Why helping poor people is not a fundamental duty in indian constitution?????
AYAN
(Querist) 31 January 2013
This query is : Resolved
first and foremost duty of all men and women is to help poor and distress people. living a life for own benifit is not a life. living a life for other's benifit is a true life. living a life to help poor , needy,distress people is a proper life. so one should live a life for other people mainly for poor and distressed people's benifit. every body should help poor and distreessed people.
this should be another fundamental duty in INDIAN CONSTITUTION.
GOVERNMENT SHOULD MAKE A STRINGENT LAW IN WHICH EVERY CITIZEN(EVERY MAN AND WOMAN) WHO ARE DOING JOBS HAS TO DONATE ATLEAST 25% OF THEIR INCOME COMPULSORILY.
FOR THIS GOVERNMENT HAS TO MAKE A PROJECT IN WHICH EVERY CITIZEN WHO ARE DOING JOBS HAS TO DONATE MONEY TO THE GOVERNMENT. AND THEN GOVERNMENT WILL SEND THESE MONEY TO THE POOR PEOPLE
ajay sethi
(Expert) 31 January 2013
academic query
R.K Nanda
(Expert) 31 January 2013
yes, it should be.
jeena uska jo dusoron ki liye jeai.
Anirudh
(Expert) 31 January 2013
I hope you have not eaten and you are not wearing any clothes, and you are not under a roof, and you have no bank balance and you have spent everything on poor!
Please confirm whether the above is true.
Nadeem Qureshi
(Expert) 01 February 2013
Dear Ayan
It is moral duty of the society to help poor, in indian constitution The Directive Principles of State Policy, embodied in Part IV of the Constitution, are directions given to the State to guide the establishment of an economic and social democracy, as proposed by the Preamble.[74] They set forth the humanitarian and socialist instructions that were the aim of social revolution envisaged in India by the Constituent Assembly.[75] The State is expected to keep these principles in mind while framing laws and policies, even though they are non-justiciable in nature. The Directive Principles may be classified under the following categories: ideals that the State ought to strive towards achieving; directions for the exercise of legislative and executive power; and rights of the citizens which the State must aim towards securing.[74]
Despite being non-justiciable, the Directive Principles act as a check on the State; theorised as a yardstick in the hands of the electorate and the opposition to measure the performance of a government at the time of an election.[76] Article 37, while stating that the Directive Principles are not enforceable in any court of law, declares them to be "fundamental to the governance of the country" and imposes an obligation on the State to apply them in matters of legislation.[77] Thus, they serve to emphasise the welfare state model of the Constitution and emphasise the positive duty of the State to promote the welfare of the people by affirming social, economic and political justice, as well as to fight income inequality and ensure individual dignity, as mandated by Article 38.[78][79] s, in order to ensure equitable distribution of land resources.[80]
Article 39 lays down certain principles of policy to be followed by the State, including providing an adequate means of livelihood for all citizens, equal pay for equal work for men and women, proper working conditions, reduction of the concentration of wealth and means of production from the hands of a few, and distribution of community resources to "subserve the common good".[81] These clauses highlight the Constitutional objectives of building an egalitarian social order and establishing a welfare state, by bringing about a social revolution assisted by the State, and have been used to support the nationalisation of mineral resources as well as public utilities.[82] Further, several legislations pertaining to agrarian reform and land tenure have been enacted by the federal and state governments, in order to ensure equitable distribution of land resources.[80]
Articles 41–43 mandate the State to endeavour to secure to all citizens the right to work, a living wage, social security, maternity relief, and a decent standard of living.[83] These provisions aim at establishing a socialist state as envisaged in the Preamble.[84] Article 43 also places upon the State the responsibility of promoting cottage industries, and the federal government has, in furtherance of this, established several Boards for the promotion of khadi, handlooms etc., in coordination with the state governments.[85] Article 39A requires the State to provide free legal aid to ensure that opportunities for securing justice are available to all citizens irrespective of economic or other disabilities.[86] Article 43A mandates the State to work towards securing the participation of workers in the management of industries.[84] The State, under Article 46, is also mandated to promote the interests of and work for the economic uplift of the scheduled castes and scheduled tribes and protect them from discrimination and exploitation. Several enactments, including two Constitutional amendments, have been passed to give effect to this provision.[87]
Article 44 encourages the State to secure a uniform civil code for all citizens, by eliminating discrepancies between various personal laws currently in force in the country. However, this has remained a "dead letter" despite numerous reminders from the Supreme Court to implement the provision.[88] Article 45 originally mandated the State to provide free and compulsory education to children between the ages of six and fourteen years,[89] but after the 86th Amendment in 2002, this has been converted into a Fundamental Right and replaced by an obligation upon the State to secure childhood care to all children below the age of six.[52] Article 47 commits the State to raise the standard of living and improve public health, and prohibit the consumption of intoxicating drinks and drugs injurious to health.[90] As a consequence, partial or total prohibition has been introduced in several states, but financial constraints have prevented its full-fledged application.[91] The State is also mandated by Article 48 to organise agriculture and animal husbandry on modern and scientific lines by improving breeds and prohibiting slaughter of cattle.[92] Article 48A mandates the State to protect the environment and safeguard the forests and wildlife of the country, while Article 49 places an obligation upon the State to ensure the preservation of monuments and objects of national importance.[93] Article 50 requires the State to ensure the separation of judiciary from executive in public services, in order to ensure judicial independence, and federal legislation has been enacted to achieve this objective.[94][95] The State, according to Article 51, must also strive for the promotion of international peace and security, and Parliament has been empowered under Article 253 to make laws giving effect to international treaties.
