IS INDIAN CONSTITUTION OBSOLETE ??

Azeem Aslam Arshia Aziz Priyanka Kaul Jayasree Pooja Shah Yaser Ali Khan

INTRODUCTION Framed by a Constituent Assembly

Constituted in 1946

Consisted of 299 members

Majority members belonged to Congress Party

All prominent leaders of Freedom Movement were members

http://en.wikipedia.org/wiki/Constitution_of_India

Working of constitute assembly

Dr. Rajendra PrasadPresident of Constituent

Assembly

Dr. B.R. Ambedkar, Chairmanof drafting committee of

constitution

Objectives of the constitution

Dr. Rajendra Prasad signing the new constitution

Background of about 200 years

Aspirations of the people, integrity and unity of the country and establishment of a democratic society

Cherished ideas and ideals of the people

Consensus on different issues and principles

Objectives of the constitution

http://www.nios.ac.in/srsec317newE/317EL5.pdf

The Preamble

Salient features of the constitution

A Written Constitution

A Combination of Rigidity and Flexibility

Federal Policy

Parliamentary Democracy

Fundamental Rights and Fundamental Duties

http://kish.in/salient_features_of_indian_constitution/http://www.preservearticles.com/201104235907/11-salient-features-of-the-constitution-of-india.html

Education System

Education system in India

• Education provides by public sector as well as private sector

• Funds come from three levels federal ,state , local.

• The Nalanda University was the oldest university-system of education in the world

• Western education

• Increasing primary education attendance rate and expanding literacy to two thirds of the population.

• India's improved education system is often cited as main contribution to economic rise

Constitution Amendments

• Amend 335 – Sept 8th 2000, Permit relaxation of qualifying marks and other criteria in reservation in promotion for SC / ST candidates.

• Amend articles 45 and 51A.Insert article 21A,12 December 2002 Provides Right to Education until the age of fourteen and Early childhood care until the age of six.

• Amend article 15,20th Jan 2006, to enable provision of reservation for other backward classes (OBC) in government as well as private educational institutions.

• Article 29,Right to education act 2010 . http://www.mapsofindia.com/events/republic-day/indian-constitution-amendment.html

Facts of Indian literacy 30% of population illiterate through out world is

from India. 2011 India's literacy rate has recorded 9.2% rise

to reach 74.04% Males literacy rose 6.9%(82.14) Females literacy rose 11.8%(65.46) 15%of students population reach high school and

just 7% got graduate Private education 5%

Schemes • Mid day meal scheme -1960s• Sarva Siksha Abhiyan • Navodaya vidyalaya system• National literacy mission• Integrated education for disabled children

scheme• National knowledge commission • Kasturba gandhi balika vidyalayahttp://www.gyanpedia.in/tabid/248/itemid/643/Govt-Schemes.aspx

“BHIKSHA NAHI SHIKSHA CHAHIYEN’’

• 80,43,889 Children aged between 6 & 14 Years do not Go to School.

• 1,48,696 Government Schools are run Without a Building.

• 1,14,531 Primary Schools have a Single Teacher.• 1,68,742 Schools do not have a Drinking Water.• 4,55,561 Schools do not have Toilet. (PMO- Dec. 2009)

Reservation • Reservation in India- 50%• OBC- 27.5%• SC-15%• ST- 7.5%•Women’s reservation – 33%

•

Women Rights

RIGHTS OF WOMEN IN

INDIAN CONSTITUTION

The principle of Gender Equality is enshrined in the Indian Constitution in its Preamble, Fundamental Rights,

Fundamental Duties and Directive Principles.

The Constitution not only grants equality to women, but also empowers the State to adopt measures of positive

discrimination in favour of women.

Within the framework of a democratic polity, our laws, development policies, Plans and programmes have aimed at

women’s advancement in different spheres.

THE STATUS OF WOMEN IN INDIA HAS BEEN SUBJECT TO MANY GREAT CHANGES OVER THE PAST FEW

MILLENNIA.

FROM EQUAL STATUS WITH MEN IN ANCIENT TIMES

THROUGH THE LOW POINTS OF THE MEDIEVAL PERIOD,TO THE PROMOTION OF EQUAL RIGHTS BY MANY REFORMERS, THE HISTORY OF WOMEN IN INDIA HAS BEEN EVENTFUL.

In modern India, women have adorned high offices in India including that of the President, Prime

minister ,Speaker of the Lok Sabah and Leader of the Opposition.

THE CONSTITUTION

OF INDIA GUARANTESS TO

ALL WOMEN.

►Equality before law for women (Article 14)

►THE STATE NOT TO DISCRIMINATE AGAINST ANY CITIZEN ON GROUNDS ONLY OF RELIGION, RACE, CASTE, SEX, PLACE OF BIRTH OR ANY OF

THEM (ARTICLE 15(I)

►THE STATE TO MAKE ANY SPECIAL PROVISION IN FAVOUR OF WOMEN AND CHILDREN (ARTICLE

15 (3))

The Constitutional Privileges

Equality of opportunity for all citizens in matters relating to employment or appointment to any

office under the State (Article 16)

The State to make provision for securing just and humane conditions of work and for

maternity relief (Article 42)

The State to raise the level of nutrition and the standard of living of its people (Article 47)

Legal Provisions

ALTHOUGH WOMEN MAY BE VICTIMS OF ANY OF THE CRIMES SUCH AS

'MURDER', 'ROBBERY', 'CHEATING' ETC, THE CRIMES, WHICH ARE DIRECTED

SPECIFICALLY AGAINST WOMEN, ARE CHARACTERIZED AS 'CRIME AGAINST

WOMEN'.

