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FUNDAMENTAL DUTIES

OF
CITIZENS

Report o f the Committee set up by the Government o f India


to Operationalize the Suggestions to Teach Fundamental
Duties to the Citizens o f the Country

V o lu m e 2
A n n e x u re s

NIEPA DC

Government of India
Ministry of Human Resource Development
Department of Education

31 October 1999
17-1:-. Nfj ^ur*ibj.-;Go Matf,

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Published on behalf of the Ministry of Human Resource Development (Department of Education) at


the Publication Division by the Secretary, NCERT, Sri Aurobindo Marg, New Delhi 110 016,
Lasertypeset by Nath Graphics, 1/21, Sarvapriya Vihar, New Delhi 110016 aind Printed at Gopsons
Papers Ltd., A-14, Sector-60, Nolda 200 301
Committee Constituted by the Government of India to
Operationalize the Suggestions to Teach Fundamental
Duties to the Citizens of the Country

Justice J.S. Verma F.No. JSV/6-3/99


Chairman 31 October 1999

Dear Minister,

The task assigned to the Committee set up by the Government of India “to
operationalize the Suggestions to Teach Fundamental Duties to the Citizens
of the Country" under my Chairmanship has been completed. The Committee
had given its Interim Report on 30 January 1999 containing the interim
recommendations. The Final Report of the Committee is submitted herewith.
The Committee hopes that the necessary action to implement its
recommendations would be taken expeditiously to avail of the benefits of the
task performed.
It is my pleasant duty to apprise you of the commitment and devotion
with which the members of the Committee have performed this task. None
of the members accepted any consideration for the performance of this task,
which was done entirely in discharge of their duty of citizenship. This has
enabled the Committee to complete the task without incurring any expenditure
on this major item of expense. I may also mention that Dr A.K. Sharma
continued to work with equal zeal even after demitting the office of Director,
NCERT. This impels me to make specific mention of this fact. Working with
such members has been, for me a very satisfying and pleasant experience. I
am grateful to each one of them for his valuable contribution without which
this task could not be accomplished and that too, so early.

Please find, herewith, the Committee’s Final Report.

With regards,

Yours sincerely,

J.S. V erm a
J

Dr Murli Manohar Joshi


Hon’ble Minister for Human Resource Development
Government of India
Shastri Bhawan
New Delhi 110 001
PREFACE

The Government of India vide its order No. 16-23/98-Sch. 1 dated 21 July
1998 set up a Committee “to Operationalize the Suggestions to Teach
Fundamental Duties to the Citizens of the Country”. The composition of the
Committee and its Terms of Reference are given in Chapter 1.
The Committee submitted its Interim Report on 30 January 1999. The
perception which motivated the Committee to give the Interim Report was
two-fold. First, it was intended to enable the Government to initiate prompt
action on such of the recommendations as need not have waited for the
final report. Secondly, as the Interim Report was to be widely circulated, it
was felt that the response of the citizens to it would be a valuable input to
the final report.
The Report is being presented in two volumes. Volume 1 comprises an
analysis of Scope of Work and Methodology adopted in achieving the
tasks stated in the Terms of Reference. A conceptual framework of this
Report is based on the mutual complementarity of Rights and Duties.
Judicial decisions relevant to enforcement of Fundamental Duties as well
as Schemes/Programmes related to National Integration and Communal
Harmony, Culture and Values, and Environment, have been examined from
the point of view of formulating suggestions for optimizing the desired
benefits from them. Critiques on the existing status of teaching
Fundamental Duties in School Curriculum and Teacher Education
Curriculum are included and the gaps which need to be bridged for
operationalizing Fundamental Duties are identified.
The response of the University Grants Commission (UGC) to the Interim
Report on their perception of Fundamental Duties in Higher Education has
provided the needed completeness to the entire spectrum of education and
is reflected appropriately. The role of people’s representatives from
Panchayats to Parliament, public administration and civil servants,
functionaries connected with administration of justice, professionals
belonging to business and industry, and media and other professionals is
very significant in the whole gamut of operationalizing Fundamental Duties.
Contribution by each of these groups may yield the desired results when
the recommendations contained in the Report are implemented in the right
spirit.
Volume 2 of the Report contains Annexures, some contents of which
as discussed in the Committee’s deliberations have found a place in the
Report. This volume can be a useful compendium of valuable information
on different aspects related to Fundamental Duties and can be treated as a
reference material on the subject by students, teachers and general citizenry.
It is important to outline the variations this report makes from the
Interim Report. Chapter 1 has basically remained the same except for
certain changes considered relevant and appropriate to the final report.
Chapter 2, being factual in respect of methodology adopted by the
vi

Committee, has not undergone any change. Chapter 3 is the core of the
deliberations of the Committee and has provided the conceptual basis on
which the report has been developed. This chapter has been enriched in
certain sections particularly with reference to ideas related to
complimentarity of Rights and Duties and the import of ‘A Universal
Declaration of Human Responsibilities’ brought out by the Interaction
Council. Chapters 4 and 5, have remained more or less the same. Chapters
6, 7, 8, 9 and 10 are essentially rewritten to incorporate the discussions
and the new materials that became available after the Interim Report was
released. Of particular mention are the critiques on school and teacher
education curricula which are important components of the report. The
situation with regard to higher and professional education, on which the
Interim Report was silent, is now included in its present perspective, thanks
to the cooperation of the UGC. An important input into this report is the
incorporation of the role professional groups can play in operationalizing
Fundamental Duties. Since all the essential elements of the Interim Report
are incorporated in this Report, no further reference of the same would
now be necessary.
The Committee had as many as nine official meetings besides holding
several informal discussion sessions. I am grateful to the members of the
committee for their valuable contributions both in ideas and materials, but
for which the task envisaged could not have been accomplished.
It is hoped that the recommendations contained in the report will receive
due consideration and attention not only on the part of the Government
but also all other concerned institutions, and prompt steps will be initiated
for their early implementation.

J.S. Verm a

31 October 1999
Acknowledgements

The Committee places on record its appreciation of the support received


from the following:

(i) The National Council of Educational Research and Training


(NCERT), for providing secretarial assistance to the Committee.

(ii) Prof. Arjun Dev, Head, Department of Education in Social Sciences


and Humanities, NCERT, and his associates, Prof. S.H. Khan and
Prof. D. Lahiry, for preparing the documentation on Fundamental
Duties in School Curriculum.

(iii) Prof. D.S. Muley, Consultant, National Council for Teacher


Education (NCTE), for preparing a documentation on Fundamental
Duties in Teacher Education Curriculum.

(iv) Dr M. Mukhopadhyay, Senior Fellow, National Institute of


Educational Planning and Administration (NIEPA) for helping the
Committee with the Critiques on School and Teacher Education
Curricula from the standpoint of Fundamental Duties.

(v) The Ministry of Environment and Forests, Government of India,


for the compilation of Judicial decisions on Article 51A, related to
environment, and Shri A.M. Khanwilkar, Advocate, Supreme Court
of India, for updating it.

(vi) Ms Shubhra Verma Bhatnagar for generously offering her


professional input into designing the cover page of the Report.

(vii) S/Shri R.P. Rathi, K Gopalakrishnan, Tej Kishan and Hoshiar


Singh, staff of the NCERT, for handling the work assigned to them,
with interest and sincerity, throughout the tenure of the Committee.
“I learned from my illiterate but wise mother
that all rights to be deserved and preserved
come from duty well done. Thus the very right
to live accrues to us when we do the duty of
citizenship of the world. From this one
fundamental statement, perhaps it is easy
enough to define duties of man and woman
and correlate every right to some
corresponding duty to be first performed...”

— Mahatma Gandhi
THE CONSTITUTION OF INDIA

PREAMBLE

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India


into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and
to secure to all its citizens:

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity; and to promote among them all

FRATERNITY assuring the dignity of the individual and the unity and
integrity of the Nation;

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November,


1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS
CONSTITUTION.
THE CONSTITUTION OF INDIA

Chapter IVA
Fundamental Duties

ARTICLE 5 LA

Fundamental Duties - It shall be the duty of every citizen of India —

(a) to abide by the Constitution and respect its ideals and institutions,
the National Flag,and the National Anthem;

(b) to cherish and follow the noble ideals which inspired our national
struggle for freedom;

(c) to uphold and protect the sovereignty, unity and integrity of India;

(d) to defend the country and render national service when called upon
to do so;

(e) To promote harmony and the spirit of common brotherhood amongst


all the people of India transcending religious, linguistic and regional
or sectional diversities; to renounce practices derogatory to the
dignity of women;

(f) to value and preserve the rich heritage of our composite culture;

(g) to protect and improve the natural environment including forests,


lakes, rivers, wild life and to have compassion for living creatures;

(h) to develop the scientific temper, humanism and the spirit of inquiry
and reform;

(i) to safeguard public property and to abjure violence;

(j) to strive towards excellence in all spheres of individual and collective


activity so that the nation constantly rises to higher levels of
endeavour and achievement.
THE COMMITTEE

1. Justice J.S. Verma Chairman


Former Chief Justice of India

2. Dr L.M. Singhvi Member

3. Dr Karan Singh Member

4. Dr Subhash C. Kashyap Member

5. Dr J.S. Rajput Member


till 30 June 1999 and
Member-Secretary
with effect from July 1999

6. Dr A.K. Sharma Member-Secretary


till 30 June 1999 and
Member with effect
from July 1999
Contents

VOLUME 1

Letter from the Chairman forwarding the Report iii


Preface v
Acknowledgements vii
Mahatma Gandhi on ‘Duty’ viii
The Constitution of India : Preamble ix
The Constitution of India: Chapter IVA : Fundamental Duties x
The Committee xi

1. The Committee, Its Composition and Terms of Reference 1


1.1 Genesis 1
1.2 Composition 1
1.3 Terms of Reference 2

2. Scope of Work and Methodology 3


2.1 Connotation of Terms:‘Operationalize’, 3
‘Suggestions’, ‘Citizens’
2.2 Dichotomy between ‘We’ and They’ 3
2.3 We, the People of India - The Spirit of the Constitution 4
2.4 Issuing Press Release 4
2.5 Survey of Fundamental Duties in School Curriculum 4
2.6 Survey of Fundamental Duties in Non-Formal Education 4
(NFE) and Adult Education (AE) Programmes
2.7 Survey of Fundamental Duties in Teacher Education
Curriculum
2.8 Survey of Fundamental Duties in University Level Courses 4
2.9 Releasing Press Notification 4
2.10 Inviting Views and Suggestions from Professionals and 5
Persons of Eminence
2.11 Seeking Cooperation of States in Implementation 5
2.12 Widening Scope of Interaction 5
2.13 Utilizing Media, Print and Electronic 5
xiv

3. Scope of Deliberations 6
3.1 The Preamble to the Constitution 6
3.2 The Basic Constitutional Values 6
3.3 Constitutional Obligations 6
3.4 Raison d’etre for Article 51A 6
3.5 Secularism in the Indian Context 7
3.6 Article 51A: Exhortation.to Basic Human Values 7
3.7 Fundamental Duties - A Codification of Tasks 7
Integral to the Indian way of Life
3.8 Making Inner Life More Human 8
3.9 Realizing the Positive Social and Cultured Value of Diversity 8
3.10 Human Rights and Human Responsibilities 8
3.11 ‘A Universal Declaration of Human Responsibilities’ 8
Recognizes the Supremacy of the Eastern Thought
3.12 Rights and Duties - Two Sides of the Same Coin 9
3.13 Standards in Public Life 9
3.14 The Indian Way 10
3.15 Internalization of Fundamental Duties 10
3.16 Target Groups 10
3.17 Role of Media 10
3.18 Documentation of Literature on Fundamental 10
Duties and Values
3.19 Catch Them Young 10
3.20 Pivotal Role of Teacher Education Institutions 11
3.21 Educating Legislators and Grassroots Functionaries 11
3.22 Respect for Environment 11
3.23 National Policy on Education 1986/1992 11
3.24 Summing Up 11

Judicial Decisions Relevant to Enforcement of 12


Fundamental Duties
4.1 Constitutional Significance 12
4.2 Enforceability of Fundamental Duties 12
4.3 Available Legal Provisions 13
4.4 Summing Up 13

5. Schemes/Programmes Related to National Integration 14


and Communal Harmony, Culture and Values, and
Environment: Clauses (e), (f) and (g) of Article 51A
5.1 Schemes/Programmes of the Ministry of Home Affairs 14
5.2 Schemes/Programmes of the Ministry of Human Resource 14
Development
XV

5.3 Schemes/Programmes of the Ministry of Environment 15


and Forests
5.4 Inservice Training Programmes Regarding Protectionof 16
Environment and Forests Including Wild Life
5.5 Optimizing Benefits from Existing Schemes/Programmes 17

6. Analysis of School Curriculum from the 18


Standpoint of Fundamental Duties : A Critique
6.1 Educational Structure 18
6.2 The Context of Curriculum Analysis 18
6.3 Fundamental Duties in NCERT Curriculum 18
6.4 Education in Fundamental Duties at School Level : A 20
Critique
6.5 Summing Up 28

7. Analysis of Teacher Education Curriculum from the 29


Standpoint of Fundamental Duties : A Critique
7.1 Structure of Teacher Education 29
7.2 Fundamental Duties in Teacher Education 30
Programmes: A Critique
7.3 Suggestions of the Committee 33

8. Fundamental Duties in Higher and 35


Professional Education
8.1 The Higher Education Context 35
8.2 UGC Programmes Related to Fundamental 36
Duties (Article 51A)
8.3 UGC’s Recent Decisions 38

9. Fundamental Duties: The Role of Professional Groups 40


9.1 People’s Representatives from Panchayats to Parliament 41
9.2 Public Administration and Civil Servants 41
9.3 Functionaries Connected with the Administration of 42
Justice
9.4 Professionals Belonging to Business and Industry 43
9.5 Media Professionals 43
10. Salient Rec.ommendations 46
10.1 Operationalization Overview 46
10.2 Recommendations 47
11. Signatories to the Report 53

APPENDICES 55
1. Order of the Government of India 55
Constituting the Committee
xvl

2. Revised Order of the Government of India 56


Constituting the Committee
3. Text of the Press Release 57
4. Text of the Letter Sent to the Chairperson of the UGC 58
5. Text of the Press Notification 59
6. List of Newspapers Covering the Press Notification 60
7. Text of the Letter from the Chairman of the Committee to 61
Vice-Chancellors/State Education Secretaries, NGOs, etc.
8. Text of the Letter Sent to the Chief Ministers of the 62
States etc. by the Chairman of the Committee
9. Minutes of the Meetings 63
10. Interaction Council - A Universal Declaration of 91
Human Responsibilities
11. Reference Materials Provided by the UGC 99

VOLUME 2

ANNEXURES

A. Fundamental Duties and Value Orientation 101-144


in NCERT Curriculum
B. Fundamental Duties and Value Education 145-210
in NCERT Curriculum and Textbooks
C. Fundamental Duties in Teacher Education: 211-262
An Analysis of Syllabi and Textbooks
D. Fundamental Duties in Higher and 263-272
Professional Education
E. Environment Court Cases 273-340
F. Overview of the Feedback in Response to 341-346
Invitation Seeking Views and Suggestions
G. Fundamental Citizenship Duties: 347-352
Some Perceptions (Letter from Dr K.B. Lall to
Justice J.S. Verma)
H. Handbook for Operationalization of 353-425
Citizenship Values under the Constitution
Annexure A

Fundamental Duties and


Value Orientation in
NCERT Curriculum

A Status Note
Fundamental Duties and Value Orientation in NCERT Curriculum

A Status Note

I. General Framework
1.. Fundamental Duties: The Constitution of India to imbibe and may be said to be integral to the
la\ys down the basic framework of independent India’s realization of India's national goals as enshrined in
gojals and the direction of its development as an the Constitution. While in the goals of every political
independent nation. The Preamble to the Constitution qnd social order, there is an implicit concept of values
prroclaims the resolve of the people of India to and duties of citizens, the provision o f Fundamental
constitute India into a Sovereign Socialist Secular Duties in the Indian Constitution explicitly articulates
Democratic Republic and to ensure to all its citizens the value system in the form o f citizens’ duties as an
sojcial, economic and political justice, liberty of imperativefor thefurtherance and realisation o f India's
thiought, expression, belief, faith and worship, national goals.
eqjuality of status and opportunity and to promote
armong them all fraternity assuring the dignity of the 2. National Goals and Educational Objectives: The
inidividual and unity and integrity of the nation. Parts general framework of goals, policies and programmes
IIII and IV of the Constitution deal with Fundamental in the field of education are derived from the national
Riights and Directive Principles of State Policy goals and principles laid down in the Constitution.
respectively. Part IVA (Article 51A) on Fundamental All efforts at the reform and restructuring of
Diuties, which was added to the Constitution in 1976, education in India since independence have aimed
la\ys down as the duty of every citizen of India to abide at furthering national goals. The Resolution on the
bjy the Constitution and respect its ideals and National Policy on Education issued by the
imstitutions, the National Flag and the National Government of India in 1968, while expressing its
Amthem; to cherish and follow the noble ideals which resolve to promote the development of education in
inispired our national struggle for freedom; to uphold the country, laid down the following: “The educational
amd protect the sovereignty, unity and integrity of system must produce young men and women of
Inidia; to defend the country and render national character and ability committed to national service
service when called upon to do so; to promote and development. Only then will education be able
htarmony and the spirit of common brotherhood to play its vital role in promoting national progress,
armongst sill the people of India transcending religious, creating a sense of common citizenship and culture,
limguistic and regional or sectional diversities, to and strengthening national integration”.
renounce practices derogatory to the dignity of The implementation of the 1968 National Policy
women; to value and preserve the rich heritage of on Education led to the establishment of a common
oiur composite culture; to protect and improve the structure of school education throughout the country.
natural environment and to have compassion for The new structure provided for ten years of
liwing creatures; to develop scientific temper, undifferentiated general education with five years of
hiumanism and Jhe spirit of inquiry and reform; to primary, three years of upper primary and two years
safeguard public property and to abjure violence; to of secondary education. A National Curriculum
strive towards excellence in all spheres of individual Framework was also formulated in 1975 as a part of
amd collective activity so that the nation constantly the implementation of the new structure. The study
riises to higher levels of endeavour and achievement. of one to three languages at different stages, Science,
The provision of Fundamental Duties in the Mathematics and Social Studies/Social Sciences,
Constitution indicates the general framework of the besides art education, work experience and health
value system which every Indian citizen is expected and physical education were made compulsory for
104 FUNDAMENTAL DUTIES OF CITIZENMS

every student in this framework. and complexes transmitted through the soicial
The National Curriculum Framework also environment and the accident of birth”. The Pcolicy
articulated the general objectives of curriculum in also laid stress on value education ‘based on our
the following words: “The awakening of social heritage, national and universal goals ;and
consciousness, the development of democratic values perceptions’, fostering of ‘universal and eterrnal
and of a feeling for social justice and national values, oriented towards the unity and integratiam of
integration are extremely important... National our people’, and on the ‘combative role’ of educaition
integration can be achieved only through a proper in eliminating ‘obscurantism, religious fanaticiism,
understanding and appreciation of the different sub­ violence, superstition and fatalism’. In Part IV off the
cultures of India and the common bonds that hold Policy, dealing with Education for Equality, variious
them together. Discrimination of any kind based on measures for education for women’s equallity,
sex, caste, religion, language or region is to be looked education of Scheduled Castes and Scheduled Trribes
at with aversion because it is irrational, unnatural and of minorities and other sections were laid doown.
and harmful to the growth of modern India. All While referring to the educational development off the
subjects should be taught in such a manner as to minorities, the Policy also stated that “objectivity' will
foster the spirit of scientific humanism”. The courses be reflected in the preparation of textbooks ancd in
and textbooks that were designed as a follow-up. of all school activities, and all possible measures will
this Framework sought to reflect these objectives. be taken to promote an integration basedl on
appreciation of common national goals and ideeals,
3. National Policy on Education and ‘Core in conformity with the core curriculum.” Part VIIII of
Curriculum’: The adoption of the National Policy the Policy dealt with the enrichment of the curriccula
on Education by the Parliament in 1986 is a major and processes of education by ‘cultural contemt in
landmark in the history of education in independent as many manifestations as possible.’
India. It envisaged the building of a National System The formulations of the 1986 National Policjy on
of Education on the basis of a common structure, Education on ‘core curriculum’ and other aspaects
which by then had been accepted throughout the may be said to provide the basic principles for' the
country, and what it called ‘a national curricular value orientation of school curriculum. Ii majy be
framework which contains a common core along with noted that the National Policy which was adofpted
other components that are flexible’. This was the first ten years after the incorporation of Fundamental
time when the formulation of a national curriculum Duties in the Constitution reflected almost each and
framework with a common core became a part of every element mentioned in the Fundamental Dutties.
national policy. More importantly, it identified the It may also be said that the values which are rejleected
components of the ‘common core’ which provide the in the Policy’s concept o f ‘core curriculum’ are alimost
basic value framework and orientation of school entirely andfully in accordance with the Fundamental
curriculum in India. The “common core”, it stated, Duties.
iwill include the history of India’s freedom movement,
the constitutional obligations and other content 4. National Curriculum Framework : While the
essential to nurture national identity”. The Policy general framework of the value orientatiom of
further laid down the following components of the curriculum was laid down in the ‘core curricullum’
‘common core’: “These elements will cut across and related principles stated in the National Pcolicy
subject areas and will be designed to promote values on Education — which, as stated earlier, werre in
such as India’s common cultural heritage, almost complete conformity with Fundameintal
egalitarianism, democracy and secularism, equality Duties — it was further elaborated in the NatUonal
of the sexes, protection of the environment, removal Curriculumfo r Elementary and Secondary Educaition
of social barriers, observance of the small family norm — A Framework (NCF) brought out by the NCERIT in
and inculcation o f the scientific temper. All 1988 as a part of the implementation of the National
educational programmes will be carried on in strict Policy on Education.
conformity with secular values.” “To promote In its chapter on Em erging Concerns ;and
equality”, it laid down, “it will be necessary to provide Imperatives (Chapter 1), the NCF dealt with variious
for equal opportunity not only in access', but also in curricular and pedagogical issues and concerns ssuch
the conditions of success. Besides, awareness of the as Preservation of Cultural Heritage, Constitutional
Inherent equality of all will be created through the Obligations, Strengthening of National Identity and
core curriculum. The purpose is to remove prejudices Unity, Character Building and Inculcation of Valiues,
FUNDAMENTAL DUTIES AND VALUE ORIENTATION IN NCERT CURRICULUM 105

Protection of the Environment and Conservation of learning in other subject areas as well as to the
Naitural Resources, Education for All-round learner’s emotional, social and cognitive development.
development, Inculcation of Scientific Temper, etc. It has also the greatest potential as a means to develop,
The NCF, in its Chapter 2 on Organization of progressively through various stages, attitudes and
Curriculum, discussed the various ways and means values related to the Fundamental Duties enshrined
for the introduction of ‘core curriculum’ at all levels in the Constitution and the ‘core curriculum’ and other
of school education, including their integration in the value-related issues articulated in the National Policy
regular subjects included in the scheme of studies on Education. The NCF and the Guidelines and
proposed for various stages of school education. It Syllabi prepared by the NCERT discuss in detail the
provided for the general framework of objectives of language abilities and skills in the teaching-learning
courses proposed in the scheme of studies, including of language at various stages. They also stress that
indications of the place o f‘core curriculum’ in various the selection of content in language courses must be
subject areas. It also dealt with the question of conducive to inculcation of desirable attitudes,
adopting appropriate strategies for providing appreciations and values. In this context, the
learning experiences and organizing teacher-pupil importance of ‘core curriculum’ is particularly
activities which are crucial for effective use of emphasised. For each stage o f education, the
curricular content and achievement of curricular Guidelines and Syllabi recommend a variety of
Objectives. themes (as well as literary forms)'which should be
The NCF was made the basis for the orientation of used in the preparation of textbooks and other
content and process of school education which was learning materials for various stages.
initiated throughout the country. The process of
2. Curriculum in Hindi
implementation of the NCF was supported by the
Guidelines and Syllabi which the NCERT brought Primary Stage
out in 1988 in various subjects. Almost every state The NCERTs textbook series entitled Bal Bharati for
in India developed new courses of study and preparedClasses I to V progressively introduces the child to
new textbooks to give effect to the major thrusts of the
various literary form at this stage. The literary forms
National Policy on Education and the guidelines and themes are selected for each class keeping in
view the age group, the m aturation level,
provided by the NCF. The extent o f the implementation
o f the NCF, particularly o f the ‘core curriculum’ laid
comprehensibility, and interests of children. Almost
down in the National Policy and elaborated in the NCF,
every lesson included in these textbooks has a value
hoiueuer, uaries Jrom State to State. orientation. The content of lessons included in the
In the following pages, a report indicating the textbooks for Classes I and II relates to the child’s
immediate environment such as home, school, day-
reflection of these thrusts, particularly in respect of
the ‘core curriculum’, of the National Policy on to-day events in the immediate environment, birds
Education in the curricula and, where necessary, theand animals, neighbourhood, sports and games, fairs
and festivals, health and hygiene, occupations, lyrical
textbooks prepared at the national level by the NCERT
poems, etc. The lessons relate to life in both rural
is presented. The report is limited to the curriculum
up to Class X which marks the end of the stage and urban areas and the character are both boys
of undifferentiated curriculum. The subjects and girls. Care is taken to avoid gender stereotyping
dealt with in this report are Language, Social in materials for all classes.
Sciences and Science. The report on the Language In the textbooks for Classes III to V, there is a
curriculum is based on the curriculum in Hindi and greater variety in the selection of themes which are
English. not limited to the immediate experience of the child
and help widen the child’s horizons and knowledge.
II. Value Orientation in The themes included in these textbooks include life
NCERT Curriculum in rural and urban contexts, folk tales, major fairs
and festivals, national festivals, biographies of great
A. Language Curriculum persons, famous places, games and sports, major
Language education occupies a central place in the industries and occupations, progress made by the
entire educational process. Learning of language is country in various fields, stories by famous Indian
important not only for its own sake, it is basic to as well as non-Indian authors.
106 FUNDAMENTAL DUTIES OF CITIZEmS

