ADS law 03

 Article 26 of the Indian Constitution Article 26 of the Indian Constitution provides right to religion to individuals as well as community. It imparts collective right to group to manage their religious affairs.  Article 26: Freedom to manage religious affairs  Article 26: Subject to public order, morality and health, every religious denomination or any section thereof shall have the right- (a) To establish and maintain institutions for religious and charitable purposes; (b) To manage its own affairs in matters of religion; (c) To own and acquire movable and immovable property; and (d) To administer such property in accordance with law. Religious Denomination  The right guaranteed by Article 25 is an individual right while the right guaranteed by Article 26 is the right of 'organised body' like the religious denomination or any section thereof.  Denomination Collection of individuals, classed together with under the same name.  Case- SP Mittal 🆚 Union of India, 1983 SC Held -

Article 25 of the Indian Constitution  The concept of secularism is implicit in the Constitution of India in the Preamble as well as under fundamental rights. Freedom of Religion has been guaranteed in Constitution under Articles 25-28.  Article 25 : Freedom of conscience and free profession, practice and propagation of religion Article 25 (1):  Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.  What is religion?  The term 'religion' is not defined in the Constitution and indeed it is a term which is hardly susceptible to any rigid definition. The SC has defined religion has its basis in a system of beliefs or doctrines which are regarded by those who profess that religion as conducive to their spiritual wellbeing, but it will not be correct to say that religion is nothing else but a doctrine of belief.  Under article 2

 Article 24 of the Indian Constitution Article 24 enshrined in Part III of Indian Constitution prohibits the employment of children below 14 years of age in factories, mines or any other hazardous workplace. It also ensures that there must be humane and safe working conditions for employees.  Article 24: Prohibition of Employment Employment of children in factories etc. Article 24:  No child below the age of 14 years shall be employed to work in any factory or mine or engaged in any other hazardous employment. This provision is certainly in the interest of public healty and safety of life of children.  Other provisions in Indian Constitution: Article 39 of the Indian Constitution imposese upon the State an obligation to ensure that the health and strength of workers, men and women, abused and that citizens are not forced by economic necessity to enter avocation unsuited to their age or strength. Laws in India prohibiting Child Labour-  Employment of Children Act, 1938 was amended in 19

Article 21 of the Indian Constitution Article 21 of the Indian Constitution Right to live a free, full and dignified life is one of the most basic principles of human existence. Every person is entitled to live their life on their own terms , with no unfair interference from others. A successful democracy can only be one that guarantees its citizens the right to protect their own life and liberty .             In India , the protection of life and personal liberty is a Fundamental Right granted yo citizens under part III of the Constitution of India ,1950.  These fundamental rights represent the foundational values cherished by the people and are granted against actions of the State. Article 21 of this part states that "No person shall be deprived of his life or personal liberty except according to the procedure established by law."  a nd this is known as the Right to life and personal liberty.            Hence , this article prohibits the encroachment upon a person's rig

 Article 23 of the Indian Constitution Article 23 of the Indian Constitution enshrined in Part III of Indian Constitution prohibits the traffic in human beings and forced labour. It is considered considered as Right Against Exploitation. Article 23 protects the individual individual not only against tue State but also private individuals. The protection under Article 23 is available to both citizens as well as non-citizens.  Article 23: Prohibition of traffic in human beings and forced labour Article 23(1):  Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law. Traffic in human beings -  Case: Raj Bahadur vs Legal Remembrancer, 1953 Cal Held: 'Traffic in human beings' means selling and buying men and women like goods and includes immoral traffic in women and children are for immoral or other purposes.  Slavery in Article 23 Case: Dubar Goala vs Unio

 Article 22 of the Indian Constitution Article 22 enshrined in Part III of Indian Constitution deals with protection against arrest and detention. One of the most important dangers to the democracy is detention and arrest because it is an eclipse on other fundamental rights also. Hence, realizing this fact our Constitution makers have provided adequate provisions in Constitution ensuring protection against arrest and detention. Article 22 is available to citizens as well as non-citizens.  Article 22: Protection against arrest and detention in certain cases  Article 22(1): No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult and to be defended by a legal practitioner of his choice.  Thus, three rights included in this clause are- a) Right to be informed of grounds of arrest: This is necessary to enable the arrested person to know the grounds of his arrest and to prepar