Tag: rights

Fundamental Rights | The Basics of Indian Constitution

September 1, 2022
/ Leave a Comment on Fundamental Rights | The Basics of Indian Constitution

4 min
1 year
672 words

Tagged constitution of india, Constitutional Law, Freedom, fundamental rights, India

Fundamental Rights | The Basics of Indian Constitution

The Indian Constitution protects six fundamental rights. Fundamental Rights are addressed in the Indian Constitution.

keywords- fundamental rights, rights, Constitution, freedom, equality

Written By – Tanishka Ranjan

The Indian Constitution protects six fundamental rights. Fundamental Rights are addressed in the Indian Constitution. These fundamental rights are granted to Indian people since the Constitution states, these are inviolable. Human life, integrity, and learning, among other things, all fall under one of six primary fundamental rights.

These rights are called Fundamental as they are essential and natural to the development of human beings. The Fundamental Rights are defined as basic human freedoms that every Indian citizen has the right to enjoy for a proper and harmonious development of personality.

Introduction

Fundamental Rights are a group of rights that have been recognised by a high degree of protection from encroachment. These rights are specifically identified in the constitution, or have been found under due process of law. Articles 12 to 35 contained in Part III of the Constitution deal with Fundamental Rights.

These are essential human rights that are offered to every citizen irrespective of caste, race, creed, place of birth, religion or gender. These are equal to freedoms.

Importance Of These Rights

Law and Order

These rights safeguard citizens from the state and are required for the legal system to exist, rather than the rule of a state or a person. The authorities cannot violate these rights since they are granted to the people by the constitution. The government is entirely accountable to the court and must safeguard these rights.

The first fruit of the liberation struggle

It is that people have forgotten what freedom meant after living under slavery for so long. They are no longer dependent on the whims of the authorities. They were, in that feeling, the first results of the long battle for independence, and they provided a sense of contentment and fulfilment.

Freedom Abstract reasoning

Every Indian person is free to pursue their preferred religion.

Features Of Fundamental Rights

These Rights are justified : The constitution empowers citizens to take their basic rights to a Supreme Court for strengthening if they are infringed or curtailed.

Restriction of Fundamental Rights : During National Emergencies, all Fundamental Rights are suspended, except for those provided under Articles 20 and 21.

Fundamental Rights Restrictions : Fundamental rights might be curtailed during a military regime when martial law is applied or the country is under AFSPA.

List Of Rights

Right to Equality (Article 14-18)
- EQUALITY BEFORE law and EQUAL PROTECTION of law
- Prohibition of DISCRIMINATION On grounds only of religion, caste, sex, race or place of birth
- Equality of OPPORTUNITIES in matters of public employment
- Prohibition of UNTOUCHABILITY
- Abolition of TITLES, MILITARY and ACADEMIC DISCTINCTIONS are however, exempted

Right to Freedom (Article 19-22)
- Guarantees the citizens of India the following six fundamentals :
- Freedom of SPEECH and EXPRESSION
- Freedom of ASSEMBLY
- Freedom of form ASSOCIATIONS
- Freedom of MOVEMENT
- Freedom of RESIDENCE and SETTLEMENT
- Freedom of PROFESSION, OCCUPATION, TRADE and BUSINESS
- Protection in respect of CONVICTION for OFFENSES
- Protection of LIFE and PERSONAL LIBERTY
- Protection against ARREST and DETENTION in certain cases

Right against Exploitation (Article 23-24)
- TRAFFICKING In human beings prohibited
- No CHILD below the age of 14 can be EMPLOYED

Right to Freedom of Religion (Article 25-28)
- Freedom of CONSCIENCE and free PROFESSION, PRACTICE and PROPAGATION of RELIGION
- Freedom to manage RELIGIOUS AFFAIRS
- Prohibits TAXES on RELIGIOUS grounds
- Freedom as to ATTENDANCE at RELIGIOUS CEREMONIES in certain educational institutions

Cultural and Educational Rights (Article 29-30)
- Protection of interests of MINORITIES
- Right of minorities to establish and and and ADMINISTER EDUCATIONAL INSTITUTIONS
- Omitted by the 44th AMENDMENT ACT

Right to Constitutional Remedies (Article 32)
- The right to move the SUPREME COURT in case of their VOILATION ( called soul and heart of the Constitution by BR Ambedkar)

Conclusion

These Rights as incorporated in our constitution form the basis of our existence in the country. Without them being present, living could have been difficult. The fact they are justifiable and thus enforceable by courts make them an instrument of power in the hands of a common man.

for more info visit us! Or mail us at edumoundofficial@gmail.com

view Post/Slide show –

View this post on Instagram

A post shared by Edu Mound (@edu.mound)

Article / Law

January 18, 2022
/ Leave a Comment on What is a trademark in Intellectual Property Rights?

