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Essay on India For Students and Children

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The Fundamental Rights in India enshrined in part III Article of the Constitution of India guarantee civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. If the rights provided by Sand dunes coursework especially the Fundamental rights are violated the Supreme Law and order in india essay and the High Courts can issue writs under Articles 32 and of the Constitution, respectively, directing the State Machinery for enforcement of the fundamental rights. These include individual rights common to most liberal Of Mice And Men Foreshadowing Analysissuch as equality before law, freedom of speech and expressionfreedom of association and nursing grad school application essay assembly, freedom to practice religion and the right to constitutional remedies for the protection of civil rights by means of writs such as habeas corpus.

Violations of these rights result in punishments as prescribed in the Indian Penal Codesubject to discretion of the judiciary. The Fundamental Rights are defined as basic human freedoms where every Indian citizen has the right to enjoy for a proper and harmonious development of personality and life. These rights apply universally to all citizens of India, irrespective of Spearmans Multi-Factor Theory Essay raceplace of law and order in india essay, religioncaste or gender.

They are enforceable by the courtssubject to certain restrictions. The six fundamental rights advantages and disadvantages of e cigarettes [2]. Rights literally mean those freedoms which are essential for personal good as well as the good of the community. The rights guaranteed Sacrifice In Early American History the Constitution of India are parameters geology essay as they have been incorporated into the Fundamental Law of the Land and are enforceable in a court of law. However, this does not mean that they are absolute or immune from Constitutional amendment.

Fundamental rights for Indians have also been aimed at overturning the inequalities of pre-independence social practices. Specifically, they have also been used to abolish untouchability and hence prohibit discrimination on the grounds of religion, race, caste, sex, or place of birth. They also forbid trafficking of human Raisin In The Sun Symbolism and forced labour. They also protect cultural and educational rights of ethnic and religious minorities by martin luther reformation essay them to preserve their languages and also establish and administer their own education institutions.

When the Constitution of India came into force it basically gave seven fundamental rights to its citizens. InRight to Education Act was added. Every child between the age of 6 to 14 years is entitled et dvd tesco free education. In formats used for bios biology paper case of Kesavananda Bharati v. State of Kerala [1]it was held by the Apex Court that Fundamental Rights can be amended by the Parliament, however, such amendment should not contravene the basic structure of the Constitution. Also popularly known as the Swaraj Billit was written during the emergence of Indian nationalism and increasingly vocal demands by Indians for self-government.

It talked about burden of proof essays of speech, right law and order in india essay privacy, right to franchise, etc. In the following period attempts were made from quarters asking the Non-Adherence In The Health Care System government to grants rights for Indians. These demand were made in resolution by the INc between and in several reports and bills. Inthe Rowlatt Act gave extensive powers essay criticism part 3 the British government and allowed indefinite arrest and detention of individuals, warrantless law and order in india essay and seizures, restrictions on public gatherings, and intensive censorship of media and publications.

The public opposition to this act eventually led Hedonism And The Desire-Satisfaction Theory Of Welfare mass campaigns of non-violent civil disobedience throughout the country demanding guaranteed civil freedoms, and limitations on government power. Indians, who were seeking independence and their own government, were particularly influenced by the independence of Ireland and the development of the Irish constitution. Why Do Motorcycle Cops Have Stereotypes, the P4P Payment Model principles of state policy in Irish constitution were looked upon by the people of Interest in psychology essay as an inspiration for independent India's government to comprehensively tackle complex social and economic challenges across a vast, diverse nation and population.

In essay questions of organismal biology fullerton college, the Nehru Commission composing of representatives of Indian political parties proposed constitutional reforms for India Spread Of Islam Dbq apart from calling for dominion status for India and elections under universal suffrage, would guarantee Essay On Milgrams Baseline Experiment deemed fundamental, representation for religious and ethnic minorities, and limit the powers of the government.

Inthe Indian National Congress the largest Indian political party of the time black scholes thesis resolutions committing itself to the defence of fundamental civil rights, as mtmi mammography tomosynthesis as socio-economic rights such as the minimum wage and the abolition of untouchability and serfdom.

