Fundamental right of Living

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Fundamental right of Living Reviews

Phuleswari June 28, 2011
Tarun Gogoi’s Government assassins and jeopardize the fundamental rights of poor citizens - food, Shelter and living at Guwahti, Assam
Crisis of Fundamental Rights at Guwahati on 22 June, 2011,
Tarun Gogoi’s Government assassins and jeopardize the fundamental rights of poor citizens - food, Shelter and living at Guwahti, Assam
Authority has violated the laid down procedure of Law and order as per appended below by the constitution. Right to equality is an important right provided for in Articles 14, 15, 16, 17 and 18 of the constitution. It is the principal foundation of all other rights and liberties, and guarantees the following:
• Equality before law: Article 14 of the constitution guarantees that all citizens shall be equally protected by the laws of the country. It means that the State cannot discriminate any of the Indian citizens on the basis of their caste, creed, colour, sex, gender, religion or place of birth.
• Social equality and equal access to public areas: Article 15 of the constitution states that no person shall be discriminated on the basis of caste, colour, language etc. Every person shall have equal access to public places like public parks, museums, wells, bathing ghats and temples etc. However, the State may make any special provision for women and children. Special provisions may be made for the advancements of any socially or educationally backward class or scheduled castes or scheduled tribes.
• Abolition of untouchability: Article 17 of the constitution abolishes the practice of untouchability. Practice of untouchability is an offense and anyone doing so is punishable by law. The Untouchability Offences Act of 1955 (renamed to Protection of Civil Rights Act in 1976) provided penalties for preventing a person from entering a place of worship or from taking water from a tank or well.
The Constitution of India contains the right to freedom, given in articles 19, 20, 21 and 22, with the view of guaranteeing individual rights that were considered vital by the framers of the constitution. The right to freedom in Article 19 guarantees the following six freedoms:
Freedom of speech and expression, which enable an individual to participate in public activities. The phrase, "freedom of press" has not been used in Article 19, but freedom of expression includes freedom of press. Reasonable restrictions can be imposed in the interest of public order, security of State, decency or morality.
• Freedom to assemble peacefully without arms, on which the State can impose reasonable restrictions in the interest of public order and the sovereignty and integrity of India.
• Freedom to form associations or unions on which the State can impose reasonable restrictions on this freedom in the interest of public order, morality and the sovereignty and integrity of India.
• Freedom to practice any profession or to carry on any occupation, trade or business on which the State may impose reasonable restrictions in the interest of the general public. Thus, there is no right to carry on a business which is dangerous or immoral. Also, professional or technical qualifications may be prescribed for practicing any profession or carrying on any trade.
The constitution guarantees the right to life and personal liberty, which in turn cites specific provisions in which these rights are applied and enforced:
• Protection with respect to conviction for offences is guaranteed in the right to life and personal liberty. According to Article 20, no one can be awarded punishment which is more than what the law of the land prescribes at that time. This legal axiom is based on the principle that no criminal law can be made retrospective, that is, for an act to become an offence, the essential condition is that it should have been an offence legally at the time of committing it. Moreover, no person accused of any offence shall be compelled to be a witness against himself. "Compulsion" in this article refers to what in law is called "Duress" (injury, beating or unlawful imprisonment to make a person do something that he does not want to do). This article is known as a safeguard against self incrimination. The other principle enshrined in this article is known as the principle of double jeopardy, that is, no person can be convicted twice for the same offence, which has been derived from Anglo Saxon law. This principle was first established in the Magna Carta.
• Protection of life and personal liberty is also stated under right to life and personal liberty. Article 21 declares that no citizen can be denied his life and liberty except by law. This means that a person's life and personal liberty can only be disputed if that person has committed a crime. However, the right to life does not include the right to die, and hence, suicide or an attempt thereof, is an offence. (Attempted suicide being interpreted as a crime has seen many debates. The Supreme Court of India gave a landmark ruling in 1994. The court repealed section 309 of the Indian penal code, under which people attempting suicide could face prosecution and prison terms of up to one year. In 1996 however another Supreme Court ruling nullified the earlier one.) "Personal liberty" includes all the freedoms which are not included in Article 19 (that is, the six freedoms). The right to travel abroad is also covered under "personal liberty" in Article 21.
• Rights of a person arrested under ordinary circumstances is laid down in the right to life and personal liberty. No one can be arrested without being told the grounds for his arrest. If arrested, the person has the right to defend himself by a lawyer of his choice. Also an arrested citizen has to be brought before the nearest magistrate within 24 hours. The rights of a person arrested under ordinary circumstances are not available to an enemy alien. They are also not available to persons detained under the Preventive Detention Act. Under preventive detention, the government can imprison a person for a maximum of three months. It means that if the government feels that a person being at liberty can be a threat to the law and order or to the unity and integrity of the nation, it can detain or arrest that person to prevent him from doing this possible harm. After three months such a case is brought before an advisory board for review.
• The constitution also imposes restrictions on these rights. The government restricts these freedoms in the interest of the independence, sovereignty and integrity of India. In the interest of morality and public order, the government can also impose restrictions. However, the right to life and personal liberty cannot be suspended. The six freedoms are also automatically suspended or have restrictions imposed on them during a state of emergency.
1. The eviction done by government‘s undemocratic and unconstitutional in Hill’s at Guwahati without any Legal written notice to public. The Innocent public’s fundamental right has assassinated. It is the ever biggest threat to the democratic people living in the hills since 20-30 years back. The Government is following the double standard rule for eviction in the Hill land in Guwahati, one is for rich people and another for rich.
2. Hectors and hector land occupied in the forest of kajiranga, Lowkhowa by Fresh Bangladeshi Citizen and low lying of the Guwahati by the biggest leaders of nation, but Our Congress Government is dump in that issue and ignoring the ongoing clearly. Illicitly they have been registered even though they are having huge area of land in other area.
3. How and which basis Government can do sudden eviction? It is actually needed to provide the land to the big shot for construction of multi storied house for the big shots under the slogan for protection of “Environment and saving from Global warming”. Also Hemant Biswa Sharma has declared that the soil of Hill will be utilized for construction for Multistoried Building. But why only killing and snatching the liberty of living of poor since 20-30 years? Still there are illegal digging and business of selling the soil by the Don (Mafia) of Land.
4. Unfortunate there is not effective media is supported the exploited people. The Congress Government‘s channel has reflected the opposite views and clip which are create in conspiracy to blame the democratic movement. Which is said by government to blame the poor people? The Congress Government has created the own history by deploying own to blame the democratic protestors. The media is playing the safe role of life living. They are also bound to follow the rule of corruption by not displaying the ongoing true happen around the earth. Commercial benefit is their main path to existences.
5. Majority can never say wrong. Some people are diverted due to the wrong displaying of happening. The police has first applied tear gas to break the people and shooting the innocent protestors, then 30 people injured, out the 05 is badly injured and 3 has died by the police firing. One of that is of 9 years. Who has clear shot by the service pistol of police inspector?
Government is for: Only for Ministers, high Officials rich people or bureaucrats are right to avail the parliamentary benefit of hundred percent, the rest are all encrypted with specific code in the pages of Indian constitutional Laws, not to use by the common people. All parliamentary democracy is to protect those big shots/Ministers/Industrialist/Mafias in doing the corruption and exploitation or extortion with wide range. Bureaucrat & autocrat government never wants that common people should not be benefited with parliamentary democracy. When they win the vote by any mean they have thought that receives permit to do the exploitation and extortion in full skill, the witness with series of scam by the Ministers of congress since Independence. Therefore, The Congress will always in a state of defending to bring back the Black money and declare that as national properties. Otherwise, they would have not hesitated to declare Black money as National Properties. Naturally it becomes difficult when the money is belonging to them. Because, it is nature of congress nobody wants his money as black money even though it black. I am afraid that the congress leaders will be high rate black money in Swiss bank than any other.

