Question 1 of 14intermediate⚖️ EvaluateEssay4 marks

Assuming that the facts given above are correct, you have to decide: Does this case involve violation of Fundamental Rights? What would you order the government to do in this case?

Correct Answer

Yes, this case involves a clear violation of Fundamental Rights. The actions described violate multiple fundamental rights guaranteed under the Indian Constitution.

First, the Right to Equality is violated as the dalit community is being discriminated against on the basis of caste. Forcing them to perform degrading tasks like washing feet of upper caste men while such customs are not imposed on others is a clear case of inequality and discrimination.

Second, the Right against Exploitation is violated. The beating of four women and parading one woman naked constitutes physical assault and inhuman treatment, which amounts to exploitation and humiliation.

Third, the Right to Life and Personal Liberty is violated. The violence and public humiliation inflicted on the women threatens their life, dignity, and personal freedom.

As a judge, I would order the government to: (1) provide immediate protection to the dalit community and ensure their safety; (2) arrest and prosecute the perpetrators of violence; (3) provide compensation to the victims; and (4) ensure that no one is forced to perform such customary jobs against their will, as the Constitution guarantees equality to all citizens regardless of caste.

Exercise: You are the Judge | Q: 1 | (Page 8)
For More Understanding

Explanation

This question tests the student's understanding of Fundamental Rights and their application to real-life situations. The case involves multiple violations: Right to Equality (Articles 14-18) as caste-based discrimination is prohibited; Right against Exploitation (Articles 23-24) as physical violence and humiliation constitute exploitation; and Right to Life and Personal Liberty (Article 21) as dignity is an essential component of the right to life. The textbook context mentions similar situations where caste groups are forced to continue traditional occupations, indicating violation of Fundamental Rights. Students should identify these violations and suggest appropriate government action as a judge would.

Solution Steps

  1. Step 1: Identify the violations - discrimination based on caste, physical violence, and humiliation

  2. Step 2: Link each violation to specific Fundamental Rights

  3. Step 3: Suggest remedial actions the government should take as per constitutional provisions

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