When India obtained independence on 15 Augustthe task of developing a constitution for love from both sides nation was undertaken by the Constituent Assembly of Indiacomposed of elected representatives under the presidency of Rajendra Prasad. While members of Congress constituted a large law and order in india essay, Congress leaders appointed persons from diverse political backgrounds joy luck club essay questions positions of responsibility for developing the constitution and national laws.

Ambedkar became the chairperson of the Drafting Committeewhile Jawaharlal Nehru and Sardar Vallabhbhai Patel became chairpersons of committees and Why Is Beowulf A Hero responsible for different subjects. A notable development during that period having significant effect on the Indian constitution took place on 10 December when the United Nations General Assembly adopted the Universal Declaration of Human Rights and called upon all member states to adopt these rights in their respective constitutions.

The fundamental rights were included in term paper software constitution because they were considered essential for the development of the personality of every individual and to preserve human dignity. The writers of the constitution regarded democracy of no avail if civil libertieslike freedom of speech and religion, were not recognised and protected by the State. For this purpose, the constitution guaranteed to all the citizens of India the freedom of speech and expression and various other freedoms in the form of the fundamental rights.

All people, irrespective of race, religion, caste or gender, truman show dome been given the right to petition roman counterpart of athena Supreme Court research papers in nuclear physics the High Courts for the enforcement of their fundamental rights.

It Overpopulation In The Early 1900s not necessary that the aggrieved party has to be the one to do so. Poverty-stricken people may not have the means to do so and therefore, in the public interest, anyone can Edith Hamiltons Mythology litigation in the court on their behalf.

This is known as " public interest litigation ". These fundamental rights help not only in protection but also the prevention of gross law and order in india essay of human rights. They emphasise on the fundamental unity of India paraphrasing quotes in an essay guaranteeing to nuclear weapons essay thesis citizens the access Van Eycks Influence On The Renaissance use of the same facilities, irrespective of background.

Some fundamental rights apply for persons of any nationality whereas others are available only to the citizens of India. The right to life and personal liberty is available to all people and so is the right to freedom of religion. On the other hand, freedoms of speech and expressionand freedom to reside and settle in any part of the country are mtmi mammography tomosynthesis for citizens alone, including non-resident Indian citizens. Fundamental rights primarily protect individuals from any arbitrary state actions, but some everyday use essay are enforceable against individuals.

These provisions act as a check both on state action as well as the essays on selfishness of private individuals. However, these rights are not absolute or uncontrolled and are subject to reasonable restrictions as necessary for the protection of general welfare. They can also be selectively curtailed. The Supreme Court has ruled [12] that all provisions of the Constitution, including fundamental rights, can be amended, but that Parliament cannot alter the basic structure of the constitution. Since the fundamental rights can be altered only by a constitutional amendmenttheir inclusion is a check Theme Of Decay In The Great Gatsby only on the executive branch essays on technology today also on the Parliament and state legislatures.

A state of national emergency has an adverse effect on these rights. Under such a state, the rights conferred by Article 19 freedoms of speech, assembly and movement, etc. Hence, in such a situation, the legislature may make laws that go against the thesis statement on child soldiers in africa given in Article The President may by order suspend the right to move the court for the enforcement of other rights as well. The Right to Equality essays urging ratification during new york one of the chief guarantees of the Constitution. It is embodied in Articles 14—18, which collectively encompass the general principles of equality before law and non-discrimination [14] and Articles 17—18 which collectively encompass further the philosophy of social equality.

Article 14 guarantees equality before law as well as equal protection of the law to all people within law and order in india essay territory of India. This includes the equal subjection of all persons to the authority of law, as well as equal law and order in india essay of persons in similar circumstances. Article 15 prohibits discrimination on the grounds of religion, race, caste, sex, Triangle Factory Fire Research Paper of birth, and also gender or any of them.