Appendix I gives a list of the lessons in each For each of the Classes (IX and X) at this sttage,
textbook in the series along with the values that there is a book of prose and a book of poetry for eeach
they seek to promote. course. The values that the lessons in these bcooks
Upper Primary Stage seek to promote are indicated in Appendix- 111.
Some of the values that the syllabus at this stage Hindi Textbooks fo r Jawahar Nauodaya Vidycdaxyas
emphasizes are dignity of labour, truthfulness,
The NCERT has brought out a special series of Hlindi
honesty, cooperation, equality, brotherhood,
textbooks for Classes VI to VII for students of Jaweahar
sympathy, Sarvadharma Sambhav, democratic
Navodaya Vidyalayas located in non-Hindi spealking
attitude, discipline, sense o f responsibility,
States. According to the scheme under wlhich
awareness, punctuality, doing one’s duty, self
Navodaya Vidyalayas were set up (one in e;ach
sacrifice, perseverance, compassion, etc. Besides,
all the components o f ‘core curriculum ’ are District), Hindi and English were proposed tco be
used as medium languages from Class IX. The
recommended to be given necessary importance.
special series was prepared to facilitate the
The literary forms recommended to be included at switch-over to Hindi as a medium by students 'who
this stage are: short stories, essays, biographies, join the Navodaya Vidyalayas in Class VI aifter
autobiographies, one-act plays, travelogues, completing their education in schools in non-HIindi
sketches, letters, diary, etc. in prose and the themes speaking States. This series, while facilitating; the
of patriotism ‘bravery’ beauty of nature, devotion, switch-over to the use of Hindi as a medium languiage
portrayal of life, ethics, etc. in poetry. from Class IX, also seeks to promote values wlhich
For each class at this stage, there is a textbook have been referred to above. Appendix IV indicrates
which includes lessons in prose in various literary the values that each lesson in these books seekcs to
forms mentioned above and poems. Besides, two promote.
supplementary books are prescribed at this stage for
each class. These include the Ramayana for Class Hindi Textbooks fo r Arunachal Pradesh
VI and the Mahabharata for Class VII. For Class VIII, The NCERT has brought out a special seriess of
a new supplementary book — Buddhacharita — has textbooks for teaching Hindi at the primary sttage
been prepared for use from 1999. to students of Arunachal Pradesh. The vaalue
Appendix II provides Information about the orientation in these textbooks is indicated! in
values that each lesson in each of the textbooks Appendix V.
and supplementary readers seeks to promote. 2. NCERT Curriculum in Language (EnglishJ'
Secondary Stage The syllabuses in English developed by the NCIERT
At this stage, the NCERT has prepared two courses — emphasize that the teaching and learning of Engllish,
one for teaching Hindi as mother tongue (called ‘A like the teaching and learning of other subjects,
course) and another for Hindi as second language “should contribute materially towards the realizaition
(called ‘B’ course). Textbooks and other learning of the larger goals of education which are enshriined
materials based on these syllabuses have been in our Constitution i.e. the development of a plurailist,
brought out. open society and a state which is democratic, socialist
The importance of promoting values, particularly and secular in nature”. They also emphasized the
those related to the ‘core curriculum’, are emphasised objectives of promoting national identity, national
in both these courses and have been sought to be unity, the study and appreciation of the cultiural
reflected in the various lessons included in the heritage o f India, the awakening o f soicial
textbooks and other materials. Besides the ‘core consciousness the development of democratic valiues
Curriculum’, the syllabus and textbooks emphasise and concern for social ju stice and n a tio n a l
the values of self-reliance, dignity of labour, integration, scientific temper and a rational wrarld
acquisition of knowledge, character building, social view, and value education whielv should ‘liielp
awareness and patriotism. Lessons using all the eliminate obscurantism, religious fanaticism ,
major literary forms have been included in these violence, superstition and a fatalistic attitude’. The
textbooks. The anthologies of prose and poetry values that the lessons in the English languiage
include the representative stories and poems of the textbooks brought out by the NCERT seek to prormote
leading writers and poets. are indicated in Appendix VI.
FHJNDAMENTAL DUTIES AND VALUE ORIENTATION IN NCERT CURRICULUM 107

B. IWCERT Curriculum in Social Sciences and elsewhere; events and inventions of the past
The? National Curriculum Framework (NCF) stresses which had a lasting impact on the life of human
the tcritical importance of the study of social sciences beings and a few personalities, Indian and non-
as ca component of general education in facilitating Indian, who made significant contributions to the
the: learn er growth into a well-inform ed and culture and civilisation of India and the world. The
responsible citizen. It also emphasizes its importance treatment of these content areas is in the form of
as tthe most, effective tool for providing education in stories, imaginative but without any myth-making,
the context of all the core components laid down in or simple narratives. The syllabus at this stage also
the National Policy on Education (NPE). The general includes, in a very simple form, the story of India’s
fraimework outlined in the NCF provides the basis on struggle for independence.
whiich the NCERT has formulated its courses and The study of some elements of physical geography
devreloped its textbooks in social science. and of physical environment and of ways of living of
M t the primary stage, social studies is a component the people is integrated with this course. Beginning
of einvironmental studies, for the first two years as an with the study of the child’s immediate physical and
intejgral part of a Course which is primarily based on social and cultured environment, it is extended to
the i child’s immediate environment — natural physical various aspects of the physical environment and ways
andi social — and for the subsequent three years as a of living of the people in different parts of India.
sepsarate course focussing on physical and social The civics component in the course provides an
envtironment with the general objective of widening the elementary introduction to the study o f civic
chilld's mental horizon from the immediate environment institutions and government, rights and duties of
to tihe state, the country and the world. citizens, National Flag, National Anthem, National
M t the upper primary stage (Classes VI-VIII), the Emblem and National Festivals. The suggested
gtuidy of social sciences comprises the study of activities both inside and outside the classroom
Histtory, Geography and Civics. At the secondary stage involve participation in the celebration of local and
(Classes IX-X), Economics is added to the subjects national festivals, cultural programmes and singing
coimprising social sciences. The courses aim at of the National Anthem on various occasions.
developing an understanding of the interaction of One of the textbooks brought out for this stage is
huiman beings with their physical and social Our Country India for Class IV. In this textbook, the
environments, historical development of India and Unit on ‘Our Many Ways of Living’ seeks to develop
of tlhe world, civic, political and economic institutions knowledge and appreciation of the different ways of
ancd contemporary issues and problems. The various life in different regions of the country. Another unit
cormponents of these courses are expected to be introduces young pupils to the rich variety in India’s
stuidied in their inter-relationships. All the core culture - in languages, costumes, dance and music,
currricular areas have been sought to be integrated painting, architecture festivals, etc. The pupils are
appropriately in the relevant subject areas. also introduced to the various faiths that the people
of India follow as well as to the founders and saints
1. Einvironmental Studies/Social Studies of varius faiths. There are brief biographies of or
references to major personalities from different fields
The Course in Environmental Studies/Social Studies including those of social reform ers like Raja
whiich is introduced in Classes III-V of the Primary Rammohan Roy, Sir Saiyed Ahmad Khan, Ramabai
stavge draws many of its elements from history, Ranade, scientists like Aryabhata, Charaka,
geojgraphy and civics. The main purpose of the Sushruta, Jagdish Chandra Bose, C.V. Raman and
historical component of the Social Studies course is Homi Bhaba and rulers like Ashoka, Krishnadeva
to iintroduce the pupil to certain elements of the Raya and Akbar. The unit on ‘We Now Gorern
huiman past to give him/her a general ’feel’ of Ourselves’ provides an introduction to Indian
chrronology and of the vast span of time during which Constitution including rights and duties of the citizen,
huiman beings have lived and worked, and also of governm ent at the union and state level,
those aspect of recent history which have a close Independence Day, Republic Day, and National Flag,
bearing on the understanding of the present. National Anthem and National Emblem. The exercises
TThe course contains an introduction to the remains at the end of each unit seek to reinforce the
of the past in the form of monuments and other understanding and values that the various lessons
culltural objects in the child’s immediate environment aim at promoting.
108 FUNDAMENTAL DUTIES OF CITIZEmS

2. History distortion to avoid certain myths and stereotyfpes,


including those regarding Indian culture such as 1that
History is introduced as one of the subjects in social
sciences in Class VI and is continued till the end of Indian culture is monolithic, that it had any one
region of the country, as its main centre and thaat it
Class X. The History courses in these five years aim
emerged in isolation and in a fully developed forrm in
at providing a general introduction to Indian history
from prehistoric times to the emergence of India as any particular period of history. Care is also taiken
not to neglect regional trends and avoid any narrrow
an independent nation, and a general introduction
to the history of human civilization from prehistoric and chauvinistic presentation of Indian culture..
times to the recent times. Two broadly systematic The following specific objectives have been laid ddown
courses have been developed to provide a general for this course.
introduction to Indian history and history of human 1. To develop an understanding and appreciaition
civilization. This has been done with a view to
of the dynamics of the ethnic diversity of Imdia;
providing a broad but systematic understanding of
the main components, viz. history of India and history 2. To promote an understanding of the maajor
of the world, and to avoid any unnecessary stages in the evolution of Indian society throough
repetitions. Considering the fact that for many pupils, the ages;
the upper primary stage is the terminal stage of their 3. To develop an appreciation of the growtlh of
formal education, the course in Indian history is various components of Indian culture in dif­
introduced first, that is, at the upper primary stage ferent parts of the country in different pericods;
and the course in the history of human civilisation, 4. To develop a critical appreciation of the passt so
later, at the secondary stage. that the pupilis personality is free from irraticonal
History Syllabus and Textbooks at the Upper prejudices and bigotry parochialism ;and
Primary Stage communalism, and is imbued with a scienitific
and forward-looking outlook;
The class-wise organisation of the course is as follows:
History of ancient India in Class VI, History of 5. To develop an appreciation of India’s cultiural
medieval India in Class VII and History of modern heritage and its composite nature, of its richmess
India in Class VIII. and variety, and of the processes through wfhich
it has developed;
The emphasis in this course is mainly on social
and economic conditions and various aspects of 6. To develop the ability to study contemporary
culture, including science and technology, in different problems of Indian society in their historrical
parts of the country and in different periods of history, perspective;
besides giving a broad idea of political development 7. To develop an understanding of the processses
of all parts of the country. While a continuous of change so that an appreciation of the
Chronological account of every development in every aspiration for change to establish a just soocial
part of the country is neither possible nor appropriate, order is inculcated;
at this stage, the main focus is on providing a broad 8. To promote the study o f the h is to ric a l
all-India view, including the main regional trends. It development of India in relation to and in t the
was considered important to deal with major political perspective of the history of mankind is a whiole;
developments in the country which provide a broad 9. To deepen knowledge about and understancding
framework of chronology, but there is little • of Indiais freedom struggle and of the valiues
importance given to dynamic history and the main and ideals that it represented; and
emphasis is on the study of social and cultural
(development. In fact, the main objective o f teaching 10. To develop an awareness of the, necessity of :’ and
and studying history at this stage is promotion o f participation in the work of preservatiorn of
knowledge and understanding o f India's cultural historical remains.
heritage. The emphasis in dealing with this area is Adequate attention is paid to the aspects of chaange
mainly on the study of the growth of various and development. It is also emphasised that the
components of culture in different 'parts of the teaching of history should be free from commuinal,
country and in different periods of history along with parochial and other types of prejudices and
their mutual interactions. In designing the history should aim at the cultivation of a broad humanlistic
syllabus, care has been taken to avoid common outlook.
FUNDAM ENTAL DUTIES AND VALUE ORIENTATION IN NCERT CURRICULUM 109

TThe major component of the syllabus of Class VIII The processes of interaction with other cultures are
cormprises the study of the of the struggle for freedom. emphasised and the values of tolerance and unity
Jt foDcuses on the secular character of the struggle, are sought to be promoted. Referring to Ashoka’s
partticipation by the people from all communities and dhamma, for example, it says, “He wanted, above
all ] parts of the country, and different facets and all, that people should live in peace, and not fight
phaises of the struggle. The main aim of the study of over land and religion. The important thing was not
the freedom movement is to provide the historical the differences but the unity within the empire”.
perspective for the understanding of contemporary The textbook on Medieval India, similarly covers
Indiia and of the basic framework of the goals and
developments and various aspects of culture in all
poliicies of independent India’s national development. regions of the country with emphasis on processes
TThere are three textbooks for this stage, one each of interaction and unity and on the emergence of new
deailing with the history of ancient, medieval and forms. The book is com pletely free from the
mocdern India, that is one for each class. These books communal notion which views the history of medieval
prowide an authentic introduction to Indian history India as basically one of conflict between Hindus and
and! have been generally viewed as model textbooks. Muslims. It emphasises the developments in various
TThe purpose of studying history and how it is aspects of culture and the trends of unity represented
stucdied and the changes that have taken place in by the Sufi and Bhakti movements. The aspect of
the study of history are explained in the textbook religious intolerance is dealt with sensitivity and to
entiitled Ancient India for Class VI. It says, “History promote the value of tolerance. On Aurangzeb, for
is mo longer treated as merely a study of dates and example, it says, “In the latter part of Aurangzeb’s
eveints, and that too largely only political events. Its reign, the Mughal empire was no longer as strong as
scojpe has been widened to include many aspects of it had once been under Akbar. In fact, the empire
life.. These include the study of patterns of life, which was begging to break up. But Aurnagzeb was not
we (call culture.... Therefore the emphasis of history really aware of what was happening. To make matters
has; shifted from the study of only the upper groups worse he was influenced by an orthodox Muslim
of society to all levels of society. It now covers group and he decided that he would rule in
information on kings and statesmen as well as on accordance with the laws of Islam. This was a policy
ordlinary people who made history. It includes the different from that of his ancestors who were tolerant
stutdy of art and architecture, of the evolution of and liberal rulers. Besides it was quite the wrong
languages in India, literature and religion. Now we policy for a country such as India which has always
do not look only at what was happening at the had a mixture of all kinds of people and religions
aristocratic level of society. We also try to reconstruct and where no type of orthodoxy could have worked”.
the interests and concerns of people at lower levels. After referring to religion at Mughal court and the
Thi:s makes history more interesting and helps us liberal ideas of Dara Shukok it further says,
understand our society better”. It refers to the factors “...Aurangzeb was sincere in his religious beliefs. He
thait led to the great variety in Indian culture. It says was upset by the luxury at the court and he wanted
“Omr society, therefore, has a rich heritage of different to lead a simple life devoted to religion. He became
kimds of people. Because of this large variety of people, unpopular when he reintroducedjaziya (the poll-tax
theire has been an equally large variety of religions, on non-Muslims) and when he destroyed temples.
languages, and customs in our country”. The book What he did not realize is that the job of a king is
alsto lays emphasis on the importance of the, proper to rule and to rule efficiently and that religion
stuidy of the past. It says, “We seek to justify many of should not be allowed to interfere with the
the; ideas which we have about the present by saying government
thait they came from our past. This is not always the The textbook on the history of Modern India,
case. So we have to be careful to know and besides providing an understanding of the process
understand our history properly so that it is not of British conquest and the system of exploitation
misused. The understanding of the past is very established by foreign rule deals with the social and
important for the understanding of the present. religious reform movements in all parts of the country
The book covers various aspects of culture and and in all communities, the cultural awakening
developments in all regions of the country. The reflected in rediscovery of India’s past and
riel:igions and changes in religious beliefs and developments in literature, art, growth of press and
practices are dealt with in their historical context. science. It also gives a detailed account of, as stated
110 FUNDAMENTAL DUTIES OF CITIZEMS

before, the different phases, aspects and dimensions periods is on the successive stages of distinctive social
of the struggle for freedom with emphasis on its formations on a world scale, on the study of soocial
secular character and on the vision of building a new system s in their rise and growth and thielr
India that it evolved. replacement by new ones. The historical developmient
of all the major areas of the world has been souight
History Syllabus and Textbooks at the Secondary
to be covered including that of pre-colonial Affrica
Stage
and the Americas which have been generally ignorred.
The History course at the secondary stage mainly This is also necessary to remove certain ‘popuilar’
comprises a general introduction to the history of notions, many of which are a part of the legacjy of
civilisation from prehistoric times to the present day. colonial domination, about the historical developrment
The knowledge and understanding of the main trends of large parts of the world. Traditionally, world histtory
in the history of India gained at the Upper Primary courses have been Europe-centred, with bitss of
Stage are expected to facilitate the comprehension information about other regions thrown in. This lhas
and appreciation of the broad developments in the been successfully avoided. The major purpose of the
history of the world by the pupil at this stage. A broad syllabus is to develop an understanding of the miain
world historical perspective is considered crucial to trends in the history of the world as a whole (and.not
an understanding of the world in which we live as to give unconnected information on the historiess of
well as to an understanding of our own country. The a few selected countries).
focus of the course is on the main stages in the growth
The histories of specific countries have bfeen
of civilisation on its social, economic and political
selected as examples of these trends as well as; for
aspects, and on cultural and scientific developments.
their bearing on the development of the world aas a
Another focus is on providing a historical perspective
whole or as examples of diversities in historiical
to understanding contemporary world developments
development. In many case, it not been limited! to
and certain aspects of contemporary India. The main
any particular region or regions. In this approaich,
objectives of this course are:
even when specific countries are selected as
1. to promote an understanding of the processes of examples, the connection between one period aand
change and development through which human another is not lost sight of and world historiical
societies have evolved; perspective is expected to be developed. Generality,
2. to promote an understanding of the, foundations the school syllabi in world history tend to be
of hurhan civilisation and appreciation of the collections of topics relating to certain developments
basic unity of mankind; and events which are unconnected with amd isolaited
3. to develop an appreciation of the contributions from one another. They fail to provide an over -all
made by various cultures to the total heritage of connected view of world historical development.
mankind; An important objective of teaching history at tthis
4. to foster the understanding that the mutual stage is to develop an understanding o f Ithe
interaction of various cultures has been a major contemporary world and contemporary India. Speecial
factor in human progress; emphasis has to been given to events, forces aand
movements that have a close bearing on
5. to develop a world historical perspective necessary
understanding the present day world War. TThis
for the understanding of the contemporary world;
requires some emphasis on main trends aind
6. to enrich the understanding of those aspects of developments in world history in the 20th centuiry,
Indian historical development which are crucial including those in the period after the Second Wcorld
to an understanding of contemporary India; and War. While developments in India have been inclutded
7. to facilitate the study of the history, of specific as components o f world developments in differrent
countries and regions in the general perspective periods, three separate units on India have bteen
of world history at later stage. included to enhance the pupil’s knowledge cand
The history of civilisation as visualised in this course understanding o f contemporary India. These uinits
is not a collection of the histories of specific countries relate to core curricular areas such as India’s cultiural
but as an integrated homogeneity. The course has heritage, religious and social reform movements (and
been organised on the basis of historical periods that India's struggle for freedom
have a certain distinctness and unity along with many The details of dynastic history and too many dates
diversities. The main basis of the selection of these requiring memorisation have been avoided. Wlhile
FFUNDAMENTAL DUTIES AND VALUE ORIENTATION IN NCERT CURRICULUM 111

eimphasising the basic unity of mankind, conflicts phases, features and dimensions of the freedom
witthin and between societies have not been ignored. struggle. The exercises in all these chapters seek to
Thte causes of such conflicts particularly in relation reinforce the understanding and knowledge that the
to i the dynamics of social development have been text provides by suggesting a variety of activities,
giveen some importance, and the main emphasis is projects involving further study and discussions on
on why and how societies change. selected issues.
TThe syllabus, thus covers a very vast period of time
3. Geography
ancd almost all the major areas of the world. However,
it iis expected that the details in which it is to be The study of Geography as a subject, as one of the
tauight must be seen in the light of the objectives components of the courses in social sciences, is.
outtlined above and as a part of a course in general introduced at the upper primary stage and is
eduication which does not envisage a specialised study continued till the end of the secondary stage.
of tthe entire history of the world, much less of the The overall objective of teaching geography as part
hisstories of a large number of countries and regions. of social sciences at the upper primary and secondary
It aaims at developing a broad understanding of the stages is to develop geographical literacy enabling
dewelopment of htiman civilisation over a long period the child to know the world in which he/she lives.
of Itime, covering various aspects of man's life in This is done in a spiral manner. At the upper primary
society. stage, segments/regions of the world are introduced.
TThe course has been covered in a two-volume Later at the secondary stage the world is taken as a
texttbook entitled The Story o f Civilisation, one volume whole to show different patterns to facilitate the
for each class. The textbook has numerous maps development of holistic view of the world.
ancd illustrations. For developing a global perspective, it is important
/As an authentic presentation of an introductory that theconcepts relating to space and territory are
couirse in world history appropriate for the secondary made clear to the child. This is done systematically
stajige, this textbook has been highly appreciated. It by introducing the elementary knowledge of the
wass revised recently to make it up-to-date and to elements of physical environment and giving
refUect in it the perspective of a post-Cold War world. examples of man-environment inter-relationships in
different parts of the world through a systematic
/As mentioned earlier, the developments in India
study of continents (physical reality) and case studies
hawe been included as components of world
of a few selected countries (political units and hence
dewelopments in different periods, besides three
man-made realities) from each continent. Protection
sepjarate units on The Heritage of India’. ‘Indian
o f the environment is among the major concerns
Awrakening’ and ‘India’s Struggle for Independence’
reflected in Geography courses.
witih which the history course at this stage concludes.
All these components are specifically related to fire Geography Syllabus and Textbooks at the Upper
■corre curriculum’. The chapter on ancient India in the Primary Stage
section dealing with ancient civilisations seeks to
briing out the main features of ancient Indian culture The Geography course at this stage aims at realizing
ancd civilisation. In the same section, a chapter on the following objectives:
inajjor religions of the world is also included. Cultural 1. to promote an understanding of the different
dev/elopments and religious movements, including elements of the physical environment which
Sifchism and Islam (in the context of Arab civilisation) affect man’s ways of living;
in imedieval period of Indian history are described in 2. to help the student realize that human beings
the; section on Medieval World. The chapter on The everywhere try to make the best possible use of
Herritage of India’ deals with the main features of their environment, including gifts provided by
Indiian culture, its development in various aspects in nature to satisfy their needs;
diffferent periods of Indian history and the factors
thait have gone into its making. The chapter on ’Indian 3. to help the student appreciate the role of man,
Awrakening’ focuses on major religious and social armed with science and technology, in
tefcorms movements which arose in the nineteenth developing the natural resources for raising the
cemtury and their impact, Eind on other aspects of standard of living of the people;
Indiian awakening. The chapter on ‘India’s Struggle 4. to help the student realize that man’s interaction
for Independence’ presents an overview of the main with the environment, has resulted in
112 FUNDAMENTAL DUTIES OF CITIZENNS

