On
August 15, India celebrates
its 68th Independence Day, the day that marked the end of British rule in India
and the birth of a new nation. The Constitution of India that came into force
in January 1950 laid out the basic framework and governing principles of how
laws were to be framed in the country. As the Fundamental Rights and Directive
Principles of the Constitution enumerate, the idea was to deliver maximum
freedom to the people.
However,
the Constitution was careful to include restrictions so that unhindered rights
would not be detrimental to the rights enjoyed by others. Various legislations
have been passed by the Indian Parliament over the 67 years of its history.
Below, we list out six landmark legislations that have guaranteed and ensured
freedom for the people in the country.
1.
Bonded Labour System (Abolition) Act, 1976: The Act abolished the practice
of bonded labour in the country, freeing a person from any bonded services and
liquidated the debts as well. The property of the bonded labourer was freed
from bondage and the practice of bondage was made punishable by law.
2.
Hindu Code Bills: This comprises several laws passed in the 1950s
including the Hindu Marriage Act, Hindu Succession Act, Hindu
Minority and Guardianship Act, and the Hindu Adoptions and Maintenance Act. The
Hindu Marriage Act out-lawed polygamy and set the minimum age of marriage at 18
years for women and 21 years for men, and made the valid consent of both
parties mandatory for marriage. It contained provisions for inter-caste
marriages and divorces, give daughters legal rights to inherit like sons, and
also paved the way for the adoption of Hindu girls. However, these acts
generated much controversy as it was targeted only at Hindus and did not
concern any other religion. In fact, introduction of a Uniform Civil Code is
still a subject that political parties shy away from.
3.
Right to Education Act: One of the promises of the Constitution during
independence came in the form of Directive Principles. These were rights the
leaders felt the citizens deserved but the State was not ready to make it
legally justiciable. The right to education was a directive principle that was
later turned into a fundamental right of the citizen. The Right of Children to
Free and Compulsory Education (RTE) Act, 2009, means that every child has a
right to full-time elementary education of “satisfactory and equitable quality
in a formal school which satisfies certain essential norms and standards”. The
government authorities have to ensure admission and completion of elementary
education for all children from 6-14 years of age. This Act, if properly
implemented, could be the one that frees India from the shackles of
illiteracy.
4.
Criminal Law (Amendment) Act-2013: This Act raised the punishment for
rapes to not less than 20 years and extending up to imprisonment for the rest
of the life of the convict. It could hand out death sentences for convicts who
had been convicted in the past as well. It also includes stalking (defines the
term as well) as a non-bailable offence when repeated for the second time. The
Bill was formed incorporating the suggestions of the Verma Committee. However
the Bill left out the crucial suggestions of the need to review AFSPA (Armed
Forces (Special Powers) Act, 1958) and change the provisions of marital rape.
5.
Zamindari Abolition: Land is a state subject and land reforms had to be
enacted and implemented by the state governments separately. Though there is no
uniformity in the laws and the implementation was sketchy, the Union government
amended the Constitution to remove right to property as a fundamental right.
This then lead to the abolition of the extractive system of Zamindari, which
was a baggage the British had brought with them. With the abolition
of Zamindari came land ceilings, better tenancy rights and
redistribution of land among the landless, aiming at more equitable
distribution of wealth and income.
6.
Food Security Act: Despite the controversies surrounding this Act, it
cannot be denied that India
ranks at a dismal 63 out of 78 worst performers in the World Hunger Index. The
other South Asian countries fare much better, with Sri
Lanka at 43, Nepal
at 49, Pakistan at 57 and Bangladesh at
58. Child malnutrition is even worse, with the absolute number of
malnutritioned children in India
being greater than sub-Saharan Africa . The
Food Security Act is the only such Act that is ambitious, but promises to feed
nearly 70% of its population. If the government can work out the implementation
of the Act, India
might be finally free from the fear of hunger.
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