XI. HOW THE GUJARAT GOVERNMENT BROKE THE LAW
Violation of the Constitution of India
communal violence that engulfed the state of Gujarat in 2002, was a gross
violation of the Principles enshrined in the Indian Constitution. Not only
were the acts of the government and other perpetrators violative of the
Fundamental Rights of the victims but also their other rights as mandated
in the constitution.
a summary of some of the articles of the Indian Constitution that were
abrogated in Gujarat in 2002, the biggest traversty being that till date
they have not been redressed:
Equality before law.—The State shall not
deny to any person equality before the law or the equal protection of the
laws within the territory of India.
Prohibition of discrimination on grounds of religion, race, caste, sex or
place of birth.—(1) The State shall not
discriminate against any citizen on grounds only of religion, race, caste,
sex, place of birth or any of them.
citizen shall, on grounds only of religion, race, caste, sex, place of
birth or any of them, be subject to any disability, liability, restriction
or condition with regard to—
access to shops, public restaurants, hotels and places of public
the use of wells, tanks, bathing ghats, roads and places of public resort
maintained wholly or partly out of State funds or dedicated to the use of
the general public.
Protection of certain rights regarding freedom of speech, etc.—(1)
All citizens shall have the right—
(a) to freedom of
speech and expression;
(b) to assemble
peaceably and without arms;
(c) to form
associations or unions;
(d) to move freely
throughout the territory of India;
(e) to reside and
settle in any part of the territory of India; and
(g) to practise any
profession, or to carry on any occupation, trad or business.
Protection in respect of conviction for offences.—(1)
No person shall be convicted of any offence except for violation of a law
in force at the time of the commission of the Act charged as an offence,
nor be subjected to a penalty greater than that which might have been
inflicted under the law in force at the time of the commission of the
person shall be prosecuted and punished for the same offence more than
person accused of any offence shall be compelled to be a witness against
Protection of life and personal liberty.—No
person shall be deprived of his life or personal liberty except according
to procedure established by law.
Protection against arrest and detention in certain cases.
—(1) No person who is arrested shall be detained in
custody without being informed, as soon as may be, of the grounds for such
arrest nor shall he be denied the right to consult, and to be defended by,
a legal practitioner of his choice.
person who is arrested and detained in custody shall be produced before
the nearest magistrate within a period of twenty-four hours of such arrest
excluding the time necessary for the journey from the place of arrest to
the court of the magistrate and no such person shall be detained in
custody beyond the said period without the authority of a magistrate.
Freedom of conscience and free profession, practice and propagation of
religion.—(1) Subject to public
order, morality and health and to the other provisions of this Part, all
persons are equally entitled to freedom of conscience and the right freely
to profess, practise and propagate religion.
Nothing in this article shall affect the operation of any existing law or
prevent the State from making any law—
or restricting any economic, financial, political or other secular
activity which may be associated with religious practice;
for social welfare and reform or the throwing open of Hindu religious
institutions of a public character to all classes and sections of Hindus.
Explanation I.—The wearing and carrying of
kirpans shall be deemed to be included in the profession of the
Explanation II.—In sub-clause (b) of
clause (2), the reference to Hindus shall be construed as including a
reference to persons professing the Sikh, Jaina or Buddhist religion, and
the reference to Hindu religious institutions shall be construed
Freedom to manage religious affairs.—Subject
to public order, morality and health, every religious denomination or any
section thereof shall have the right—
establish and maintain institutions for religious and charitable purposes;
(b) to manage
its own affairs in matters of religion;
(c) to own and
acquire movable and immovable property; and
administer such property in accordance with law.
Protection of interests of minorities.—(1)
Any section of the citizens residing in the territory of India or any part
thereof having a distinct language, script or culture of its own shall
have the right to conserve the same.
citizen shall be denied admission into any educational institution
maintained by the State or receiving aid out of State funds on grounds
only of religion, race, caste, language or any of them.
Remedies for enforcement of rights conferred by this Part.—(1)
The right to move the Supreme Court by appropriate proceedings for the
enforcement of the rights co(2) The Supreme Court shall have power to
issue directions or orders or writs, including writs in the nature of
habeas corpus, mandamus, prohibition, quo warranto and
certiorari, whichever may be appropriate, for the enforcement of any
of the rights conferred by this Part.
Without prejudice to the powers conferred on the Supreme Court by clauses
(1) and (2), Parliament may by law empower any other court to exercise
within the local limits of its jurisdiction all or any of the powers
exercisable by the Supreme Court under clause (2).
right guaranteed by this article shall not be suspended except as
otherwise provided for by this Constitution.
Equal justice and free legal aid.—The State
shall secure that the operation of the legal system promotes justice, on a
basis of equal opportunity, and shall, in particular, provide free legal
aid, by suitable legislation or schemes or in any other way, to ensure
that opportunities for securing justice are not denied to any citizen by
reason of economic or other disabilities.
Separation of judiciary from executive.—The
State shall take steps to separate the judiciary from the executive in the
public services of the State.