The Common Law in India - College of Social Sciences and ...

204 The Common Law in Indiaraces and religions and speaking different languages.Many regions now forming part of the country hadnever known democratic government. A large partof the backward population of the country and someminorities required special treatment and protection.The rights and interests of the divergent populationin varying stages of development could be adequatelysafeguarded only by provisions guaranteeing theirrights. At the advent of freedom the position inIndia was in no sense comparable to that in theDominions of Canada or Australia.Further, the trend in modern Constitutions is unmistakablytowards the enactments of a Bill ofRights. This is not unnatural. A democracy meansgovernment by the majority. In such a governmentit becomes necessary to safeguard the essential freedomsof the citizen and particularly of the citizensconstituting the minorities.The Bill of Rights in the Indian Constitution is inpart indicative of peculiar Indian conditions. Whilemost of the rights embody the familiar essential freedomssome of these rights derive from the Indianeconomic and social structure. One may instance theprotection accorded to the distinct language, script,culture and education of the minorities, the protectionagainst traffic in human beings and forced labour, theban on the practice of untouchability, the prohibitionof discrimination on ground of religion, race or casteand equality of opportunity in matters of publicemployment. 4343 Indian Constitution, Arts. 29, 30, 23, 17, 15 and 16.