Polity Class 15

RIGHT TO DIE, SUICIDE, EUTHANASIA, & CAPITAL PUNISHMENT 

• Suicide
• SC has ruled that there is no right to suicide or death but at the same time SC has decriminalized the attempt to suicide on humanitarian grounds. 

Capital Punishment

• Arguments in favor of capital punishment
• Human rights and FRs are for only those sections of society that behave in a humane manner. Those who commit heinous crimes can not demand human rights. 
• If there is a conflict between FRs and the safety and security of the nation, the latter should be given more importance because people can enjoy their FRs only when the nation is safe and secure. 
• Capital punishment can also act as a deterrent, preventing people from committing heinous crimes. 
• If terrorists are kept in jail, there can be attempts in the future to get them Released from jail by hijacking planes or other activities. It can endanger the security of the nation. 
• If they are not given strict punishment, the country can become a soft state in the eyes of the rest of the world. It can give a major boost to terror activities. 
• Capital punishment is awarded only after following due process of law. The convicted persons are given many opportunities to prove their innocence. It is awarded only in the rarest of rare cases. There are very less chances of it being misused in a democratic country like India. 
• There are many safeguards and inherent checks and balances to prevent its misuse. 
• Arguments against Capital Punishment 
• There is no empirical data to suggest that it has acted as a deterrent. 
• From an ethical perspective, it is only God who has given birth, only he can take away life.  
• The purpose of the punishment should be to reform the person than to punish him. As Mahatma Gandhi puts it "Punish the crime and reform the criminal".
• As admitted by SC, the doctrine of "rarest of the rare" was not applied at least in 13 cases while awarding capital punishment i.e. it has been misused. 
• UN Declaration on Human Rights also demanded ending capital Punishment. 
• Contemporary news
• Recently, there is controversy regarding the mode of capital punishment, death by hanging. It is felt that this mode is Brutal and inhuman. 
• Way forward
• In a country like India, which faces drastic challenges related to national security, terrorism, and secessionism, capital punishment is necessary. The country must show a strong will to fight terrorism with an Iron hand. 
• They must be given severe punishment but the mode of capital punishment can be changed. 

Euthanasia/ Mercy Killing 

• In the Aruna Shaunbag case, SC permitted passive euthanasia and not Active Euthanasia. 
• [* Active euthanasia means ending the life of a person by giving him injections, Drugs, and so on. Passive euthanasia means taking out the life support systems.]
• Sc ruled that the right to die with dignity is part of FRs. It has also ruled that any individual can make an advanced "living will" wherein he/she would authorize passive euthanasia under special circumstances. 

RIGHT TO EDUCATION- ARTICLE 21 A OF THE INDIAN CONSTITUTION 

• Article 21 A was inserted in the constitution through the 86th Constitutional Amendment Act, of 2002.
• As part of this article, the state shall provide free and compulsory education to all children of age 6-14 years in such a manner as the state may, by law determine. 

ARTICLE 23 OF THE INDIAN CONSTITUTION 

• Prohibition of traffic in humans and forced labour. 
• Traffic in human beings includes selling and buying of men, women, and children like goods. 
• Immoral traffic in women and children including prostitution. 
• Devadasi system [Some of the women are married to god. Most practised in South India. ]
• Slavery [* Beggar system- compulsory work without remuneration]. This is mostly found in the Zamindari system in Rural areas. 
• Article 23 provides an exception to forced labor. 
• The state can impose compulsory service for public purposes. For example- Military service or social service during the wars, and the state is not bound to pay. 

ARTICLE 24 OF THE INDIAN CONSTITUTION 

• Prohibition of employment of children in factories, etc 
• It prohibits the employment of children below the age of 14 years in any factories, mine, or other hazardous activities (which can cause danger) like construction work or any other work.  
• It does not prohibit the employment of children in harmless activities

ARTICLES 25-28 OF THE INDIAN CONSTITUTION- RIGHT TO FREEDOM OF RELIGION 

• Under Article 25, all persons are equally entitled to freedom of conscience, and the right to freely profess, practice and propagate religion. 

Important aspects of Article 25 

• Freedom of conscience- It means that, the inner freedom of a person to mould his relationship with god in whatever way he/she desires
• Right to profess- Declaration of one's religious beliefs and faith openly and freely. 
• Right to practice- It means the performance of religious worship, rituals, and ceremonies and the exhibition of beliefs and ideas
• Right to propagate- It means transmission and dissemination of one's religious beliefs to others but it does not include a right to convert another person to one's own religion because it is against the freedom of conscience guaranteed to all persons alike. 
• These rights are available to all persons i.e. Citizens and non-citizens. 
• But these rights are not absolute, they are subjected to public order, Morality, and Health. 