Guest
(Expert) 01 February 2013
Ayan,
Good piece of advice! However, easy said than done. Of course members would be delighted to know as to how many poor and distress people and in which manner have so far been helped by you?
By the way how many, in your views, should be the fundamental rights of a person that should be granted through the Constitution and how & by whom the Government should be convinced to be ready to include such fundamental rights, Also, how do you sugges to get implemented and by whom if people are not able to discharge their responsibility, as per the Constitution?
A question for you, as a web developer, for how many needy and poor people you have registered domain names, developed and set up their websites so far at your own cost to enable them earn their livelihood?
V R SHROFF
(Expert) 01 February 2013
Suggestion must be to Parliament.
Part of Religion, Niti, Dharam,
Law only enforce what people decide as Act in Parliament.
Rules are made by Ruler,King.We cannot constitute it.
R.K Nanda
(Expert) 01 February 2013
Dear Anirudh,
it is ur statement and u must be knowing
that whether it is true or not.
AYAN
(Querist) 01 February 2013
a suggession:
GOVERNMENT SHOULD MAKE A STRINGENT LAW IN WHICH EVERY CITIZEN(EVERY MAN AND WOMAN) WHO ARE DOING JOBS HAS TO DONATE ATLEAST 25% OF THEIR INCOME COMPULSORILY.
FOR THIS GOVERNMENT HAS TO MAKE A PROJECT IN WHICH EVERY CITIZEN WHO ARE DOING JOBS HAS TO DONATE MONEY TO THE GOVERNMENT. AND THEN GOVERNMENT WILL SEND THESE MONEY TO THE POOR PEOPLE.
Guest
(Expert) 01 February 2013
Ayan,
You have not come forward with reply to my queries about you, what you have done so far to implement your own idea, which you are prodessing for others?
About laws, there is a jungle of laws, which even more than 95% people are not aware of. Even you would be violating one or the other law out of ignorance at all the times and you are suggesting to make even such a dictatorial law in a democratic country of India. Most of the people try to evade payment of genuine taxes and you are suggesting compulsory deduction of the income of the people.
Can you suggest how the Government should assess the income of people other than salaried class, where TDS is possible, when the Government has not yet been able to lay hand on the black money worth lakhs of crores with the nusiness & political class of people?
By the way, just tell me, how much money you have donated so far towards the already established welfare funds the Government of India, like the the Prime Minister's Relief Fund, etc.? Such funds are only for the welfare of the common people only.
Guest
(Expert) 02 February 2013
If you like a big list where you can donate freely to help the needy people, the same is also given below. Try to donate as much as you like.
- Nationla Defence Fund
- Jawaharlal Nehru Memorial Fund
- Prime Minister's Drought Relief Fund
- Prime Minister's National Relief Fund
- Prime Minister's Armenia Earthquake Relief Fund
- Africa (Public Contributions-India) Fund
- National Children's Fund
- National Foundation for Communal Harmony
- Chief Minister's Earthquake Relief Fund
- Zila Saksharta Samiti
- Medical Relief Funds of state govt.
- Army Central Welfare Fund, Indian Naval Ben. Fund, Air Force Central Welfare Fund
- National Illness Assistance Fund
- Chief Minister's or Lt. Governor's Relief Fund
- Donations to govt./ local authority for charitable purposes (excluding family planning)
- National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation & Multiple Disabilities
- Andhra Pradesh Chief Minister's Cyclone Relied Fund
All these funds are for the purpose of help to the poor, destitutes and helpless people. Anyone can donate to his maximum or minimum capacity (no compulsion, as you propose 25% conpulsory deduction).
Just intimate if you have donated even 1% of your salary to any of these funds for the welfare of the society?
Try to propose only what good thing you are actually practising or volunteering for yourself in the development of the society, rather than theoretical advice merely by utterances, which everyone can do to win sympathy of some section of society just for a while.
Everything cannot be made part of laws. These matters are just for volunteering by individuals.
R.K Nanda
(Expert) 02 February 2013
donation should be obligatory and not
mandatory.
Raj Kumar Makkad
(Expert) 03 February 2013
There are many schemes and programme for the help of poor like this site.
Sudhir Kumar, Advocate
(Expert) 09 February 2013
If one sells half of his property and give it to poor relative the poor relative will attempt on remaining half.
The proposal if implemented will break the society and will create a swamp of idle citizens.
prabhakar singh
(Expert) 09 February 2013
Government has already a law to collect Income Tax which is too stringent,yet Govt. uses it irresponsibly and all goes to grabbers politicians and executives.Are you one among them?
The rest of the charity should be optional so that an individual may decide on it's own
you need charity or not?
