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# UPSC Mains Daily Answer Writing - 16 October (GS 2)
- URL: https://www.upscprep.com/upsc-mains-daily-answer-writing-16-october-gs-2/
- Published: 2023-10-16T04:30:39.000Z
- Updated: 2023-10-16T04:30:38.000Z
- Author: UPSCprep.com
- Tags: UPSC Mains Daily Answer Writing

### **Questions**

1. **The Constitution of India is a living instrument with capabilities of enormous dynamism. It is a constitution made for a progressive society." Illustrate with special reference to the expanding horizons of the right to life and personal liberty. (15)**
2. **Explain the constitutional perspectives of Gender Justice with the help of relevant Constitutional Provisions and case laws. (15)**

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### Model Solutions

\*\*1\. The Constitution of India is a living instrument with capabilities of enormous dynamism. It is a constitution made for a progressive society." Illustrate with special reference to the expanding horizons of the right to life and personal liberty.(15) \*\*

**Model Structure** 
**Introduction**

- Constitutional Article 368- amendment process not too rigid not too flexible
- Total 105 amendments since 1950.

**Main body**  
**Dynamism of the constitution:**

- 52nd CAA- anti defection 10th schedule
- 73rd and 74th CAA: Panchayati Raj Institutions (PRIs) and Urban Local Bodies (ULBs) to decentralise governance and empower local self-government.
- 86th CAA: Article 21-A to provide the right to education for children aged 6 to 14 as a fundamental right.
- 101st CAA- Accommodating economic reforms, GST
- 102nd CAA- Constitutional status to the National Commission for Backward Classes (NCBC)
- 103rd CAA- 10% for the economically weaker sections (EWS)

**Expanding horizons of the right to life and personal liberty**

- A.K Gopalan VS. The state of Madras (1951): The protection of Article 21 is available only against the executive action. But the legislature may deprive a person by making a law.
- Maneka Gandhi (1978) Judgement  
  - Right to life and personal liberty is not confined to mere animal existence but includes the right to live with human dignity.
- Hussainara Khatoon case (1979)  
  - Wider interpretation of Article 21 and held that speedy trial is that the fundamental right of every citizen
- Puttaswamy case (2017)  
  - Right to privacy is a fundamental right
- Common Cause v. Union of India (2018)  
  - Passive Euthanasia, right to die with dignity was a fundamental right under Article 21.
- Navtej Singh Johar VS. UoI (2018)  
  - The Bench unanimously found that the criminalisation of sexual acts between consenting adults to be violation of the Article 14, 15, 19, and 21 of Indian Constitution

**Conclusion**

- Contemporary relevance for eg: In the age of 4th industrial revolution, Indian constitution and laws are accommodating Technology. For eg: The Personal Data Protection Bill, 2019.

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**2\. Explain the constitutional perspectives of Gender Justice with the help of relevant Constitutional Provisions and case laws.(15)**

**Model Structure** 
**Introduction**

- Definition based by explaining Gender justice- Equal access to resources and opportunities regardless of gender, including economic participation and decision-making
- Data/ Report:  
  - Gender Gap Report, 2023, India ranked 127 out of 146
  - The Gender Inequality Index component, which was part of UNDP's Human Development Index (HDI) 2021, ranked India the 122nd out of 190 countries.

**Main body**  
**Constitutional Provisions**

- Preamble- Equality, Liberty , Freedom, Justice
- Fundamental Rights

  - Article 14 - Right to Equality
  - Article 15 - Prohibition of Discrimination
  - Article 16 - Equality of Opportunity in Public Employment
- DPSP

  - Article 39: equal pay among men and women for the same work
- Fundamental Duties

  - Article 51 A (e) mandates to renounce practices derogatory to the dignity of women  
  Case laws
- Vishakha VS State of Rajasthan (1997)

  - SC commissioned the Vishaka guidelines that defined sexual harassment and put the onus on the employers to provide a safe working environment for women.
- Mohd. Ahmed Khan v. Shah Bano Begum (1985)

  - The court ruled that a divorced Muslim woman is entitled to maintenance under Section 125 of the Code of Criminal Procedure, 1973, despite any conflicting provisions of Muslim personal law.
- Mary Roy VS State of Kerala (1986)

  - Christian women to enjoy equal property rights
- Lata Singh VS State of Uttar Pradesh & Anr (2006)

  - The validity of inter-caste marriages
- Suhas Katti VS Tamil Nadu (2004)

  - SC-to convict a person on the grounds of sending obscene messages by harming the reputation and character of the woman and also by outraging her modesty-Cyber Bullying.
- Young Lawyers Association v State of Kerala (2019)

  - SC held that the restrictions upon the entry of women between the ages of 10-50 into the Sabarimala shrine were unconstitutional
- CEHAT v. Union of India

  - The Supreme court-banned all advertisements relating to pre-natal sex determination techniques.
- Secretary, Ministry of Defence v. Babita Puniya & Ors.

  - All women army officers are eligible for permanent commissions, allowing them to be in commanding roles.
- The Medical Termination of Pregnancy Act judgement (2022)

  - Unmarried women in a consensual relationship are also entitled to safe and legal abortion

**Conclusion**

- Give examples of women’s achievement for eg: Women President, Squadron Leader Avani Chaturvedi, Shaliza Dhami Becomes First Woman IAF Officer to Command Frontline Combat Unit.

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