Police records show high incidence of crimes against women in India. The National Crime Records Bureau reported in 1998 that the growth rate of crimes against women would be higher than the population growth rate by 2010.Earlier, many cases were not registered with the police due to the social stigma attached to rape and molestation cases. Official statistics show that there has been a dramatic increase in the number of reported crimes against women.

These are broadly classified under two categories.

• The Crimes Identified Under the Indian Penal Code (IPC).

• The Crimes identified under the Special Laws (SLL).

(1) The Crimes Identified Under the Indian Penal Code (IPC)

• Rape (Sec. 376 IPC)• Kidnapping & Abduction for different purposes ( Sec. 363-373)• Homicide for Dowry, Dowry Deaths or their

attempts (Sec. 302/304-B IPC)• Torture, both mental and physical (Sec. 498-A IPC)• Molestation (Sec. 354 IPC)• Sexual Harassment (Sec. 509 IPC)• Importation of girls (up to 21 years of age).

• The Family Courts Act, 1954

• Dowry Prohibition Act, 1961

• The Special Marriage Act, 1954

• The Hindu Marriage Act, 1955

• The Maternity Benefit Act, 1961 (Amended in 1995)

• Immoral Traffic (Prevention) Act, 1956

(2) The Crimes identified under the Special Laws (SLL)

Special Initiatives for Women:

• National Commission for Women– This Statutory body studies and monitors all matters

related to constitutional and legal safeguards provided for women, review the existing legislation to suggest amendments wherever necessary.

• Reservation for Women in Local Self -Government – It ensure one-third of the total seats for women in all

elected offices in local bodies whether in rural areas or urban areas.

• The National Plan of Action for the Girl Child (1991-2000)– The plan of Action is to ensure survival, protection and

development of the girl child with the ultimate objective of building up a better future for the girl child.

• National Policy for the Empowerment of Women, 2001– The goal of this policy is to bring about the

advancement, development and empowerment of women.

Conclusion• Women in India have made a considerable progress in the last

fifty years but yet they have to struggle against many handicaps and social evils in the male dominated society.

• Honour Crimes or Honour Killings are acts of violence, usually murder, mostly committed by male family members predominantly against female [relatives] , who are perceived to have brought dishonour upon the family.

• The Marriage Act no longer regards woman as the property of man. Marriage is now considered to be a personal affair and if a partner feels dissatisfied she or he has the right of divorce.

• The dowry problem has assumed a dangerous form in this country. . Some women are murdered in such cases. The dowry deaths are really heinous and barbarous crimes committed by the cruel and inhumane persons.

The government and the constitution of any country could pass any number of bills and articles directed towards giving women equal rights in the society and building a

better country.But the actual power rests in the hands of the society who must eradicate all the evils and build a consistent and clean image to the role of women in building India. Laws exist to protect the people of the country against inhumane acts but the role of the entire society in following those rules

and maintaining a sense of authenticity will be the deciding factor in the implementation of the basic women rights.

Indian Judiciary

Chapter IV part V of the Indian Constitution

• Indian Judiciary is an integrated system formed on the basis of British Legal systems which were prevalent during pre independence era.• The Indian Judiciary is organized in a

hierarchical form with the Nayaya panchayats at the bottom and the Supreme court at the apex. In between we have the district and high courts.

• Indian Judiciary is independent and non-Partisan.• Judiciary has two main functions

preservation of Constitutional and legal rights.• The judiciary has to apply equal law to all

the citizens of India irrespective of caste, creed, wealth, gender and religion

Why and where is the Judiciary failing.

• Very few amendments have been made so far.• Indian judiciary has become a decaying

institution that has no internal mechanisms or will or strength to adapt to the changing times.

• Procedures in Indian courts have not changed much during the post-independence period. The pre-independence practice of humiliation of the natives at the courts continues till today

Is the constitution responsible

• Indian courts are becoming graveyards of justice instead of being temples of justice.

• Nose-in-the-air attitude. The absence of any relationship between the judiciary and the academic community has weakened both institutions in India.

• No Room for fresh ideas.• The virtual collapse of judicial system in India can be

seen in the extra-ordinary time taken for settlement of any case and the large number of cases pending before the courts at all levels.

Is The constitution Responsible

The poor judicial system has attracted world wide

attention.

The Reform Process• The appointment of a Commission to carry out

a review of the Constitution must be viewed in the light of the above scenario.

• It will be the greatest folly to let members of a sick institution that derives strength from its imperial past and feels proud in humiliating the citizens of the country is allowed to have any say in the review of the Judicial System.

Corruption

Corruption• As with many developing nations, corruption is widespread in

India.