4 min
2 years
721 words
1

Tagged brand, Business, India, intellectual property, IPR

What is a trademark in Intellectual Property Rights?

A Trademark is a mark that creates the identity of a business. This mark may be a word, phrase (group of words), symbol or a design.

Author: Tanya Bhadauria

A Trademark is a mark that creates the identity of a business. This mark may be a word, phrase (group of words), symbol or a design. A trademark distinguishes a brand from other similar products/services. For eg. the word ‘Samsung‘ is a trademark of a company which produces smartphones. It is used to create the identity of a business and distinguish the same from other similar competitors. Thus, people use a trademark to identify a particular business in a group of other similar ones. In India, Trademarks are registered as well as protected under The Trademark Act,1999. A Trademark is an intellectual property right.

Intellectual property is the property of a person that is created with the use of his intellect. In simple words it is a property created by a person using his own brain, creativity or other skills. It includes properties such as any design, art, literary works, peculiar brand name, etc. The rights arising out of these properties are known as intellectual property rights. Properties protected under these rights are classified under various categories such as, Trademark, Copyright, Geographical Indications, Designs, Patent. In this article we will discuss about Trademarks.

What Qualifies As A Trademark?

Any word, phrase, design, unique marks, such as color marks, sound marks, picture mark, etc. can be used as a trademark. Thus any specific visual mark that allows people to identify a particular business can be used a trademark.

Types Of Trademarks

Generic – It refers to when the name of the product is itself used as the brand name or trade mark.

For eg. when a company producing salt uses ‘Salt’ as its brand name or trademark.
Such trademarks are considered to be the weakest ones.
These trademarks cannot be registered under the act and are never protected.

Description – These refer to the trademarks which describe the characteristics of the product or service they are used for.

For eg. ‘Clean and Clear’ for a skin product serving clean as well as clear skin.
Such trademarks are of weak strength.
These are protected under the trademarks act.

Suggestive – These are marks which are suggestive in nature. These suggest the characteristics of the product/service they are used for.

For eg. Infosys for an information technology company, Burger King, Netflix, Airbus, etc.
These are considered to be of good strength.
These are fairly protected under the act and generally not very difficult to get registered.

Arbitrary – These are trademarks which are chosen randomly (arbitrarily), and don’t have any relation with the product or service.

For eg. Apple for smartphones or electronic products.
These have strong strength.
These can be generally easily registered under the act.

Invented – These are trademarks using words that do not have any dictionary meaning and are created by the holder themselves.

For eg. Adidas, Google, Samsung, etc.
These are considered to be the strongest trademarks.
These are easiest to get registered.

Classification System

In India the NICE Classification (NCL) is accepted for classification of trademarks. Nice classification is an international system of classification used for classification of goods as well as services for registration of the marks. It defines 45 different classes that is 1-34 for products and 35-45 for services. In order to file for registration specific forms for the given classes are to be filled.

Legal Provisions Related To Trademark

In India Trademarks are registered under The Trademark Act,1999. The act makes various provisions for registration, protection, privileges, limitation and appeals related to trademarks.

A registered trademark is protected by the law. Any other person or business entity cannot use a registered trademark. However, if a trademark is not registered under the act, the law still protects it. The principle of prior adoption and use comes into force. That is, the person or business who adopts and uses a mark first becomes its rightful owner and others are hence prevented from using them.

In India the infringement of a trademark is a cognizable offence under Section 156 of the Code of Criminal Procedure, 1973. Sections 103 and 104 of The Trademark Act, 1999 provide the punishment for such infringement. As for civil remedy, the owner can file an injunction against the perpetrator.

For More Details on the Topic Stay tuned.

Read Similar Articles:

Impact of E-Commerce on Small Business in India

For any Query

Mail us at edumoundofficial@gmail.com

Transgender Rights and Position in India – Famous Personalities

Article

March 16, 2021
/ Leave a Comment on Transgender Rights and Position in India – Famous Personalities

8 min
3 years
1,585 word

Tagged rights, transgender, Transgender Persons (Protection of Rights) Act

Transgender Rights and Position in India – Famous Personalities

“I was born normal, this world made me feel different.” These words describe the divide between men & women and a transgender.

