the right to maintain their special language, script or culture within the territory of India.
  2. According to this, no citizen can be denied admission in any state educational institution or state-aided educational institution on the basis of religion, race, caste, language or any of these.

Article – 30 : Education – Right of Minorities to Establish And Administer Institutions

  1. According to this, all minorities based on religion or language will have the right to establish and administer educational institutions of their choice. Under this, Article 30 (1A) was added by the 44th Constitutional Amendment Act, 1978, according to which, if the property of any educational institution established and governed by minorities is compulsorily acquired, then the state will give proper and adequate compensation to it. will be given
  2. The State shall not discriminate in granting aid to educational institutions on the ground that those institutions are under the management of any minority class based on religion or language.

Article – 31 : Compulsory Acquisition Of Property

This fundamental right has been repealed or abolished by the 44th Constitutional Amendment Act 1978. Now it is a legal right which has been kept under Article – 300 (A) in Part – 12, Chapter – 4 of the Constitution. But articles 31A, 31B, 31C and 31D still remain part of the fundamental rights.

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