Bonus Points for March Information Part 2 of 8

 

The next person that we are going to look at is Mohandas Karamchand Gandhi (1869–1948) and then we are going to look at Sections 10-13 of the Bill of Rights

Mohandas Karamchand Gandhi

 

Mohandas Karamchand Gandhi (2 October 1869 – 30 January 1948) was the preeminent leader of Indian nationalism in British-ruled India. Employing nonviolent civil disobedience, Gandhi led India to independence and inspired movements for civil rights and freedom across the world. The honorific Mahatma (Sanskrit: "high-souled", "venerable")—applied to him first in 1914 in South Africa,—is now used worldwide. However, in his autobiography Gandhi notes that he never valued the title, and was often pained by it. He is also called Bapu (Gujarati: endearment for "father", "papa") in India.

Born and raised in a Hindu, merchant caste, family in coastal Gujarat, western India. In May 1833 at the age of 13 Gandhi married Kasturba aged 14 (also spelled Kasturbai) in an arranged marriage. In September 1888, at age 18, Gandhi left India, without his wife and newborn son, in order to study to become a barrister (lawyer) in London

He returned to India in 1891 and in 1893 accepted a job at an Indian law firm in Durban, South Africa. Gandhi was appalled by the treatment of Indian immigrants there, and joined the struggle to obtain basic rights for them. During his 20 years in South Africa he was sent to prison many times. Influenced primarily by Hinduism, but also by elements of Jainism and Christianity as well as writers including Tolstoy and Thoreau, Gandhi developed the satyagraha ('devotion to truth'), a new non-violent way to redress wrongs. In 1914, the South African government conceded to many of Gandhi's demands.

After his return to India in 1915, he set about organising peasants, farmers, and urban labourers to protest against excessive land-tax and discrimination. In 1919, British plans to intern people suspected of sedition - the Rowlatt Acts - prompted Gandhi to announce a new satyagraha which attracted millions of followers. A demonstration against the acts resulted in the Amritsar Massacre by British troops. By 1921, Gandhi was a dominant figure in Indian politics and assumed leadership of the Indian National Congress. Gandhi led nationwide campaigns for easing poverty, expanding women's rights, building religious and ethnic amity, ending untouchability, but above all for achieving Swaraj or self-rule.

Gandhi famously led Indians in challenging the British-imposed salt tax with the 400 km (250 mi) Dandi Salt March in 1930, and later in calling for the British to Quit India in 1942.

Gandhi's vision of a free India based on religious pluralism, however, was challenged in the early 1940s by a new Muslim nationalism which was demanding a separate Muslim homeland carved out of India. In 1945, the British government began negotiations which culminated in the Mountbatten Plan of June 1947, and the formation of the two new independent states of India and Pakistan, divided along religious lines.

As many displaced Hindus, Muslims, and Sikhs made their way to their new lands, religious violence broke out, especially in the Punjab and Bengal. Eschewing the official celebration of independence in Delhi, Gandhi visited the affected areas, attempting to provide solace

Gandhi was opposed to partition, and now fasted in an attempt to bring calm in Calcutta and Delhi. On 30 January 1948, he was assassinated in Delhi by a Hindu fanatic.

http://desathandhai.blogspot.com/2011/04/mahatma-gandhi-facts-for-kids.html

http://www.mnn.com/earth-matters/politics/stories/5-things-you-dont-know-about-gandhi

http://history1900s.about.com/od/people/a/gandhi.htm

http://en.wikipedia.org/wiki/Mahatma_Gandhi

 

Bill of Rights: Section 10-13

10. Human dignity

Everyone has inherent dignity and the right to have their dignity respected and protected.

11. Life

Everyone has the right to life.

12. Freedom and security of the person

1. Everyone has the right to freedom and security of the person, which includes the right ­
1. not to be deprived of freedom arbitrarily or without just cause;
2. not to be detained without trial;
3. to be free from all forms of violence from either public or private sources;
4. not to be tortured in any way; and
5. not to be treated or punished in a cruel, inhuman or degrading way. 
2. Everyone has the right to bodily and psychological integrity, which includes the right ­
1. to make decisions concerning reproduction;
2. to security in and control over their body; and
3. not to be subjected to medical or scientific experiments without their informed consent.

13. Slavery, servitude and forced labour

No one may be subjected to slavery, servitude or forced labour.

 

An Explanation on these Sections:

Section 10: Right to human dignity

Everyone has dignity and the right to have their dignity respected and protected.

Section 11: Right to life

Everyone has the right to life.

The Criminal Procedure Act includes the right for police (or someone legally entitled to make an arrest) to ‘shoot to kill’ in certain situations. Section 49(1) of the Act deals with the use of force to carry out an arrest. Section 49(2) says that ‘deadly force’ may be used in certain circumstances to carry out an arrest.

The Constitutional Court recently looked at the use of force to make an arrest and at how this impacted on a person’s rights. In the case of S v Walters, the Court had to look at balancing peoples’ right to life, dignity and bodily integrity and the interests of a just criminal system.

The Court found that a person making an arrest is not entitled to use a firearm in the process unless:

• the suspect is threatening to harm the person arresting him or her or someone else, or
• the suspect is suspected of having committed a serious crime involving or threatening harm to a person.

The Court said the provisions relating to the use of ‘deadly force’ for arrests were too wide and were therefore unconstitutional. For example, using ‘deadly force’ in the case of a person caught shoplifting would not be justifiable.

The death penalty

The debate about the death penalty is based on the right to life, and the right not to be treated or punished in a cruel, inhuman or degrading way (section 12). Those who are against the death penalty argue that the state cannot execute (kill) criminals even if they have taken someone else's life. Others who want to keep the death penalty say that the death penalty can be allowed because someone who has taken another human being's life has given up the right to their own life.

The Constitutional Court has said that the death penalty goes against a person's right to life. So, a court cannot pass the death sentence against anyone.

Termination of pregnancy (abortion)

The debate about abortion is based on the right to life, and the right for women to make decisions about reproduction (having children) and to have control over their own bodies (Section 12). People who argue against abortion say the unborn baby has the right to life from the moment the egg is fertilised. People who argue for abortion say that women have the right to make decisions about their own bodies, and that the decision as to when life begins (in the womb or at birth) is for each individual to make.

Parliament has passed a law called The Choice on Termination of Pregnancy Act. Up to a certain stage of pregnancy, women can now choose to end a pregnancy. Government hospitals should provide facilities to carry this out.

Section 12: Freedom and security of the person

This includes the following rights:

• not to be put in prison without good reason
• not to be detained without trial
• to be free from all kinds of violence in both public and private areas
• not to be treated or punished in a cruel, inhuman or degrading way.
  Torture is not allowed.
• to make decisions about reproduction (having children)
• to have control over our own bodies
• not to be forced to have medical or scientific experiments done on people

Violence and abuse in the home

Everyone has the right to be free from all forms of violence in the home. This right ensures that the government and the police must take measures to prevent domestic violence, for example, abuse of women and children in the home.

Corporal punishment

This means giving beatings or whippings for punishment. The Constitutional Court has decided that punishing people and children by whipping them or giving them a caning goes against this right.

The Abolition of Corporal Punishment Act (1998) says beating a child as a form of punishment is illegal because it goes against a child's right to dignity and his/her right not to be treated in a degrading way.

Section 13: Slavery, servitude and forced labour

No form of slavery or forced labour is allowed.

http://www.gov.za/documents/constitution/1996/96cons2.htm

http://www.paralegaladvice.org.za/docs/chap01/04.html