AUTHOR : SHOBHIT KUMAR DAGUR

“I was born normal, this world made me feel different.” These words describe the divide between men & women and a transgender.

Dear readers, First of all I want to introduce what is transgender. The word ‘transgender’ was coined by activist and Trans pioneer Virginia Prince through her advocacy and writing in 1970s. The Transgender Persons (Protection of Rights) Bill of 2018 and the The Transgender Persons (Protection of Rights) Act of 2019 describes a transgender person as someone whose gender does not match with the gender assigned to them at birth. In India, there are a wide range of transgender related identities which includes the Hijras, Aravanis, Kothis, Jogtas/ Jogappas, Shiv Sakthis. In the past, they were treated with great respect. 24^th April is celebrated as Transgender Day.

As we all know transgender community faced discrimination in the society everywhere that’s why government always tried to protect them from all types of discrimination. There are a lot of people who used to see them with disrespect, which creates a divide in the society.

RIGHTS GIVEN TO TRANSGENDER IN INDIA

Let us talk about the rights which are provided to all the transgender in India. In Indian scenario The Transgender Persons (Protection of rights) Act, 2019 is used to avail or describe rights such as-

1. Recognition as Third Gender

The Indian Constitution provide right to dignity and gave due recognition to their gender identity which was based upon reassigned sex after undergoing Sex Reassignment Surgery as the person has a constitutional right to get recognized as a male or female. Thus the transgenders were entitled to legal protection of law in all the spheres of state activity including education and employment. When a person applies or fills any type of online or offline form he finds 3 columns of gender [National Legal Services Authority v/s. Union of India & Others]. Beginning in the mid-1980s, transgender individuals were officially recognized by the government and allowed to undergo sex reassignment surgery.

2. Rights under Indian Constitution

The Indian state policy that earlier recognized only two sex (male and female) has deprived the third gender from their several rights as being an Indian citizens, which includes right to vote, right to own property, right to marry, right to 55. claim a passport etc. and more importantly their the right to education, employment, health and so on.

3. Prohibition against Discrimination

Transgender people have suffered from discrimination for ages in the matters of housing, health, education and employment. To safeguard the rights of transgender people and to protect them from the discrimination, The Transgender Person (Protection of Rights) Act, 2019 includes the prohibition against discrimination which most importantly includes important sectors like employment, education and health care sectors.

4. Education

It was also observed that normal people don’t want to sit with transgender person. The education of transgender person is equally important like others. Act of 2019 provides that the educational institution that are funded or recognized by government shall provide education, recreational facilities and sports for transgender person without discrimination.

5. Employment

In employment, they suffer discrimination mainly in the form of privacy violation, refusal to hire and harassment which leads to unemployment and poverty. To prevent the discrimination suffered by them the transgender person protection act states that no government or even the private entities can discriminate against transgender person in the matters of employment which includes recruitment and promotions and (the best part is) every establishment should designate a person to be a complaint officer to deal with the complaints in relation to the act.

6. Health Care

To provide them protection and help them to lead a happy life, The Transgender Person (Protection of Rights) Act, 2019 states that government should take proper steps to provide health care facilities to transgender person and it should include separate HIV surveillance centers and sex reassignment surgeries and Transgender persons should be provided with a comprehensive medical insurance.

7. Violation of Human Rights

In addition to various other violation it has also been noticed that the community also faces discrimination as they are not given the right to contest election, right to vote (Article 326), employment, to get licenses, etc. and in effect, they are treated as outcast and untouchable. It is very rare when a skilled individual from this community gets into formal employment due to the policy of hiring only from either the male or female gender. Even if they do, they are ridiculed and ostracized and hence forced to leave their jobs. They are forced into sex work which puts them at the highest risk of contracting HIV as they agree to unprotected sexual intercourse because they fear rejection or they want to affirm their gender through sex.

8. Socio-Economic Rights

Centre and State Governments have been asked to provide the society with several social welfare policies and to manage the society as socially and economically backward classes. They have also been asked to stretch reservation in educational institutions and for public appointments.

POSITION OF TRANSGENDERS IN INDIA

In India, Government always tried to protect this community from discrimination and give them chances to make a prosperous status in society. Here are some provisions regarding this concern.

