Fundamental Rights of Individuals, women and child for B.Sc Nursing 2nd year sociology in nursing, unit 6

1. Fundaments Rights
of Individuals, women and
child
Dr. Sumity

2. Fundaments Rights of Individuals
1.– Provision of fundamental right is made so that
individuals may develop their personalities and attain goals
in life.
2.The activities of World Human Rights Commission has
made citizens of many nations, conscious about human
rights.
1. Right to equality
2. 2. Right to freedom
3. 3. Right to liberty
4. 4. Right to freedom of religion
5. 5. Cultural and educational rights
6. 6. Right to property

3. Fundamental Duties/ Responsibilities
of Individuals
1.Fundamental Duties/ Responsibilities of Individuals – In
the original draft of the constitution there was no clear
description of the fundamental duties.
• Follow the constitution, respect its ideals, institutions,
national flag and national anthem.
• Remember the high ideal which motivated the freedom
struggle and follow it.
• Protect the sovereignty, unity and integrity of India.
• Protect the nation and serve it, when called upon.
• Understand the proud traditions of our culture and protect
it.

4. Fundamental Duties/ Responsibilities of
Individuals Cont
6. Establish equality and fraternity among all citizens. Rise above
all discrimination on the basis of religion, language, area or color,
leave all customs, which are against honoring women.
7. Protect the natural environment comprising of forest, lake,
river and wild animals.
8. Along with scientific attitude, humanism and attainment of
knowledge, add the sentiment of reformation.
9. Protect public property and avoid violence.
10. Try to go towards progress, in all personal and social
activities, so that the nation will go forward and may attain great
heights. These fundamental duties are included in the
Constitution just to give knowledge to citizens regarding their
civic responsibilities.

5. Children's Rights according to the Indian
Constitution
• India recognizes and acknowledges children as equals to their adult counterparts and deems
them worthy of the nation's protection and shelter. Children too are given the
basic/fundamental rights of citizenship along with the adults through the Fundamental Rights
and Directive Principles of State Policy. These rights encompass the following:
 Right to equality (Article 14).
 Right against discrimination (Article 15).
 Right to personal liberty and due process of law (Article 21).
 Right to being protected from being trafficked and forced into bonded labour (Article 23).
 Right of weaker sections of the people to be protected from social injustice and all forms of
exploitation (Article 46).
•

6. Children's Rights according to the Indian
Constitution
• The Constitution of India also goes on to award certain rights to the children of India in
accordance with the United Nations Conventions on the Rights of the Child. The National
Commission for Protection of Child Rights (NCPCR) was set up in March 2007 under the
Commission for Protection of Child Rights Act, 2005, an Act of Parliament (December
2005). These rights are:
 Right to free and compulsory elementary education for all children in the 6-14 year age
group (Article 21 A).
 Right to be protected from any hazardous employment till the age of 14 years (Article
24).
 Right to be protected from being abused and forced by economic necessity to enter
occupations unsuited to their age or strength (Article 39(e)).

7. Children's Rights according to the Indian
Constitution
 Right to equal opportunities and facilities to develop in a healthy manner and in conditions of
freedom and dignity and guaranteed protection of childhood and youth against exploitation
and against moral and material abandonment (Article 39 (f)).
• Every child deserves the shield of security of its nation but there are specific classes that are
vulnerable to the exploitation and violence more than the others. These are the victims of
gender discrimination, child marriage, child labour, etc. The Indian Constitution has a number
of provisions in order to protect a child from possible and further exploitation or discrimination.
These include:
 Article 24 Prohibition of employment of children in factories, etc. No child below the age of
fourteen years shall be employed to work in any factory or mine or engaged in any other
hazardous employment.
 Article 39 Certain principles of policy to be followed by the State. The State shall, in
particular, direct its policy towards securing
a. that the citizen, men and women equally, have the right to an adequate means of
livelihood

8. Children's Rights according to the Indian
Constitution
a. that the ownership and control of the material resources of the community are so distributed as best to
subserve the common good
b. that the operation of the economic system does not result in the concentration of wealth and means of
production to the common detriment
c. that there is equal pay for equal work for both men and women
d. that the health and strength of workers, men and women, and the tender age of children are not abused
and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength
e. that children are given opportunities and facilities to develop in a healthy manner and in conditions of
freedom and dignity and that childhood and youth are protected against exploitation and against moral and
material abandonment.
 Article 45 Provision for free and compulsory education for children. The State shall endeavor to provide, within
a period of ten years from the commencement of this Constitution, for free and compulsory education for all
children until they complete the age of fourteen years.
•

9. Rights of women
• the right to work as a human being.
• The right to the same employment opportunities,
including application of the same criteria for selection.
• The right to free choice of profession and employment,
the right to promotion, job security and all benefits and
conditions of service and right to receive vocational
training and retraining.
• The right to equal remuneration.
• The right of social security as well as the right to paid
leave.
• The right to protection of health and to safety.

