Finding the inclusive and compassionate provisions included in the constitution of India, this presentation describes briefly the contemporary challenges faced by the constitution of India. It also discusses with regard to special compassionate provisions provided by the constitution.
Further, it includes the meaning and concept of compassion and inclusiveness. Moreover, it suggests measures be taken to circumvent those challenges against the constitution of India.
Comparison of GenAI benchmarking models for legal use cases
PPT on compassionate and inclusive constitution the reality in contemporary india.pptx
1.
2. Compassion is the feeling that
arises when you are confronted
with another’s suffering and
feel motivated to relieve that
suffering.
literally means “to suffer
together.”
Oxford dictionary: A strong
feeling of sympathy for people
who are suffering and a desire to
help them
“Wisdom without compassion
is ruthlessness and compassion
without wisdom is folly.”- Fred
Kofman
3. The quality of including many
different types of people and treating th
em all fairly and equally.
The practice or policy of providing
equal access to opportunities and
resources for people who might
otherwise be excluded or marginalized,
such as those having physical or mental
disabilities or belonging to other
minority groups.
“It asserts that the satisfaction of several
interests would be better than the
defeat of either“-Ralph Barton Perry.
Based on principle of equality and
participation.
It is applicable to all conflicts of
interests.
4. “WE, THE PEOPLE OF INDIA”
“to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought,
expression, belief, faith and worship; EQUALITY of status and of opportunity.”
Article 14: equality before law
Article 15: prohibition of discrimination on grounds of religion, race, caste, sex or place of
birth.
Article 16: equality of opportunity in matters of public employment
Article 17: abolition of untouchability.
Article 29: protection of interests of minorities; Religion, culture, language etc.
Part xvi: special provisions relating to certain classes; SC, ST,Anglo- Indian, OBC.
5. Giving special compassion to certain do not
tamper with the inclusiveness.
Inclusiveness means like should be treated
alike and not that unlike should be treated as
alike.
Inclusiveness strives to bring all those who
otherwise might excluded or marginalised.
Thus it includes Protective discrimination
and Reasonable classifications.
Examples:
Article 15(3), Power of state to provide
special provisions for women and
children.
Article 15(4), Special provision for the
advancement of any socially and
educationally backward classes of
citizens or for the Scheduled Castes
and the Scheduled Tribes.
Article 15(6), Special provision for the
advancement of any economically
weaker sections of citizens other than
the classes mentioned in clauses (4)
and (5).
6. • Diversity of languages;
780 languages,
officially 122 languages,
22 languages in the Eighth Schedule.
• Religious diversity;
Hindu 96.63 crores (79.8%);Muslim 17.22 crores (14.2%);Christian
2.78 crores (2.3%); Sikh 2.08 crores (1.7%); Buddhist 0.84 crores
(0.7%); Jain 0.45 crores (0.4%) [source: Census 2011].
• Racial diversity.
• Ethnic diversity.
• Regional diversity.
7.
8. The oneness thesis covertly pushes a narrow homogenising cultural and
political agenda.
It goes beyond routine centralization, negates the benefits of a federal setup,
reduces state autonomy, strikes at the heart of the federal idea and
inclusiveness of the constitution.
Example;
‘One nation-one party-one government’,
‘One Nation-One Language',
'one nation-one people-one culture,
‘One nation-one religion’,
‘One Nation-One Market-One Tax’,
‘One nation-One election’,
‘One nation-one registration’,
‘One nation-one poll-one voter list’,
‘One Nation-One Fertiliser' Scheme’,
‘One Nation-One Procurement policy’,
‘one nation-one police uniform’ and so on.
9. It is a ‘Discriminatory’ Citizenship Law.
The Citizenship (Amendment) Act, 2019
makes illegal migrants eligible for citizenship
if they;
belong to the Hindu, Sikh, Buddhist,
Jain, Parsi or Christian community and;
are from Afghanistan, Bangladesh or
Pakistan.
Viewed in combination with the proposed all-
India National Register of Citizens (NRC),
the CAA has the potential to deprive many
Muslims residing in India of full citizenship.
The proposed NRC will likely deprive many
persons, both Muslim and non-
Muslim, residing in India of citizenship.
While excluded non-Muslims will have the
opportunity to regain citizenship via the
CAA, this will not be the case for Muslims.
Hence, the NRC in combination with the
CAA may disproportionately exclude Muslim
residents of India.
10. Against minorities at rise.
“Cases filed under this section
registered a six fold or almost
500% increase in seven years –
323 cases in 2014 to 1,804 cases
in 2020.”-National Crime
Records Bureau-
“The atmosphere in the country
is being “sullied because of hate
speeches.”-SC-
take “immediate” suomotu
action against any hate speech,
by lodging criminal cases
without waiting for formal
complaints.”-SC-
11. A section of seers and Hindu
scholars associated with the
Shankaracharya Parishad of
Varanasi have prepared a draft
demanding to make India a
Hindu nation.
Features;
New capital is Varanasi
instead of Delhi.
Only Hindus, including
Sikhs, Buddhists, Jains will
have the right to vote.
Muslims and Christians will
get all kinds of rights in India
other than voting rights.
12. The Central Board of Secondary Education
(CBSE) removed;
a chapter titled ‘The Mughal Court:
Reconstructing Histories through
Chronicles’ from the Class 12 history
syllabus,
chapters on the Cold War era and the non–
aligned movement, social and new social
movements in India from the Class 12
political science syllabus.
chapters on Islamic empires in Afro-Asian
territories and the industrial revolution
from the Class 11, 12 CBSE syllabus
2022-23.
the translated excerpts from two poems by
Faiz Ahmed Faiz in Urdu language under
the “Religion, Communalism and Politics
— Communalism, Secular State” section
from the CBSE 10th syllabus 2022-23.
the poems have been removed from the
NCERT textbook titled “Democratic
Politics II.”
13. • Judiciary
• Enhance public
awareness
• Writings
• Public agitations
• Legal knowledge