environmental degradation, e.g. depletion of There are three textbooks, one for each class, baased
resources and pollution of the environment, on this course. The major environmental issues hhave
threatening the very survival of mankind. Hence, been given particular attention in these books.
there is an urgent need to use the resources of The textbook for Class VIII entitled Lands <and
the environment wisely; Peoples, Part III of which the geography of India foDrms
5. to help the student understand the variety of the major part is particulary relevant in this contitext.
ways of living in different parts of the world and It discusses envornmental issues relating to foreests,
interdependence of regions/countries, leading soil erosion, wild life, mineral resources and quaality
utlimately to the promotion of international of life.
understanding;
Geography Syllabus and Textbooks
6. to develop and appreciation of the value of
at the Secondary Stage
cooperative effort at the local, national and world
levels for developmental activities; The general objectives of teaching geography at t this
stage have been stated as follows;
7. to help the pupil learn from the experiences of
other peoples/nations and understand their 1. to develop an understanding o f man ; and
relevance to India in developing its own environment inter-relationship at the global ldevel;
resources. 2. to develop an appreciation o f the inftter-
8. to acquaint the student with the political map dependence of nations and regions of the wc/orld;
of the world, location of different countries, 3. to develop and understanding and concern ahbout
distribution of major resources and major the growing world population and its impacct on
economic products entering into international environment;
trade; 4. to develop an understanding of the need forr the
9. to develop an ability to use the tools of geography protection o f the environm ent and the
such as maps, globes, charts and photographs; conservation of nature and natural resourcees;
and 5. to develop an understanding that the econaomic
10. to acquaint the student with elementary development of a region depends on several f facts
methods of study used by goegraphers such as such as resources, level of scientific and
field study/project work. technological of the people;
The course at the upper primary stage includes 6. to acquaint the students with the problems ffaced
elements of physical environment such as land, wa­ by our country in the process of acceleratingg the
ter and air as well as the study of selected countries pace of development of its national economy/ and
from each continent in a graded manner. The basic the social transformation of its traditional soociety
purpose of the latter is to provide a general intro­ into a modern one;
duction of the continents and a few countries as rep­ 7. to develp skills and abilities to read, undersstand
resenting some typical examples of natural regions and analyze geographical information and t data
and economic development patterns. The continents presented in various forms such as photograaphs,
of Africa, Australia, South America and Antarctica maps, graphs, diagrams and charts; and
have been taken in Class VI, following by the conti­
8. to equip the students with needed abilities s and
nents of Europe and North America in Class VII and
attitudes to study and analyze problemns of
Asia in Class VIII. The study of four continents has
development having geographical dimensioDns in
been taken up first because they represent a com­
a scientific manner.
paratively less complex nature of man-environment
inter-relationships. The continents selected for study Based on the general foundations laid at thee up­
in Class VII represent a comparatively more complex per primary stage, the syllabus at this stage ainms at
inter-relationship. The study of Asia is taken at the providing a sound base for promoting and funrther
terminal year of the upper primary stage because of enriching the understanding of man-environnment
its complex physical divisions and wide varieties in relationship and certain aspects of India’s econaomic
economic development and other human responses. geography. In terms of classwise organization!, the
The geography of India is given special emphasis at course in Class IX attempts to represent a vworld
this stage. pattern of the physical environment and huuman
I FUNDAMENTAL DUTIES AND VALUE ORIENTATION IN NCERT CURRICULUM 113

ressponses. Selected topics from physical, human, level which is expected to be comprehensible to
ecconomic and practical geography constitute the students of the age-group for whom this textbook
maain content of this course. These broad content has been brought out. Though the framework in
areeas including Environment, Atmosphere, Lithos- which various aspects are dealt with is not related to
phtere, Resources (their classification, conservation), any particular region or country, every issue is related
huiman interaction with the environment (Man and to the Indian context through suggested exercises,
Foood Supply, Human Occupations), Natural Regions, activities and projects. These include projects on
etc;. studying environment in the area in which the
"The Class IX textbook entitled Understanding En­ student lives and changes observable in various
vironment, as the title itself indicates, has the study elements of the environment, studying pollution of
of {environment and major issues and problems con­ the environment in one’s area, examining sources of
nected with it as its focus. The approach followed in pollution Eind indicating measures that may be taken
deaaling with various components of the environment to reduce it. This book has been considered very
willl be clear from the concluding partof the first chap­ useful for promoting understanding o f and sensitivity
ter* of the book. It reads, “Man is a part of the bio- towards environmental issues and problems and an
splhere. In the early periods of human history, hu- active interest in ways o f dealing various levels.
maan beings were just like any other animal being The global framework adopted for Class IX is
enttirely dependent on the environment. Food gath- followed by the study of India’s economic geography
eriing, hunting and fishing could not sustain a large which forms the course in Class X. The Class IX
pojpulation. With the development of agriculturee, course is expected to facilitate a better understanding
fooad was available in abundance and permanent of developmental issues and problems in the Indian
settlements came into existence. Mining of coal, iron context on which the Class X course focuses. The
anid other minerals heralded the Industrial Revolu­ main content areas included are Relief and major
tion. These led to the increased production from fields physical divisions of India, Climatic diversity and
amd factories, and the colonization of new landmassed Monsoonal unity of India, Land use, Water Resources,
likce the Americas and Australia. With the tools at his Mineral Resources, Manufacturing Industries,
command, man became a master of environment. Transport and Communications, International Trade,
Main’s activities were aimed at satisfying his increas­ Human Resources, etc. Environm ental and
in g needs from the environment. With rapid increase population-related issues have been given particular
in 1human population during the last 100 years, his focus in this course which is covered in the textbook
neteds have increased enormously leading to an ad- entitled India — Economic Geography.
verrse impact on the physical and biological environ­
ment. Environmental pollution has taken place on a 4. Civics
larfge scale in industrial and urban areas. These envi- Civics is introduced as one of the subjects of sociEil
rommental changes pose a threat to survival of man sciences at the upper primary stage and is continued
on i the earth. upto the end of the secondary stage. The courses in
“There is an urgent need for protecting the envi- Civics which have been formulated for these two
romment from which man derives his food and other stages have as their focus the promotion among the
resources. An understanding of the processes which pupils knowledge and understanding of civic Eind
takte place in the environment is necessary so that politiccd institutions and of contemporary problems
m an’s activities are reorganized in such a manner so and challenges essential for well-informed and
as not to interfere with the environment. Man has to responsible citizenship. Most o f the core curricular
leairn to live in perfect harmony with the physical areas are central to the objective o f any education in
amd biological environment so that the earth contin- citizenship and have been sought to be reflected in
uess to be habitable for future generations as well”. these courses. Besides, the courses specifically include
the Constitutional provision on Fundamental Duties.
;A11 major environmental issues and problems are
discussed in this book with reference to land, water, Civics Syllabus and Textbooks at the
air;, biosphere, renewal and non-renewable resources Upper Primary Stage
briinging into sharp focus problems of depletion and
The general objectives of the Civics course have been
degradation and pollution. There is a comprehensive
stated as follows:
chiapter on ‘Human Impact on Environment’ and a
nuimber of contemporary issues are discussed at a 1. to provide the student w ith in telligen t
114________ FUNDAMENTAL DUTIES OF CITIZENNS

understanding o f the various social context of Fundamental Duties, a section brtiefly


responsibilities and civic processes; explains the evolution of the National Flag. The
2. to help the student understand our Constitution meaning and significance of National symbols — FFlag,
and the values enshrined in it; Anthem and Emblem — are explained and practtical
activities are suggested with a view to reinforcingg the
3. to acquaint the student with the machinery of
text.
the government at different levels;
The textbook for Class VIII entitled Our Coumtry
4. to make the student conscious of the
Today— Problems and Challenges deals with variious
contemporary social and economic problems and
issues that have a close bearing on Fundamesntal
issues, in stillin g in him/her a sense of
Duties. The problems discussed in the texttoook
responsibility to face them effectively;
include challenges to democracy, seculariism,
5. to promote a feeling of Indianness among equality, national integration, social problems ssuch
students; as caste system, untouchability, illiteracy, posiition
6. to promote among students the feeling of oneness of women, dowry, problems of children, begggary,
with the people and their institutions; drinking and drug addiction, communcal riots,, the
7. to inculcate in the students the values of problems of Scheduled Castes and Schedule Triibes,
egalitarianism, democracy, secularism and problems of economic development, povesrty,
national integration; and unemployment, price-rise, population grovwth,
specific issues relating to national integrattion,
8. to develop in the student an understanding that
problems of defence of the country, role of the arrmed
there is a need for internationl peace and
forces and responsibilities of citizens, India’s relattions
cooperation.
with neighbours, and major world problems incluading
The study o f Civics is expected to play a crucial problems of environmental pollution. In each aarea,
role in the development o f civic values and, therefore, activities and project are suggested with a vietw to
it is essential that the teaching learning o f this subject relating problems with the pupils’ environment: and
is not confined to a mere theoretical exercise in the experience and instil in them a sense of responsibility.
classroom For this purpose, a number o f co-curricular
activities and projects appropriatefor the pupils of this Civics Syllabus and Textbook fo r Secondary Stcuge
age group have been suggested in the syllabus and The course at this stage aims mainly at prepaaring
the texbooks. Several in-text questions have been students for their social and political role iin a
incorporated in the text with a view to facilitating democracy. The broad objectives which it speccifies
comprehension by providing linkages with the pupils’ are as follows:
real life experiences.
1. to foster an urge among students for effecctive
The textbook entitled Our Civil Life (for Class VI) participation in community affairs;
deals with the civic life in the community, civic
2. to develop an intelligent understanding off the
institutions at the local level and citizens’ role, public
structure and working of the civic aind poliitical
property, its various types, and the need for its
institutions;
protection, use of violence during agitations, peaceful
methods and voicing demands, cooperation, citizens’ 3. to develop an awareness and crittical
duties and responsibilities with regard to the understanding of the various social, econiomic
intelligent use of the franchise, obeying laws, following and political challenges facing the country;
tules and principles, payment of taxes, maintaining 4. to develop an understanding of and respect for
discipline, etc. The practical activities relating to the different ways of life followed by people in vairious
environment and capacity of pupils at this stage are parts of the country aind to inculcate in ycoung
recommended, such as projects for taking care of students a sense of nationail unity; aind
ihe school property. 5. to help the students appreciate the role: and
The Class VII textbook entitled How We Govern contribution of India and the United Natioins in
Ourselves seeks to promote knowledge, the promotion of intemation peace.
understanding and respect for the Constitutions and The broad areas covered in this course include: Man
various institutions set up under the Constitution, as a Social Being, Mam as a Citizen, Government at
ft explains Fundamental Duties at a level suitable the Locad Level, Indian Constituion and its Saalient
for comprehension by Class VII students. In the Features, Fundamental Rights, Directive Principles
FUJNDAMENTAL DUTIES AND VALUE ORIENTATION IN NCERT CURRICULUM 115

and Fundamental Duties, Government at the State 8. to familiarize students with the basic terminology
and National Levels, Our Courts, Democracy, and elementary ideas of economics; and
Electtions, Political Parties, Our Nation and Society, 9. to help students acquire skills in interpreting
Challlenges before Indian Democracy, Indian Foreign simple statistical data.
fc'oliccy and the United Nations, World Problems. Some
The course provides a broad introduction to Indian
of thie features of the course for the upper primary
economy. The main themes covered in the course
stag^e such as the emphasis on co-curricular activities
are: Understanding an Economy, An Overview of the
and j projects have also been given an important place
Indian Economy (institutional set-up, main sectors,
in thiis course. The entire courses at this stagefocuses
population situation, contemporary economic
on isssues which are closeley related to core curriculum
problems, consumer protection, etc.), Infrastructure
andFundamental Duties.
of the Indian Economy, Tow ards Economic
THiere is only one textbook, India-Constitution and Development, and State as an Agency for Economic
Goveernment based on this course. Like the other Development. The course also recommends project
texthbooks in Civics, this book also has in-text work which maybe undertaken by pupils as a part of
quesstion and glossary for better comprehension and their study of this subject. The course, as mentioned
relatting theoretical study with real life situations. earlier, is an introductory one and does not require a
5. EEconomics high degree of concentualization.
Certiain aspects of economic problems and economic The NCERT has brought out one textbook based
development are included in the course in Civics at on this course. It has been appreciated for its
the i upper primaiy stage. At the secondary stage, approach in dealing with the subject and its broad
howeever, economics is introduced as one of the coverage.
^ubjjects in social sciences. The importance of
C. Curriculum in Science
fecomomic literacy in developing well-informed and
Responsible citizenship cannot be exaggerated and it The National Policy on Education had emphasized
is wiith a view to providing basic economic literacy the strengthening of science education ‘so as to
thatc the course in Economics has been visualized, develop in the child well-defined abilities and values
t'he j general objectives of this course have been stated such as the spirit of inquiry, creativity, objectivity,
as foollows: the courage to question, and an aesthetic sensibility’.
The NCF which provided the general framework of
1. tto acquaint students with the contemporary
objectives and content of science education upto the
eeconomic problems and to help them appreciate
secondary stage emphasized its importance ‘in
tthe efforts being made to solve these problems at
developing these abilities in cognitive, affective and
llocal and national levels;
psycho-motor domains’. It also emphasized three
2. tto foster an urge among students for effective aspects o f the study o f physical and natural
iparticipation in the tasks of national environment under science education, viz. learning
rreconstruction; about the environment, learning through the
3. tto prepare students to cope with the stress and environment and learningfo r the environment and that
fstrain that occurs in the process of economic ‘it should be aimed at the development o f a genuine
ireconstruction; concern, sensitivity and ability necessary fo r the
4. tto develop an understanding of the nation’s preservation and protection o f physical and natural
iphysical and human resources and their resources’.
{potentialities for a better tomorrow; The science syllabus for various stages of school
education has been developed keeping in view the
5. tto develop among students a favourable attitude
broad framework laid down in the NCF. Science, being
ttowards conservation and wise use of our natural
a component of an undifferentiated curriculum, up
iresources, avoiding their misuse and wastage;
to the secondary stage, has been visualized as an
6. tto help students understand that various sectors undiversified subject and not discipline-based. In
cof the Indian economy are interlinked and that preparing the syllabus and textbooks, an attempt has
;all the sectors must develop simultaneously, been made to relate the ideas and concepts with the
1through planned and well coordinated efforts; immediate environment of the learners. This
7. Ito develop among students a passion for social approach facilitates the promotion of awareness,
jjustice and an urge to resist exploitation in any knowledge and understanding of various issues and
iform by men or by the state; problems concerning the environment, the rights and
116 FUNDAMENTAL DUTIES OF CITIZENSS

duties of the individual in society, the need for Science have sought to integrate and reflect all 1the
conserving natural resources and the value of dignity major components of the'core curriculum’ — in 1the
of labour. The inculcuation of a rational outlook and case o f Civics by specific references also> to
scientific tem per is em phasized to combat Fundamental Duties. The entire issue has beeen
‘obscurantism and prejudices based on narrow presented as one of value'orientation that tthe
considerations of caste, sex or religion’. The courses curriculum provides. While the value orientatiom in
also deal with the biological unity of the human language curriculum may be said to be direct, in otlher
species and the reasons behind apparent differences subjects it may be more in terms of promotting
between people belonging to various ethnic and knowledge as well as a critical understanding aand
‘racial’ groups. appreciation of the concerned issues and problesms
The NCERT’s report on ‘Environmental Education — the two may be said to be mutually complimentaary.
in the School Curriculum developed by the NCERT It may be necessary to note that what has beeen
provides detailed information in this regard. stated in the foregoing pages refers to the ‘forimal’
curriculum. Any curriculum, however well formulaited
it may be, by itself does not ensure its effectiveneess;
III. The Question of Effectiveness
it only provides the basic framework and the essenitial
It has been stated in Part I of this note that the pre-requisite for it. The effective implementation! of
Fundamental Duties enshrined in the Constitution curriculum, particularly in terms of realization! of
are almost in their entirety reflected in the concept objectives for which it has been framed, depends? on
of ‘core curriculum’ which was articulated in the various factors such as the teacher transacting it,
National Policy on Education adopted by Parliament the teaching-learning situation in the school, the
in 1986 and further elaborated in the National general ambience of the school as well as Ithe
Curriculum Framework formulated by the NCERT infrastructure that it is provided with, the evaluattion
in 1988. In Part II of the note, an attempt has been and examination system and many others. TThe
made to show how the syllabuses and, where inculcation of values through curriculum and tlheir
necessary, textbooks developed by the NCERT in translation in attitude and actual behaviourr is
Language (Hindi and English), Social Sciences particularly complicated as it involves many miore
(History, Geography, Civics and Economics) and factors which operate from outside the school.
A ppe n d ix I

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118 FUNDAMENTAL DUTIES OF CITIZENS

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FUNDAMENTAL DUTIES AND VALUE ORIENTATION IN NCERT CURRICULUM 119

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Appendix VI

138
Let’s Learn English Book n for Class n

S. Title of Lesson ThemeValueSoughttobe promoted


No.

1. Kutchu and His Family A united happy family Sharing household chores,
personal hygiene, taking care of the aged

2. The Hen and Her Chickens Self-help is the best help Self-reliance

3. Ravi goes Shopping Helping Mother with the Sharing household chores
shopping

4. The Hare and the Slow and steady wins the Determination, perseverence,
Tortoise race sincerity

5. Peas become Horse Gram Barbers become greedy Not being greedy
and are also foolish.
They lose everything

6. Poem 6. Two little Keys One can make friends by Courtesy, politencess
being polite

7. Poem 9. the School Clock Lessons we can learn from the clock Punctuality, doing one’s duty

Let’s Learn English Book HI for Class m

8. Birbal finds the Thief Two aerchants sell ghee. Truthfulness, honesty
One is dishonest and is
found out and punished

FUNDAMENTAL DUTIES OF Cm ZEN SS


9. Princess Laban Prince is kind to all kindness
those he meets on his
way and wins the
princess' hand in marriage

10. Stay Together Father shows sons the Unity


value of unity

11. A Wise King i) Each of two sisters Justice, truthfulness,


Claims baby as her forgiveness
own. King finds out
real mother and hands
over baby to her.

ii) King sets a trap Honesty, truthfulness


for thief
s. Title o f Lesson Theme Value Sought to be promoted

FUNDAMENTAL
No.

12. W.H.O. Nature and functioning Health care, sanitation, hygiene


of this organization

13. The Parts of the Body Cooperation

DUTIES AND VALUE ORIENTATION


14. The Emperor and the Emperor has a pet Compassion, loyalty, love of
Nightingale nightingale. They love freedom
each other. Emperor
later replaces the bird
with a toy bird that
breaks. In his sorrow
the nightingale comes
back for old times sake.

Poem No. 7 : Little Drops of Love and kindness even Kindness


Water in very small quantities
give happiness.

IN NCERT CURRICULUM
English Reader Book n for Class V

15. The Mightiest King in Over ambitious sage is Self-respect


the World - Part II put in his place by a mouse.

16. The Lotus Princess A simple farmer boy Humility, simplicity, dignity, of
Part I and II through his sincerity, labour
and kindness wins the
hand of a princess in marriage.

17. The Story of a Telegram Baldey gets a telegram Kindness, sympathy, friendship
about his mother being
very ill. His friends
rally round.

18. William Tell An archer risks son’s Courage, self-respect, love for
life rather than acknowledge one’s country, self-confidence
a tyrant’s authority.

English Reader Book m for Class VI

19. Sultan Saladin and Saladin tries to trick Religious tolerance


the Jewish Merchant Jewish merchant into
incriminating himself but
in the process leam s a lesson in
religious tolerance.
S. Title of Lesson Theme Value Sought to be promoted

140
No.

20 . The Righteous Kind Virtues of two kings Righteousness, justice, humility


are extolled and one
acknowledges the virtues
of the other as being
superior to his own.

21. Columbus Discovers Voyage of Columbus and Courage, perseverence, endurance


America : Parts I and II the problems he faces
en route

22 . Ants Industrious nature of Unity, cooperation


ants

23. Poems 1 and 2 : The Town The grass always appears Positive attitude
Child, The Country Child greener on the other side

English Reader Book IV for Class VII

24. A New Idea of Good New boy is shown around Helpfulness, kindness, courtesy
Manners school and made to feel
at home
25. Thomas Alva Edison Edison's work and account of Perseverence, self-reliance, being
his inventions helpful to others
26. Shri Ramakrishna Account of Shri Parama- Universal brotherhood, religious
Paramahansa hansa's life and teachings tolerance
27. A Letter from a Pen Exchange of information Understanding and appreciation of
Friend about customs and other cultures

FUNDAMENTAL DUTIES
traditions and culture
of the two countries —
Japan and India.

28. Poem No. 3 : My Land Love for one’s Country Patriotism

29. Poem No. 4 : No Men are We are all one, in this Universal brotherhood
Foreign world and what we do to
others we do to ourselves

30. Lady Clare Story about mistaken Truthfulness and Trust

OF CITIZENSS
identity, and Lady Clare
setting it right
s. Title of Lesson Theme Value Sought to be promoted

FI UNDAMENTAL
No.

English Reader V for Class VIII

31. The Spark Neglected A small problem could Neighbourly love, forgiveness

DUTIES AND VALUE ORIENTATION IN NCERT CURRICULUM


Burns the House escalate into a major
catastrophe unless
checked at the beginning

32. Gandhiji as a lawyer Extract from “My Experi­ Honesty, truthfulness, justice
ments with truth"
Gandhiji’s Autobiography

33. Poem No. 3 Mere size is no crite­ Dignity, self-confioence


The Mountain and the Squirrel rion for greatness.
The smaller beings are
equally great in their
own way.
34. Poem No.7 A country is built by Loyalty, work, patriotism
A Nation’s Strength the citizens’ labour

Supplementary Reader for Class IX Course B

35. Caged A mam who has been Love of freedom, empathy


imprisoned for 5 years
sets free 2 birds kept in a cage.

36. The Dilemma Boy thinks his uncle is Doing one’s duty, justice
an runaway convict and
is tom between duty and filial love.

37. The Blanket Boy is heart-broken at Caring for the aged members of
his grandfather being family
sent to an old folks Home.

38. The Gift of the Magi A husband and wife sac­ Love, sacrifice
pg. 56 rifice their dearest possessions to
give a gift that others want.

Supplementary Reader for Class X Course B

39. Not Just Oranges A child breaks a neigh­ Fortitude, forgiveness


bour’s expensive vase.
There is initial anger
followed by remorse.
S. Title of Lesson Theme Value Sought to be promoted

142
No.

40. The End of the Rope A mountaineering guide Understanding, self-respect,


teaches a tourist a courage
lesson.

41. I Can Play Schools A mother obsessed with Love, understanding


daughter’s 'abnormality'
is taught by a child to accept
it as matter-of-facility

42. War Different people talk Empathy, understanding


about their children
going to or dying in war

43. Quality A shoemaker’s conscientious and Self-respect, dignity


honest work produces quality
goods at the cost of this trade

English Reader for Class IX

44. Somebody’s Mother This is about helping an Caring for the aged, compassion
old ragged and ailing
mother of somebody.

45. Sympathy Material comforts and Sympathy, concern for others


posessions are fine but
sympathy is heavenly.

46. The Happy Prince A benevolent prince after Selflessness, self-sacrifice,


his death also sacrifices, caring for the poor
everything (the saphires,

FUNDAMENTAL
ruby, the gold that adorns
the prince’s statue) for the
betterment of the poor.
He also inspires a swallow to
follow the path of self- less help.

DUTIES
47. The Shoeshine No work is great, big or small. Dignity of labour
There is dignity of labour.
The shoeshine helps the
protagonist realise this with

OF CITIZENNS
his helping nature and lending
a hand of friendship.

48. The Nightingale and The enchanting nightin­


the Glow-worm. Pg. 77 gale after the day’s work
gets a glow-worm for food.
§. Title Of Lesson The Fne Value §ougfii to fee promoted

FUNDAMENTAL
No.

But the glow-worm convinces


him that the same divine
power had taught the nightin­
gale to sing and the glow-worm

DUTIES AND VALUE ORIENTATION


to shine. One beautifies
with music the other with light.

English Reader for Class X

49. Human Environment What does being human Peace, tolerance, fellow-feeling
and civilized mean? universal brotherhood
50. Little Brother A very young boy saves Love, courage, responsibility
his newborn sister’s
life by fleeing to Holland
when Germany

IN NCERT
attacked his country.

51. The Perfect Life In this world one can Appreciation, achieving perfection
see beauty and
perfection even in small

CURRICULUM
and short-lived things.

52. On Saying Please The little courtesies Good manners, courtesy


keep the machine of life oiled
and running smoothly.

53. The Bishop’s The good-natured Bishop Forgiveness, kindness


Candlesticks forgives the convict
who has stolen his silver
candlesticks.
Annexure B

Fundamental Duties and


Value Orientation in
NCERT Curriculum
and Textbooks
Contents

F or ew o r d

I ntro d u ctio n

1. Article 51 A (a)

2. Article 51 A (b)

3. Article 51 A (c)
Article 51 A (d)

4. Article 51 A (e)
Article 51 A (f)

5. Article 51 A (g)

6. Article 51 A (h)

7. Article 51 A (i)

8. Article 51 A (j)
Foreword

The Committee set up by the Government of India on 21 July 1998 ‘to


Operationalize the Suggestions to Teach Fundamental Duties to the Citizens
of the Countiy’ has the following as one of its terms of reference: To review
the existing programme already being implemented by the NCERT under
the National Curricular Framework and the need for identifying additional
inputs into it.’ Soon after the Committee was set up, NCERT prepared a
status note on ‘Fundamental Duties and Value Orientation in NCERT
Curriculum’ which indicated the broad framework in which Fundamental
Duties had been incorporated in NCERT’s curriculum, syllabuses and
textbooks. After the status note was submitted to the Committee for its
consideration, it was felt that a report on the coverage of Fundamental
Duties based on a detailed analysis of NCERT’s syllabuses and textbooks
in a few subject areas would facilitate the work of the Committee in reviewing
the existing programme and identifying additional inputs.
The present report is based on a detailed study of NCERTs curriculum
and textbooks in Science, Social Sciences (History, Civics and Geography),
Environmental Studies (Social Studies and Science) and Hindi. The report
has been prepared by my former colleagues Professor S.H. Khan and
Professor D. Lahiiy with the support of Professor Arjun Dev and his
colleagues in NCERT’s Department of Education in Social Sciences and
Humanities. I am grateful to them for the work they have done in completing
the analysis of materials and preparing the report in a very short time.
I hope the Committee will find this report useful in its work.

