PART III - FUNDAMENTAL RIGHTS AND DUTIES

Article 11 - Fundamental Rights of Citizens

Article 12 - Fundamental Duties of States

Aritcle 13 - Fundamental Duties of Citizens

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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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Article 12 - Fundamental Duties of States

Section 1: The state shall in particular, secure to all men and women equally right minimum means of livelihood according to provisions law.

Section 2: The state to ensure that opportunity for securing justice are not denied to any citizen by reason of economic or other disability.

Section 3: The state shall secure the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement according to provision of the constitution and law.

Section 4: The state to make law and provide facility so that the fundamental rights of the citizens are secured.

Section 5: The State should establish an environment commission to ensure sustainable development of the nation.

Section 6: There shall be one or more disaster management cell to deal with specific or common disasters, the state to ensure that disaster plan should always remain ready and should be reviewed every two years or earlier. There should be separate disaster plan for different kind and category of natural disaster and man-made disasters. Such plan should clearly mention preparation to be kept by various units and response they should give in case of a specific disaster. Duty of each agency and part of government should be defined properly so that they can act without delay on the receipt of a call of emergency. All relevant agencies will be well acquainted with the duty they need to perform at such time of disaster. Generally a copy of the plan and action should be provided to relevant agencies if such information is not going to adversely affect the national security.

Section 7: The competent legislature shall accept the disaster management plan on the recommendation of disaster management cell.

Section 8: The State shall arrange for compulsory defence training of three month to every citizens of the country.

Section 9: Defence training should be added in education curriculum just after completion of elementary education.

Section 10: State should make all endeavours to ensure that there is no shortage of power for the people. It shall be duty of the state to discourage the wastage of electricity, and ensure that theft of electricity does not take place. It shall be primary duty of the Union government to generate the electricity. Every connection of electricity shall be provided with a mitre to monitor the consumption of electricity. It shall be duty of state to provide minimum required electricity in subsidised rates to domestic consumer. Non-conventional source of energy should be encouraged.

Section 11: There shall be Super Highway, Express Highway, National Highway, Provincial Highway, connecting road, rural road and urban roads. Superhighway must consist of eight lanes, Express Highway of six lanes, National Highway of four lanes, Provincial Highway of two lanes and other roads should be wide so that two vehicles can cross each other. Rural and Urban roads, which are narrow in comparison to the above roads, may be declared one way if required and possible.

Section 12: A road can be declared as certain type of road only when the declaring authority has fulfilled the minimum standard required according to law for that road.

Section 13: All Provincial capital to be connected by the National Highways. In the same manner all district headquarters to be connected by the Provincial Highway. Road connecting villages with the main road and towns shall be known as connecting-road. Road inside the village if not classified as any other type of road, shall be known as rural road. Road available inside the metropolitan or municipality if not classified as any other road than shall be known as urban road.

Section 14: Union Government shall regulate for Construction and maintenance of the Super Highway, Express Highway and National Highway. Provincial Government shall arrange for Construction and maintenance of the Provincial Highways and connecting roads. Respective local Government shall arrange Construction and maintenance of the rural and urban roads.

Section 15: The Union legislature may by law declare any road as strategic road and union government shall arrange for construction and maintenance of such roads.

Section 16: Roads heretofore constructed or which may hereafter be constructed under provision of law for the public purposes are declared public roads. The Legislature shall pass laws to regulate road, freight and passenger tariffs, to correct abuses and prevent unjust discrimination and extortion in the rates of freight and passenger tariffs on the different roads in this state, and enforce the same by adequate penalties; and to the further accomplishment of these objects and purposes, may provide and establish all requisite means and agencies invested with such powers as may be deemed adequate and advisable.

Section 17: Railway heretofore constructed or which may hereafter be constructed in Bharat is hereby declared public railways. The Legislature shall pass laws to regulate railway, freight and passenger tariffs, to correct abuses and prevent unjust discrimination and extortion in the rates of freight and passenger tariffs on the different railways, and enforce the same by adequate penalties; and to the further accomplishment of these objects and purposes, may provide and establish all requisite means and agencies invested with such powers as may be deemed adequate and advisable.