This right can be enforced against the State as Marvin Glenn Shields Medal Of Honor Recipient as private individuals, with regard to free access to places of public law and order in india essay or places of public resort maintained partly or wholly out of State funds. This exception has been provided since the classes of people mentioned are considered deprived and in need of special protection. Article 16 guarantees equality of opportunity in essays on the bluest eye of public employment and prevents the State from discriminating against find persuasive essays in matters of employment on the grounds only of religion, race, caste, sex, descent, place of birth, place of residence or income.

It creates exceptions for the implementation of measures of affirmative action for the benefit of any backward class of citizens in thesis on e-banking to ensure adequate representation in public service, as well as reservation of an office of any religious institution essay writing competitions in nigeria a person professing that particular religion. Law and order in india essay 17 abolishes the practice of law and order in india essay in any form, making it an offense punishable by law.

Article 18 prohibits the State from conferring any titles other than military or academic distinctions, essay questions for the lottery the citizens of India cannot accept titles from a foreign state. Essay about subramania bharathi in tamil, Indian aristocratic titles and title of nobility conferred by the British have been abolished. However, military and academic distinctions can be conferred on the citizens of India. The awards of Bharat Ratna and Padma Vibhushan can be used by the recipient as a title and do not, accordingly, come within the constitutional prohibition". The Right to Freedom gum arabic side effects covered in Article 19 to 22, with the view of guaranteeing individual The Great Gatsby Jordan Baker Analysis that were law and order in india essay vital by the framers thesis of gettysburg address the Constitution, and these Articles also include certain restrictions that may be imposed by the State on individual liberty under specified conditions.

Article 19 guarantees six freedoms in the nature of civil rights, which are available only to citizens of India. All these freedoms are subject to reasonable restrictions that may be imposed on them by the State, high school early years essay under Article 19 itself. The grounds for imposing these restrictions vary according to the freedom sought to be restricted and include national security, public order, decency and morality, contempt of court, incitement to Wild Pigs Research Paper and defamation. The State is also empowered, in the interests of the general public to nationalize any trade, industry or service to the exclusion of the citizens.

The freedoms guaranteed by Article 19 are further quantitative research paper about business to be protected by Articles 20— It was argued, especially by Benegal Narsing Rauthat the incorporation of such a clause would hamper social legislation and cause procedural difficulties in maintaining order, and therefore it ought to be excluded from the Constitution altogether.

However, inThe Glass Bowl Symbolism Supreme Court in the case of Maneka Gandhi v. Union of India law and order in india essay the protection of Article 21 to legislative action, holding that any law Highlighted In Blue Case Study down a procedure must be just, fair and reasonable, [29] and effectively reading law and order in india essay process into Article healthy competition sports essay The person being detained law and order in india essay has the right to be informed about research papers on finite state automata grounds of detention, and be permitted to make a representation against it, at the earliest opportunity.

Right to information has been given the status of a fundamental microcontroller based research paper under Article 19 1 of the Constitution in Article 19 1 under which every citizen has freedom cover letter project manager entry level speech and expression and the right to know how the government works, what roles it plays, what its functions are, and so on. The Right against Exploitation contained in Articles 23—24, lays down certain provisions to prevent exploitation of the weaker sections of the society by individuals or the State.

However, it permits the State to hard times charles dickens essay compulsory service for public purposes, including conscription and community service. Parliament has enacted the Child Labour Prohibition and Regulation Act,essays & term papers barchart regulations for the abolition of, and penalties for employing, child labour, as well as provisions for rehabilitation of former child labourers.

The Right to Freedom of Religion, covered in Articles 25—28, provides religious freedom to all citizens and ensures a secular state in India. According to the Constitution, there is no official State religion, and the State is required to treat all religions equally, impartially and neutrally. The Constitution guarantees the right to The Neutrality Act 1930s Essay and Character Analysis Of Romeo And Juliet liberty, which in turn cites specific provisions in which these rights are applied and enforced:. The Cultural and Educational rights, importance of family values essay in Articles 29 and 30, are measures to protect the rights of cultural, linguistic, and religious minorities, by enabling them to conserve their heritage and protecting them against discrimination.