19 March 1999 A.K. S harm a


New Delhi Director
National Council of Educational Research and Training
Introduction

The Constitution of India lays down the basic framework of independent


India’s goals and the direction of its development as an independent nation.
The Preamble to the Constitution proclaims the resolve of the people of
India to constitute India into a Sovereign Socialist Secular Democratic
Republic and to ensure to all its citizens social, economic and political
justice, liberty of thought, expression, belief, faith and worship, equality of
status and opportunity and to promote among them all fraternity assuring
the dignity of the individual and unity and integrity of the nation. Parts III
and IV of the Constitution deal with Fundamental Rights and Directive
Principles of State Policy respectively. Part IVA (Article 51A) on Fundamental
Duties, which was added to the Constitution in 1976, lays down as the
duty of every citizen of India to abide by the Constitution and respect its
ideals and institutions, the National Flag and the National Anthem; to cherish
and follow the noble ideals which inspired our national struggle for freedom;
to uphold and protect the sovereignty, unity and integrity of India; to defend
the country and render national service when called upon to do so; to
promote harmony and the spirit of common brotherhood amongst all the
people of India transcending religious, linguistic and regional or sectional
diversities, to renounce practices derogatory to the dignity of women; to
value and preserve the rich heritage of our composite culture; to protect
and improve the natural environment and to have compassion for living
creatures; to develop scientific temper, humanism and the spirit of inquiry
and reform; to safeguard public property and to abjure violence; to strive
towards excellence in all spheres of individual and collective activity
so that the nation constantly rises to higher levels of endeavor and
achievement.
The provision of Fundamental Duties in the Constitution indicates
the general framework of the value system which every Indian citizen is
expected to imbibe and may be said to be integral to the realization of
India’s national goals as enshrined in the Constitution. While in the goals
of every political and social order, there is an implicit concept of values and
duties of citizens, the provision o f Fundamental Duties in the Indian
Constitution explicitly articulates the value system in the form of citizens'
duties as an imperativefor thefurtherance and realization of India’s national
goals.
The general framework of goals, policies and programmes in the field
of education are derived from the national goals and principles laid down
in the Constitution. All efforts at the reform and restructuring of education
in India since independence have aimed at furthering national goals. The
Resolution on the National Policy on Education issued by the Government
of India in 1968, while expressing its resolve to promote the development of
education in the country, laid down the following: “The educational system
must produce young men and women of character and ability committed
152

to national service and development. Only then will education be able to


play its vital role in promoting national progress, creating a sense of common
citizenship and culture, and strengthening national integration”.
The implementation of the 1968 National Policy on Education led to
the establishment of a common structure of school education throughout
the country. The new structure provided for ten years of undifferentiated
general education with five years of primary, three years of upper primary
and two years of secondary education. A National Curriculum Framework
was also formulated in 1975 as a part of the implementation of the new
structure. The study of one to three languages at different stages, Science,
Mathematics and Social Studies/Social Sciences, besides art education,
work experience and health and physical education were made compulsory
for every student in this framework.
The National Curriculum Framework also articulated the general
objectives of curriculum in the following words: ‘The awakening of social
consciousness, the development of democratic values and of a feeling for
social justice and national integration are extremely important.... National
integration can be achieved only through a proper understanding and
appreciation of the different sub-cultures of India and the common bonds
that hold them together. Discrimination of any kind based on sex, caste,
religion, language or region is to be looked at with aversion because it is
irrational, unnatural and harmful to the growth of modern India. All subjects
should be taught in such a manner as to foster the spirit of scientific
humanism”. The courses and textbooks that were designed as a follow-up
of this Framework sought to reflect these objectives.
The adoption of the National Policy on Education by Parliament in
1986 is a major landmark in the history of education in independent India.
It envisaged the building of a National System of Education on the basis of
a common structure, which by then had been accepted throughout the
country, and what it called ‘a national curricular framework which contains
a common core along with other components that are flexible’. This was
the first time when the formulation of a national curriculum framework
with a common core became a part of national policy. More importantly, it
identified the components of the ‘common core’ which provide the basic
value framework and orientation of school curriculum in India. The
“common core”, it stated, “will include the history of India’s freedom
movement, the constitutional obligations and other content essential to
nurture national identity”. The Policy further laid down the following
components of the ‘common core’ : “These elements will cut across subject
areas and will be designed to promote values such as India’s common
cultural heritage, egalitarianism, democracy and secularism, equality of
the sexes, protection of the environment, removal of social barriers,
observance of the small family norm and inculcation of the scientific temper.
All educational programmes will be carried on in strict conformity with
secular values.” ‘To promote equality”, it laid down, “it will be necessary to
provide for equal opportunity not only in access, but also in the conditions
of success. Besides, awareness of the inherent equality of all will be created
through the core curriculum. The purpose is to remove prejudices and
complexes transmitted through the social environment and the accident of
birth”. The Policy also laid stress on value education ‘based on our heritage,
national and universal goals and perceptions’, fostering of ‘universal and
eternal values, oriented towards the unity and integration of our people’,
153

and on the ‘combative role' of education in eliminating ‘obscurantism,


religious fanaticism, violence, superstition and fatalism’. In Part IV of the
Policy, dealing with Education for Equality, various measures for education
for women’s equality, education of Scheduled Castes and Scheduled Tribes
and of minorities and other sections were laid down. While referring to the
educational development of the minorities, the Policy also stated that
“objectivity will be reflected in the preparation of textbooks and in all school
activities, and all possible measures will be taken to promote an integration
based on appreciation of common national goals and ideals, in conformity
with the core curriculum.” Part VIII of the Policy dealt with the enrichment
of the curricula and processes of education by ‘cultural content in as many
manifestations as possible.’
The formulations of the 1986 National Policy on Education on ‘core
curriculum’ and other aspects may be said to provide the basic principles
for the value orientation of school curriculum. It may be noted that the
National Policy which was adopted ten years after the incorporation of
Fundamental Duties in the Constitution reflected almost each and every
element mentioned in the Fundamental Duties. It may also be said that the
values which are reflected in the Policy's concept of ‘core curriculum’ are
almost entirely and fully in accordance with the Fundamental Duties.
While the general framework of the value orientation of curriculum
was laid down in the ‘core curriculum’ and related principles stated in the
National Policy on Education — which, as stated earlier, were in almost
complete conformity with Fundamental Duties — it was further elaborated
in the National Curriculum for Elementary and Secondary Education — A
Framework (NCF) brought out by the NCERT in 1988 as a part of the
implementation of the National Policy on Education.
In its chapter on Emerging Concerns and Imperatives (Chapter 1),
the NCF dealt with various curricular and pedagogical issues and concerns
such as Preservation of Cultural Heritage, Constitutional Obligations,
Strengthening of National Identity and Unity, Character Building and
Inculcation of Values, Protection of the Environment and Conservation of
Natural Resources, Education for All-round development, Inculcation of
Scientific Temper, etc. The NCF, in its Chapter 2 on Organization of
Curriculum, discussed the various ways and means for the introduction of
‘core curriculum’ at all levels of school education, and their integration in
the regular subjects included in the scheme of studies proposed for various
stages of school education. It provided for the general framework of objectives
of courses proposed in the scheme of studies, including indications of the
place of ‘core curriculum’ in various subject areas. It also dealt with the
question of adopting appropriate strategies for providing learning experiences
and organizing teacher-pupil activities which are crucial for effective use of
curricular content and achievement of curricular objectives.
The NCF was made the basis for the orientation of content and process
of school education which was initiated throughout the country. The process
of implementation of the NCF was supported by the Guidelines and Syllabi
which the NCERT brought out in 1988 in various subjects. Almost every
state in India developed new courses of study and prepared new textbooks
to give effect to the major thrusts of the National Policy on Eklucation and the
guidelines provided by the NCF. The extent o f the implementation o f the NCF,
particularly o f the ‘core curriculum’ laid down in the National Policy and
elaborated in the NCF, however, varies from State to State.
154

This report presents the existing position in respect of the coverage


of each clause of Article 51A (on Fundamental Duties) of the Constitution
of India in the NCERT curriculum. It is based on an analysis of the Guidelines
and Syllabi as well as textbooks brought out by NCERT after the adoption
of the National Policy on Education by the Parliament in 1986. The
Guidelines and Syllabi as well as textbooks in three subjects, viz. Language
(Hindi), Science and Social Sciences (History, Geography and Civics) for
Primary (Classes I-V), Upper Primary (Classes VI-VIII) and Secondary
(Classes IX-X) stages have been examined with a view to assessing the
coverage of each clause of Article 51 A.
The report for each clause has the following components: (l)Text of
the clause and introduction; (2) Subject-wise description of the coverage in
terms of (i)objectives stated in the syllabus of the subject which have a
bearing on the understanding of the clause, (ii)content outline relating to
the clause given in the syllabus of the subject, (iii)activities, if any, related
to the clause in the syllabus of the subject, (iv) a brief description of the
coverage of the clause as given in the textbooks of the subject and
(v)suggested activities, projects, etc., if any, relevant to the clause given in
the textbooks. The presentation of the coverage for the relevant subject(s)
and school stage (s) is followed by a general assessment of the coverage.
It may be noted that the school curriculum up to the end of the
secondary stage is undifferentiated and that all subjects are compulsory
for all students.
The general approach to the teaching-learning of Fundamental Duties
in NCERT’s curriculum has been indicated in the note entitled ‘Fundamental
Duties and Value Orientation in NCERT Curriculum — A Status Note’. The
present report seeks to provide a detailed statement of the subject-wise
and stage-wise coverage of Article 51 A in the syllabi and textbooks in
Language (Hindi), Social Sciences and Science for Primary, Upper Primary
and Secondary stages brought out by NCERT.
Article 51 A (a)

Artrticle 51A Fundamental Duties — It shall be the duty of every citizen of India —

(a)i) to abide by the Constitution and respect its ideals and institutions, the National Flag and the
Naational Anthem....

Thhe Constitution is the fundamental law of the land. and civics included in the curriculum and textbooks
It £sets out the national goals and ideals, epitomises of this subject.
thae aspirations of the people, and lays down the
pririnciples of governance. The Preamble to the I Curriculum and Syllabus
Coonstitution expresses the resolve of the people of The statement of Objectives includes the following:
Inodia to constitute India into a Sovereign Socialist ‘(The pupil) develops norms and modes of behaviour
Seecular Democratic Republic and the goals of that are consistent with the values enshrined in the
seecuring to all its citizens Justice, social, economic Constitution of the country such as democratic way
annd political; liberty of thought, expression, belief, of life, national identity, equal rights and
faiiith and worship; Equality of status and of responsibilities, respect for other religions and ways
oppportunity; and to promote among them all of life, concern for others, cooperation.’
Frcaternity assuring the dignity of the individual and
thae unity and integrity of the nation. The Content outline includes the following:
' The National Flag and the National Anthem are Class I. National Anthem and National Festivals
thae symbols of the sovereignty of the nation and its Class II. National Festivals — Independence Day,
ideeals and goals. Republic Day and Gandhi Jayanti
NCERT curriculum and textbooks seek to Class III. Stories relating to National Festivals.
prrom ote am ong stu d en ts kn ow ledge and Egalitarianism, Democracy and Secularism
umderstanding of the Constitution and its ideals — Local Bodies.
amd institutions, and of the National Flag and
thae National Anthem and to instill in learners an Class IV
atttitude o f respect towards them. The main — Our National Symbols - their significance.
surbject areas through which it is sought to be — Government at the National, State and local levels
doane are mainly Environmental Studies (Social — Our National Goals: Democracy, Secularism and
Sttudies), Social Sciences (History and Civics) and Socialism
Lainguage (Hindi) at various stages of school
ediucation. The nature, extent and depth of the — Fundamental Rights, Directive Principles,
coTverage of various components varies depending Fundamental Duties of the citizens.
om the subject and the stage of education. n Textbooks
Emvironmental Studies /Social •Studies Classes I & II — No textbook has been prepared or
recommended for classes I & II by NCERT.
Thiis subject is a part of the school curriculum at the
prrimary stage. Some of the components of Article 51A 1. Class III —We and Our Country. The textbook
(a)) are dealt with in the themes relating to history introduces India in a very general way. Unit II of the
156 FUNDAMENTAL DUTIES OF CITIZENNS

book includes description of National Festivals. The Ill Suggested Activities


unit also explains the working of democratic At the end of each chapter in these textboooks,
institutions at the local level like Village Panchayats activities to be undertaken by the students have boeen
and Municipal Committees. It has been highlighted suggested. Some of the activities related to abbove
that these institutions are elected bodies and that mentioned units are as follows.
they function for the welfare of the people. 1. Collecting Pictures of National Festivals
2. Class IV — Our Country India The textbook 2. Playing the game of electing a leader of the cfclass
includes details about the life and culture of the 3. Learning National Anthem by heart and singirng it
people of India. One unit of the book is wholly devoted
4. Drawing a picture of the National Flag
to the formation and functions of the Government.
The unit highlights the main features of the History
Constitution of the country. It explains the concepts
of democracy, socialism and secularism in a simple The course content of History at the upper prirrnaiy
way. It mentions Fundamental Rights of the citizens stage covers Indian history from ancient to moddern
and Directive Principles of State Policy. It also periods. Themes included in the modem period ccover
explains their significance. The role of judiciary in a large number of topics related to freedom stru/iggle
protecting Fundamental Rights and in dispensing and to the making of the Constitution. The coiurse
justice has also been highlighted. content of history at the secondary stage covers 5the
It has been pointed out that to enjoy Fundamental history of civilization from ancient to modern pericods.
Rights citizens have to perform certain duties. It also covers a few themes related to modern pejriod
Fundamental Duties have also been indicated in the of Indian history, like the cultural heritagte of
unit. Students have been urged to respect and follow India, Indian awakening and India’s struggle: for
the Constitution of the country. freedom.
One of the units deals with the formation and
functions of the Government at the Centre and in Stage: Upper Primary Stage
the States. The procedure of election and participation
I. Curriculum and Syllabus
of the people, both men and women, in the elections
have been highlighted. The content outlines for class VIII include the
following:
The National Symbols — the National Flag, the
National Anthem and the National Emblem — have — Interim Government and Constituent Assemtbly.
been presented as the symbols of unity, freedom and — Framing of the Constitution
sacrifice of the people and as bonds of oneness and
unity of the people. While describing the National n. Textbook
Flag, details about its size and the colours have been Class VIII. Modern India: A large part of the textbook
included. Rules to show respect to the Flag have also deals with the freedom movement in India. B rief
been given. Importance of the National Anthem has references to the making of the Constitution! for
been explained. Rules of showing respect for the Independent India have been made while descrilbing
Anthem whenever it is sung or its tune is played have the story of the freedom struggle. For instance,, the
also been included in the text. Reference has also declaration by the Congress in 1934 that Indiians
been, made to the significant aspects of the National alone were competent to frame the constitutions has
Emblem, notably ‘Satyameva Jayate’ (Truth alone been mentioned in the textbook. Reference has tbeen
Triumphs). made to the demand of the Congress for conveniing a
Constituent Assembly elected by the Indian pecople.
3. Class V —Our Country and the World The textbook
Subsequently, the form ing of the in terim
largely deals with the life and culture of the people
government and convening of the Constituent
living in different parts of the world. The last unit of
Assembly have been included in the text. It has also
the book deals with the story of India’s freedom
been mentioned that the Constituent Assembly
struggle. While summing up the story it has been
started its work of framing the Constitution in
stated that Indian leaders never accepted the idea of
religion as the basis of State. ‘After gaining December 1946.
indpendence the people of India set up a State where At the end of the story of the freedom strugg'le, it
people of every religion live freely and as equals’. has been mentioned that at the time of attainment of
FUNDAMENTAL DUTIES AND VALUE ORIENTATION IN NCERT CURRICULUM AND TEXTBOOKS 157

In d ep en d en ce in August 1947, the work of The main objective of teaching Civics at the
fratming the Constitution was in progress, that it secondary stage is to reinforce the understanding
wais com pleted on 26 November 1949 and which students have developed at the upper primary
that the Constitution came in force on 26 January stage. Thus the course content covers many areas
19150. which have been dealt with earlier. At the secondary
stage, however, the treatment is in greater detail and
Stage: Secondary Stage depth than before.
I. (Curriculum and Syllabus
Stage: Upper Primary
Thie statement of Objectives includes the following:
I. Curriculum and Syllabus
To> enrich the understanding of those aspects of
(a) The statement of Objectives includes the following:
Indian historical development which are crucial to
an understanding of contemporary India.’ 1. To help the students understand our Constitution
and the values enshrined in it.
n. Textbook 2. To acquaint the students with the machinery of
Class X — The Story o f Civilization, Vol. II - Chapter the government at different levels
16 of the book deals with India’s struggle for freedom. 3. To inculcate in the students an understanding
In the process of describing the story of India’s of the values of egalitarianism, democracy,
struggle, references have been to the demand for the secularism and national integration.
formation of a Constituent Assembly elected by adult
(b) The Content outline includes the following:
fra nchise to decide the Constitution for India. Later,
the formation of the Constituent Assembly and its Class VI: Local Government — Rural Local
w ork in fram ing its work in December the government — Urban
Constitution which came in force on 26 January 1950 Class VII: Features of the Constitution- Making
are described. of our Constitution — Basic values enshrined in the
The content of the textbook refers to Jawaharlal Constitution — National and State governments —
Nehru’s speech on the occasion of moving the Fundamental Rights and Fundamental Duties —
Objectives Resolution in the Assembly. The Assembly Directive Principles of State Policy — Indian
resolved that in independent sovereign India, ‘justice, Citizenship — National Symbols
social, economic and political; equality of status, of Class VIII: Our National Goals: Democracy,
opportunity, and before the law; freedom of thought, Socialism, Secularism — National Integration and
expression, belief, faith, worship, vocation, International Understanding.
association and action will be guaranteed and secured
to all people of India’. This was reflected in India’s (c) Projects/Activities
Charter of Freedom adopted by the Constituent Projects recommended aim, among others, at
Assembly in January 1947. The Charter has been developing the following:
reproduced in the textbook. 1. Showing respect for the Constitution and values
enshrined in it.
Civics
2. Showing awareness of the Fundamental Rights
Civics is taught as a component of social sciences at and Duties incorporated in the Constitution
upper primary and secondary stage. 3. Obeying laws and rules
The main objectives of teaching Civics at upper 4. Showing respect for National Symbols
primary stage are to create awareness about the
5. Showing awareness of our National Goals
features of the Constitution of India and the way the
viz. Democracy, Socialism , Secularism ,
Governments function at local, state and union levels.
National Integration and International
The course content at this stage covers in the
Understanding.
beginning the functioning of local governments. In
class VII, the syllabus is entirely devoted to the study Suggested Projects
of the Constitution.
1. Election process from nomination to declaration
In class VIII the problems and challenges faced by of results of election of Students Union, Village
independent India have been included. Panchayat, Municipal Committee.
158 FUNDAMENTAL DUTIES OF CITIZEN9S

2. Functioning of the following in terms of their The functions of the President, the Prime Minisster
achievements and difficulties faced: Village and the Council of Ministers and also of the governnor,
Panchayat/Municipal Committee or Corporation, the chief minister, etc. in the States have also boeen
Block Samiti, Zila Parishad explained.
The judicial system of our country has also boeen
n. Textbooks explained in the textbook. The composition aand
1. Class VI — Our Civic Life. Three chapters of the functions of the Supreme Court, High Courts aand
textbook deal with the democratic institutions at the Subordinate Courts have been detailed. The rolde of
local level like Village Panchayat, Municipalities and judiciary in dispensing justice, protecting 1the
Municipal Corporation. In one chapter, the concept Fundamental Rights of the citizens and safeguardding
of Panchayati Raj has been explained. It has been the federal character of the country has beeen
mentioned that through local governments, people highlighted.
learn to solve their problems and also get training in The nature of citizenship in our country has boeen
democratic ways of running their affairs. These explained in one of the chapters of the book. IThe
governments also help local people to develop self- qualities of a good citizen like obeying the laws of t"the
reliance, initiative and spirit of cooperation. It has land, paying taxes on time, participating in the
been explained that local people are aware of their elections have been highlighted.
needs and problems and try to solve them in their Fundamental Duties of the citizens as incorporaated
own way. in the Constitution have been included in a chappter
The textbook provides detailed information about of the textbook. The foremost of these duties iss to
the democratic procedures of formation of local abide by the Constitution and respect its ideals jand
governments and their functions. institutions. It has been stated in the textbook tthat
during the national struggle for freedom, people wvere
2. Class VII — How We Govern Owselves. Almost inspired by the high ideals of non-violence, democrracy
the entire textbook deals with the ideals and and secularism. Now as the Constitution enshriines
institutions as enshrined in the Constitution of India. these ideals it is our duty to abide by them. 'The
In the beginning, a brief history of the making of the textbook also mentions other duties of the citizzens
Constitution has been given. It has been pointed out like upholding and protecting the sovereignty i&nd
that elections were held to elect a .Constituent unity of the country, to promote harmony and sjpirit
Assembly for India in 1946. of common brotherhood amongst all the peopUe of
The textbook explains the ideals of the Constitution India, to value and preserve the rich heritage of Imdia,
which have been given in the Preamble to the to protect the environment, and to develop the
Constitution. The Preamble has been reproduced in scientific temper, etc.
the book and ideals contained in it like democracy, At the end of the book, National Symbols have toeen
secularism, socialism have been explained. described. The content includes the descriptionis of
One chapter of the book describes the main the National Flag, the National Anthem and the
features of the Constitution including the federal National Emblem. Students have already b>een
character, Fundamental Rights, Directive Principles introduced to them in their earlier classes. The
and role of the judiciary in solving the disputes among present book gives more details about each of thiem.
States, protecting Fundamental Rights of the citizens For instance, the historical background of the
and dispensing justice to people. development of the National Flag has been giwen.
Significance of the colours of the flag has also toeen
The textbook explains in detail some of the
explained.
Fundamental Rights and the Directive Principles of
State Policy. The difference between the two has also Practical Activities
been clearly brought out. The significance of the Some practical activities have been included im the
Fundamental Rights like Right to Equality, Right to textbook. These relate to elections at classroom ltevel,
Freedom of Speech, Right against Exploitation, Right evolution of the National Flag and the National
to Freedom of Religion and Cultural and Educational Emblem.
Rights, etc. has been brought out.
The textbook explains the composition and 3. Class VIII — Our Country Today— Problems and
functions of the law-making bodies of our country. Challenges. The textbook deals with various isfsues
| {FUNDAMENTAL DUTIES AND VALUE ORIENTATION IN NCERT CURRICULUM AND TEXTBOOKS 159

relating to national goals. The content of the book and government, the textbook deals with the
presents an explanation of the concepts of democracy, Constitution of India and its features. Fundamental
secularism and socialism. For instance, various Rights and Directive Principles of State Policy have
diimensions of democracy like political and social been described in detail. Theoretical constructs of
deimocracy have been explained. Democracy as the the concept o f dem ocracy and its essential
funidamental value of our society has been further components like significance of elections and role of
explained in terms of representative democracy political parties have been explained through
wherein the worth of the individualis vote, role of examples from Indian democracy.
poliitical parties, etc. have been highlighted. The role Democratic institutions created by the
of education in strengthening democracy has also Constitution have been dealt with in detail and depth.
bee:n emphasized. Similarly, the concepts of secular Composition and functions of the governments at the
statte and economic equality have been explained by Union, State and local levels and their functions have
citimg examples from real life situations of the people received deeper treatment compared with the one in
pf the country. The goals enshrined in the earlier classes.
Comstitution have been related to National Integration
One chapter has been devoted to the judicial
andl International Peace and Understanding. It has
system of the country. Role and functions of the
bee*n emphasized that national integration and unity
Supreme Court, High Courts and Subordinate Courts
of tlhe country are necessary for economic progress
have been discussed. It also deals with the
andl welfare of the people, and international peace is
independence of judiciary, appointment and removal
essential for the growth and progress of all countries.
of judges, jurisdiction of courts, etc. Reference has
While bringing out the significance of the national also been made to Lok Adalats and Public Interest
goalls, the problems faced by the people have also Litigation system.
t>eem discussed.
Suggested Projects/ Activities
fetage: Secondary Stage
The textbook includes in-text questions as well as
I. Curriculum and Syllabus hints to teachers for activities.
(a) The statement of Objectives includes the following: The syllabus in Civics includes a list of Projects
To develop an intelligent understanding of the which basically aim at providing training in
structure of the civic and political institutions citizenship. The following suggested projects relate
(b) The Content outlines include the following: to the ideals and institutions of the Constitution.
1. Government at local level 1. Organizing school government
la. Citizen and local government 2. Election process from nomination to declaration
of results of Village Panchayats, Legislative
'2. Governments at the State and National levels
Assemblies.
((a) The Citizen and State Government
3. Achievements and Problems of the following:
The State Government: Legislature,
i. Village Panchayat
Executive, Judiciary
The role of the State Government in citizens’ ii. Panchayat or Block Samiti
social and economic life iii. Local Administration
(b) (i) The citizens and the National Government: iv. Municipal Corporation
Parliament, the President, Prime Minister 4. Organizing Youth Parliament
and the Cabinet — Supreme Court
(ii) Study of the Fundamental Rights and Language (Hindi)
Fundamental Duties
Language is a powerful vehicle for communicating
(iii) Directive Principles of State Policy information and internalising values. Though at
primary and upper primary stages the main objective
n. Textbook
of teaching language is development of linguistic
India — Constitution and Government skills, knowledge about important aspects of life is
The major part of the content of the textbook deals also imparted and effort is made to inculcate values
with the ideals and institutions of the Constitution. in learners. At the secondary stage, stress is laid on
After explaining the concepts of society, citizenship literary aspects.
160 FUNDAMENTAL DUTIES OF CmZENMS

