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UPSC Dictionary

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The Right to Education Act (2009) under Article 21A makes free and compulsory education a fundamental right for children aged 6-14.

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UPSC Dictionary

Social Issues

Social Issues is a fundamental concept referring to deep-rooted problems that disrupt the social fabric and impede a nation's inclusive development, such as poverty, gender discrimination, and caste-based exclusion. These issues are deviations from a social ideal, resulting in unfavorable circumstances that require collective action. The origin of many social issues, like the caste system, is historical, but the formal commitment to address them began with the Indian Constitution, which came into effect on January 26, 1950. The Constitution's framers sought to correct centuries of inequality rooted in caste, class, and gender.

The mechanism for addressing these issues is enshrined in the Constitution's Fundamental Rights and Directive Principles of State Policy (DPSP). Article 17 in Part III directly abolishes "untouchability" and makes its practice a punishable offense. The DPSP, particularly Article 38, mandates the state to secure a social order where justice—social, economic, and political—pervades all institutions and minimizes inequalities. Furthermore, Article 46 directs the state to promote the educational and economic interests of Scheduled Castes, Scheduled Tribes, and other weaker sections.

This constitutional framework connects to specific legal provisions like Article 15(4) and Article 16(4), which enable affirmative action and reservation for socially and educationally backward classes. It also connects to specific legislation, such as the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, which criminalizes caste-based violence. Recently, the legal landscape addressing social issues has undergone a major change with the replacement of the Indian Penal Code (IPC) by the Bharatiya Nyaya Sanhita in July 2024. This new law includes provisions for faster investigations in crimes against women and children and clarifies the definition of consent in sexual assault cases. The new law also expands the scope of the sedition provision (formerly IPC 124A) to cover acts "endangering the sovereignty, unity, and integrity of India".

References

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  • vajiramandravi.com
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  • yourarticlelibrary.com
  • evs.institute
  • sleepyclasses.com
  • civilsdaily.com
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  • ijirl.com
  • canadianlawyermag.com
  • newsonair.gov.in
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