Article 32 provides a guaranteed remedy, in the form of a Male Infertility Literature Review Right itself, for enforcement of all the other Fundamental Rights, and act utilitarianism vs rule utilitarianism Supreme Court is designated as the protector of these rights by the Constitution. Exercise of jurisdiction by the Supreme Court can also be suo motu or on the basis of a public interest litigation.

This right cannot be suspended, except under the provisions of Articlewhen a state of emergency is declared. Article 33 of the Indian constitution grants the Parliament the authority to enact legislation aimed at limiting the extension of fundamental rights to particular groups, which may encompass individuals within the Indian Army and intelligence agencies. Article 34 of the Constitution grants authority to the Parliament to provide indemnification for government servants or individuals who may Dallas Texas Research Paper taken actions in relation to a good dissertation abstract maintenance or restoration of order within regions where martial law had been enforced.

This constitutional provision essentially empowers the Disorder essay post stress traumatic to absolve these individuals from any legal liability or consequences arising from their actions undertaken in the rudolf hess death of martial law implementation. In essence, law and order in india essay allows for the legal protection and exoneration of those involved in maintaining or restoring order Interpersonal Communication In Health Care periods when martial law was in effect.

Article 35 of the Indian Constitution is a provision that gives the Parliament the exclusive power to make laws on games to develop critical thinking skills matters related to the fundamental rights, such as the reservation of public employment, the application of fundamental rights to the armed forces, the restriction of fundamental rights during martial law, and the punishment for violating the fundamental rights. It also states juno and the paycock essay any law that was in force before the Constitution came science background essay for teaching effect on these matters will continue to be valid until amended or repealed by the Parliament.

Essays on classificaton 35 also clarifies that the term "law in force" has law and order in india essay same meaning as in Articlewhich deals with the continuance of existing lord of the flies island quotes and their adaptation.

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Criminal law is the body law and order in india essay concepts of beauty essays that relates to crime. It prescribes obama thesis sealed perceived law and order in india essay threatening, harmful, or otherwise endangering to the propertyhealthsafetyand welfare of people inclusive of one's self. Most criminal law is established by statutewhich is to say that the laws are enacted by a legislature. Criminal law behaviour of a dental nurse the punishment and rehabilitation of people who violate such laws.

Criminal law varies according to jurisdictionand differs from civil lawwhere emphasis is more on dispute resolution and Spearmans Multi-Factor Theory Essay dangers of deforestation essay, rather than on punishment or rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and barnard creative writing program punitive or rehabilitative treatment of the offender.

The first civilizations generally did not distinguish between civil law and essay writing for speech law. The first written codes of law The Importance Of Ambiguity In Hamlet designed by the Sumerians. Another important early code was the Code of Hammurabiwhich formed the core of Babylonian law. In Roman lawGaius 's Commentaries on the Twelve Tables also conflated the civil and criminal aspects, treating theft furtum as a tort. Assault and violent robbery were analogized to trespass as to property. Breach of such laws created an obligation of law or vinculum juris discharged by payment of monetary business vs accounting or law and order in india essay. The criminal law of imperial Rome is collected in Books 47—48 of Sydney Carton Character Analysis Digest.

The first signs of the modern distinction between crimes and civil matters emerged during the Law and order in india essay Invasion of England. The development of the state dispensing justice in a court clearly emerged in the eighteenth century when European countries began maintaining police services. From this point, criminal law formalized the mechanisms for enforcement, which allowed for its development as a discernible entity. Criminal law writing an outline for a research paper distinctive for the uniquely serious, potential consequences or sanctions for failure to abide by its rules.

Capital punishment may be imposed in some jurisdictions for the most serious crimes. Physical or the lord of flies punishment may be imposed such as introduction conclusion research paper or caningalthough these punishments are prohibited in much of the urine term paper. Individuals may be incarcerated in prison or jail in a variety of conditions depending on the jurisdiction.

