Article 20 is one of the essential pillars of fundamental rights guaranteed by the Constitution of India. It mainly deals with the protection of certain rights in case of conviction for offences. When an individual, as well as corporations, are accused of crimes, the provisions of Article 20 safeguard their rights in order to attain the Justice, equity and good conscience.
Strict liability is a concept that holds a party responsible for their actions or products, without the plaintiff having to prove negligence or fault. In Strict Liability, a person may be held liable for some harm even if there is no negligence on his part or he has no intention to inflict such harm i.e. even if the person has taken necessary precautions, he would be made liable under the doctrine of strict liability. That is why strict liability is also known as ‘no-fault liability’.
Before India got independence, our Indian society mollycoddled the caste system and entertained evil social practice, the significance of which is still somehow fresh in independent India. People abhor lower caste people, tender them to be unmerited people and fit for no work, the only work they can do is either as a labourer or a slave of someone. they do not get any chance of better employment to represent them in a proper platform to enhance the obscure status of their caste. Results of this pretentious noble people exploit them for their misdeeds and for-profit, in modern days traffic of humans especially of women and children showed to be the reclining reason for exploitation in the form of prostitution, bonded labour & begar. Although the need to maintain balance in society was observed by the Constitutional framers prematurely, made a solution according to the prevailing condition of social order. To avoid evil practices and to secure the dignity of life and the happy living of every citizen, incorporation of Article 23& 24 makes better annotation.
Indian penal code 1860, provides offences by the virtue of wrongful act and also ascribes the punishment of the same offence. In chapter V1 of Indian penal code offences against the state defined. One of the offences against the State is, waging war or attempting to wage war against the government. Here war is not a conventional war between the two countries, organizing and joining resurrection against the government of Indian can be termed as waging war against the government of India. Lucabate section 121 in detail.
The Doctrine Of Basic Structure Was Primarily Propounded By Justice Hr Khanna, A Former Judge Of The Apex Court Of India He Was Of The Opinion, That The Constitution Has Certain Basic Principles Upon Which The Whole Spirit Of It Stands.
According To Article 368, Parliament And State Legislatures Have The Authority To Amend The Constitution Within Their Respective Jurisdictions. However, The Power Is Not Absolute In Nature. The Constitution Empowers The Judiciary To Interpret The Constitutional Validity Of The Laws Made By The Legislature.
If A Law Violates Any Of The Provision Or Is In Contravention Of It, The Judiciary Has The Power To Declare And Quash It Down.
Generally, the word negligence is used as a synonym of the word ‘carelessness’. But, when we talk about its legal sense, it signifies a failure to exercise the standard of care which a reasonable man should, by law, have exercised in the given circumstances. So, Negligence can be described as a situation in which damage is caused to a person because of the careless act or omission of the other person. In other words, it is a failure to take proper care over something or breach of a duty of care which results in some damage.
What if your neighbour ordered a pizza, but it was delivered to you by mistake, and you galloped it, are you bound to pay him? What if you are standing on the roadside and auto-rickshaw comes beside you and the driver asks, do you want to go sector 22 and you sit in the rickshaw, without contemplating about the fare, are you bound to pay? Yes, you are bound to pay in both conditions you can’t make excuses that there was no contract.Â
We are living in a modern age, where people have an abundance of amenities with convalescent civilization, but still, we are not equal in a matter of equality. In our Indian culture, upper class have superiority complexes, which creates a hindrance to accepting the facts of equality in all terms. Nevertheless our constitutional framer’s insight the condition of this mentality, in order to neutralize they embodied the concept of an article 15 in our Indian constitution.
ARE WE GOING BACK TO THE AGE FROM WHERE WE STARTED AS ANIMALS WHICH THEN EVOLVED TO HUMAN BEINGS?
Why am I asking this question? What is the need for it? I will tell you, but before that just think of the mentality of the people around yourself. Is their behaviour totally manly or there are some conflicts. You are so lucky if you are unable to find any flaws. Because one after the other, the cases of violence not only against human being but animals are getting reported and the count is only increasing.
