Undemocratic & Outdated Laws

Topics: Terrorism, Human rights, Sedition Pages: 23 (8308 words) Published: August 28, 2013
A Study on Undemocratic and Outdated Laws
Meaning of democratic governance - based on the PREAMBLE to the Constitution, specifically from the RIGHTS perspective Before heading with the research topic the first thing we have to understand is the meaning of democratic governance, it simply means not characterized by or relating to the principles of democracy. The preamble to the Indian Constitution reflects the basic spirit and structure of the Constitution. It is regarded that the PREAMBLE serves as a channelizing tool for the interpretation of the Constitution as a whole. The Preamble to the Indian Constitution puts forth the objects the Constitution aims at achieving. India follows a democratic form of government. The people of India elect their representatives at all level. The rights of Indian citizen under the democracy of India are well reflected in the preamble itself. The constitution guarantees each and every citizen of India right to LIBERTY, EQUALITY, JUSTICE and FREEDOM. These rights are described below.

Article 5: Right to Liberty and Security
1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law -

(a) the lawful detention of a person after conviction by a competent court;

(b) the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law;

(c) the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so;

(d) the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for the purpose of bringing him before the competent legal authority;

(e) the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants;

(f) the lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person against whom action is being taken with a view to deportation or extradition.

2. Everyone who is arrested shall be informed promptly, in a language which he understands, of the reason for his arrest and of any charge against him.

3. Everyone arrested or detained in accordance with the provisions of paragraph 1(c) of this Article shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.

4. Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful.

5. Everyone who has been the victim of arrest or detention in contravention of the provisions of this Article shall have an enforceable right to compensation.

Article 9: Freedom of Thought, Conscience and Religion

1. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance.

2. Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.

Article 10: Right to freedom of...
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