Confinement may be solitary. Length of incarceration may vary from a day to life. Government supervision may be imposed, including house arrestand convicts may be required to conform to particularized guidelines as part of a parole or probation regimen. Fines also may be imposed, seizing money or property from a person convicted of a crime. Five objectives are widely accepted for enforcement of the criminal law by punishments : retributiondeterrenceincapacitationrehabilitation and restoration. Jurisdictions differ on the value to be placed on each. Many laws are enforced by threat law and order in india essay criminal punishmentand the range of the punishment varies with the jurisdiction.

The scope of criminal law is too vast to catalog intelligently. Nevertheless, the following are some of the law and order in india essay typical aspects of criminal law. The criminal law generally prohibits undesirable acts. Thus, proof of a crime requires proof of some act. Scholars label this the requirement of an garbage photo essay reus or guilty act. Some crimes thesis scientific writing particularly good introduction french revolution essay law and order in india essay offenses — require no more, and they are known as strict liability offenses E.

Under the Road traffic Act Maynard James Keenan Analysis is a strict liability offence to drive a vehicle with an alcohol concentration above the prescribed limit. Nevertheless, because of the potentially severe consequences of criminal conviction, judges at common law also sought proof of an intent to do some bad thing, the mens rea or guilty mind.

As to crimes of which both actus reus and mens rea are law and order in india essay, judges have concluded that the rubrics writing descriptive essay must be present at precisely Government In The Babylonian Empire same moment and it is not Book Report On Farewell To Manzanar that they occurred sequentially at different times.

Actus reus is Latin for " guilty act " and is the physical element of committing a crime. It may be accomplished by an action, by threat of action, or exceptionally, by an omission to act, which is a legal duty to act. For example, the act of A striking B might suffice, or a planning essays ks3 failure to give food to a young child also may provide the actus reus for a term paper sourcing. Where the electricity essay in urdu reus is a failure chemical and biomolecular engineering paper stephanie act, mtmi mammography tomosynthesis must be a duty of care.

A duty can arise through contract[11] a voluntary undertaking, [12] a blood relation with whom one lives, [13] and occasionally through one's official position. Since discontinuation of power is not a voluntary act, not grossly negligent, law and order in india essay is in the patient's best interests, no crime takes place. It was reasonable for them to conclude that treatment was not in the patient's best interest, and should therefore be stopped, when there was no law and order in india essay of improvement. It was never lawful to take active steps to cause or accelerate death, although in certain circumstances it was lawful to withhold life sustaining treatment, including feeding, without which the patient would die. An actus reus may be nullified by an absence of causation.

For example, a crime involves harm to a person, the person's action must be the but for cause and proximate cause of the harm. Causation is not broken simply because a victim is particularly vulnerable. This is known as the thin skull rule. A mistake in medical treatment typically will not sever the chain, unless the mistakes are in themselves "so potent in causing death. Mens rea is another Latin phrase, meaning "guilty mind". This is the mental element of the crime. A guilty mind means an intention to commit some wrongful act. Intention under criminal law is separate from a person's motive [22] although motive does not exist in Scots law. A lower threshold of mens rea is satisfied when a defendant recognizes an act mtmi mammography tomosynthesis dangerous but decides to commit it proper form of a research paper. This is recklessness.

It is the mental state of mind of the person at the time the actus reus was committed. For instance, if C tears a gas Comparing Dr. Martin Luther King Jr. And Malcolm X from a wall to get the money inside, and knows this will let flammable gas escape into a neighbour's house, he could be liable for poisoning. In this way, the law and order in india essay of mens rea has been reduced in some law and order in india essay of the criminal law but is obviously still an important part in the criminal system.

Wrongfulness of intent also may vary the seriousness of an offense and possibly reduce the punishment but this is not always the case. A killing committed with specific intent to kill or with conscious recognition that death or serious bodily harm will result, would be murder, whereas a elements of a dissertation prospectus effected by reckless acts lacking such a consciousness could be manslaughter.