Primary Stage in the struggle. The teacher also explains ^why


I. Curriculum and Syllabus changes have been made in the original tricolor.-. On
the query of the students, the teacher explains* the
At primary stage of education, the main objective of
significance of each colour in the flag.
teaching language is to develop linguistic skills. Along
with this some important information about life is
Upper Primary Stage
imparted and desirable values are inculcated. To
achieve these objectives, relevant thematic content I. Curriculum and Syllabus
is selected for the textbooks. The main objective of teaching of mother tomgue
The thematic content related to ideals and (Hindi) as mentioned in the curriculum is to dewelop
institutions of the Constitution as suggested in the linguistic skills, to widen the mental horizon off the
syllabus is as under: children and to develop thinking and reasoning
abilities of children. One of the objectives mentioned
Classes I & II. Names of eminent freedom fighters.
in the curriculum relevant to the ideals off the
Names of National Festivals - National Anthem.
Constitution is to develop awareness about- the
Class III. National Emblem and Symbols understanding of national goals. Emphasis has Ibeen
Class IV. Poems conveying the message of unity and laid on the achievement of ‘core’ components wrtiich
oneness include equality, democracy and secularism thrcough
the teaching of mother tongue.
n. Textbooks
1. Class I Bal Bharti -Bhag 1 n. Textbooks
Page 58. Picture of National Flag has been given. Class VI. Saras Bharti Bhag 1
Page 104. Lesson ‘Jhanda' is a poem on the Page 1. Lesson — ‘Ek Hamara Jhanda, Ek Haimara
National Flag. It has been indicated in the poem that Desh'
pur National Flag has three colours and that it is It is a poem about the National Flag. It says; that
palled Tiranga’. It has been mentioned that we feel the Flag is the symbol of onenesss of our counttry. It
very happy when we see it and that we respect our refers to the sacrifices made for the country b y the
flag. people who take a vow that they would maintain its
honour. The poem also mentions that the Flag iis-the
2. Class III Bal Bharti Bhag 3
symbol of humanism of our motherland and it gives
Page 84. Lesson ‘Chabbis January Ki Parade’. A boy message of truth, non-violence and love.
writes a letter from New Delhi to a friend wherein he
describes the celebration of the Republic Day in Delhi. Stage: Secondary Stage
He writes about the parade on the Raj path where I Curriculum and Syllabus
the President takes salute of the march past of the
The main objective of teaching language a t the
Armed Forces. He also writes about the colourful
secondary stage continues to be the development of
tableaus from different States and about the fly-past
linguistic skills. However, at this stage more stress
of aircrafts spreading colours of the National Flag.
is laid on understanding literature in mother tongue
Page 110. as well as different forms of literature. Regarding
(Rashtra Gaari The National Anthem has been selection of themes, a long list of topics has been
printed against the background of the National Flag. provided in the curriculum. Two objectives relate to
the ideals enshrined in the Constitution. These are
3. Class IV Bal Bharti Bhag 4 (i)responsibilities as given in the Constitution and
Page 57. Lesson ‘Hamara Rashtriya Jhanda’ (ii) equality, democracy and secularism
The lesson includes a dialogue between students
n. Textbooks
and teachers. Students ask many questions about
the National Flag and the teacher replies to these 1. Class IX. Parag Bhag 1
questions. The teacher explains the importance of Pp 103-108 Lesson ‘Mera Gaon Mera Desh’. It is a
hoisting the National Flag on the Independence Day satirical essay. Writing about the Fundamental Right
on 15 August. The teacher tells the students that of individuals to live and settle anywhere in India,
people of India fought the war of independence under the author mentions that he belongs to different parts
this flag and thousands of them sacrificed their lives of the country but when he asserts this in a particular
FFUNDAMENTAL DUTIES AND VALUE ORIENTATION IN NCERT CURRICULUM AND TEXTBOOKS 161

areea the people of that area object to it and brand National Flag and the National Anthem have been
hirm as an outsider. adequately dealt with.
TThe essay brings out that each one of us is Indian In Civics, the content is directly related to the
flrsst and then resident of a State or a janpad or a study of the Constitution and ideals and its
villaage. institutions. The subject-matter has been presented
in a concentric pattern. At the Primary stage,
2. CClass X. Parag Bhag 2
elementary information has been provided about the
Pagge 25. Lesson ‘Main Aur Mera Desh’ National Symbols and the government at different
TThe author lays emphasis on performing certain levels. More details of these have been included in
dutties though there is no direct reference to the the curriculum and textbooks for the Upper Primary
Furndamental Duties given in the Constitution. stage. The significance and importance of the ideals
Atteention has been drawn to duties like upholding and institutions have been highlighted. The textbook
the i honour and prestige of our country, participating of class VII deals entirely with the Constitution. The
in tthe elections and casting vote for right persons scope of description of these components further
andl keeping our surroundings clean. widens in Classes IX-X. More analytical and
systematic subject-matter has been included in the
3. Class IX. Swati Bhag 1
textual materials for these classes.
Pag*e 79. Lesson ‘Gandhiji Ke Janm Divas Par’ References to the process of framing of the
Itt is a poem where Gandhiji talks to people after Constitution of independent India have been made
his death on his birthday. He asserts that he would in history textbooks for classes VIII and X in the
be bjorn again and again and will continue to struggle context of the history of the independence movement.
for lupliftment of the downtrodden , the deprived and The importance and significance of the Constitution
the idistressed people. He asserts that he is not afraid have also been brought out in the text. The goals of
of giuns. He would continue to sing in prayer meetings independent India are also sought to be stressed in
andl would be gunned down but he would be born these textbooks.
agaiin and again. The textbooks of Hindi also contain some essays
4. C'lass IX. Mansi Bhag 1 and poems which relate to ideals and institutions of
the Constitution. Poems related to the National Flag
Pagee 56. Lesson 'Shrimati Bhikaji Cama' are common in lower classes. At the later stages of
TThis is a brief biography of Bhikaji Cama. In the education, poems and essays highlighting the Ideals
t>egiinning, an extract from her speech has been of equality, democracy and secularism have been
(juolted. The speech was made by her in Germany in included. Sometimes the messages in these books
19018 at a Socialist Congress. The Indian National are direct and at other times indirect.
Flag designed by Madam Cama was hoisted in that The significance of the National Flag and the
Conference. She appealed to the audience to salute National Anthem and the forms and rules for
the Iflag which was a symbol of freedom. showing respect to them are adequately explained.
In the curriculum and textbooks, particularly in
Comclusion Civics, activities and projects have been included
The analysis o f curricula and textbooks in that are helpful in developing awareness about
Environmental Studies (Social Studies), History, the ideals and institutions of the Constitution
Civiccs and Language (Hindi) for Classes 1-X reveals and in inculcating values and attitudes related to
that the Constitution, its ideals and institutions, them.
Article 51 A (b)

Article 51A (b) To cherish and follow the noble ideals which inspired our national
struggle for freedom;...

The ideals which inspired our national struggle for 2. The pupils develop the understanding of the
freedom (and the ideals which were evolved by our objectives of the formation of the Indian Naticonal
national struggle) constitute the foundations of the Congress.
growth of India as an independent nation. These
B. The Content outline includes the following:
ideals were enshrined in the Constitution and have
determined the basic framework of policies and Class III — Stories of some important personalities
programmes of independent India. These ideals and also of the freedom fighters of the State andl the
include freedom of the country and the unity and country.
sovereignty of the people, building of a democratic Class IV — Revolt of 1857 — Formation of Incdian
and secular political system, reconstruction and National Congress — Appearance of Gandhi om the
modernization of Indian society based on the political scene and changes brought about by hirm in
principles of egalitarianism, social justice, ending of the national movement — Contribution of leaderrs in
all forms of exploitation Eind social oppression and the freedom struggle.
rapid economic development with the use of modern
Science and technology, cherishing Eind nurturing of n Textbooks
India’s culture with its rich diversity and variety, and Class V — Our Country and the World. Unit VI o>f the
promoting international peace and cooperation based book deals with India’s Struggle for freedom. W hile
on equality of all peoples and nations. describing the causes of early revolts and the Rtevolt
The knowledge and understanding of the ideals of of 1857, it has been mentioned that various secttions
the freedom struggle as well as inculcation of the of the people were suppressed, were Ikept
values relating to these ideals has been sought to be economically backward and were ill treated bjy the
promoted through the study of the history of the British. They wanted to oust the British Eind wainted
freedom struggle in all its phases, aspects and to be free from foreign rule. It has been pointedl out
dimensions aind of stories, poems and narratives on that though the Revolt of 1857 was unsuccessful, it
the heroes of the freedom struggle and various events kindled the flame of freedom in the minds off the
connected with it at all stages of school education. people.
The textbook explains the developments thait led
Environmental Studies/Social Studies to the formation of the Indisin National Congre:ss in
Environmental Studies (SociEil Studies) at the primary 1885. It mentions that in the beginning its imain
Stage introduces pupils to some elements of the objective was to draw the attention of the Biritish
history of the freedom struggle and the role played towards the demands of the people. However:, the
by some o f the most outstanding leaders of the movement soon became a struggle to oust the Biritish
ireedom struggle. Eind to win Swaraj. Tilak asserted that freedomi was
his birthright.
I Curriculum and Syllabus The role of Mahatma Gandhi in transforminig the
A. The Objectives stated in the syllabus include: movement and its objective is emphasized. Foir him
1. The pupils acquire the knowledge of causes of the objective of the movement was not only to g<et rid
the Revolt of 1857. of foreign rule but also to free society froim evil
FFUNDAMENTAL DUTIES AND VALUE ORIENTATION IN NCERT CURRICULUM AND TEXTBOOKS 163

praictices like untouchability and oppression of Bhagat Singh and his comrades - Surya Sen
woimen. He also wanted to bring unity among the and revolutionary activities in Bengal -
people by buiying differences caste, creed, language Assessment of the role of revolutionaries.
anal region. He wanted poverty and illiteracy removed • Civil Disobedience Movement: Simon
ancd conditions of backward people, farmers and Commission and the revival of the mass
labtourers improved. movement - Adoption of Purna Swaraj
resolution - Dandi March - Civil Disobedience
History Movement - Repression - Round Table
As ;already mentioned, the course content of history Conference - Resum ption o f Civil
at vupper primary as well as secondary stages includes Disobedience Movement - Main features and
the? study of India’s freedom movement. While trends in the movement.
providing a comprehensive account of all major • Communalism and the freedom movement -
phases and events of the movement, emphasis is laid Movements of Depressed classes - Socialist
on Ithose aspects which bring out the ideals, how they ideas and movements - W orkers’ and
evorived during the course of the struggle and inspired peasants’ movement - Indian Freedom
the; movement. Movement and the World - Freedom
Staige: Upper Primary Movement in the Princely States.
The statement of Objectives includes the following: • Government of India Act of 1935. Formation
of provincial ministries.
I Curriculum and Syllabus
• Indian Freedom Movement during the Second
A. To deepen knowledge about and understanding World War - Individual Satyagraha - Cripps
of India’s freedom struggle and of the values and Mission - Quit India Movement - Azad Hind
ideals that it represented’ is one of the stated Fauj.
objectives of the
• Popular upsurge after the Second World War
B. The Content outline includes the following: - Cabinet Mission - Demand for Pakistan -
• Early Revolts against British Rule - Revolt of Interim Governm ent and Constituent
1857 Assembly - Partition and Independence -
imm ediate tasks - Fram ing o f the
• Emergence of Indian Nationalism: Factors
Constitution - Integration of Princely States
and forces — Political associations —
- Liberation of French and Portuguese
Formation of the Indian National Congress
possessions.
— Main demands and methods of struggle
in the early phase (1885-1905) n Textbook
• Nationalist Movement from 1905 to 1918 — ‘Modern India’ , A History Textbook for Class VIII
Rise of Extremism — Partition of Bengal —
The textbook deals with the history of modem India
Boycott and Swadeshi - Swaraj as the
from the 18th century to the attainm ent o f
objective — British Policy — Divide-and-rule
independence. There is also a brief account of the
— Revolutionary movement in India and
major developments from 1947 to 1950, including
abroad — Ghadar — Home Rule Movement
the framing of the Constitution, and a reference to
— Lucknow Pact.
the liberation of French and Portuguese possessions
• Beginning of Mass Anti-Imperialist Movement in India. A large part of the book is devoted to
— Emergence o f Gandhiji and his role - presenting a comprehensive account of the major
Consequences of the First World War for India phases, trends and dimensions o f the freedom
—Repressive measures - Jallianwala Bagh struggle, along with a description of the major social
massacre - Khilafat Question - Khilafat and and religious reform movements and cultural
Non-Cooperation Movement - New methods awakening in all parts of the country. The book also
of struggle - Role of peasants and workers - presents a general description of Indian society in
Suspension of movement - Constructive the pre-colonial period and of the consequences of
Programme and Swarajists. colonial rule on Indian society and economy. The
• Revolutionary Movement: Revival of presentation of the freedom movement as well as of
revolutionary activities in early 1920s - the social and religious reform movements brings out
164 FUNDAMENTAL DUTIES OF CITIZEP'NS

the ideals which emerged during the struggle for literature - Beginning of peasants’ and wortkers’
freedom and inspired it - the ideals of freedom from organizations and socialist movement - Social and
foreign rule, the vision of an independent India which economic content of the nationalist movemesnt -
would be sovereign, democratic, united, secular and Movements of depressed classes - Commiunal
egalitarian, and wedded to international peace, organizations and their role - Demand for Piurna
freedom and social progress of all countries in the Swaraj and Civil Disobedience Movement - Moveiment
world. While it describes the sacrifices of the in the Princely States - Indian nationalist moverment
revolutionaries and their role in inspiring people to and the world - Constitutional changes and proviincial
participate in the freedom struggle, it lays emphasis ministries - Attitude towards the Second World I War
bn the non-violent methods of struggle as the central - the Quit India Movement - Azad Hind Faauj -
feature of the struggle. The struggle for freedom was Communal politics during the Second World W ar -
not only for ending foreign rule but also for building Post-war upsurge - Negotiations - Partition and
a new India. It was also a struggle against Independence - Integration of Princely stattes -
untouchability and caste oppression and against the Liberation of French and Portuguese colconial
disruptive role of communal organizations. Thus, possessions in India.
while the book seeks to promote knowledge and
understanding of the various phases of the freedom n Textbook
struggle, it brings out the vision which inspired it Class X. The Story o f Civilization, Vol. II
and which grew in the course of the struggle. The The two units on India present a broad oveirview
concluding part of the book also attempts to sum up of India’s awakening as expressed in the sociall Eind
the ideals of the freedom struggle and seeks to religious reform movements and cultural renaisssance
promote their understanding. The struggle for and of India’s struggle for freedom. The empha:sis is
freedom is presented as laying down the main on main trends and features and on highlighting the
direction of the developm ent o f India as an ideals of the freedom struggle - popular sovereignty,
independent nation. democracy, secularism, egalitEirianism, unity o>f the
people, cherishing the composite nature of Inidian
Stage: Secondary Stage
culture, ending of social oppression, building; of a
I. Curriculum and Syllabus modern society, internationalism and solidarity' with
A. The Objectives as stated include the following: other peoples struggling for freedom and social
progress.
To enrich the understanding of those aspects of
Indian historical development which are crucial to Language (Hindi)
an understanding of the contemporary world’.
Stage: Primary Stage
B.The syllabus which is mainly related to world
history has three units on India: I. Curriculum and Syllabus
Two of these cover Indian Awakening and India’s The main objective of teaching language is to
Struggle for Freedom. The following is the Content develop linguistic skills among the students. Along
outline of these units. with this the ideational aspect emphasizes knowledge
Process of the British conquest of India and and inculcation of desirable vsilues. Suggested themes
resistance to British rule - Impact of British rule on include biographies of freedom fighters, stories and
Indian economy and society - Rise of new commercial narratives on events related to freedom movement
centres and new social classes - Revolt of 1857 - and history of freedom movement.
Movements of social Eind religious reforms - Cultural n Textbooks
movements - Impact on the growth of national
Consciousness. Class V. Bal Bharti Bhag 5
Rise of nationalism - Early political associations - The book includes the story of the Rsini of Jhansi,
Formation of the Indian National Congress and its one of the most heroic characters during the Revolt
early phase - Rise of extremism - Swadeshi and of 1857.
Boycott movement - Revolutionary movement during Stage: Upper Primary
the First World War - Emergence of Gandhiji - Khilafat
and Non-Cooperation Movement - Role of peasants. I. Curriculum and Syllabus
Workers, women and students. The Swarajists - The main objective of teaching Hindi as mother
bonstructive programme, Role of the press - Role of tongue continues to be the development of linguistic
FUNDAMENTAL DUTIES AND VALUE ORIENTATION IN NCERT CURRICULUM AND TEXTBOOKS 165

skillls. One of the objectives of teaching language at India. It narrates various incidents from his life and
this stage is to develop awareness and understanding his sacrifice for the motherland.
of national goals.
3. Class VIII. Kishore Bharti Bhag 3
II 'Textbooks
Lesson: “Vijay Bola’
1. Class VI. Saras Bharati Bhag 1 It is a play on the life of Kunwar Singh who was
The book includes a lesson on the life of Tantya one of the leaders of the Revolt of 1857. The drama
Tope who was an important figure during the Revolt shows the bravery of Kunwar Singh and highlights
of 11857. his desire to oust the British from the country.
The poem ‘Khuni Hastakshar’ included in this Lesson: ‘Rajendra Babu’
texttbook describes an incident that took place in
Mahadevi Verma has written on some aspects of
Burrma where Subhas Chandra Bose urged the people
the life of Dr Rajendra Parsad who was a great
to jioin the Indian National Army to fight against the
freedom fighter. Mahadevi Verma writes about the
Brittish to gain freedom. The poet describes the scene
simple way of life of Dr Rajendra Prasad which he
whien Subhas delivered the speech and declared that
continued to follow even when he became the
if pteople gave their blood, he would give them freedom
President of the country.
in return. People attending the meeting signed their
pledge with their blood to fight for freedom. Lesson: ‘Prem Chand’
Les.son: ‘Ladki Ka Pita’ It is a brief biography of Prem Chand, the great
writer of Hindi and Urdu, written by Nagaijun. It has
I t is a very inspiring story about the people who
been mentioned that he was deeply involved in the
made sacrifices while fighting for independence.
freedom struggle. Though he did not directly take
Thakur Roshan Singh was sentenced to death in the
part in the freedom movement, his writings, which
Kakori Conspiracy Case. He left his widow and
were revolutionary at that time, inspired people to
daughter behind him. It was veiy difficult for the
fight for freedom. While supporting the freedom
widow to bring up her daughter. However, when she
struggle, he emphasized that freedom wouldn’t be
grew up, no one was ready to marry her as she was
for one individual or for a few persons, but all people
the daughter of a revolutionary. The police also
of the country will be benefited by it.
harassed those young men who expressed their desire
to marry her. Ganesh Shankar Vidyarthi, the eminent 4. Naya Jeevan Bhag 1 Supplementary Reader for
nationalist leader and journalist, came forward to Class VI
help the widow and her daughter and took all the
Story: ‘Ek Phool’
risks. At the end the girl was married to a youth with
Vidyarthi playing the role of the father of the bride. It is a story about a revolutionary freedom fighter
and his daughter. The story shows how freedom
Lesson 19 ‘Jhansi Ki Rani’ fighters have sacrificed everything including their
This is a famous poem by Subhadra Kumari family life for the freedom of the country.
Chauhan.
5. Naya Jeevan Bhag 2 Supplementary Reader for
2. Class VII Saras Bharti Bhag 2 Class VII
Lesson: ‘Gandhiji Ke Jail-Jeevan Ke Prerak Prasang’ Story: ‘Sir ki upadhi Lauta di’
These are incidents narrated by Shatikar Lai This is an account of the incident when Rabindra
Banker about Mahatma Gandhi’s stay in Jail. His Nath Tagore renounced his knighthood in protest
relationship with a warden of the Jail and with the against the Jallianwala Bagh massacre. A part of the
Jailer are based on his belief in truth and right action. text o f the letter addressed to the Viceroy is
Gandhiji wouldn’t do anything which went against reproduced.
his principles and conscience.
Lesson 3: ‘Smrityon ke Panne Sey’
Wesson: ‘Chandrashekar Azad’ It is a biography of the renowned poet and freedom
The lesson written by the veteran revolutionary fighter Subramania Bharati, which has been written
Manmathnath Gupta presents the life history of the by the poet’s daughter. She writes about his sacrifices
revolutionary leader Chandrashekhar Azad. It reflects for the sake of the freedom of the country as well as
his total dedication to the freedom of the people of about his poetry which was inspired by the freedom
166 FUNDAMENTAL DUTIES OF CITIZENNS

struggle. The poem ‘Bharat Samudayam’, which people feel shy of hanging calendars with picture.es of
states that the country belongs to all people, has been political leaders as they will be considered supportters
quoted in the lesson. She refers to her father’s belief of the people who have a negative image in the socidefy.
in the equality of all religions, his opposition to the 3. Class IX. Swati Bhag 1
caste system, child marriage, and his advocacy of
Lesson: ‘Virvarta’
women’s emancipation and women’s education.
The poem contains the message of Mahattma
Lesson 9: ‘Khilafat Andolan’ Gandhi and other freedom fighters. It is a w ery
It is a lesson on an incident during the Khilafat inspiring poem for students to develop values relaated
Movement. A fter the session o f the Khilafat to freedom amd liberty.
Committee in July 1921 at Karachi, many leaders
Lesson: ‘Gandhiji Ke Janmdivas par’
were arrested and tried in the Karachi Conspiracy
Case. The lesson presents an interesting episode from The poem conveys the message of Mahattma
the trial of the Ali Brothers, Dr Kitchlew and the Gandhi that one should always fight against injusstice
Shankaracharya of Sharada Peeth. It brings out the and for truth and peace. He urges that one shoould
frearlessness of the leaders of the freedom struggle not be afraid of opposition and even if one’s life ids in
and their defiance of the colonial government. danger one should continue fighting for the riight
cause.
Stage: Secondary
4. Class IX. Mansi Bhag 2
I. Curriculum and Syllabus
Lesson: ‘Mera Bachpan’
While stress is laid on promoting an understanding
This is a story about an incident which took pHace
of different of forms of literature at this stage, the
in the childhood of the writer Phaneshvamath ‘Reenu’
values of equality, democracy and secularism are
who was a freedom fighter. In the story he descrilbes
mentioned among the obejctives. The guidelines
an event when people of his town went on strikce to
include the common core components, including the
protest against the arrest of Mahatma Gandhi.. He
history of the freedom movement as themes for
was then a student of Class IV. He along with otther
selection of subject-matter.
students went on strike in the school. TThe
n. Textbook Headmaster of the school was very angry and wamted
to punish the students who went on strike. Thiose
1. Class IX. Parag Bhag 1
students who offered an apology were to be spaired.
Lesson: 'Satya aur Ahimsa’ When Renu did not apologise, the Headmaster stairted
This is an article by Mahatma Gandhi on the values caning him. But the child bravely received the
of truth and non- violence. punishment. The students of the school were inspMred
by the bravery of the student and started raising* the
Lesson 10: ‘Sardar Vallabhbhai Patel’
slogan “Vande Mataram’. The Headmaster sensing the
It is a biography of Sardar Patel. His entry into feelings of all the students stopped caning Renu. ’ The
politics, his concern for the exploited farmers who story inspires love for freedom.
were forced to perform begar and his methods of
Satyagraha have been highlighted. Sacrifices made Conclusion
by him in the freedom struggle also find a place in
The analysis of history and language (Hindi) curritcula
the biography. and textbooks shows that there is adequate coveirage
ii. Class X. Parag Bhag 2 of the sub-clause 51A (b). While the histtory
curriculum at all stages, and in much detail at: the
Lesson: ‘Calendar Kalakar’ Upper Primary stage, provides a comprehemsive
In this stoiy, where a man remembers the days account of the history of the freedom struggle and
when hanging calendars with pictures of freedom lays the necessary emphasis on the basic vallues
fighters was considered an honour. The values and which it enshrined, the Hindi curriculum provides
ideals propogated and followed by leaders like ample complementary material in the form of poems,
Gandhiji, Tilak, Nehru, Patel, Subhas, Rajendra stories, essays, biographies and accounts of rrnany
Pabu, Maulana Azad, Bhagat Singh, etc. were episodes which sensitize the students on the vailues
inspected by all people. The author says that now and ideals of the freedom struggle.
3
Article 51A (c)
Article 51A (d)

Artticle 5 1A (c) To uphold and protect the sovereignty, unity and integrity of India
Artticle 51A (d) To defend the country and render national service when called upon to do so;...

