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Constitution of India

Under the Constitution of India, there are certain fundamental rights that can be enforced in courts of law. These fundamental rights include the right to equality (Article 14) and the right to live in dignity (Article 21). Disabled citizens have the same rights as other citizens and should be given the opportunities to participate effectively in society.

Article 14: 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.

Article 21: Protection of life and personal liberty

No person shall be deprived of his life or personal liberty except according to procedure established by law.

The Constitution also includes Directive Principles of State Policy that contain the aims and objects of a welfare state. Unlike Fundamental Rights, the Directive Principles of State Policy cannot be enforced. But like international declarations they form guidelines and directives for the legislative, executive and judiciary. The Directive Principles require to be implemented by legislation to create any justifiable rights. The major guidelines included in the Directive Principles of State Policy are:


Article 38: State to secure a social order for the promotion of welfare of the people

The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life.

The State shall, in particular, strive to minimize the inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations.

Article 46: Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections

The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.

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