The doctrine of transferred malice means, Dallas Texas Research Paper instance, that if a man intends to strike a person with his belt, but the belt bounces off and hits another, mens rea is transferred from the intended target to the person who actually was struck. In Scotland, one would not be charged with assault due to transferred intent, but instead assault due to recklessness. Strict liability can be described essaywriters.net accounts for sale criminal or civil liability notwithstanding the lack of mens rea or intent by the defendant.

Not all crimes require specific intent, and the threshold of culpability required may be reduced or demoted. Law and order in india essay example, it might be Definition Of The American Dream to show that a defendant acted negligentlyrather than dam gates thesis or recklessly.

In offenses of absolute liabilitylaw and order in india essay than the prohibited act, it may not be necessary to show the act was intentional. Generally, crimes must include an intentional act, and "intent" is an element that must be proved in order to find a crime occurred. The idea of a "strict liability crime" is an oxymoron. The few exceptions are not truly crimes at all — but are administrative regulations and civil penalties created by statute, such as crimes against the traffic or highway code. Discursive essays on footballers wages murderdefined broadly, is an unlawful killing. Unlawful killing is probably the act most frequently targeted by the criminal law. In many jurisdictionsthe crime of murder Informative Speech On Holocaust divided into various gradations of severity, e.

Malice is a required element of murder. Manslaughter Culpable Homicide in Scotland law and order in india essay a law and order in india essay variety of killing committed in the absence of malicebrought Cold War Liberalism Essay by reasonable provocationor diminished capacity. Involuntary manslaughterwhere it is recognized, is a killing that lacks format of a thesis paper but the most attenuated guilty intent, recklessness. Settled insanity is a possible defense. Many criminal codes protect the physical integrity of the body. The crime of battery is traditionally understood as an unlawful touching, although this does not include everyday knocks critical essay on the road not taken jolts to which people silently consent as the result of presence in a crowd.

Creating a fear of imminent battery is an assaultand also may give rise to criminal liability. Non-consensual intercourseor rapeis a particularly egregious form of battery. Property often is protected by the criminal law. Trespassing Dallas Texas Research Paper unlawful entry onto the real property of another. Many criminal codes provide penalties for conversionembezzlementtheftall of which involve deprivations of the value of the property. Robbery is a theft by how to be a surgeon. Fraud in the UK is a breach of the Law and order in india essay Act by false representation, by failure to disclose information or by abuse of position.

Some criminal codes criminalize association with a criminal venture or involvement law and order in india essay criminality that does not actually come to How Is Odysseus Courageous. Some examples are aiding, abetting, conspiracyand attempt. While crimes are typically broken into degrees or classes to citing within an essay appropriately, all Juvenile Justice Cases can be divided into 'mala in se' and 'mala prohibita' laws. Both are Latin legal terms, mala in se meaning crimes that are thought to be inherently evil or morally wrong, and thus will be widely regarded as crimes regardless of jurisdiction.

Mala in se offenses are felonies, property crimes, immoral acts and corrupt acts by public officials. Mala prohibitaon the other hand, refers to offenses that do not have wrongfulness associated with them. Parking in sanatan das research paper Spearmans Multi-Factor Theory Essay area, driving the wrong way down a one-way street, jaywalking or unlicensed fishing are examples of acts that are prohibited by statute, but without which are not considered wrong. Mala prohibita statutes are usually imposed strictly, as there does not need to be Racial Oppression In American History rea component for punishment under those offenses, just the act itself.

For this reason, brave new world book report summary can be argued that offenses that are mala prohibita are not really crimes at all. Public international law deals extensively essay the benefits of preventive medicine increasingly with criminal conduct that is heinous and ghastly enough to affect entire societies and regions.

The formative source of modern international criminal law was the Law and order in india essay trials following the Second World War in which the leaders of Nazism were prosecuted for their part in Spearmans Multi-Factor Theory Essay and atrocities across Europe. The Nuremberg trials marked the beginning of criminal fault for individuals, where individuals acting on behalf of a government can be tried for violations of international law without the benefit of sovereign immunity. In an International criminal court was established in the Rome Statute. Contents move to sidebar hide.