Time to time they are making their own sectional rules and regulation for reformation of Constitutional Laws for themselves. Under the name of democratic government all activities are Contortionist autocratic and bureaucratic ludicrous in action. It has witnessed in number of actions and decisions taken by the government to suppress the common innocent poor people. It has witness in case of Baba Ramdev on 04 Jun 11 mid nights at Delhi. By deploying the tear in enclose camp which intense the innocent to die in suffocation it has also clear that government can never does good for poor people. It has pass number of years after independence as Congress had been ruling the country and with the exploitation they have been earning endless money and stored in the Swiss Bank which amount has figurate approximately equal to 400, 00000 Croes or $9 trillion which has 6 time then our total Indian economy.
Hence the Congress has followed the rule of divide and rule policy, like British, Hence we can define the term of democracy as follows: “Democracy FUR the people, BUY the people and OFF the people. Or we can term as Democracy FOR the Ministers, Of the Ministers, By the Minister, That’s what the serial evident are proved.
Is there any classification of Democracy? Does the statement of P Chidambaram is different from the original democracy. Or there are some more like civil democracy, or legislative democracy persisting in the Indian constitution.
Always Government has putting blanket for protection of corrupted people and Black Mailers ignoring the truth and Constitutional Laws. The Video live scenario of New Channel DY 365(ASSAM) & NETV news can be retrieve the true real view of the ongoing evident of 22 Jun 2011. How the Government was brutally beaten and killed Unarmed people by tear gas for breaking the lakhs of people undemocratically. The total Government protocol is fully responsible for all above occurrences I invite every citizen of our nation to raise the voice against Extortion directly done by Government.

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