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Safeguards for accused and preventive detainees
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ARTICLES 21A AND 22 - Right to education enshrined under Article 21A and the safeguards guaranteed to persons accused of a crime and persons arrested under preventive detention enshrined under Article 22 explained.

Deepika Reddy Magham is teaching live on Unacademy Plus

Deepika Reddy Magham
BCA, LLB, MBA; Director, Shikara IAS Academy; 10 years experience in teaching Indian Polity, Ethics, Indian Society and Social Justice.

Unacademy user
Article 21 is safeguard then why 21A added which is right and not a safeguard to right?
Mam, Then Right to Education is a fundamental right not a directive. If it is violated children can approach supreme court directly ?
yes we can because it is a fundamental right under Article 21A. However the voilation must be done by the state that is those authorities which come under the definition of the state

  2. ARTICLE 21A added to the Constitution by the 86th Constitutional Amendment Act 2002 and is enforced through the Right to Education Act 2010 ensures a fundamental right to free and compulsory education to children belonging to the age group of 6 to 14 years.

  3. ARTICLE 22 deals with protection against arrest or detention in certain cases. lists safeguards for people accused of crime and for people arrested on grounds of preventive detention in anticipation of a crime.

  4. SAFE GAURDS FOR THE ACCUSED ARE The person who is arrested as an accused of a crime should be The person should be allowed to consult an advocate to defend The arrested person shall be produced before the nearest immediately informed about the grounds on which he is arrested. himself judicial magistrate within 24 hrs of the arrest.

  5. SAFE GAURDS FOR THE PERSONS DETAINED UNDER PD ARE 1. Every case of preventive detention must be authorized by law. 2. A person can be detained for only three months on ground of preventive detention. 3. Every case of preventive detention for a period longer than 3 months must be placed before and advisory board comprising persons qualified to be judge in a HC

  6. SAFEGAURDS FOR THE PERSONS DETAINED UNDER PD ARE 4. No person who is detained under any preventive detention law can be indefinitely detained i.e., every preventing detention law must specify the max period of detention. 5. A person detained should be informed of the grounds of this detention and must have the earliest opportunity of making a representation against order of detention