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Lalit Patel (researcher)     04 March 2013

Indian constitution and fundamental rights

I'm currently doing a research on the subject of caste discrimination in India. I have searched internet for some of the informationI'm seeking, but have been unable to find satisfactory answers. I am wondering if someone here can answer some of the questions I have.

1) Indian Constitution, especially articles 14th through 21st, guarantees protection of fundamental rights. However, these articles only mention violation by the state and the government. What about the violation by citizen or private companies? Are individuals or companies that violate another citizen's rights or discriminate  not liable for protecting human rights?

2) If there's ever a lawsuit brought against a citizen or private company for violating someone's fundamental right what will be the charges in that case? Will the accused be charged as violating the Constitution or will they be charged with some other Indian Penal Codes? If so, which codes?

3) what can be the ultimate vedict or punishment for these violators?

Thank you...



Learning

 4 Replies

Rajendra Shrivastava (advocate)     04 March 2013

you can avail remedy under human protection act by filing complain under section 30 therof.

Sudhir Kumar, Advocate (Advocate)     05 March 2013

be specific on query.


(Guest)

@Querist,

 

1.A company is also a juristic person.

 

2.If a company voilates a fundamental right of a person,aggrieved person may reach to the right court by invoking certain writs.

 

3.Search google for such cases.One of the famous case is

 

(a)Mr. X vs Hospital Z

 

4.Voilation of fundamental rights impose a civil liability rather than a criminal one. Compensation may be granted in case of such breach.

 

Hope that suffice.

 

Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,

Rajendra Shrivastava (advocate)     07 March 2013

setion 30 0f human right protection act is usefull.


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