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Defending Dignity: The Asian Games Perspective on Exploitation and Rights

November 22, 2023 980 0

Introduction – Asian Games and Rights:

Rights do not merely act as claims of a person, but they also prevent exploitation of the poor in society and help to restore societal injustice. 

Understanding Rights: Asian Games Insights

  • Rights are essential pillars of any just and civilized society, playing a crucial role in preserving individual dignity, fostering social harmony, and promoting democratic values. 

 Instances to Understand Rightst Better: Asian Games Injustices

Asian Games Construction Workers’ Exploitation:

  • During the 1982 Asian Games construction, contractors hired impoverished workers; they faced poor conditions and received wages below the government’s set minimum wages.
  • A group of social scientists highlighted this situation, viewing it as forced labor.
  • They approached the Supreme Court, asserting that sub-minimum wages violate the Fundamental Right against exploitation.
  • The court agreed, instructing the government to ensure proper wages for the workers.

Machal Lalung’s Unjust Detention:

  • Machal Lalung, from Assam, was arrested at 23 on severe injury charges.
  • He was deemed mentally unfit for trial, hence was sent for treatment at a mental hospital.
  • Despite being declared fit later, he languished in custody for decades without a trial.
  • In 2005, the National Human Rights Commission intervened after a long under-trial inspection, leading to his release at 77.
  • This case exemplifies the denial of ‘life and liberty’ rights, as guaranteed by the Constitution, due to the absence of a fair trial.

Deriving key understandings: Perspectives from the Asian Games

  • Constitutional Rights vs. Reality: 
    • The Constitution grants every citizen the right to ‘life and liberty.’
    • Machal Lalung’s ordeal: It underscores the discrepancy between Constitutional rights and practical implementation.
    • Reflects the need for access to a fair and speedy trial for citizens, as stipulated by the Constitution.
  • Economic Disparity and Rights: Asian Games: Exploring Economic Disparity and Rights Protection
    • Raises the question of economic disparity’s impact on the protection of rights.
    • Consider whether a wealthy and influential individual would have faced the same injustice.
    • Contrasts the exploitation faced by Asian Games workers with their eventual legal victory due to constitutional protections.
  • Importance of Constitutional Safeguards: Asian Games Impact: Significance of Constitutional Safeguards in Upholding Rights
    • The case of exploited workers demonstrates the importance of constitutional guarantees.
    • Legal intervention based on the Fundamental Right against exploitation secured justice for the workers.
    • Highlights the crucial role of courts in upholding citizens’ rights and rectifying violations.

Bill of Rights: Asian Games Perspective: Exploring the Meaning and Role of Bill of Rights

  • Meaning: Democratic countries often incorporate citizens’ rights directly into their constitution. This compilation of protected rights is known as a ‘bill of rights.
  • Prevent Encroachment: A bill of rights prevents private as well as government actions that infringe upon individual rights and establishes a mechanism for addressing rights violations.

Points to Ponder: 

The rights of individuals generally appear as natural to us. However, they were always not recognized. The evolution of Rights is connected to the modern era. 

Need of Bill of Rights: Asian Games Advocacy: The Essential Need for a Bill of Rights

  •  Protection Against Various Threats: Government’s Duty in a Threat-Filled World
    • Rights of individuals can be jeopardized by other individuals or private entities.
    • In such cases, government intervention becomes essential for safeguarding these rights.
    • The government’s obligation to protect individual rights is made imperative by the Bill of Rights.
  •  Safeguard Against Government’s Abuse: Preventing Government Overreach
    • Government branches like legislature, executive, bureaucracy, and judiciary can inadvertently violate individual rights in their functioning.
    • This underscores the necessity for a system that prevents government overreach and rights violations.
  • Bill of Rights as a Balancing Act: Safeguarding Liberty in Balance
    • Constitutions (Bill of Rights) strike a balance by ensuring citizens’ rights and limiting government powers.
    • The Bill of Rights acts as a protective framework against both private and government encroachments on individual rights.
    • This balance maintains the rule of law and upholds democracy’s fundamental principles.
  • Bill of Rights in the Indian Constitution:  India’s Constitutional Shield
    • This bill of Rights is enshrined in the Indian constitution in the form of Fundamental Rights. 
    • Constitutional Protections: These fundamental rights are protected by the constitution itself, and hence it becomes imperative for the government to protect them. 

Case Study: Bill of Rights in South African Constitution:

  • The South African Constitution was established in December 1996, developed during a period of potential civil conflict post the end of Apartheid rule. It explicitly prohibits discrimination based on factors such as race, gender, age, religion, disability, etc.
  • South African citizens are granted an extensive array of rights such as: Right to Dignity, Right to Privacy, Environmental Rights, Right to Education, Right to Information and other rights.
  • A specialized constitutional court ensures the protection and enforcement of the rights enshrined in the Constitution.
  • Thus, this comprehensive Bill of Rights reinforces the foundation of democracy and equality in South Africa.

Conclusion:

  • Fundamental rights are crucial in any democratic society as they protect the individual’s core liberties and provide a foundation for a just and equitable society.
  • They form the basis of a fair legal system and ensure that citizens can express themselves freely,

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हिंदी में भी उपलब्ध
Quick Revise Now !
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

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