CELRAS Framework - Master Study Structure
Key
Articles & Doctrines: - Article 12: State
definition (expansive - includes all local/other authorities) - Ajay Hasia
6-fold Test: shareholding, financial control, monopoly, state control, public
importance, governmental function transfer - Article 39(b)(c): Directive
Principles (resources for common good) - Article 14: Equality, Article 16:
Equal opportunity in employment, Article 311: Civil servant protections
This one-page checklist consolidates the key themes, sections, and case laws from your notes for rapid revision before the exam.
I. CORE CONCEPTS & DEFINITIONS (The "Who")
·
Child (JJ Act 2015): Person who has not completed 18 years
of age.
·
The Big Distinction:
o CCL
(Child in Conflict with Law): Alleged to have committed an offence. Authority: Juvenile Justice Board (JJB).
o CNCP
(Child in Need of Care & Protection): Victim, abandoned, or neglected. Authority: Child Welfare Committee (CWC).
·
Offence Categories (for CCL):
o Petty: Max punishment < 3 years.
Key findings in Dr Ashwani Kumar v. Union of India (2019) can be reduced to a few clear exam‑oriented points:
The Court reaffirmed that torture in any form is inhuman, degrading, offends human dignity and constitutes an inroad into the right to life under Article 21; no law or procedure can authorise such treatment.
Custodial torture was described as a “crime against humanity” directly infringing Article 21, attracting constitutional scrutiny and remedies.
·
Adoption: Adopted by the UN General Assembly on 18 December 1979 and entered into force in 1981.
·
Status: Often described as the "International
Bill of Rights for Women," it is the principal international human
rights treaty exclusively dedicated to gender equality.
· Scope: It comprises a Preamble and 30 Articles structured into six parts, defining discrimination and setting an agenda for national action.
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