Theese two clauses of Article 51A are closely inter­ Studies (Social Studies) is to enable students to
related and may be seen together. Both clauses relate understand life of the people and the factors
to tthe freedom, independence, unity and integrity of influencing it. It includes the story of freedom
thee country and the duty of every citizen to uphold, struggle, the symbols of freedom and unity of the
prcotect and defend them and to render national country.
serrvice when called upon to do so. The stress is on
def fending and protecting the country is freedom, I. Curriculum and Syllabus
indiependence, unity and integrity from external A. The statement of Objectives inlcudes the following:
darngers and also from internal factors which may — The pupil values the freedom of the country
thrreaten to weaken them. To uphold, protect and
deffend unity and integrity of the country may be B. The Content outline includes the history
thrrough active service and through any other activity of the freedom movement and the National
whiich will strengthen these ideals. Rendering of Symbols.
nattional service by citizens is essential in various
kimds of emergency situations. n. Textbooks
TThe educational implications of the two clauses (a) Textbooks for Classes 111, IV and V
ares to promote a clear understanding of the concepts The textbooks describe the life of the people in
bf ^sovereignty, unity and integrity of the country and different regions of India, their ways of living and
theeir interconnections, and of the defence of the culture, the National Symbols and the freedom
coiuntry as well as the inculcation of the values of movement.
fretedom and unity of the country. Education should
alsso promote the knowledge and understanding of Civics
th e various challenges to sovereignty, unity and
The main objective of teaching of Civics at school
integrity and prepare learners to play their role in
stage is to help create informed and responsible
me;eting them.
citizenship. Various issues relating to the sovereignty,
ii ^While the contents relating to the freedom struggle unity and integrty of the country and the defence of
promote the value of the love for country’s freedom the country are an integral part of the Civics
amd of making sacrifices in the cause of freedom, curriculum.
ptther components of the curriculum promote
awrareness of the concepts of sovereignty, unity and Stage: Upper Primary Stage
intcegrity, the challenges faced by the country and I Curriculum and Syllabus
thee role of citizens in various situations in meeting A. The Objectives include the following:
those challenges.
(1) To promote among students the feeling of
Emvironmental Studies (Social Studies) oneness with the people and their
institutions
Stage: Primary Stage (2) To promote a feeling of Indianness among the
T h e objective of teaching Environmental students.
168 FUNDAMENTAL DUTIES OF CITIZENS

B. The Content outline includes the following: explains the organization, structure and functlions
Our National Goals - National integration of the armed forces like the Army, the Navy and! the
Air Force. The unit also contains information atbout
Our armed forces, their role in times of peace
Territorial army, NCC, Boarder Security Force and
and war
the Coast Guard. It has also been explained how
Second line of Defence: Territorial Army, Border defence forces provide useful services in nattural
Security Force, calamities like floods and earthquakes. The Inidian
NCC and ACC army’s role in assisting peace keeping activitiees of
The citizen and defence the United Nations has also been described.
The content of the unit points out the rolle of
n Textbooks
citizens in helping the defence forces during war.. The
1. Class VII — ‘How We Govern Ourselves’ importance of citizens undertaking training in first
Chapter 2 of the book deals with the ideals of our aid, civil defence, etc. is emphasized. Citizens’ role
country. In this context a reference is made to the in checking and preventing anti-social activities* like
Preamble to the Constitution and the concept of black marketing, hoarding and profiteering is also
‘sovereignty’. The textbook explains the concept of emphasized.
sovereignty in a simple way. The book includes a chapter on Fundamental
Chapter 3 explains main features of the Rights and Directive Principles. In the concluding
Constitution of India. In an indirect way, unity and section of the chapter, Fundamental Dutie:s as
integrity of the country are discussed. The federal enshrined in the Constitution have also been stated.
structure of the country, the role of the Union To defend the country and render national se;rvice
Government and the unified judicial system in the has been mentioned as one of the Fundamental
country are also described. Duties.
The idea of unity of the country is also referred to
in the explanation of the concept of citizenship as Stage: Secondary Stage
given in the Constitution. It has been stated that all
Textbook
citizens of the country have the same Fundamental
Rights. The text also explains the meaning of Class IX-X. India: Constitution and Government.
citizenship. A person living in any state is a citizen of The course content of civics given in the curriculum
the country. The Fundamental Rights also underline and the textbook covers more or less the same area
the unity of all the citizens living in the country. This as that for the Upper Primary stage. It is, however,
concept has been further reinforced in the chapter presented in greater detail and depth. For instance,
on citizenship. A sketch has been given on page the concepts of Sovereignty, Indian federalism with
47 where citizens from different walks of life have a unitary spirit, and challenges before Indian society
been shown with the caption ‘We are all citizens of have been discussed in detail emphasizing the need
India’. for national unity and integrity.
In the chapter ‘Our National Symbols’, it has been Chapter 14 of the textbook deals with the foreign
emphasized that India is an independent country and policy of India and her role in the United Nations.
that there is a long tradition of unity. It has been While describing India’s relations with Pakistan and
mentioned that the national symbols were not only China, reference has been made to the wars that took
the symbols of unity and identity but also of freedom place between India and these countries. India had
and sovereignty. It has been stated emphatically that to fight these wars to protect her sovereignty and
any disrespect shown to any one of the symbols integrity.
constitutes disrespect to the nation.

5. Class VIII. Our Country Today


History
Part V of the book deeds with the defence of the The course content of class VIII and of class X
country. In the beginning it has been stated that in history includes the theme of India’s national
defending the country against any foreign aggression movement. It includes topics from the early
is one of the primary functions of the government. revolts and Revolt of 1857, emergence of Indian
The defence forces of the country discharge the nationalism, birth of the Congress to India’s
function of defending the country. The unit then attainment of freedom.
f FUNDAMENTAL DUTIES AND VALUE ORIENTATION IN NCERT CURRICULUM AND TEXTBOOKS 169

IThe details of the course content have been forces of the country. It has been stated that the
ine;ntioned in connection with the analysis of responsibility of the defence and security of the
currricula in the context of Article 51 A (b). country lies on the armed forces of the country. Indian ■
soldiers are acclaimed for their bravery and discipline.
Teaxtbooks: Classes VIII and X
Thte textbook for class VIII entitled Modern India Stage: Upper Primary
inchludes detailed account of the history of the freedom
I Curriculum and Syllabus
strvuggle. The textbook for class X also includes the
stoniy of the freedom struggle. Both these textbooks Promoting knowledge and understanding of
seeek to inculcate love for freedom of the country. The national goals through the teaching of mother tongue
uniity of the people as an essential factor for the is one of the objectives.
sucecess of the freedom struggle is emphasized.
II Textbooks
Hindi Language 1. Class VI. Saras Bharti Bhag 1
Lesson: ‘Ek Hamara Uncha Jhanda, Ek Hamara
Staige: Primary Stage Desh’
I Curriculum and Syllabus The poem indicates that many people have
sacrificed their lives to keep the honour of the
TThe thematic content recommended has the
National Flag. The poem also expresses the resolve
objective of inculcating desirable attitudes of, among
of the people to preserve its honour and also
othiers, unity and oneness among the people.
emphasizes the unity of the country with its title
II TTeztbook ‘Ek Hamara Uncha Jhanda, Ek Hamara Desh’.
1. (Class II. Bal Bharti Bhag 2 2. Class VII. ‘Saras Bharti’ Bhag 2
Lesson: ‘Pyara Bharat’
Lesson: 'Chandrasekhar Azad’
TThe poem mentions the beauty of the Himalayas
It is a biography of the revolutionary freedom
ancd of the rivers Ganga and Yamuna. It also mentions
fighter Chandrashekhar Azad. It depicts his bravery
graen fields, mango groves and singing koel The poem
and intense desire to get freedom from the British
urges students not to forget that we have eaten the
rule. His sacrifice for the sake of freedom of the
graiin grown here, have drunk the water of this
country inspires people to protect the sovereignty of
country and have inhaled the air of this land. The
the country.
poem inculcates a sense of loyalty to the country.
3. Naya Jeevan Bhag 2 (Supplementary Reader for
2. (Class III. Bal Bharti Bhag 3
Class VII)
Lesson: ‘Desh Hamara’
Lesson: ‘Sir ki Upadhi Lota di’
The poem describes the beautiful mountains,
rivters, springs, seasons, crops, flowers and birds. The Rabindra Nath Tagore in his letter renouncing his
description seeks to create love for the country. expresses his sense of outrage and deep anguish on
the humiliating treatment of the Indians at the hands
Lesson: ‘Badhe Chalo’ of the foreign rulers.
The poem inspires students to keep on marching
Lesson: ‘Khilafat Movement’
forward against all odds to keep the flag of the country
always flying. The lesson narrates a scene o f the trial of
the leaders of the Khilafat Movement. It inspires their
3. Class IV. Bal Bharti Bhag 4
love of freedom and faith in the unity of the people.
Lesson: ‘Hamara Rashtriya Jhanda’
The lesson on the significance of the National Flag Conclusion
has been presented in dialogue form. There is adequate material in History and Civics
which explains the concepts relating to sovereignty,
Bal Bharti Bhag 5 unity and integrity of the country and inculcates the
Lesson: ‘Rashtra Prahri’ values which are integral to upholding and protecting
The lesson contains information about the armed them. The promotion of the value of unity and of
170 FUNDAMENTAL DUTIES OF CITIZEISMSS

aversion to forces that negate unity has been given independence and integrity. The role of Defeernce
particular importance. The materials in Hindi Forces and the responsibilities of citizens for tthe
language through poems, stories, narratives, etc. also defence of the country is brought out in the Ciiv/ics
promote feelings of love for the country, its curriculum and textbooks.
4
Article 51A (e)
Article 51A (f)

Artiticle 5 1A (e) to promote harmony and the spirit of common brotherhood amongst all the people of
Inddia transcending religious linguistic and regional or sectional diversities, to renounce practices
derirogatory to the dignity of women,

Artiticle 51 A (f) to value and preserve the rich Environmental Studies (Social Studies)
herritage of our composite culture;...
Stage: Primary Stage
Theese two clauses are closely related to the basic
prinnciples and ideals enshrined in the Constitution The curriculum and textbooks at this stage introduce
expDressed in the Preamble as well as in other parts pupils to the ways of living, religious beliefs,
of thhe Constitution, particularly Fundamental Rights, languages, cultural patterns and customs of the
andd to the characteristic features of Indian culture people of India in different parts of the country. The
maarked by variety and diversity and of Indian variety and diversity is presented as providing
nationhood. These clauses require that the school richness to the life of the Indian people and as a
currriculum should help promote (a) an understanding source of pride.
thatit the people of India are composed of many diverse
ethnnic, cultural, religious and linguistic groups, (b) I Curriculum and Syllabus
an appreciation of this diversity as the essential A. Objectives as stated include:
conqdition for promoting harmony and the spirit of
— The pupils appreciate cultured and ethnic
coimmon brotherhood amongst all the people of India,
similarities and differences and diversities
(c) kknowledge of the status of women in Indian society
and the contributions made by Indians
andd the understanding that every practice which is
belonging to different regions, races and
dercogatory to the dignity of women is repugnant to
languages.
any/ civilized society and is to be rejected, (d) the
knoowledge, understanding and appreciation of the — The pupils develop norms and behaviours
cormposite nature of Indian culture, and (e) an consistent with values like respect for others’
undderstanding that views which seek to attribute a religions and ways of life and concern for
rigidd monolithic uniformity to Indian culture or others.
pressent Indian culture as something static or the — The pupils understand India’s rich cultural
e x c lu s iv e creation o f any particular region, heritage which is essentially a result of the
cormmunity or period of history are inimical to the mixture of many groups and peoples
objeective of promoting harmony and the spirit of
coimmon brotherhood amongst all the people of India. B. The Content outline includes
TThe curriculum and textbooks prepared by NCERT Class I - Identification of houses of worship -
in vrarious subjects seek to meet these requirements. Temple, Mosque, Church, Gurudwara in the
As tthe two clauses Eire inter-related, their coverage neighbourhood.
in tthe curriculum and textbooks has been dealt with Class III - Monuments of the State and monuments
togeether. of national importance.
172 FUNDAMENTAL DUTIES OF CITIZEN'IS

Festivals of the State and of other parts of the to provide knowledge about the relationship of pecople
country. with their civic institutions and also to devfelop
Music and dances of the State understanding of the concepts related to civic life,,
civic administration. Constitution and functionimg of
The language(s) spoken in the State
the government.
Class IV - Commonality and variety in our languages,
festivals, dances, music, arts, architecture, Stage: Upper Primary Stage
contribution of various peoples and religions in
I Curriculum and Syllabus
enriching these aspects.
A. Objectives as stated include:
Our National Symbols,
(i) To promote among students the feelinig of
n. Textbooks Indianness
1. Class III We and Our Country (ii) To promote among students the feelinig of
oneness with the people and tlheir
Unit II ‘Our Country India’ presents a general
institutions.
introduction to India - its physical features, States
and Union Territories, its food, dress, festivals, (iii) To inculcate in the students the valuie of
occupations of the people etc. showing the variety in national integration
all these aspects. Yet all of these belong to India and B. Content outline includes
each of them is Indian.
Class VII
2. Class IV Our Country India (i) Some basic values enshrined in the
The whole book deals with India, its physical features, Constitution
natural resources, transport and communication and (ii) Indian Citizenship
cultural aspects. Unit IV of the book describes life of
(iii) National Symbols
the people in different regions and States of the
country. It explains the variety of ways in people’s Class VIII
living - their food habits, occupations, dress, houses, (i) Our National Goals
festivals, etc. Unit V of the book describes the
(ii) National Integration
languages spoken by the people of India, dresses worn
by them, their dance, music, paintings and Concept of National Integration.
architecture. It also highlights the ideas and Forces hampering and promoting National U nity.
achievements of some of our social reformers and
rulers of the past. The last unit of the book describes n. Textbooks
the features of the Constitution. It also includes 1. Class VII. How We Govern Ourselves
description of the national symbols as symbols of
The textbook includes content related to* the
oneness and unity of the people.
formation of the government and its functions.
3. Class V Our Country and the World Chapter 2 of the textbook deals with the ideals o f the
Constitution. It includes the Preamble to our
The last unit of the book describes briefly the
Constitution which mentions the resolve of the people
freedom struggle of the people. The efforts and
to secure, among others, fraternity, unity and
sacrifices of the people from all regions, of all
integrity of the nation. While describing the concept
fcommunities and of all sections of society, including
of secular state, the book mentions that “In India,
women, to attain freedom have been highlighted every citizen, whether he is a Hindu, a Muslim, a
in the unit. The description shows the unity of the Sikh or a Christian has a right to practise his religion.
purpose in achieving the objective of freedom of the Every religion has the freedom to grow and prosper
country.
in India” . In chapter 4 while describing the
Fundamental Rights, emphasis has been laid on the
Civics
oneness of the people of the country. No man should
The course content of Civics at upper primary and be discriminated against or get any privilege on the
secondary levels include themes related to civic life, basis of religion, caste or sex. Again while discussing
features of the Constitution and functioning of the the concept of Indian citizenship in chapter 11 it has
government, etc. The main objective of the course is been highlighted that all Indians have single
FFUNDAMENTAL DUTIES AND VALUE ORIENTATION IN NCERT CURRICULUM AND TEXTBOOKS 173

citiazenship throughout the country. A graphic condition of women but many more efforts are
pressentation emphasizing the oneness of all citizens needed.
has, also been included in this chapter. In the last
chaapter of the book, National symbols which Stage: Secondary School Stage
are; symbols of unity of the people have been I Curriculum and Syllabus
desccribed.
A. Objectives as stated include:
2. CClass VIII. Our Country Today — Problems and To develop an understanding of and respect for
Choallenges different ways of life followed by various people of
The; textbook highlights the political, economic and the country and to inculcate in young students a
sociial problems faced by the people and describes sense of national unity.
the tefforts of the people to solve them. In part I of the B. Content outline includes the following:
boojk, the national goals have been included to (i) India, a land of diverse and composite
reimforce their significance. National integration has cultures, languages and literature, of
beein specifically included as one of the goals and customs and traditions, food and dress, art
one; entire chapter (chapter 12) has been devoted to and architecture, music and dance.
the :problems of national integration. The concept has (ii) National Integration, the need for it. Features
beein explained as feeling of oneness among the people promoting it.
irrespective of their caste, religion, region and
(iii) Factors hampering national integration —
language. It has been stated that the feeling of
Communalism, Regionalism, Casteism,
natiional integration is the foundation of prosperity
problems of Scheduled Castes, etc.
andi strength of the nation. Further elaborating the
comcept, it has been pointed out that India is a vast (iv) Status of Women
comntry with a variety of traditions, languages, castes, n. Textbook
reliigions, etc. Thus the basis of the national
Class X. India — Constitution and Government
integration in our country is its unity in diversity.
The; chapter points out that communalism, linguism, The textbook discusses, among other topics, the
cassteism, regionalism , etc, hamper national Constitution of our country, its framing, and
inteegration. On the other hand, abiding by the functioning of the government and challenges before
Comstitutional provisions will promote national Indian democracy. The ideals o f governm ent
integration. The content of the chapter highlights discussed in earlier classes have been dealt with in
the; role o f econom ic developm ent and greater detail. The nature and structure of
regiional interdependence in creating a sense of government have also been dealt with in depth. The
one;ness. Fundamental Rights of the citizens, the Directive
Principles of State Policy, the structure of judiciary
Chapter 6 of the book deals with the social
and the Fundamental Duties of the citizens have been
prolblems of the country. The chapter includes a
discussed in detail. The content related to all these
^iisfcussion on the position of women. It draws
aspects is to inspire students to develop a sense of
attention to the many disadvantages which women
commitment to the fundamental unity of the people
stilll suffer from in the society. There are frequent
dowry deaths and the bane of dowry is still with us. of the country.
fevem the abhorrent practice of Sati has not completely Chapter 12 of the book titled ‘Our Nation and
d isap p eared and fem ale infanticide is still Society’ describes the salient features of our society
prewalent. Child marriage and purdah system still and history. It explains the diversities found in our
exisst. Women are still neglected and have not yet society and culture and highlights the concept of
acqmired a position of equality in social, political, unity in diversity. The chapter points out that since
ecomomic and educational spheres. However, many independence all efforts for socio-econom ic
steps have been taken to raise the status of women. development reflect unity of purpose of the nation as
£>oime laws which have been passed have helped a whole.
raise their status. Bigamy among the Hindus has The chapter further explains the circumstances
bee;n prohibited. Girls can inherit the property of and factors that led to the rise and growth of
father. Dowry has been made illegal. Exploitation of nationalism. A brief account of national movement
women in any form has been banned. Many efforts has also been included, with an emphasis on the
hawe been and are being made to improve the unity of the people.
174 FUNDAMENTAL DUTIES OF CITIZEN.VS

The chapter further reiterates the ideals before the and Architecture — Literature — Bhakti; and
nation viz. democracy, political, social and economic Sufi movements.
equality and secularism, reinforcing the unity of (iii) India under the Mughals
purpose and need for united efforts to achieve the
Society, D evelopm ent of art, literatLure,
ideals.
architecture
Chapter 13 deals with challenges before Indian
Class VIII — Modern India
democracy. In earlier classes, these challenges were
discussed but the discussion here is more analytical. The impact of British rule on Indian society ; and
Challenges like communalism, regionalism, casteism economy - Education
and untouchability, inequality of women, inequality Social and Religious reform movements - Cultiural
between the rich and the poor, poverty, awakening - Literature, arts and science.
unemployment and population problem, etc. have
been discussed in greater detail. The message n. Textbooks
conveyed to the students is that people should face Three textbooks, one each for classes VI, VII and' VIII
these challenges which are divisive in nature and cover the course of history at the upper primary stxage.
should strengthen the forces of unity. The textbook for class VI covers the period of ancnent
Indian history, the textbook for class VII cowers
History medieval Indian history and the textbook for cilass
VIII covers modern Indian history.
The curriculum in History covers Indian history at
In all the three books, emphasis is laidl on
the upper primary stage and a few components of
explaining the development of social and cultiural
modern Indian history along with world history at
aspects along with political developments. The sttudy
the secondary school stage. At both the stages stress
of history is not confined to the history of kings and
has been laid on the development of culture.
queens but it covers the history of ordinary petople
Stage: Upper Primary Stage also. The study includes the progress made in the
areas of art, architecture, literature, and sciein^e.
I. Curriculum and Syllabus
These textbooks highlight the contribution of different
A. Objectives as stated include: regions of the country and of the people who originally
(i) To develop an appreciation of the growth of came from outside India. The content of the textbooks
culture in different parts of the country lays emphasis on the compositeness of In d ia’s
(ii) To develop a critical appreciation of the culture. The presentation emphasizes that the
past so that the pupil’s personality is free diversity in culture is a great source of richness and
from irrational prejudices and bigotry, unity in the country. Effort has been made through
parochialism and communalism and is the presentation of content in the textbooks to achieve
imbued with a scientific and forward looking the objective of freeing students’ mind from prejudices
outlook. and bigotry. The books do not reflect any regional
(iii) To deepen knowledge about and under­ and communal biases which were found in many
standing of India’s freedom struggle and the history textbooks written in the past and which had
values and ideals that it represented. fostered divisive forces and ideas.
The books highlight the unifying trends in all the
Content outline includes: periods. For instance, Buddhism and Jainism,
Cultural Developments in India Ashoka’s gospel of love, Akbar’s policy of Sulh-kul,
Class VI prehistoric culture — The Harappan Bhakti and Sufi movements and many other efforts
culture, New cultural patterns in India (1500BC- of people for unity in the country have been
600BC) - India during 200 BC - 300 AD - India highlighted.
from 300 AD to 800 AD While describing the growth of art, literature,
Class VII architecture, music, painting, etc. blending of various
trends and styles in each period of history has been
(i) India- from 800 AD to 1200 AD.
emphasised. The blending was very profound during
Society, Religion — Languages and literature the medieval period. Class VII textbook which deals
— New arts with medieval period of Indian history aptly brings
(ii) India — Early thirteenth century to sixteenth out the growth of a common culture. For instance,
century — Developments in culture — Art while describing religion during the Sultanat period,
FUNDAM ENTAL DUTIES AND VALUE ORIENTATION IN NCERT CURRICULUM AND TEXTBOOKS 175

it hias been mentioned that coming of Islam to India (iii) To enrich the understanding of those aspects
resiulted in many things. One of the more interesting of Indian historical development which are
thinigs was the borrowing of religious ideas by Hindus crucial to an understanding of contemporary
and! Muslims from each other. This in turn led to two India.
religious trends becoming very popular. One was the B. Content outline includes:
Sufii movement and the other came to be called the
(i) Civilizations and cultures of prehistoric,
Bhakti movement. Similarly, while describing the
ancient, medieval and modem world.
language and literature during the period, the birth
of ai new language viz. Urdu has been mentioned. (ii) Cultural Heritage of India
A bou t the growth of architecture, it has been (iii) Indian Awakening
mentioned that the Turks and the Afghans brought (iv) India’s Struggle for freedom
with them new styles and techniques of architecture
fronn Persia and Central Asia. These were merged with n. Textbooks
olde;r Indian styles and a new type of architecture The Story o j Civilization has been presented in two
took shape. The book further explains the blending volumes. The textbooks trace the growth of civilization
in painting and music. The blending of Indian cultural from prehistoric age to the modern world. Emphasis
aspects with Persian and Central Asian cultural styles has been laid on the study of efforts and endeavours
furtlher strengthened during the Mughal period and of people to improve the conditions of living in all
reached its height in richness and beauty. The book regions of the world in different ages. In the process
explains the achievements in art, architecture, the conflicts and clashes among the people have also
literature, music, painting, etc. The variety in culturalbeen mentioned.
aspects is further manifested in provincial cultures
While tracing the growth of civilization, India’s
like those of Rajasthan, Bengal, Kashmir, Gujarat,
position in each period o f history has been
Jaumpur and the Deccan.
presented. India’s contribution to the growth of
Two important points need to be mentioned in this human civilization and influences of other cultures
context. In these textbooks, firstly, culture has not and civilizations on Indian civilization have also
been presented in terms of any particular religion. been highlighted. In this context, the rise of
The medieval culture has not been termed as Islamic various religions including Hinduism, Buddhism,
culture nor the ancient Indian culture has been Jainism, Judaism , C hristianity and Islam
shown as Hindu culture. Secondly, the description along with the main beliefs of each have been
9f cultural growth has not been confined to any discussed.
particular region — it covers all the regions of the
The second volume of the textbook includes three
country. Such treatment has been observed in all
chapters exclusively related to Indian history. Chapter
the three textbooks.
14 is on the Heritage of India. Chapter 15 deals with
Class VIII textbook on modern India deals with Indian Awakening and chapter 16 covers India’s
cultured awakening, growth of nationalism and the struggle for freedom.
freedom struggle. Cultural awakening restored self­
The chapter on the Heritage of India begins with
pride and confidence, nationalism developed a sense
the description of land and people of India. About
of unity in the country and the freedom movement
the people o f India, it states, “T hey are the
further strengthened the unity of the people.
descendants of groups of people belonging to almost
Stage: Secondary Stage all the ‘racial stocks’ of mankind and their admixtures
who made India their home”. After describing some
I. Curriculum and Syllabus
of the groups, the chapter states, "All these racial
A- Objectives as stated include: and ethnic groups have intermingled with one
(i) To prom ote an understanding o f the another and few of them can be recognized in their
fou ndations o f human civilization original form. Thus India has been a crucible of
and appreciation of the basic unity of various races and ethnic groups. They have all
mankind. contributed to the making of Indian history and
(ii) To develop an appreciation of the contribution culture”.
by various cultures to the total heritage of The chapter further introduces the chief features
mankind. of the growth and development of India’s culture
176 FUNDAMENTAL DUTIES OF CITIZENNS

