Which of the following is a violation of Fundamental Rights?

Category: Miscellaneous Indian Gk

Hint: Consider the rights protected under the Indian Constitution.

Correct Answer: A) Not paying minimum wages.

Exam Relevance: UPSC, SSC, Banking Exams, State PSC

Difficulty: Moderate

Explanations:

The Indian Constitution guarantees certain fundamental rights to its citizens, which are enshrined in Part III of the Constitution. These rights are essential for the protection of individual freedoms and the promotion of social justice. Among these rights, the right to work and to receive fair wages is a significant aspect of the Fundamental Rights framework.

The right to work and to receive fair wages is not explicitly listed as one of the six fundamental rights, but it is implied under the broader context of the right to life and personal liberty. The Indian Constitution, through various amendments and judicial interpretations, has reinforced the importance of fair wages as a fundamental right. The Minimum Wages Act, 1948, is a key piece of legislation that mandates the payment of minimum wages to workers in certain employments. This act ensures that workers are not exploited and are paid a fair wage for their labor.

Not paying minimum wages is a clear violation of this implied right. Employers who fail to pay the minimum wage as prescribed by law are not only breaching labor laws but also infringing upon the fundamental rights of their employees. This violation can lead to legal action against the employer, including fines and other penalties.

It is important to note that while the right to work and fair wages is a fundamental right, other rights such as freedom of speech and expression, and the right to life and personal liberty, also have their own nuances and exceptions. For example, the right to freedom of speech and expression is not absolute and can be restricted in certain circumstances, such as when it incites violence or is otherwise illegal. Similarly, the right to life and personal liberty can be subject to reasonable restrictions in the interest of public order and health.

In the context of the given options, not paying minimum wages is the clear violation of a fundamental right. The other options, while they may involve legal or ethical considerations, do not necessarily constitute a violation of fundamental rights in the same way that non-payment of minimum wages does.

Option Analysis:

Option A: This is the correct answer. Not paying minimum wages is a violation of the Fundamental Right to work and to receive fair wages. The Indian Constitution and the Minimum Wages Act ensure that workers are paid a minimum wage, and failure to do so is a violation of this right.
Option B: Banning a book can be a violation of the Fundamental Right to freedom of speech and expression, but it is not necessarily a violation in all cases. It depends on the context and the reasons for the ban.
Option C: Banning loudspeakers after 9 pm is a measure to maintain public order and can be justified under the Fundamental Right to life and personal liberty, which includes the right to peaceful enjoyment of one's property and the right to be free from noise pollution.
Option D: Making a speech is generally protected under the Fundamental Right to freedom of speech and expression, unless the speech incites violence or is otherwise illegal. Therefore, this is not a violation of Fundamental Rights.

Mnemonic: Remember: "W" for Wages, a violation of workers' rights.

Back to Miscellaneous Indian Gk set 8 – Practice all questions