• Political, bureaucratic, corporate and individual corruption in India are major concerns

• A recent study conducted by Transparency International in India found that more than 55% of Indians had first-hand experience of paying bribes or influence peddling to get jobs done in public offices successfully Corruption has taken the role of a persistent aspect of Indian politics and administration.

Corruption In Politics• Criminalization of Indian politics is a main

problem.• In July 2008 Washington Times reported that

nearly a fourth of the 540 Indian Parliament members faced criminal charges, "including human trafficking, immigration rackets, embezzlement, rape and even murder".

• At state level, things are often worse.

Corruption In administration

• Officials often steal state property. In Bihar, more than 80% of the subsidized food aid to poor is stolen.

• In Government Hospitals, corruption is associated with non availability of medicines (or duplicate medicines), getting admission and consultations with doctors.

WHERE IS OUR HARD EARNED MONEY ?????

1.45 TRILLION DOLLARS

Source: Swiss Banking Association report 2008

INDIA IS A NUMBER 1 IN :

MATERNAL MORTALITY RATE

One woman dies every seven minutes in India due to pregnancy-related complications and these are conservative estimates since more than 30 per cent of maternal mortality cases go unreported, according to estimates.

In Our Shining India, Over 5000 Children Die Every

Day From Hunger And Malnutrition.After reading this Do you still think India is a

developing country?

Around 23 lakh children, aged 1-59 months, died in India in

2005 alone.

Hungry People –Rotting Food grains

11,700 tonnes (out of about 57.8 million tonnes) of food

grains worth Rs 6.86 crore were found “damaged” in

government go downs.

According to an estimate by the World Food Program, one quarter of the world’s hungry live in India.India ranks 66th in the world in battling hunger.Over 20 crore people are hungry. During 1997-2007, 10 lakh tonnes of food grain was damaged. With this 10 lakh tonnes of food one crore people could be fed for a year. At a time when food prices are sky-rocketing and thousands of families living below poverty line are struggling to get their meals, such wastage of food grain is unfortunate and shameful.

India is a rich country that breeds

poor people to make Rich Richer

Editorial, people Democracy

•An institution called LOKPAL at the center and LOKAYUKTA in each state will be set up.

•Like Supreme Court and Election Commission, they will be completely independent of the governments. No minister or bureaucrat will be able to influence their investigations.

•Cases against corrupt people will not linger on for years anymore: Investigations in any case will have to be completed in one year. Trial should be completed in next one year so that the corrupt politician, officer or judge is sent to jail within two years.

•The loss that a corrupt person caused to the government will be recovered at the time of conviction.

•If any work of any citizen is not done in prescribed time in any government office, Lokpal will impose financial penalty on guilty officers, which will be given as compensation to the complainant.

•It will be the duty of the Lokpal to provide protection to those who are being victimized for raising their voice against corruption.

Jan Lokpal Bill

Secularism

Is India Secular?

.Operation Blue Star

.3-6 june 1984

.Darbar sahib Amritsar temple

.Death in the army:83

.Civilian Killed:492(official)

.Unofficial report:1500http://en.wikipedia.org/wiki/Operation_Blue_Star

Anti-Sikh Riots 1984

Deaths:2700

50,000 Sikh where displaced

Rioters used Voter list , ration list to trace Sikh homes

Weapons, money, liquor where distributed by congress leaders

http://en.wikipedia.org/wiki/1984_anti-Sikh_riots

Attack on Kashmiri Pandits•Urdu Newpaper Alsafa and aftab declared war against Hindus•Pandit Tika lal taploo (bjp member) and justice NK Ganju was killed•300 kashmiri pandits where killed in 2 years•7.5 lakh where forced to leave

http://m.rediff.com/news/2005/jan/19kanch.htm#

Babri Masjid Demolition

•6th Dec 1992 Babri Masjid was demolished•BJP led political rally involving 150000 demolished the structure•Riots broke out across India•More than 2000 people died

http://en.wikipedia.org/wiki/Babri_Mosque

Right to Freedom of Religion:

Article 25: Particulars of Freedom of conscience and free profession, practice and propagation of religion are clearly enumerated in this Article

Article 26: The Article specifies the Freedom to manage religious affairs

Article 27: Freedom as to payment of taxes for promotion of any particular religion is stated in the Article

Article 28: This Article includes Freedom as to attendance at religious instruction or religious worship in certain education institutions

http://www.mapsofindia.com/events/republic-day/indian-citizens.html

• Right against exploitation:

Article 23: The details of Prohibition of traffic in human beings and forced labor are presented in this Article Article 24: The Article contains Prohibition of employment of children in factories, etc.

http://www.mapsofindia.com/events/republic-day/indian-citizens.html

• Right to Freedom:

Article 19: Protection of certain rights regarding freedom of speech, etc. are clearly specified in the Article Article 20: This Article states the Protection in respect of conviction for offenses Article 21: Protection of life and personal liberty is mentioned in the Article Article 22: This Article deals with Protection against arrest and detention in certain cases

http://www.mapsofindia.com/events/republic-day/indian-citizens.html

Thank You