during the ancient, medieval and modern periods of The content of Geography textbooks from classs VI
history. It lays emphasis on the contribution of the to X seeks to develop the understanding of jand
people of all regions of India. Subsequently, growth appreciation for the variety found in our countryy as-
of art and architecture, paintings, languages and well as the world. Such an understanding is expeccted
literature, music and dance in different periods has to develop a sense of unity among the people.
been described.
The chapter concludes with the remark: “Through Language (Hindi)
the long years, people living in India and those coming While analyzing the curriculum and textbookss in
to India intermingled with each other. They developed Hindi in the context of the Fundamental Dutties,
a rich and dynamic culture always ever-growing it has been found that the coverage of thermes
through its internal evolution and through contacts like patriotism and love for the country, culttural
with other cultures. Many streams of thought, belief heritage and the concept of unity in diversitty is
and expression originating elsewhere have mixed with significant.
the ever growing streams in India and coalesced to
form the ocean of Indian culture.... In its variety Stage: Primary Stage
Indian culture is one of the richest in the world. All Bal Bharti series for classes I to V include lesssons
the diverse streams have developed in this country like ‘Pyara Bharat’, ‘Badhe Chalo’, ‘Desh HamEara’,
and are Indian”. ‘Desh Prehri’, ‘Hamara Rashtriya Jhanda’, etc, wlhich
Chapter 15 o f the book deals with Indian depict patriotism and inspire students to love ttheir
Awakening. Initially it describes the economic and country. Lessons like ‘Dussehra-ka-Mela’, ‘Deep
social structure of the people of India. It points out Jalao’, ‘Holi’, Rakshabandhan, ‘Eid’, Chabbis Jamwari
various elements of stagnation and mentions the evil Ki Parade’, etc. describe festivals celebrated ini our
practices which had crept into the society. The country. Biographies of personalities like Ishiwar
chapter, after describing the impact of the British Chandra Vidyasagar, Sarojini Naidu, Jhansi Ki R^ani,
rule, highlights the contribution of Raja Rammohan Dr Rajendra Prasad and Baba Amte etc. or anecdlotes
ftoy, Ishwarchandra Vidyasagar, Dayanand Sarswati, from their life inspire students to inculcate vailues
Sir Syed Ahmad Khan and others. The chapter refers of love and service to the country and to fe:llow
to the rediscovery of the past and its role in giving beings. The contents of some other lessoms is
the people pride and confidence about themselves. indicated below.
The chapter also describes the growth of modern
Indian art and literature. Bal Bharti Bhag 4
Last chapter of the book deals with India’s struggle Lesson: ‘Shalimar and Nishat’
for independence. The content of the chapter
The lesson describes the beauty of the Shaliimar
recapitulates and reinforces the understanding
and Nishat gardens of Kashmir. The style of terrrace
fdready developed about India’s freedom struggle in
gardens introduced by the Mughals, water chanmels,
earlier classes. The brief description reiterates the
fountains and beds of flowers have been beautiifully
unity of purpose of all Indians irrespective of their
described in the lesson. The gardens of Kashmiir are
region, religion, caste, language, etc. to achieve the
an important cultural heritage of our country.
freedom of the country.
Lesson: Taj Mahal’
Geography The lesson describes the beautiful monument —
the Taj Mahal. The lesson explains the structure of
At the primary stage, Geography is included as a the building, its design and use of marble tin it,
component of integrated course of Environmental engravings done on its walls, its minarets and diome.
Studies (Social Studies). Students learn about the The lesson also describes the surroundings o»f the
physical features, climates, natural resources, building, the garden, the water channel in the garden
agriculture and industries of India. They also learn and fountains in it. The lesson aptly depicts the
about the cultural aspects of life in different parts of beauty and significance of the building which is a
the country. Courses of study at the upper primary very important part of our cultural heritage.
and secondary stages where Geography is taught as
a separate subject further deepen the understanding Lesson: ‘Ashvamegh Ka Ghorda’
of the variety in the life of the people. It is a drama from the famous epic ‘Ramayana’
FUNDAMENTAL DUTIES AND VALUE ORIENTATION IN NCERT CURRICULUM AND TEXTBOOKS 177

whl(ch is a part of our ancient literature arid of our is a part of Indian tradition and culture.
cultural heritage .
Lesson: Vir Abhimanyu’
Lesson: Tenaliraman’ The story has been taken from the ancient epic
Tenaliraman is a famous character of stories of Mahabharata which is an important part of our
^Tamil literature. Through the story students are ancient literature.
introduced to Tamil literature which is an important
fcart of our rich cultural heritage. Lesson: ‘Baba Amte’
The lesson is about the life of Baba Amte, a great
Lesson: ‘Kabir’ social activist. His service to the deprived and
It is a biography of saint Kabir. Kabir believed downtrodden and to lepers is exemplary. He also
in unity of God and had faith in the unity of struggled for national unity and peace. He gave the
mankind. The lesson lays emphasis on the unity of slogein of ‘Bharat Jodo’.
the people.
Stage: Upper Primary
Lesson: ‘Kabuliwala’
This is q. touching story of the relationship between I. Textbooks
& grown-up man and a child. This story by Saras Bharti Bhag 1
Rabindranath Tagore is a part of modern Indian
literature. Lessons like ‘Ek Hamara Uncha Jhanda, Ek
Hamara Desh’, ‘Senapati Tantya Tope’, ‘Ladki Ka Pita’,
Lesson: ‘Suman Ek Upvan Ka’ ‘Jhansi Ki Rani’, ‘Khuni Hastakshar’, to which a
In this poem children sing a song in which they reference has already been made, depict love for the
say that we all are born here, we get the same country, sacrifice to maintain unity and integrity of
sunshine and inhale the same air. The children the country and struggle for freedom. The contents
further say that they Eire also like the pearls of a of some other lessons are mentioned below.
necklace joined through a common thread. Lesson: ‘Ahimsa Ki Vijay’
The poem is a beautiful expression of unity of the It describes an anecdote from the life of emperor
people of our country. Ashoka. The anecdote inspires s t u d e n t s to imbibe
Lessons: ‘Sahsi Roopa' 'Sarojini Naidu, ‘Lali’ vEdues like non-violence, love and compassion for
fellow beings.
The lessons show the bravery and achievement of
yfomen. The lessons help correct the gender bias Lesson: ‘Gosrinagar Se Srinagar’
against women. The lesson describes the visit of a person from
Cochin in Kerala to Srinagar in Jammu and Kashmir.
Bal Bharti Bhag 5
The visitor, besides describing the scenic beauty of
Lesson: ‘Dilwara ke Mandir’ Kashmir, narrates an anecdote which shows the
The lesson describes the structure of the Jain freedom of religion in the country which is a basic
temples of Dilwara in Rajasthan. Marble has been feature of our secularism.
extensively used in the construction of the temples.
The lesson makes a mention of the fine sculptures Lesson: ‘Phool Walon Ki Ser’
and engravings in the marble. The description in the The lesson depicts respect for the religious
lesson reflects the richness of India’s culture. practices of Hindus and Muslims. It also shows the
liberalism of Mughal rulers and people who lived at
Wessons: ‘Jhansi Ki Rani,’ ‘Madam Curie’ that time. Its celebration in independent India
These lessons show the bravery and achievement expresses the same ideEds. The fair which is a peirt of
of women. The lessons are helpful in promoting a our cultural heritage is a symbol of unity and nationeil
proper image of women. integration in the country.
Lesson: ‘Kadamba ka Ped’ Lesson: ‘Sant Kavi Thiruvalluvar’
This p o e m is a b o u t Lord Krishna. It s h o w s love Students are introduced to the well-known suicient
b e tw e e n m o th e r Eind c h ild and p r e s e n t s e x a m p le s TEimil poet and ssiint. The lesson, besides describing
froir. th e love of child Krishna Eind his m o th e r w h ic h the incidents in the life of the poet, throws light on
i------------------------------ ---------------------------------------------------------- ------------- ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

178 FUNDAMENTAL DUTIES OF ClUZElWS

the richness of the poetry of Thiruvalluvar. His poetic deprived people and have compassion for them. The
tvorks are very rich and are a very important author says that if you are in search of God you wcould
contribution to the literary and cultural heritage of not find Him in houses of worship or in perfornning
the country. rituals. One can find Him only if one has sympathy
and compassion for the poor and the deprived!. To
Wesson: ‘Rahim Ke Dohey’
serve the deprived is to serve God.
Abdul Rahim Khan-i-khanan was a famous poet
of Hindi in Akbar’s court. The couplets of Rahim Lesson: ‘Wapsi’
included in the lesson lay emphasis on the values of The drama highlights the value of love for mankind.
humility and tolerance. The couplets also indicate The boundaries of countries cannot divide love aimong
how Rahim had understood the cultural nuances of human beings. The drama conveys the universal
the country. They provide good examples of the message of human brotherhood.
growth of a common culture during the medieval
Lesson: ‘Bhakti Padawali’
period.
This poem by Mira Bai introduces children to the
Lesson: ‘Bal Leela’ work of the great Bhakti poetess.
This poem by Surdas refers to an incident from
Lesson: Tamil Nadu Ki Yatra’
the childhood of Lord Krishna. The poem introduces
children to one of the most outstanding figures in The lesson is a travelogue and describes the scenic
our medieval literature. beauty of Tamil Nadu and life of the people liiving
there. Through the lesson students know aboutt the
Lesson: ‘Krishna Ki Chetaoni' culture of the people living in that part of the country.
The poem written by modern Hindi poet Ramdhari The knowledge will help children develop an
Singh Dinkar depicts the character of Lord Krishna. understanding of, and appreciation for, the variety
Besides conveying the message of human values the in Indian culture.
poem deals with the character of Lord Krishna who
Lesson: ‘Doha Ekadash’
has been and is an important influence on Indian
ethos and culture. The couplets by Kabir convey the message of
equality, brotherhood and humility. Kabiris couplets
Lesson: ‘Ashok Ka Shastr T y a g ’ are an important part of literary and cultured heritage
This is a drama based on the historical character of our country.
emperor Ashoka. The drama highlights renunciation
Lesson: ‘Sharnagat Ki Raksha’
of war by Ashoka for the sake of peace and non­
violence. The story is about a Muslim soldier of Allauddin
Khilji who takes refuge in the court of Raja Hamir of
Lesson: ‘Shilp Chikitsa Ke Parvatak Sresht’ Rajasthan. The Raja grants him security and later
This lesson is about the advancement achieved by on sacrifices his life to save his guest’s life and his
Indians in ancient times in the field of surgery. It own honour.
shows the richness of the cultural heritage of our
country. Textbook
Kishore Bharti Bhag 3
Saras Bharti Bhag 2
Lessons like ‘Jai, Jai Bharat’ ‘Rajendra Babu\ Vijay
Lesson: ‘Aur Bhi doon’, ‘Gandhi Ke Jeevan Ke
Bola’, which inspire love for the country and inculcate
frera k Parsang’ , ‘Chandra Shekhar Azad’ and
values of sacrifice have already been referred to. The
'Sharnagat Ki Raksha’ which are related to the
contents of a few other lessons eire given below:
struggle for freedom have already been referred to.
The contents of a few other lessons are given below: Lesson: ‘Aprajita’
Lesson: ‘Ladki’ The story expresses compassion for disabled
The story is against gender bias. It aims at raising persons. It also tells about the courage and bravery
the status of women. o f a woman’s fight against odds and to achieve
something against these odds. The story also seeks
Lesson: ‘Deenon Par Prem’ to raise the position of women by highlighting their
This is an essay exhorting the reader to love the fighting spirit.
FUNDAMENTAL DUTIES AND VALUE ORIENTATION IN NCERT CURRICULUM AND TEXTBOOKS 179

Lessson: ‘Marich-Badh’ presented in an abridged form and in a language


This poem introduces children to the great appropriate for the age group have been recom­
mecdieval poet Tulsidas. mended as supplementary books for classes VI and
VII respectively. The epics are important in promoting
Lessson: 'Ibrahim Gardi’ the understanding of the cultural heritage of our
TThe story is about the Afghan soldier Ibrahim Gardi countiy.
whco was commander-in-chief of the Maratha army
whiich fought against the forces of Ahmad Shah Stage: Secondary School Stage
Abdali. The story reflects Hindu-Muslim unity. NCERT guidelines and syllabi for the secondary
stage suggest a few themes for lessons in the
Lessson: ‘Kya Nirash Hoi Jai’
textbooks. The themes include the following:
This is an essay by the famous modern Hindi
1. Important components of Indian unity
writter Hazari Prasad Dwivedi. In the initial part of
the essay the author expresses his frustration and 2. India’s rich cultural heritage
anguish at the dishonesty and falsehood rampant in 3. Equality, democracy and secularism
Indiian society. However, the author feels that Indians
basically honour the values of honesty and selfless n. Textbooks
service. These values have become dormant these Parag 1 for class IX
days but one comes across many incidents and events
Lesson: ‘Bhed aur Bhediya’
Where common man exhibits these values in his/her
behaviour. The author refers to a few incidents from This is a satirical story highlighting corruption
his life. He is hopeful that people of our country will rampant in society. Emphasis has been laid on
res tore their faith in their old values and would love truth and honesty among the people and the
each other and act for the betterment of their fellow message of bringing equality has been conveyed.
beings. Lesson: ‘Mahabharat Ki Ek Sanjh’
Lesson: ‘Sudama Charit' This is a play based on the epic Mahabharata.
, The poem is based on the famous episode of Lord Lessons: ‘Swami Vivekananda’, ‘Main aur Mera desh’,
Krishna and his friend Sudama. The poem depicts ‘Bhartiya Sanskriti’, and Vishwa Mandir’ reflect the
love and friendship transcending differences in social main features of India’s tradition and culture. Respect
position. The poem is inspiring and conveys the for human values, love among the people, service to
message of human values. humanity, etc. have been the fundamentals of India’s
culture. Lesson, ‘Kushinara’ describes the
Lesson : ‘Amrita Sher Gill’
teachings of Lord Buddha. Lesson Vishwa Mandir’
This is a biography of the famous artist Amrita reflects the ideal of equality of mankind. The
Sher Gill. It tells about her contribution to the art of story ‘Sikka Badal Gaya’ depicts the sentiments
painting which made her a world famous artist. The and emotions of a woman who is forced to leave
lesson also conveys a message that women can her home and village during the partition of the
achieve ultimate heights in any field. country when values of human love had been
shattered.
Naya Jeevan Bhag 1
Supplementary Reader fo r Class VI Some of the above lessons explain the cultured
values of our country and some others lay emphasis
Lesson: ‘Bhavishya Ka Bhai’ on values of love and compassion.
This is a story of a poor woman working as a
domestic servant. She is not able to provide education Mansi Bhag 1fo r class IX- A textbook in Hindi as a
to her child who also works in the house. The second language
daughter of the owner of the house does not Prose section
understand the inequality. The story beautifully
Lesson: ‘Kashmiri Gujjar’
brings out the ailments of society — poverty and
inequality. The story ends with the hope that future The lesson describes a Kashmiri tribal community,
generations would do things to change the system. the Gujjars. It throws light on their life-style. It also
describes an incident when a Gujjar family informed
Supplementary Readers fo r Class VI and VII Indian forces about the incursion of Pakistani forces
The great epics Ramayana and Mahabharata into India.
FUNDAMENTAL DUTIES OF CITIZEN'IS

Lesson: ‘Bahu Ki Vida’ Sanchayika Bhag 2 —Supplementary Reader in Hlindi


This is a play which highlights the curse of dowry. as second language
A father who had refused to accept her daughter-in- The book has been divided into four parts. Pairt I
law as she had not brought enough dowry had to describes the history of Hindi literature. Parrt II
face the same problem when his daughter got includes our achievements in the past in the fieelds
married. The drama conveys the message of fighting of science, literature and architecture. Part III deeals
against the evil practice of dowry which has lowered with our folk traditions and Part IV highlights the
the position of women in the society. compositeness of our culture. This section also
includes the description of our festivals. The enitire
Poetry Section book introduces students to our cultural heritage high­
A selection of the couplets of Kabir criticising the lighting its main characteristic, i.e. its compositemess.
ritualistic aspects of the religion of Hindus and
Muslims and urging them to adopt the true spirit of Conclusions and Suggestions
religion. The curriculum and textbooks in different subjects
from Class I to X together present a comprehensive
Mansi Bhag 2 fo r class X - A textbook o f Hindi as
view of India’s cultural heritage. Its composite nature
second language.
has been appropriately highlighted. The process of
Prose Section the growth of a composite culture has been suitably
presented.
Lesson: ‘Ibrahim Gardi’
There are lessons in Civics, Geography and also
The lesson depicts love for the country and the
in Hindi which draw the attention of the students to
determination to fight for a just cause. It also lays
the challenges faced by the country like the divisive
stress on the unity of the people irrespective of
forces of communalism, casteism , linguism ,
differences of religion.
regionalism, etc. The problems faced by women are
Lesson: ‘Subhan Khan’ highlighted and ideas of women’s equality are
This is a touching story of a Muslim mason who promoted.
believes in love for all human beings. He believes that The problem of national integration has been
his religion does not prohibit him from loving other specifically dealt with in Civics textbooks.
fellow beings. The story conveys a message of unity A number of lessons in the form of stories, essays
pf human beings and respect for all religions. and poems have been included in Hindi textbooks
Lesson: ‘Meri Antim Abhilasha’ which promote human values and a spirit of harmony
This is an extract from the will of Jawaharlal and human brotherhood.
Nehru in which he described his relationship with A special feature of history textbooks worth
the culture and heritage of India. His will conveys a mentioning is their objectivity. These books are free
message of pride in the cultural heritage of the from any regional, communal or casteist bias and
country. At the same time it urges the people to give provide a secular perspective to the study of India’s
up those traditions which divide humanity. past.
Article S1A (g)

Artticle 51A (g) to protect and improve the natural environment including forests, lakes, rivers, wild
lifie and to have compassion for living creatures;...

P ro tectio n o f the environm ent and need of and a set of feelings, concerns and motivation for
conservation of resources had started receiving wide actively participating in environmental protection and
attention since the end of the Second World War. improvement and to develop skills for identifying and
Indian Constitution makers were alive to these solving environmental problems.
emvironmental concerns. Article 48A of the Directive
Principles of State Policy of the Constitution states Environmental Studies
that The state shall endeavour to protect and improve
the environment and safeguard the forests and wild At the primary stage teaching of social studies and
life of the country'. science components have been woven round th »
environment of the child as Environmental Studies.
With passage of time it was globally perceived that
Efforts have been made mainly to develop an
ever increasing need and greed, rapid growth of
environmental awareness and sensitivity, values and
population coupled with fast industrialization and
attitudes related to environmental protection and
modern agricultural practices had disturbed the
need of proper care of plants and animals. The
ecological balance, and had been exterminating wild
content and activities are simple, based mainly
life.. We have been polluting the vital life supporting
around familiar objects and events and daily life
systems such as air, water and soil which belong to
experiences of the child.
the entire living world. Fast depletion and degradation
of precious resources that were essential for human Stage: Primary Stage
sustenance and progress were taking dangerous
Environmental Studies (Science)
proportions. It was universally accepted that the
environm ent could not be saved merely by I. Curriculum and Syllabus
governmental efforts. The environmental crisis could
only be averted by combined actions of the A. Objectives include the following:
governments, voluntary groups and individuals. The To promote in children proper attitudes, values
realization of a bigger role of the common people in and concern for maintenance and improvement of
protection and improvement of the environment is the environment.
reflected in the inclusion of clause (g) in the list of B. The Content outline includes the following:
Fundamental Duties of all citizens.
Class I. Natural features in the neighbourhood —
In view o f the above the introduction of rivers, hills, ponds, plains etc.
environm ental education in schools became
imperative so that every future citizen could do her/ Various types of plants and animals around us
his duty effectively. Harmful effects of indiscriminate killing of animals
The objectives of environmental education Eire to and plants
help pupils develop an awareness of and sensitivity Care of domestic animals and plants and their
to the environment and its problems, acquire basic protection from diseases
Knowledge and understanding of the environment. Water, its uses in daily life
182 FUNDAMENTAL DUTIES OF CITIZENS

Common sources of water — rivers, streams, Cattle wealth — programmes of improvement of caattle
tanks, wells, springs, etc. breeds.
Main causes of pollution of water, such as bathing,
washing, throwing garbage in the sources of water Class IV. Environmental Studies (Science)
Need to keep water clean at its sources Plants are important natural resources
Ways to keep water free from pollution Protection of plants from extreme heat, ccold,
continuous shade, pests and diseases
Use of natural resources
Protection of animals from diseases
Suggested Activities Domestic animals need shelter, clean drinkcing
Taking care of plants and animals around the water and grooming
house and the school Indiscriminate killing of animals and cutting of
Planting of saplings at home and school plants are harmful for environment
Stories about our wild life; tiger — our national Campaigns for protection of plants and animals
animal Conservation of forests and forest wealth
Stories of animals as friends of man National parks and sanctuaries
Class II. Natural surroundings; uses of rivers, hills, Afforestation programme in the locality
ponds, forests, etc. Causes of water pollution
Human dependence on plants W7ays of prevention of water pollution, water
Usefulness of animals purification
Causes of pollution of water Harnessing of alternative sources of energy
Different methods of preventing pollution of water C onservation of energy
Harmful effects of some human activities such as Class V. Environmental Studies (Social Studies)
deforestation, pollution of water sources, soil erosion,
etc. Sources of energy — coal, mineral, oil
Search for new sources of energy — water, air,
Suggested Activities sun.
Stories related to protection of wild life
Class V. Environmental Studies (Science)
Class III — Environmental Studies (Science)
Collection and disposal of wastes
Plants are natural resources; their care and
Animal and vegetable wastes as sources of energy
protection
(biogas, gobar gas)
Harmful effects of indiscriminate cutting of trees Soil as natural resource; soil erosion
and killing of animals
Soil conservation
Information about afforestation programmes
A ir pollution by smoke, automobile exhaust,
Stories about Project Tiger (national animal) and
dust, etc.
conservation of wild life;
Effects of air pollution
Home and its surroundings should be kept clean.
Prevention of air pollution
Class IV. Environmental Studies (Social Studies) A ll of us are responsible for keeping the
Natural resources of the country environment clean.
Soil — Conservation of soil Sun, ultimate source of energy
Kinds of forests and their distribution in the Conservation of energy
country, uses of forests Alternative sources of energy
Conservation of forests Depletion of nature and natural resources;
Wild life in forests, need of preservation of wild life disturbance of natural balance
Pollution of water — its effects, methods of keeping Judicious use of (non-renewable) resources,
water clean conservation of natural resources.
FFUNDAMENTAL DUTIES AND VALUE ORIENTATION IN NCERT CURRICULUM AND TEXTBOOKS 183