ARTICLE 26 OF THE INDIAN CONSTITUTION 

• Freedom to manage religious affairs. 
• Under this, every religion or any of its sections has the following rights. 
• a) Right to establish and maintain institutions for religious and charitable purposes. 
• b) Right to manage its own affairs in matters of religion. 
• c) Right to own and acquire movable and immovable properties. 
• d) Right to administer such property in accordance with the law.
• While Article 25 guarantees the rights of individuals, article 26 guarantees the rights of religious denominations or their sections i.e. it protects collective freedoms of religion. It is also subjected to public order, Morality, and Health.  

ARTICLE 27 OF THE INDIAN CONSTITUTION 

• No person shall be compelled to pay any taxes for the promotion or maintenance of any particular religion or religious denominations but at the same time, taxes can be used for the promotion and maintenance of all religions. 
• It only prohibits the imposition of taxes and not "FEE". For example- Fees can be levied on pilgrims to provide special services. 

ARTICLE 28 OF THE INDIAN CONSTITUTION 

• Freedom from attending religious instructions
• Under this article, No religious instruction shall be provided in any educational institutions wholly maintained by out-of-state funds. 
• This article distinguishes between 4 different types of educational institutions. 
• a) Institutions wholly maintained by the state- Here, "No religious instruction is allowed"
• b) Institutions administered by the state but established under any endowment or trust- "Religious instructions is allowed"
• c) Institutions recognized by the state 
• d) Institutions receiving aid from the state
• In C and D, religious instruction is permitted on a voluntary basis. 

ANALYSIS OF ARTICLES 25-28 

• Article 25 is about the individual, whereas, Article 26 is about institutions, Charitable trusts, and denominations (sections of religion- such as Shaivism, Bhagvatism, etc). For example- ISCON which believes in Krishna as the supreme god, is allowed as an institution. 
• The state should not interfere while managing these institutions by these religious denominations and charitable trusts. 
• Article 27- The state will not impose any tax. When a state imposes tax then it becomes a religious state and it will cease to be a secular state. But the state can spend taxpayers' money to promote all religions. The State can collect fees to improve infrastructure etc. 
• [* Tax v/s Fee- Tax is a unidirectional payment from people to the state without any conditions attached. Whereas, Fee is the money charged by the government to provide a particular service. ]
• Article 28 is about Religious instruction.
• In Educational institutions wholly owned by the state, religious instructions are completely prohibited. Recently, a controversy arose when MP allowed Surya Namaskar in the schools. 
• Some schools provide Vedic teachings so here religious instructions are allowed. 

CONTROVERSIES RELATED TO THE RIGHT TO FREEDOM OF RELIGION 

• Issues:- Conversions, Anti-conversion laws, Religious practices discriminatory in nature- Sabrimala issue, Hijab controversy in Karnataka. 

Conversions

• It means, one is asked to change religious belief or faith. 
• Two types- Voluntary and Forceful 
• Voluntary conversions- changing religious belief on its own. It is allowed under Article 25, Freedom of conscience. A person can choose their relationship with God. 
• Forceful conversions- Conversion by Inducement. It occurs in backward regions of the country. Our constitution does not allow Forceful conversion. It is prohibited under Article 25(1)
• When people convert to another religion- Will they enjoy reservations?
• Dalits/ SCs/ STs converted to Christians- will they get a reservation?
• Reservation to Muslim
• The government identified the backward regions and the reservation is given under the backward classes category. 
• When a person is getting converted to another religion, his/her social status changes. 
• Caste hierarchy is present only in Hinduism and it is not there in Christianity and Islam. 
• EWS reservation does not discriminate among religions

Anti-conversion laws 

• State's argument- they passed this law under Article 25(1)
• Whether they are legal or not will be decided by SC. 
• At this point in time, the laws are in force. 

Religious practices 

• Every religion has complete freedom to practice traditions, customs, etc. 
• Sabarimala issue
• Women were not allowed in this temple. Women approached the SC based on their Right to equality. 
• Temple trust argued that this is based on the doctrine of essentiality. 
• SC came out with, the concept of Constitutional morality. 
• SC stated that the Sabarimala issue is violative of Articles 14, & 15 of the Indian constitution. 
• Shah Bano case
• If there is a conflict between the Religious practices and FRs then Fundamental rights will prevail. 
• Question:- Right of movement and residence throughout the territory of India are freely available to Indian citizens, but these rights are not absolute. Comment (10 marks/ 150 words)

The Topic for the next class:- Articles 29 and 30 of the Indian constitution.