Section 18: A railway adjudication tribunal to be established to adjudicate upon dispute arise out of violation of law made to implement provision of this Article.

Section 19: It shall be the duty of the state to discourage cash transaction and encourage transaction through negotiable instruments and electronic money.

Section 20: The State should ensure that each legal personality has a bank account.

Section 21: Until the account holder requests the contrary, all the accounts should be transparent.

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Article 13 - Fundamental duties of citizens

Section 1: Every citizen shall be abide by the constitution and respect it ideals and institution, the national flag and the national anthem.

Section 2: Every citizen shall utilise its fundamental rights and other rights in a manner so that it should not violate fundamental rights and legal rights of other citizens.

Section 3: Every citizen to uphold and protect the sovereignty, unity and integrity of Bharat.

Section 4: To defend the country and when required in emergency should be ready to render national service.

Section 5: To promote harmony and the spirit of common brotherhood amongst all the people of Bharat transcending religious, linguistic and regional or Sectional diversities, to renounce practices derogatory to the dignity of any human being including women.

Section 6: To value and preserve the rich heritage of our composite culture.

Section 7: To work for the sustainable development without undermining the national interest.

Section 8: To protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures.

Section 9: To develop the scientific temper, humanism and the sprit of enquiry and reform.

Section 10: To safeguard public property and to abjure unneeded violence.

Section 11: To strive towards excellence in all spares of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.

Section 12: The legislature shall make suitable law to ensure adherence of these duties.

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PART IV - SOCIAL WELFARE

14 Social Security
15 Health
16 Employment
17 Language
18 Education and Literacy
19 Population

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Article 14 - Social Security

Section 1: Until the context otherwise provide direction, superintendence and control of all social assistance including coordinating of all social assistance and other social activity shall be vested in the social security department (SSD). This department shall have its offices at every hierarchy of government and at other required places.

Section 2: It shall be the duty of SSD to establish a information Network in Bharat which shall be known as the Bhartiya Information Network or BIN which shall contain all information of government including all their records which has not been classified as secret and disclosure of which does not jeopardise the public or national interest.

Section 3: The SSD should issue Social Security Number (SSN) to every citizen and in the same manner Identification number should be issued to each valuable items including land and to other legal persons.

Section 4: All transaction related to a person must contain his SSN or Identification Number (IN).

Section 5: Details of property held by a person shall be made accessible through SSN and Identification number and shall also be accessible through location and these should be allowed to cross checked.

Section 6: Every citizen shall have right to a standard living, adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

Section 7: Motherhood and childhood are entitled to special care and assistance. Children, whether born in or out of wedlock, shall enjoy the same social protection.

Section 8: The social security system should aim to provide financial help to people who are elderly, sick, disabled, unemployed, widowed or bringing up children. The system includes contributory national insurance benefits covering sickness, invalidity, unemployment, widowhood, and retirement. There shall be statutory sick pay and maternity pay for their employees by employers. Another part of the system shall consist of non-contributory benefits such as child benefit paid for every child in a family and a range of benefits for severely disabled people and those looking after them.

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Article 15 - Health

Section 1: Every local government shall provide one dispensary at local level, where doctor shall be sitting minimum an hour everyday according to schedule and health assistance shall be available round the clock.

Section 2: There shall be Janpad Hospital by Janpad government at each Janpad where a patient can be treated for normal disease and there should be facility for indoor treatment with transport facility to cover the whole area under the Janpad.

Section 3: There shall be a district hospital at each district with indoor and outdoor treatment facility with minimum specialist required to tackle the decease.

Section 4: Each Province shall have a medical collage from where transportation facility to the district Hospital and Special hospital shall be available according to requirement. Provincial government shall establish this.

Section 5: The Union government shall provide one hospital to each Province dedicated to single disease having best specialist. The Union shall also provide number of hospital in the whole union according to requirement, which should be capable of dealing all kind of eventuality with transport facility between various medical collages.

Section 6: Legislature should provide for compulsory medical insurance for those who are in a position to afford it.

Section 7: A local health authority may apply to the court for a childcare order. The court can only make this if it is satisfied that the child is suffering, or is likely to suffer, significant harm.

Section 8: There should be compulsory programs of immunization against diseases likely to harm child.

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