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Cases cited for the legal proposition you have searched for.

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1

...: “Everyone has the right to own property alone as well as in association with others.” Article 22 envisages that: “Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort … and resources of each State … of the economic, social and cultural rights indispensable for his dignity and the free development of...necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.” Similarly are the social, civil, economic and cultural rights given in European Convention.8. The Declaration on the Right to Development to...their active, free and meaningful participation in development and in the fair distribution of benefits resulting therefrom. Article 1 assures that “The right to development is an inalienable human...


Court: Supreme Court Of India
Date: Feb 22, 1995 Cited By: 164 Coram: 2
2

...on the Hindu female limiting her right to property without full ownership thereof. The discrimination is sought to be remedied by Section 14(1) enlarging the scope of acquisition of the property by a Hindu female appending an explanation with it.16. The General Assembly of the United Nations adopted a declaration on 4-12-1986 on “The Development of...the Right to Development” in...Nation States are concerned at the existence of serious obstacles to development and complete fulfilment of human beings, denial of civil, political, economic, social and cultural rights. In order to promote development, equal attention should be given to the implementation, promotion and protection of civil, political, economic, social and political rights.17. Article 1(1) assures right to...


Court: Supreme Court Of India
Date: Jan 30, 1996 Cited By: 109 Coram: 3
3

..., including the right to development, as well as respect for cultural diversity, are essential for achieving sustainable development and ensuring that sustainable development benefits all...are set as under:“Principle 3The right to development must be fulfilled so as to equitably meet developmental and environmental needs of present...observed that the right to have access to drinking water is fundamental to life and it is the duty of the State under Article 21 to provide clean drinking water to its citizens.70. The United Nations Water Conference in 1977 observed as under:“All people, whatever their stage of development and...


Court: Supreme Court Of India
Date: May 12, 2006 Cited By: 614 Coram: 2
4

..., direct its policy towards securing that the citizens, men and women equally, have the right to an adequate means of livelihood. Article 41, which is another Directive Principle, provides, inter alia, that the State shall, within the limits of its economic capacity and development, make....21. The General Assembly of the United Nations adopted a Declaration on 4-12-1986 on “The Right to Development” in which India played a crusading role for its adoption and ratified the...same. Its preamble cognizes that all human rights and fundamental freedoms are indivisible and interdependent. All Nation States are concerned at the existence of serious obstacles to development and complete fulfilment of human beings, denial of civil, political, economic, social and cultural rights. In order to promote development, equal attention should be given to the implementation, promotion and protection of civil, political, economic, social and political rights.22. Article 1(1) assures right to...


Court: Supreme Court Of India
Date: Apr 17, 1996 Cited By: 160 Coram: 3
5

.... When the matter came up to this Court, it was held that the right to development is an inalienable human right by virtue of which every human person is entitled to participate in contribution to, and...determination is what would be the nature of the right given to the assignee Dasana Rangaiah Bin Dasaiah. Article 39(b) of the Constitution of India envisages that the State shall in particular...to enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be fully realised. All human rights derive from dignity and worth in man...


Court: Supreme Court Of India
Date: Sep 8, 1995 Cited By: 148 Coram: 2
6

...that right to clean environment is a guaranteed fundamental right. Maybe, in a different context, the right to development is also declared as a component of Article 21 in cases like....24. The right to development cannot be treated as a mere right to economic betterment or cannot be limited as a misnomer to simple construction activities. The right to development encompasses...part of the UN Declaration on the Right to Development. The right to development includes the whole spectrum of civil, cultural, economic, political and social process, for the improvement of peoples...


Court: Supreme Court Of India
Date: Sep 1, 2003 Cited By: 717 Coram: 2
7

....13. It was submitted that a citizen of India is also entitled to live with basic human dignity, and, thus, has a right to effectuate his wishes according to his own discretion by having a freedom to choose his legatee under the Will as well as the purpose of bequest.14. It was also submitted that the said provision is violative of Article 1 of the Vienna Declaration on the Right to Development adopted....30. Furthermore, India being a signatory to the Declaration on the Right to Development adopted by the World Conference on Human Rights and Article 18 of the United Nations Covenant on Civil...and Political Rights, 1966, the impugned provision may be judged on the basis thereof. Article 1 of the aforementioned Declaration reads thus:“The right to development is...