10. Constitutional Rights to Women
• The state shall not discriminate against any citizen of India on the ground of sex [Article 15(1)].
• The state is empowered to make any special provision for women. (affirmative discrimination favouring
women) [Article 15(3)].
• No citizen shall be discriminated against or be ineligible for any employment or office under the state on the
ground of sex [Article 16(2)].
• Traffic in human beings and forced labour are prohibited [Article 23(1)].
• The state to secure for men and women equally the right to an adequate means of livelihood [Article 39(a)].

11. Constitutional Rights to Women
• The state to secure equal pay for equal work for both Indian men and women [Article 39(d)].
• The state is required to ensure that the health and strength of women workers are not abused and that they are not forced by
economic necessity to enter avocations unsuited to their strength [Article 39(e)].
• The state shall make provisions for securing just and humane conditions of work and maternity relief [Article 42].
• It shall be the duty of every citizen of India to renounce practices derogatory to the dignity of women [Article 51-A(e)].
• One-third of the total number of seats to be filled by direct election in every Panchayat shall be reserved for women [Article 243-
D(3)].
• One-third of the total number of offices of chairpersons in the Panchayats at each level shall be reserved for women [Article 243-
D(4)].

12. • One-third of the total number of seats to be filled by direct election in
every Municipality shall be reserved for women [Article 243-T(3)].
• The offices of chairpersons in the Municipalities shall be reserved for
women in such manner as the State Legislature may provide [Article
243-T(4)].

13. Legal Rights to Women
• Protection of Women from Domestic Violence Act (2005) is legislation protecting women in India
from all forms of domestic violence of any kind physical, sexual, mental, verbal or emotional.
• Immoral Traffic (Prevention) Act (1956) is legislation for the prevention of trafficking for
commercial sexual exploitation for the purpose of prostitution.
• Indecent Representation of Women (Prohibition) Act (1986) prohibits indecent representation of
women through advertisements, publications, writings, paintings, figures, or any other manner.

14. Legal Rights to Women
• Commission of Sati (Prevention) Act (1987) provides for the more effective prevention of the commission of sati and its glorification on women.
• Dowry Prohibition Act (1961) prohibits the giving or taking dowry at or before or any time after the marriage from women.
• Indian Penal Code (1860) also contains provisions to protect women from dowry death (S. 304B), rape (S. 375, 376), kidnapping (S. 359 to 374), cruelty (S. 498A) and other
offences.
• Maternity Benefit Act (1961) governs women's employment in certain establishments for certain periods before and after childbirth and provides for maternity benefit and
certain other benefits.
• Medical Termination of Pregnancy Act (1971) provides for the termination of certain pregnancies by registered medical practitioners on humanitarian and medical grounds.
• Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act (1994) prohibits sex selection before or after conception and prevents the misuse of pre-
natal diagnostic techniques for sex determination.
• Equal Remuneration Act (1976) provides for payment of equal remuneration to both men and women workers for same work or work of a similar nature. It also prevents
discrimination on the ground of sex, against women in recruitment and service conditions.

15. • Dissolution of Muslim Marriages Act (1939) grants a Muslim wife the right to seek
the dissolution of her marriage.
• Muslim Women (Protection of Rights on Divorce) Act (1986) protects the rights of
Muslim women who have been divorced by or have obtained divorce from their
husbands.
• Family Courts Act (1984) provides for establishing Family Courts for speedy
settlement of family disputes.
• Code of Criminal Procedure (1973) has certain safeguards for women such as
obligation of a person to maintain his wife, arrest of woman by female police and
so on.
• Indian Christian Marriage Act (1872) contain provisions relating to marriage and
divorce among the Christian community.
• Legal Services Authorities Act (1987) provides for free legal services to Indian
women.

16. • Hindu Marriage Act (1955) introduced monogamy and allowed divorce on
certain specified grounds. It provided equal rights to Indian man and
woman in respect of marriage and divorce.
• Hindu Succession Act (1956) recognizes the right of women to inherit
parental property equally with men.
• Minimum Wages Act (1948) does not allow discrimination between male
and female workers or different minimum wages for them.
• Mines Act (1952) and Factories Act (1948) prohibits women's employment
between 7 P.M. to 6 A.M. in mines and factories and provides for their
safety and welfare.
• Other legislations safeguarding women’s rights:
• Employees’ State Insurance Act (1948)

17. • Plantation Labour Act (1951)
• Bonded Labour System (Abolition) Act (1976)
• Legal Practitioners (Women) Act (1923)
• Indian Succession Act (1925)
• Indian Divorce Act (1869)
• Parsi Marriage and Divorce Act (1936)
• Special Marriage Act (1954)
• Foreign Marriage Act (1969)
• Indian Evidence Act (1872)
• Hindu Adoptions and Maintenance Act (1956)
• National Commission for Women Act (1990) established a National Commission for Women to
study and monitor all matters relating to the constitutional and legal rights and safeguards of
women.
• Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal). Act (2013)
protects women from sexual harassment at all workplaces both in the public and private sector,
whether organised or unorganized.