First of all, as we all know the right of equality before law and equal protection of law is guaranteed under Article 14 and 21 of the Constitution of India. The right to choose one’s gender identity is an essential part to lead a life with dignity which again falls under the ambit of Article 21.

The Transgender Persons (Protection of rights) Act, 2019 was passed by Parliament on 26th November, 2019. The bill defines a transgender as someone whose gender does not match the one assigned at birth. It prohibits discrimination against them in employment, education, housing, healthcare and other services.

On 24th August, 2020 Press Information Bureau published that, in exercise of the powers conferred by Section 16 of the Transgender Persons (Protection of Rights) Act, 2019 the Central Government has constituted a National Council for Transgender Persons vide notification dated 21^st August, 2020. The Union Minister of Social Justice & Empowerment will be the Chairperson (ex-officio) and Union Minister of State for Social Justice & Empowerment will be the Vice-Chairperson (ex-officio).

Immoral Traffic Prevention Act (1956) which was amended in 1986 has become a Gender neutral legislation. The domain of the Act now applies to both male and female sex workers along with those whose gender identity was indeterminate. With the amendment both the male and hijra sex workers became criminal subjects as this gives the police the legal basis for arrest and intimidation of the transgender sex workers.

Section 377 of the Indian Penal Code (Unnatural Sex) criminalizes same sex relations among consenting adults. This is a colonial era law which makes the Transgender community vulnerable to police harassment, extortion and abuse.

In a landmark judgment of the Madras High Court in 2019 (Arunkumar v. The Inspector General Of Registration) has upheld the right to marry for transgender persons. The court in its judgment held that a person who is born as intersex but recognizes herself as a woman should be discussed as “bride” under Section 5 of the Hindu Marriage Act, 1955.

FAMOUS TRANSGENDER PERSONALITY

Now, we should discuss a few famous transgender persons who used their rights and made their life successful as a normal man or woman does.

Sathyasri Sharmila– In 2019, Sathyasri Sharmila became India’s first transgender lawyer, she enrolled her name in the Bar Council of Tamil Nadu and Puducherry . Shunning the stereotypical mindset behind, she set an example by pursuing law so that she can fight against injustice.
Joyita Mondal– At an age of 29, Joyita Mondal became the first judge as she was appointed at Lok Adalat of Bengal in October 2017. While closely working for transgender rights organizations, Mondal got inspired to pursue a degree in law.
Prithika Yashini– Moving ahead of all the odds, Prithika Yashini became the first transgender sub-inspector though she was declared failed by one mark. Nonetheless, she got her score re-evaluated in the physical examination and came out clear with flying colors.
Manabi Bandopadhyay– The charming Manabi Bandopadhyay, became the first transgender college principal of Krishnagar Women’s College on June 7, 2015. Currently, she is a professor and was the first transgender person in India who completed Doctor of Philosophy (PhD). Earlier, she had taught as an associate professor in Bengali at Vivekananda Satabarshiki Mahavidyalaya.
Mumtaz-Mumtaz, a social worker, is the first transgender who came out to contest elections in Punjab from Bahujan Samaj Party (BSP). Mumtaz contested elections from the Bhucho Mandi constituency. She has been working with BSP for over 11 years.
Shabnam Mausi– She contested elections from Sohagpur constituency in district Shahdol, Madhya Pradesh. As she was not supported by her family, she wasn’t able to attend school, yet was able to learn almost 12 different languages.
Shabi– Shabi joined the Marine Engineering Department of the Eastern Naval Command around eight years ago. However, she underwent the sex reassignment surgery in 2016. After the surgery she joined the naval base in Visakhapatnam.
Jiya Das- Kolkata’s Jiya Das became the first transgender operation theatre or OT technician. Earlier, Jiya had even danced at a gunpoint in Uttar Pradesh.

At the end, I just want to say that in India, transgender people have the necessary rights and provisions but need is just to execute and implement them properly. Time to time the Government has taken initiatives to make the community feel as a part of society and to ensure that they are growing and connecting with mainstream society.

Comment your opinions for the same !

For more information Visit Our Site

Who are We?

EduMound is a start-up platform established for young minds aspiring to contribute their skills and knowledge for the growth of the educational fraternity. We are an educational platform that focuses on the co-curricular portfolio development of students.

Stay Connected

Events

SUBSCRIBE TO OUR WEBSITE!