HISTORY PROJECT
Topic:‘The Indian constitution protects the rights of children, women, minorities and weaker
sections.’ Elaborate on the basis of a case study.
INTRODUCTION
WHAT IS CONSTITUSION?
A constitution is a set of fundamental rules that determine how a country or
state is run. Almost all constitutions are “codified”, which simply means they
are written down clearly in a specific document called “the constitution”.
However, some countries, such as Israel, New Zealand and the United Kingdom,
have “un-codified” constitutions which can’t be found written down neatly in
one particular place. It commonly determines how the entity is to be governed.
The Indian Constitution stands as a beacon of protection and empowerment,
enshrining fundamental rights that safeguard the interests and welfare of every
individual within its diverse society. Among these, special provisions are
dedicated to securing the rights of children, women, minorities, and the
economically disadvantaged. These protections are not merely symbolic but
are operationalized through legislative measures and judicial interpretations,
ensuring inclusivity, equality, and social justice for all segments of society.
BODY OF THE TOPIC
1.Case Study: Right to Education (RTE) Act
Under Article: Article 21-A
CASE: In the case of Mohini Jain v. State of Karnataka, the Supreme Court of India
examined the right to education in the context of higher education.
Case Background:
In 1991, Mohini Jain, a student seeking admission to medical colleges in Karnataka, filed a public
interest litigation (PIL) challenging the denial of admission on the basis of her inability to pay
exorbitant fees demanded by private medical colleges.
In this case,The Supreme Court of India held that the charging of a ‘capitation fee’ by
the private educational institutions violated the right to education, as implied from the
right to life and human dignity, and the right to equal protection of the law. In the
absence of an express constitutional right, the Court interpreted a right to education
as a necessary condition for fulfilment of the right to life under Article 21 of the Indian
Constitution.
Court's Decision and Impact:
The Supreme Court of India, in its landmark judgment in Mohini Jain v. State of Karnataka (1992),
affirmed that the right to education is indeed a fundamental right under Article 21 of the
Constitution, which guarantees the right to life and personal liberty. The court held that private
educational institutions, even if unaided by the government, cannot operate solely for profit and
must adhere to reasonable regulations imposed by the state to ensure equity and accessibility in
education.
In conclusion, Mohini Jain v. State of Karnataka remains a pivotal case highlighting the
judiciary's role in upholding constitutional rights, particularly concerning education and
access to opportunities for all segments of society, including women, minorities, and
economically disadvantaged groups.
2.Case Study: Rights of Women
Under Article: Article 15(3)
CASE: Vishakha v. State of Rajasthan (1997)
Case Background:
Vishakha v. State of Rajasthan is a landmark case that laid down guidelines to
prevent sexual harassment of women at the workplace. The case arose after Bhanwari
Devi, a social worker in Rajasthan, was gang-raped by upper-caste men in 1992 as
retaliation for her efforts to prevent child marriage. Despite evidence, the trial court
acquitted the accused, prompting widespread outrage and protests.
The court issued various guidelines to prevent sexual harassment in the
workplace known as the Vishakha Guidelines . The provisions of the Vishaka
Guidelines are as follows: It is the duty of the employer, company, or other
accountable persons in the workplace to prevent sexual harassment.
Court's Decision and Guidelines:
The Supreme Court of India, in its landmark judgment in Vishakha v. State of Rajasthan
(1997), recognized that sexual harassment at the workplace violates a woman's
fundamental right to gender equality and protection from sexual harassment. The
court formulated guidelines known as the Vishakha Guidelines, which included:
1. Definition of Sexual Harassment
2. Preventive Measures
3. Redressal Mechanism
4. Legal Obligations
In conclusion,Vishakha v. State of Rajasthan exemplifies the judiciary's role in
safeguarding and promoting women's rights under the Indian Constitution. It
demonstrates how judicial activism, coupled with public outcry and advocacy, can lead
to the formulation of legal frameworks that protect women from discrimination and
violence, thereby fostering a more equitable and inclusive society.
3.Case Study:Rights of minorities and weaker sections
Under Article: Article 14
CASE: Indra Sawhney & Others v. Union of India (1992)
Case Background:
Indra Sawhney & Others v. Union of India, commonly known as the Mandal
Commission case, revolves around the implementation of reservations for Other
Backward Classes (OBCs) in public employment and educational institutions.
By a 6-3 majority, the Supreme Court's Constitution Bench of nine judges issued the
following decisions: In Article 16(4), the backward class of people can be
determined based on the caste system rather than only on economic
grounds. Article 16(4) is not an exception to the rule (1).
Court's Decision and Guidelines:
The Supreme Court of India, in its judgment in Indra Sawhney & Others v. Union of
India (1992), upheld the implementation of reservations for OBCs in a limited manner:
50% Cap: The court ruled that reservations should not exceed 50% to ensure that the
principle of equality was not compromised.
Creamy Layer Concept: It introduced the concept of the "creamy layer," excluding socially
and economically advanced persons within OBCs from reservation benefits to focus benefits
on the genuinely disadvantaged.
Conclusion
In conclusion, the Indian Constitution provides a robust framework and
proactive judicial interpretations for protecting the rights of children,
women, minorities, and weaker sections. Through key provisions and
landmark cases, the Constitution ensures that these vulnerable groups
receive the protections and opportunities necessary for their full
participation in society. These case studies demonstrate how the
judiciary has interpreted and applied the constitutional provisions to
address specific issues and uphold the principles of equality, justice,
and social inclusiveness. The ongoing challenge remains to effectively
implement these provisions and address emerging issues to uphold the
rights of all citizens.
Thus I conclude that, A Constitution needs to be stable. It should not
be altered too frequently, and probably not too easily. As the supreme
source of power, and the fundamental framework for a nation's political
and legal institutions, it has a permanence that ordinary laws or Acts of
Parliament do not have.
Acknowledgement
I am deeply grateful to everyone who contributed to the successful completion of my project on
"How the Constitution Protects the Rights of Women, Children, and Minorities."
First and foremost, I would like to express my sincere gratitude to my principal for his invaluable
guidance and encouragement, of this project. Your expertise and dedication were instrumental in
shaping the direction and quality of this work.
I extend my heartfelt thanks to my teacher for their assistance in accessing a wealth of
research materials and resources, which greatly enriched the depth of this project.
Lastly, I am grateful to all those who have directly or indirectly contributed to this project. Your
assistance and cooperation have been pivotal in bringing this study to fruition.
Thank you all for your generous support and guidance.
Bibliography
1. https://www.india.gov.in/my-government/constitution-india.
2. https://wcd.nic.in/act/sexual-harassment-women-workplace-prevention-prohibition-
and-redressal-act-2013.
3. https://www.indiacode.nic.in/handle/123456789/2104
4. https://labour.gov.in/childlabour/child-labour-prohibition-and-regulation-act-1986 .
5. Bhatia, G. (2016). The Transformative Constitution: A Radical Biography in Nine
Acts. HarperCollins India.
6. Sibal, K. (2019). "Gender Justice and the Indian Constitution." Indian Journal of
Constitutional Law, 9(1), 45-67.