Court: Supreme Court Of India
Date: Jul 21, 2003 Cited By: 151 Coram: 3
8

...once again, recognized, but these two are reconstructed, for example, as follows:— War against hunger gets transformed in the 1998 Rome Declaration on the Right to Food into the free market-oriented State and international management of food security system;— The struggle against homelessness and for shelter, in the 1998 United Nations Social Summit at Istanbul, becomes a series of mandates for the construction industries and urban developers;— ‘Sustainable development’ becomes...also the operator of the company under certain situations.62. The right to development in the developing countries is itself a human right. The same has been made a part of...proclaimed the existence of a human right to development. This right refers not only to economic growth but also to human welfare, including health, education, employment, social security, and a wide range of...


Court: Supreme Court Of India
Date: May 9, 2003 Cited By: 396 Coram: 2
9

...the State shall direct its policies towards securing that the citizens, men and women equally, have the right to an adequate means of livelihood; clause (d) provides for equal pay for equal work for both men and women; clause (e) provides to secure the health and strength of workers. Article 41 provides that within the limits of its economic capacity and development, the...health, right to potable water, right to pollution-free environment and right to education have been held to be a part of right to life. Social justice has been held to be fundamental right in Consumer Education and Research Centre v. Union of India (1995) 3 SCC 42, (1995) 1 Scale 354 (Scale at p. 375). The Directive Principles in our Constitution are forerunners of the UNO Convention on Right to Development as...Fundamental Rights in Part III and the Preamble of the Constitution. The right to carry on trade is subject to the directives contained in the Constitution, the Universal Declaration of Human Rights, European Convention of Social, Economic and Cultural Rights and the Convention on Right to Development for...


Court: Supreme Court Of India
Date: Dec 6, 1996 Cited By: 516 Coram: 3
10

...Rights equally assures right to everyone to the enjoyment of just and favourable conditions of work which ensures not only adequate remuneration and fair wages but also decent living to the workers for themselves and their families in accordance with the provisions of the Covenant. Covenant on Right to Development enjoins...CESC Ltd. v. Subhash Chandra Bose (1992) 1 SCC 441 (SCC at p. 462 in para 30) held that the right to social justice is a fundamental right. Right to livelihood springs from the right to life guaranteed under Article 21. The health and strength of a worker is an integral facet of right to life. Right to human dignity, development of...of the workman. Right to human dignity, development of personality, social protection are fundamental rights to the workmen. Medical facilities to protect the health of the workers are fundamental...


Court: Supreme Court Of India
Date: May 10, 1995 Cited By: 871 Coram: 2
11

...Respondent 19. It is sought to be justified that M. Laxminarayana, Respondent 20, has a legal right to assign the lease in favour of Respondent 19. It is also admitted in the Government's counter-affidavit that by operation of Section 11(5) of the Mines and Minerals (Regulation and Development) Act...social equality is a facet of liberty without which meaningful life would be hollow and a mirage.Right to Development — A fundamental right73.... Declaration of “Right to Development Convention” adopted by the United Nations and ratified by India, by Article 1 “right to development” became part of an inalienable human right. By virtue thereof, every...


Court: Supreme Court Of India
Date: Jul 11, 1997 Cited By: 339 Coram: 2
12

...to education have to be determined. Right to education, understood in the context of Articles 45 and 41, means that every child/citizen of this country has a right to free education until he completes the age of fourteen years and (b) after a child/citizen completes 14 years, his right to education is circumscribed by the limits of the economic capacity of the State and its development. It...citizens thereof should be afforded an effective right of access to them. In a democratic society, a right to education is indispensable in the interpretation of right to development as a human right.... (See Leyla Sahin v. Turkey.) Thus, right to development is also considered to be a basic human right.31. It is probably with that end in view the counsel appearing for...


Court: Supreme Court Of India
Date: Dec 6, 2007 Cited By: 76 Coram: 1
13

...constitutional rights of the backward and downtrodden. All the rights of these groups are part of the right to social development which cannot render national interest and public interest subservient to right...development should be so construed so as to enable the court to give effect thereto.202. The Universal Declaration of Human Rights, 1948 provides for 27 rights. Right of...Education is also one of the human rights. Article 26 reads thus:“(1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.(2) Education shall be directed to the full development of...


