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01 September 2022

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MAINS DAILY QUESTIONS & MODEL ANSWERS

Q1. “What are the observations made by the Supreme Court of India on Personal Liberty and Right to Life? (250 words)

Paper & Topic: GS II à Indian Polity

Model Answer:

Introduction:

  • The right to life and personal liberty is guaranteed by Article 21 of the Indian Constitution. Both the phrases “life” and “personal liberty” have been given a fairly broad definition that encompasses a wide range of rights. Its deprivation is only achievable following the legal procedure. The Supreme Court has given the term “life” a broad interpretation, giving it a wide range of meaning.

Body:

Article 21 interpretations by the Supreme Court:

  • Human Dignity and the Right to Live
  • In the case of Maneka Gandhi vs. Union of India, the Supreme Court declared that the right to life enshrined in Article 21 of the Indian Constitution is not only a bodily right, but also encompasses the right to live with dignity.
  • In the case of Francis Coralie vs. Union Territory of Delhi, it was decided that the right to life includes the ability to live in dignity with the bare essentials of life such as adequate sustenance, clothing, and shelter over the head, among other things.
  • Right to work without being subjected to sexual harassment
  • The court ruled in Vishakha vs. the State of Rajasthan that sexual harassment of a working woman at work is a violation of her rights under Articles 14, 15, and 21 of the Indian Constitution. The guidelines were established in order to preserve a woman’s rights at work.
  • The right to a healthy environment
  • According to Article 21, the right to life entails a dignified life in a safe and healthy environment.
  • Article 21 regulates the upkeep of numerous items such as health, sanitation, and environmental preservation.
  • Vellore Citizens Welfare Forum versus Union of India is a case where the plaintiffs are the Vellore Citizens Welfare Forum and the defendants are the Union of India. The Supreme Court ruled that, while industries are important for the country’s development, the principle of “sustainable development” must be employed as a balancing concept in light of the pollution they generate.
  • The right to know (or to be informed)
  • In the case of Reliance Petrochemicals Ltd. vs. Proprietors of Indian Express Newspapers, the courts recognised that the right to know falls under the ambit of Article 21 of the Indian Constitution as a necessary component of participatory democracy.

Prisoners’ rights:

  • Those who have been convicted of any crime can likewise benefit from Article 21 protection. Despite the fact that he has been stripped of his other rights, he is nevertheless entitled to the rights granted by Article 21.
  • Right to be free from arbitrary detention
  • The Supreme Court established standards for the Central and State investigating authorities to follow in all situations of arrest and imprisonment in the case of K. Basu vs. State of West Bengal.

Right to legal representation and a timely trial:

  • In Hussainara Khatoon vs. State of Bihar, it was determined that someone accused who cannot afford legal services due to poverty, indigence, or incommunicado status has a right to free legal aid at the State’s expense under Article 21 of the Indian Constitution.
  • Diseases that are horribly contagious are revealed.
  • The lady proposing to marry a person with a terrible sickness is entitled to all human rights that any human being is entitled to, and the right to know that person is suffering from a fatal condition that is sexually transmissible is her right to life guaranteed under Article 21.

Right to Personal Space:

  • The Supreme Court has ruled in Justice K.S. Puttuswamy vs. Union of India and Others that privacy is a fundamental right under the Indian Constitution.

Right to a dignified death:

  • The right to life was broadened by the Supreme Court to include the right to die with dignity.
  • It approved a ‘living will’ that allows terminally ill patients or those in a persistent and incurable vegetative state (PVS) to have a dignified death by refusing medical treatment or life support.

Conclusion:

  • Article 21 is not a legally binding right. The state can place constraints on the right to life and liberty, but they must be fair, reasonable, and just, and they must be done in accordance with legal procedures. It cannot, however, be suspended in an emergency. The basic right under Article 21 is one of the most significant rights guaranteed by the Constitution, and the Apex Court in the Unni Krishnan case defined it as “the heart of fundamental rights.”

Q2. Discuss the contribution of Swami Vivekanand. (250 words)

Paper & Topic: GS I à Indian Culture

Model Answer:

Introduction:

  • Ramakrishna’s message was propagated by Narendranath Datta (1862–1902), afterwards known as Swami Vivekananda, who also attempted to adapt it to the demands of modern Indian society. He became known as the neo-Hindu movement’s preacher. Vivekananda’s message to the world about human values is based on specific spiritual experiences he experienced with Ramakrishna, the teachings of the Upanishads and the Gita, as well as the examples of the Buddha and Jesus.

Body:

Swami Vivekananda’s social initiatives in pre-independence India:

  • He held the view that education may result in socioeconomic transformation. He wanted the people of this nation to have both secular and moral education.
  • In order to create “machines which will deliver purest concepts to the doorstep of even the poorest and meanest,” he founded the Ramakrishna Mission in 1897.
  • Great humanist Vivekananda employed the Ramakrishna Mission for social service and humanitarian aid. Vivekananda promoted the idea of serving everyone, or the ideology of service.
  • The Mission was managing a number of schools while Swami Vivekananda was in charge. It provided aid to persons who had been impacted by catastrophes including famines, floods, and epidemics.
  • Vivekananda fought for women’s rights to an education. He placed a strong emphasis on traditional family values and female chastity, although he was vehemently opposed to women’s subjugation. He fervently argued that women should have access to all educational opportunities.
  • All Indians now have a sense of national identity because to Swami Vivekananda. Swamiji explained the relevance of old Indian culture to the present.

Current relevance of Swami Vivekananda:

  • The concept of nationalism and universality that Swami Vivekananda presented is still very important today. Everyone, without regard to caste, religion, race, gender, or country of origin.
  • For ages, human society had to wait for a leader of the human race like Swami Vivekananda.
  • During his time, Swamiji was extremely influential. He will continue to be more relevant in the years to come and for as long as human civilisation lasts.
  • His message for the present is that, despite some appearances to the country, we are moving toward our ultimate destiny. “India will rise, not by the strength of the flesh, but through the strength of the spirit; not under the banner of war, but under the banner of peace and love.

Conclusion:

  • Swami Vivekananda served as a spiritual guide for every culture and nation. Thus, it is clear that Swami Vivekananda was a trailblazer in India who significantly contributed to the development of the country’s modern identity. Swami Vivekananda’s fundamental reforms were based on socialism, secularism, popular elevation and power, treating the untouchables with compassion, universal literacy, informal education, women’s freedom, and instilling social duty as a component of religious worship. His well-known words, “Awake, arise, and stop not till the objective is accomplished,” still rang in the ears of the nation’s youth, awakening their sense of social responsibility and igniting their gloomy spirits.

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