Monday, March 10, 2008

Article 11 - Fundamental Rights of Citizens

Section 1: The state shall not deny to any citizens equality before the law or the equal protection of the law within the territory of Bharat.
Section 2: Nothing in this Article shall prevent the state from providing financial and other required assistance to people who are elderly, sick, disabled, unemployed, widowed or bringing up children.
Section 3: Subject to provisions of other Article of the constitution all citizens shall have right to freedom of speech and expression, to assemble peaceably and without arms, to form associations or unions, to move freely throughout the territory of Bharat and to reside and settle in any part of the territory of Bharat and to practise any profession as to carry on any occupation, trade or business.
Section 4: No citizen shall be convicted of offence except for violation of a law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence. No citizen shall be prosecuted and punished for the same offence more than once, and no citizen shall be accused of any offence shall be compelled to be a witness against himself. No citizen shall be deprived of his life or personal liberty except according to procedure established by law.
Section 5: In all criminal prosecutions, the accused shall enjoy the right to a speedy trial, by an impartial court, and to be informed of the nature and cause of the accusation, to be confronted with the witness against him, to have compulsory process for obtaining witnesses in his favour, and to have the assistance of counsel for his defence.
Section 6: Traffic in human beings and involuntarily servitude and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.
Section 7: No citizen who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest in writing and a copy of same shall be provided to the near relative of that citizen, and a copy of same shall be made available within three hours to nearest office of social security department (SSD).
Section 8: Every citizen who is arrested or detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to court of the magistrate and no such citizen shall be detained in custody beyond the said period without the authority of a magistrate.
Section 9: No law providing for preventive detention shall authorise detention of a citizen for a longer period than three months unless an advisory board consisting of citizens who are, or have been qualified to be appointed as, judges of a High Court has reported before the expiration of the said period of three months that there is in its opinions sufficient cause for such detention.
Section 10: No child below the age of fourteen years shall not be employed to work at any place.
Section 11: Every citizens shall have right to access to all public document which are not classified as secret by the appropriate legislation and copy of such documents shall be provided to citizens on charge provided by law within seven days of such application.
Section 12: Every citizens should have right to early disposal of his application for which any application made to any public authority shall be placed in the BIN (Bhartiya Information Network) and the same shall not remain pending at one hierarchy for more then seven days and in any case should be disposed of within forty five days. In case any public authority keeps that application for more then seven days in pending then he should inform in writing to the applicant for reason of such delay before expiry of that seven days and carry on doing the same till disposal of such application and a copy of same should be displayed of such order in BIN.
Section 13: Every citizen shall have right to compulsory education up to the age of fourteen and further shall not be denied of education and shall be provided with facility at later stage according to other promises of the constitution.
Section 14: A citizen shall have right to free health services according to provisions provided in the constitution and other law made by legislature.
Section 15: A citizen shall have right to fresh water subject to provision of law.
Section 16: A citizen shall have right to exemption from tax on his property being used for personal purpose except luxury items.
Section 17: A citizen shall have right to livelihood according to provisions of constitution and law.
Section 18: Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
Section 19: Marriage shall be entered into only with the free and full consent of the intending spouses.
Section 20: The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
Section 21: All marriages shall be registered by the State. It will be unlawful to force anyone to marry against his or her will or to bring about a marriage by fraudulent means.
Section 22: Members of the family are in an advantageous position in matters of succession. If death occurs without a valid will, the spouse and children of the deceased have priority. Children have equal rights of inheritance from parents whether the parents are married or unmarried. But female member of a family can be compensated against his share in property, at the time of marriage. But such compensation should not be less than one half to her actual share in case she could have remained unmarried. If a female feels that she was not compensated adequately at the time of marriage, she shall be free to file a case for recovering such dues within thirty days from date of marriage, otherwise it shall be presumed that she was adequately compensated and no suit shall be entertained which are filed after expiration of given thirty days.
Section 23: Everyone has the right to own property alone as well as in association with others. No one shall be arbitrarily deprived of his property. Compensation is paid for any losses suffered through compulsory purchase or the deterioration of property as a result of activities by public authorities.
Section 24: The youth courts shall try Children for violating the criminal law.
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