Court: Supreme Court Of India
Date: Aug 14, 2003 Cited By: 1509 Coram: 5
14

...the ground of a prior order of custody of the child. Every person has a right to develop his or her potential. In fact a right to development is a basic human right. The respondent mother cannot be...natural mother is also the guardian of the son Master Shivam as per law laid down by the Supreme Court of India. It is, however, agreed that the petitioner father shall have the right of visitation only to...development of her career or to the future prospects of the child. Separating the child from his mother will be disastrous to both.19. Insofar as the father is concerned...


Court: Supreme Court Of India
Date: Mar 25, 2010 Cited By: 70 Coram: 2
15

...to the employee concerned by virtue of Standing Order, he is fully entitled to utilise the same. Right to life has been held by the Apex Court in the case of Kapila Hingorani v. State of Bihar, 2003 (98) FLR 329 (SC) : 2003 (7) AIC 16 (SC). The observations of the Apex Court are as under: “The right to development in...page 389, it is stated: “The United nations has proclaimed the existence of a human right to development. This right refers not only to economic growth but also to human welfare..., including health, education, employment social security, and a wide-range of other human needs. This human right to development is vaguely defined as a so called third generation human right that cannot be...


Court: Uttarakhand High Court
Date: May 13, 2005 Cited By: 0 Coram: 1
16

...and mirage.76. India being an active participant in the successful declaration of the Convention on right to development and a party signatory thereto, it is its duty to formulate its.... v. Nawab Khan Gulab Khan)13, J.T 1996 (10) S.C 485 : A.I.R 1996 S.C.W 4315. The tribals, therefore, have fundamental right to social and economic empowerment. As a part of right to development offered.... Right to reputation, right to privacy and right to equal opportunities of personal, social and community growth and development is a facet of the right guaranteed by Article 21 of Life and Liberty. The...


Court: Bombay High Court
Date: Dec 6, 2004 Cited By: 70 Coram: 2
17

...under:“All people, whatever their stage of development and their social and economic conditions, have the right to have access to drinking water in quantum and of a quality equal...part of the right to life and human rights as enshrined in Article 21 of the Constitution of India….”5. There is, therefore, a need to take into account the right to a healthy environment along with the right to sustainable development and...development6. There is building up, in various countries, a concept that right to healthy environment and to sustainable development are fundamental human rights implicit in the...


Court: Supreme Court Of India
Date: Dec 1, 2000 Cited By: 91 Coram: 1
18

...without which life of the coming generations will be in jeopardy.”133. Again, in the said case, stressing on the right to clean environment to be a right guaranteed under Article 21 of the Constitution and also noting that the right to development also...:“24. The right to development cannot be treated as a mere right to economic betterment or cannot be limited as a misnomer to simple construction activities. The right to development encompasses...UN Declaration on the Right to Development. The right to development includes the whole spectrum of civil, cultural, economic, political and social process, for the improvement of peoples' well-being...


Court: Supreme Court Of India
Date: Jan 11, 2024 Cited By: 48 Coram: 2
19

....” Article 22 envisages that: “Everyone, as a member of society has the right to social security and is entitle to realization through national effort……. and resources of each State…… of the economic, social and cultural rights indispensable for his dignity and the free development of...well-being of himself and of his family including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.” Similarly, are the social, civil, economic and cultural rights given in European Convention.8. The Declaration on the Right to Development to...therefrom. Article 1 assures that “The right to development is an inalienable human right by virtue of which every human person and all peoples are entitled to participate in, contribute to, and enjoy...


Court: Bombay High Court
Date: Mar 12, 2004 Cited By: 2 Coram: 1
20

...on December 4, 1986 on ‘The Development or the Right to Development’ to which India played a crusading role for its adoption and ratified the same. Its preamble cognises that all human rights and...fundamental freedoms are indivisible and interdependent. All nation States are concerned at the existence of serious obstacles to development and complete fulfilment of human beings, denial of civil, political, economic, social and cultural rights. In order to promote development, equal attention should be given to the implementation, promotion and protection of civil, political, economic, social and political rights.Article 1(1) assures right to...development, resulting from failure to observe civil and political rights as well as economic, social and economic rights. Article 8 casts duty on the State to undertake……necessary measures for the realisation of right to...


Court: Punjab & Haryana High Court
Date: Sep 15, 2003 Cited By: 6 Coram: 1

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