Sucggested Activity their values as important resources. It also iterates


(Observation of plants and animals and their habits the need for their protection and care.
in Ithe open field This is followed by a full illustrated chapter, ‘Care
and Protection of Plants and Animals’, deeding with
Experiments various needs of plants such as light, air, water,
Soil erosion by blowing air protection from pests and diseases as well as ill-
Soil erosion by sprinkling water effects of cutting of forests, protecting forests from
fire, and the good effects of planting trees. It also
n Textbooks deals with the importance of sanctuaries and National
There are no textbooks for Classes I and II Parks and their locations through a map.
Some of the subsequent chapters like ‘Safe Water
1. (Class III. Exploring Environment, Book I
and Sanitation and Diseases', ‘Soils and Crops and
TThe chapter ‘Plants and Animals Around Us’ Water’, ‘Force and Energy’, mainly deal with the man-
intiroducing the variety, habits and habitats of plants made environment, but also provide important
ancd animals, mentions that they are our natural information and messages about the natural
resources. It deals with caring and protecting them environment such as pollution of water, keeping the
ancd why we should not harrti them. environment clean, erosion of soil and importance of
'There is also one full illustrated chapter on garbage renewable-energy resources.
dis.posal and cleanliness of the environment. The chapter, ‘Force, Work and Energy’, refers to
2. (Class IV. Our Country India the alternative sources of energy such as wind energy,
solar energy and biogas. The last chapter, ‘Man,
Unit two, ‘Using Our Resources’ includes five
chcapters on natural resources of India. Science and Environment’ explains how man became
dominant over others through his understanding of
The chapter entitled, ‘Our Soils’, besides dealing nature and brought about changes in the natural
with the importance and variety of soils, explains environment. Fast growth o f population and
needs of soil conservation and different measures of indiscriminate agricultural, industrial as also war
prevention of soil erosion such as bunding, planting related activities should be curbed through good use
grasses, shrubs and trees. of human wisdom.
The chapter, ‘Our Forest and Wild Life’ explains
the importance of the forest and its products as well Science
as its wild life. It also mentions some unique wild life
of the country, their distribution and important At the upper primary and secondary stages attempts
sanctuaries as w ell as the significance of have been made to develop environmental awareness,
Vammahotsav and tree planting. knowledge and skills integrated with scientific
principles. In class VI, which is transitory between
The chapter ‘Our Water Resources’ explains how
primary and upper primary and where science has
the pollution of water resources can be avoided.
been introduced formally for the first time, the
The chapter ‘Our Mineral Wealth’ gives an account organization of content is somewhat similar to that
of the importance and distribution of mineral of the primary. In classes VII and VIII and also at the
resources and cautions against the depletion of secondary stage, however, teaching of science
mineral resources through over-use. principles becomes more prominent. More complex
Another chapter deals with the importance of ideas and their interrelations with the environment
domestic animals, fisheries and poultry, as well as are integrated with those principles.
their care and improvement.
Stage: Upper Primary Stage
The chapters have adequate illustrations and maps.
I. Curriculum and Syllabus
Suggested Activity
A. Objectives include the following:
To find out more about Chipko movement.
To acquaint students with basic concepts,
3. Class IV. Exploring the Environment, Book II principles, laws and theories of science that are
Chapter 2 ‘Uses of Plants and Animals’ gives relevant for understanding and interaction with
Illustrated accounts of useful plants, animals and the environment.
184 FUNDAMENTAL DUTIES OF CITIZEMNS

B. The class-wise content outline includes the structure.


following: The unit on ‘Air’ explains the importance of ai»ir as
Class VI. Variety of plant and animal life a part of the life supporting system as well asis its
(diversity), necessity of air for sustenance of life; different uses to man.
various uses of air to human beings. The unit on ‘Water’ discusses the water cycle e and
Water cycle in nature, uses of water in day to day its importance to life, pollution of water, conservaation
life, need of conservation of water. and harvesting of water.
Renewable and nom-renewable sources of energy, The next unit ‘Energy’ deals with fossil fuelsls as
solar energy, wind energy, energy from water; energy well as alternative sources of energy — solar ene.ergy,
from biomass. wind energy, energy from water, energy from biopgas,
Living and non living components o f the energy from biomass.
environm ent, interdependence, food and
Suggested Activity
energy relations, balance in nature essential for
survival, harmfulness of indiscriminate human Water wheel
interference. Wind vane (phirki)
The unit ‘Balance in Nature’, gives an illustrabated
Class VII. Noise and its hazards
account of interdependence of organisms — hunman
Renewable and non-renewable sources of energy; dependence on plants and animals, plants as 3 the
judicious uses of energy, water pollution, air source of food for all organisms; food chain ; and
pollution, acid rain, uses of various constituents decomposers, flow of energy, need of natural balaance.
of air. It also deals with the disturbances of natural balaance
Soil as important natural resource; soil erosion by human activities, different kinds of polluttion,
and conservation of soil, soil pollution. depletion of nature and natural resources, , air
Need for keeping animals; general needs and pollution, water pollution. It also mentions naoise
maintenance of domestic animals with special pollution and its effects as well as our duties tow^ards
reference to cattle, sheep, poultry, bee and fish the maintenance of the environment. It mentions) how
rearing. even creatures like snakes (mostly harmless)) are
important for the balance in nature.
Class VIII. Sources of energy, fossil fuels; hydro­
energy, bio-energy, wind energy as renewable sources 2. Class VII. Science — A textbook for Class VII
of energy; energy needs; development of alternative The chapter on ‘Sound’ deals with noise polluation
sources of energy; judicious use of energy. and its effects.
Roles of plants and animals in human life;harmful The chapter on ‘Energy’ discusses at length i the
and useful plants, plants of economic importance; different sources of energy, sun — the pereninial
useful animals; products from wild and domestic source and other non-renewable sources, fossil ffuels
animals. and their dwindling stock as well as desirabilifty of
Necessity of natural resources; materials from the the alternative sources of energy.
earth, energy from the sun for sustenance of life, man The chapter on ‘Water’ deals with the causees of
requiring more resources, various sources of water pollution and its harmful effects as welll as
resources, renewable and non-renewable resources, prevention of water pollution. It also menttions
depletion of resources and their causes; conservation treatm ent o f polluted w ater and the Gainga
of natural resources for human survival, conservation purification project.
effort at individual, community, governmental and The chapter on ‘Air’ explains harmful effects oof air
international level. pollution, modes of indoor pollution such as kitcihen,
stoves, smoking as well as atmospheric polluition
n Textbooks
through industrial and vehicular effusion of cairbon
1. Science — A Textbook for Class VI dioxide, carbon monoxide, oxides of nitrogen and
Unit seven entitled, The Living World’ gives a sulphur. It also mentions acid rain and its effectts on
general account of the variety of living forms (bio­ various built structures and monuments incluxding
diversity), their shapes, sizes, habits, habitats and the Taj Mahal.
FUNDAMENTAL DUTIES AND VALUE ORIENTATION IN NCERT CURRICULUM AND TEXTBOOKS 185

The chapter on ‘Soil’, discusses the importance of B. The Content outline includes the following:
soiil as a resource and its role in retaining water. It Manipulation of environment to overcome
alsio deals with the problem of soil erosion and some physical, biological and cultural needs.
preventive measures.
Regulation of environment; use and exploration of
Suggested. Activity needs, control and use of fire regulation at micro and
Erosion of soil by strong wind macro levels; advantages and disadvantages of
regulation
Erosion of soil by water
Sun as a source of energy, solar heaters, solar
3. Class VIII. Science — A textbook for class VIII cells
, Th e chapters ‘Agriculture: Practices and Wind — Wind mills; hydroelectricity generation,
Implements’ and ‘Useful Plants and Animals’, deal electricity from sea waves, bioenergy biomass,
mainly with cultivated plants and domesticated biomass as fuel, biogas.
animals generally with economic values. These two Nuclear energy — radiation hazards, energy crisis;
chapters discuss caring, protection and improvement causes and trends in energy consumption by
of plants and animals including cattle. individuals, industry and agriculture; depletion of
The chapter, ‘Conservation of Natural Resources’, known stocks of fossil fuels; inefficient use of energy;
deals extensively with natural resources — renewable population control; in du strialization and
and non-renewable, how some of the precious wild urbanization.
life has become extinct or is threatened due to Solutions for overcoming energy crisis; population
overexploitation as well as dependence of wild life on control; exploration of renewable sources of energy
|he biotic and abiotic factors of the environment, and emphasis on their use; reducing wastage of
thereby explaining the principle ‘Conserve all or none’. energy, use of energy efficient machines; judicious
It illustrates how renewable resources of forests as use of non-renewable sources of energy.
also ground water become exhausted due to over use.
It also deals with forest conservation, importance of Good health and control o f environmental
habitat conservation as well as the relation among pollution
various factors of forest conservation. This is followed Biosphere: sources of energy, food chain, food
by a discussion on various methods of conservation web, flow of energy
of non-renewable resources like recycling, Mineral cycles: carbon cycle, nitrogen cycle,
substitution, avoidance of waste of resources, repair - oxygen cycle, water cycle.
and-use economy, appropriate life style, bad effects Ecological balance: man’s role in disturbing the
of pollution. The effects of war are also mentioned in balance, efforts for maintenance of ecological
jhis context. balance.
Chapter, ‘Alternative Sources of Energy’, discusses
different sources of energy — sun the ultimate source Water : sea water as habitat of organisms
of energy, fuels and the finite stock of fossil fuels - Air: role of atmosphere in protection from radiation,
coals and petroleum products, increasing energy adverse effects of increased carbon dioxide, role of
consumption in India. This is followed by a discussion trees, release of carbon dioxide from burning of fossil
on alternative sources of energy, construction and fuels, damage to historical monuments and corrosion
use of solar cookers, heaters, dryers and a mention of metal.s from acidic gases; effect of metallic particles,
of solar cells, importance of biogas plants and their asbestos, etc., on living organism, effects of carbon
products. Uses of wind mills, nuclear energy as well monoxide, smoke, noise pollution, air pollution,
as various methods of conservation of energy have radioactivity.
also been discussed. Living resources; Renewable and non-renewable
resources, exploitation of resources, ecological crisis
Stage: Secondary Stage
due to deforestation, need for replenishment and
I. Curriculum and. Syllabus management of living resources, conservation and
A- Objectives include the following: monitoring of wild life parks, sanctuaries, wild life
To develop concern for a clean environment and conservation, legislative measures for protection of
preservation of ecosystem. living organisms.
186 FUNDAMENTAL DUTIES OF CITIZENS

Recycling of waste materials: biodegradable and house effect and alters the climate. It also deals ’With
hon-biodegradable waste m aterials and their the adverse effects of carbon dioxide, nitrous oxide,
recycling; preparation of compost, proper disposal sulphur dioxide released due to industrial activities
of radioactive wastes, harmful effects of exposure to on the air quality and the ozone layer, theireby
radio active waste; technique for proper storage of facilitating the entry of harmful radiation on the earth.
radio active wastes. It also mentions the importance of ocearns in
regulating the atmospheric temperature and soliuble
EE. Textbooks gases as well as providing various resources.
1. Class IX. Science — A textbook for Class IX Chapter 12, ‘Biosphere’ discusses the structure
Chapter 16, ‘Ways of Living:Birds\ deals with and function o f the biosphere, lithosphere,
variety of bird life (biodiversity) and their diverse hydrosphere as well as abiotic components o f the
habits as well as some techniques of study of birds. ecosystem such as air, water, soil, minerals and b'iotic
Chapter 20, ‘Human Beings’ , traces human components such as plants, animals, microbes and
evolution and uniqueness of human body and its their relationships expressed in food chains, food
effects on the development of human society and webs, decomposers and trophic level, salient features
technology. It particularly discusses some of the of energy flow including ecological pyramids. The
harmful effects of human ‘progress’ giving rise to cycles of minerals describe the carbon cycle, nitrogen
population problem, large scale exploitation of forests cycle and oxygen cycle.
and hills leading to the ecological disturbances, soil Chapter 13, ‘Man and His Environment’, mentions
erosion, floods and droughts, some irreversible effects of human progress on the abiotic component
change of climate and damage of the ozone layer by (life supporting systems) such as atmosphere, biotic
aerosols. It discusses how changes in the life style of or biological enviornment as also the sociocultural
human beings and developm ent o f newer environment.
environment friendly technology can help to overcome It also discusses the inter-relationship between
some of the problems. The chapter also discusses man and his environment of living resources, need
how social actions (like the Chipko movement) help of proper management and replenishment such as
to fight destruction and damage to the environment of forests, ground water and soil. Degradation of life
in the Himalayas or the Silent Valley in Kerala. supporting systems such as air and water pollution,
Chapter 21, ‘Science and Technology and Man’, depletion of ozone layer, bio concentration of
also makes a few points regarding the fast pesticides and impact of unplanned technological
development of technology eind its adverse effects on growth have been described. The chapter also
the environment. includes the need of environmental planning and
recycling of waste materials. It also mentions the
2. Class X. Science — A textbook for class X importance of environmental actions by groups and
Chapter 5, ‘Food Production’, mentions need for individuals.
Integrated land management and discusses control In the supplement to the Science textbook for
i)f floods a'nd soil conservation, reclamation and Class X, the chapter on ‘Energy’ gives an illustrated
treatment of wastelands, increased tree cover and account of the construction of solar heating devices,
regulated grazing. It also points out how excessive solar cooker, solar water heater and solar cell panel,
use of fertilizers could make water available in the wind mills, hydro-electricity and energy from the
^rea unpotable, spoil utility of water body by causing ocean. The chapter on ‘W ater’ discusses its
6vergrowth of algae to hamper the growth of useful importance as a medium for the activities of the living
plants. The spoiling of soil by salinity and water and sea water as habitat of organisms. The chapter
logging caused by excess irrigation, the harmful on ‘Air’ deals with the role of plants in the gaseous
pffects of excessive use of pesticides in water pollution balance of air, effect of acidic gases on the historical
and other dangers have also been stated. On caring monuments, harmful effects of carbon monoxide and
of animals, the chapter discusses the need for metallic particles on atmosphere, air pollution,
adequate quantity of nutritious food, shelter, water radioactive pollution and noise pollution.
knd protection from diseases.
Chapter 9, explains at length how the rising Geography
quantity of carbon dioxide in the atmosphere traps
the heat received from the sun and produces green­ At the upper primary stage the main focus of the
FFUNDAMENTAL DUTIES AND VALUE ORIENTATION IN NCERT CURRICULUM AND TEXTBOOKS 187

Gecography syllabus is to acquaint pupils with the Class VIII. Weathering, formation and conservation
lanid, rivers, hills, lakes, climate, vegetation, wild life of soil
ancd natural resources of the continents of Africa, Asia: land, climate, vegetation and wild life; natural
Soiuth America, Australia, North America, Asia and resources and their utilization
Antarctica. More direct environmental contents
Conservation of natural resources.
incllude four realms of the earth, soil formation and
comservation of resources dealt with separately. n. Textbooks
A t the secondary stage in class IX the syllabus
1. Class VI. Lands and Peoples Part I —
(exclusively deals with all basic concepts,
A Geography Textbook for Class VI
interrelations and technical terms related to the
environment and its problems while the syllabus of The chapters on South America and Australia
fclass X includes some environmental features, factors describe various aspects of the geography of these
ancd interrelations in the context of economic continents such as physical features, climate,
geography of India. vegetation, wild life. Besides the general description,
a few selected countries from Africa and South
Stajge: Upper Primary Stage America are discussed in detail.
I. Curriculum and Syllabus 2. Class VII. Lands and Peoples, Part II — A
A. The statem ent o f Objectives includes the Geography textbook for Class VII
following: Unit I, Chapters 1 to 4 on Atmosphere describes,
To promote an understanding of different the various constituents of air and various
elements of the physical environment which affect components of the atmospheric phenomena and
man’s ways of living. factors that are responsible for them.
To help the student realize that human beings Unit II, Chapter 5, The Hydrosphere’, gives an
everywhere try to make best possible use of their account of hydrospheric — oceanic phenomena of
environment, including gifts provided by nature to tides, ocean currents and their effects. Other chapters
satisfy their needs. in the textbook deal with physical features, climate
To help the student realize that man’s interaction and natural vegetation and natural resources of North
with the environment has resulted in environmental America and Europe.
degradation e.g. depletion of resources and pollution
3. Class VIII. Lands and Peoples, Part III — A
of the environment, threatening the very survival of
Goegraphy textbook for class VIII
mankind. Hence, there is urgent need to use
resources of the environment wisely. Unit I, ‘Lithosphere and Landforms’, discusses the
different lithospheric phenomena, land topography
B. The Content outline includes the following:
and various natural factors that regulate them.
Class VI. Four realms of the earth — the
Unit II, ‘Asia’, deals with the physical features,
lithosphere, hydrosphere, atmosphere and the
climate and vegetation of Asia including types of
biosphere.
biomes with special reference to Pakistan, Nepal,
Africa: land, climate, vegetation and wild life, Bhutan, Bangladesh, Myanmar, Sri Lanka, Malaysia,
natural resources and their utilization. Indonesia, China and Japan.
South America: land, climate, vegetation and wild Unit III, ‘India, Our Motherland’, describes the
life, natural resources and their utilization various natural features, topography, climate and the
Australia: land, climate, vegetation and wild life, factors regulating climatic phenomena, soil and land
patural resources and their utilization use, forests and wild life, animal wealth of India.
Antarctica: land, climate, vegetation and wild life.
Stage: Secondary Stage
Class VII. North America: land, climate, vegetation I. Curriculum and Syllabus
and wild life, natural .resources and their utilization A. Objectives of the syllabus include the following:
Europe: land, climate, vegetation and wild life, To develop an understanding o f man and
natural resources and their utilization. environment relationship at the global level.
Soviet Union: land, climate, vegetation and wild To develop an understanding and concern about
life, natural resources and their utilization. growing world population and its impact on the
188 FUNDAMENTAL DUTIES OF CITIZEI'NS

environment. Chapter Five, ‘Biosphere’, introduces compoments


To develop an understanding of the need for of the ecosystem — biotic and abiotic, food chain i and
protection of the environment and conservation food web, ecological pyramids, energy and mimeral
of nature and natural resources. movements in the living world and major ecosysttems
of the earth including various types of vegetaltion
B. The Content outline includes the following: (forests) and their relationship to the animals liivirig
Class IX. Natural environment - the atmosphere, in them.
lithosphere, hydrosphere, biosphere, the totality
Unit II, Chapter six deals with maps as aiid to
of the environment; factors determining weather
understanding environment.
and climate, climate and man.
Renewable and non-renewable resources, land use 2. Class X. India: Economic Geography
patterns, soil, forest and wild life resources, animal Unit one deals with structure and relief (adetphic
resources, fisheries, mineral and power resources, factors) and climatic conditions of India highlightting
water resources, man and ecosystem, and food the complementary nature of its physiographic
supply. divisions to provide a basis for understanding the
Nature o f human intervention causing social aspects of our environment emphasizing the
environmental degradation, depletion of resources, economic angle.
environmental pollution, environmental problems at Unit two describes the flora, fauna and ;soils
local, regional, national and global levels, need and including natural ecosystem, diversity of flora and
efforts to improve the quality of environment. vegetative regions — tropical rain forests, trojpical
Class X. India: relief, major physiographic divisions deciduous forests, scrub jungles, tidal foreests,
of India and their complementary nature to one latitudinal zones of vegetation as well as varied fauna
another, climate, natural vegetation, wild life, and soil types and distribution.
conservation of wild life. Chapter 4, ‘Land use and Water Resources’, annong
India: mineral and power resources, wise use and other things, discusses the ever increasing presssure
conservation of mineral and power resources. on land for various purposes (including population
India: Land use-soil, forest, cattle wealth, fisheries, growth) and need for proper planning of land use,
measures to check soil erosion, desertification, proper
n. Textbooks farming as well as upgradation of waterlands.
1. Class IX. Understanding Environment Under ‘Water Resources’, water budgeting, various
multipurpose river valley projects and major power
The entire content of this textbook provides a projects have been dealt with.
comprehensive treatment of both natural and social
environments. However, only the portion related The chapter, ‘Mineral and Power Resources’
directly to the protection of the natural environment discusses new sources of energy such as wind energy,
is being mentioned here. tidal energy, energy from urban waste and organic
wastes and solar energy in addition to the various
The first three chapters ‘Our Environment —
mineral resources.
Components and Processes’ introduces, the basic
components such as hydrosphere, lithosphere,
atmosphere and biosphere and dynamics (changes)
Civics
of the physical and biological elements of the The Civics syllabi at both upper primary and
environment like weathering of rocks, landslides, secondary stages mainly deals with political
processes of gradation, underground water, glaciers, institutions and responsibilities. However, in class
wind, waves, earth movements, volcanoes, VIII the problems of environmental pollution and its
fearthquakes. This is followed by realms of water, adverse effects have been mentioned as one of the
water in the oceans, ocean floor, water in the air, global problems.
surface water, underground water and water in the
biosphere. Stage: Upper Primary Stage
Chapter Four, The Air Around Us,’ discusses L Curriculum and Syllabus
interaction o f the incom ing energy and the
A. Objectives include the following:
atmospheric layers, heat balance, latitudinal heat
balance and distribution of precipitation factors To provide the student w ith intelligent
affecting climate. understanding of the various social responsi-
FVUNDAMENTAL DUTIES AND VALUE ORIENTATION IN NCERT CURRICULUM AND TEXTBOOKS 189

bilities and civic processes, Poems on birds, butterfly, flowers, moon, sun.
p. Content outline includes: Classs IV
Human activities and environmental pollution Textual material containing poems, stories, short
Types of environmental pollution, pollution of air, essays, plays, etc. on topics of general interest,
toatcer and land, factors responsible for environmental e.g. animals, birds, trees, plants; importance of trees
polllution, impact of environmental problems on and plants for national development, Chipko
sociiety and the quality of life Andolan, national parks, natural resources of the
Ways and means to reduce environmental pollution country, e.g. minerals, forests, rivers, etc.
at tlhe local, national and international levels. Class V
n. Textbook Communication abilities related to protection of
Class VIII — Our Country Today — Problems and wild life/animal life
Challenges, A textbook in Civics Textbook
Clhapter 17, “World Problems’, refers to degradation
of natu ral environm ent as a global problem Class I
concerning whole humanity and discusses briefly the Bal Bharti, Bhag 1
causes of air, water and land pollution and harmful Lesson 2, ‘Madan Ghumne Gaya’ is a story
effect of pollution. It also mentions noise pollution conveying the message that one should not tease
andl explains how air and water pollutions affect animals. It also depicts appreciation of flowers.
across the national boundaries and, therefore, require
preventive actions at local, national and global levels. Class II
Bal Bharti, Bhag 2
Language (Hindi) Lesson 3, ‘Gilharee’, is a story of two children and
The Hindi course of the primary stage attempts to a squirrel depicting the sensitivity of animals. One of
develop vocabulary related to the natural objects in them was feeding the squirrel and appreciating its
the earlier classes (classes I and II) and to highlight, beauty. The squirrel came close to them. But the other
among other components of core curriculum, child ran after the squirrel to catch it, the squirrel
environmental protection. escaped and never returned.
At the upper primary and secondary stages also Lesson 8, ‘Aam Ka Pedh’ , is a story on the
the syllabi lay a special emphasis on the theme of usefulness of the mango tree and the need to care
fenvironmental conservation. for seedlings.
Lesson 11, ‘Nanhee Bulbul’, is a story portraying
Stage: Primary Stage the protection and care provided by trees to a fledgling
I. Curriculum and Syllabus bird during its growth as also during the temporary
absence of its parents.
Objectives include : Language abilities related to
environemnt Lesson 22, ‘Kaun’ , is a poem showing the
usefulness of the moon, the sun, rivers, hills, trees,
Class I flowers, clouds, and the beauty of the rainbow to
Names of trees and plants found in the immediate human life.
environment Lesson 23, ’Hans Kiska’ is a story describing the
Importance of plants, water, animals and their virtue of care and love of animals through a quarrel
interdependence between two boys over the possession of a duck,
Interdependence of human beings and environment, which was hit by one and nursed back by the other
cleanliness of the environment and how the verdict of the king went in favour of the
saviour.
Class II
Class III
Write-ups, stories, one-act plays, narrations,
conversations, etc. related to animals, birds; natural Bal Bharti, Bhag 3
resources like forests, minerals etc. and their Lesson 1, ‘Kabutar Aur Madhumakkhiyan’, is a
conservation; story which describes how a pigeon took pity on a
190 FUNDAMENTAL DUTIES OF CmZEMMS

queen bee when she fell into a river and saved her by for the music, the machine failed. The bird generoously
dropping a leaf. One day when that pigeon, among responded again to the need of the king, sanjg for
Others, was attacked by a hunter, the queen bee him till his recovery and returned to the jung*le to
recognized the pigeon. A swarm of bees attacked the bring happiness to the common folk with her somgs.
hunter disturbing his aim and thus saving the life of Lesson 21, ‘Lalee’, is a story depicting the (deep
the pigeon. attachment of a girl to her pet lamb, the committment
Lesson 4, ‘Koel’, is a poem appreciating the beauty and affection of her father towards them andl the
and song of the koel. kindness shown by an attacking lioness in respaonse
Lesson 11, ‘Neem’, is a story expressing the agony to tenderness and innocence of the lamb, left lconely
of a neem tree when a boy was going to cut it. It at her mercy.
appealed to the boy not to destroy it because of its Lesson 22, 'Pakshee’, is a pleasant well illustrrated
great usefulness to human beings. essay describing the variety of bird life, reflectfed in
Lesson 13, ‘Chidiya Ghar Ki Ser’, is a letter written their shapes, sizes, colour, formation of the body,
by a child to his friend describing his visit to the etc. Different types of nests, various habits of b)irds,
Delhi Zoo giving an account of a few unique animals. their charming songs and their usefulness to man
It reflects the need of wild life for human aesthetic have also been mentioned.
satisfaction.
Class V
Lesson 14, ‘Kutte Ki Sooj Boojh’, is a story
Bal Bharti Bhag E>
describing how during a holiday picnic a boy gave a
piece of bread to a hungry puppy, brought him home Lesson 8, ‘Gulab Se Bano’, is an episode fronn the
and brought him up. One day when there was a life of Lai Bahadur Shastri who once in his younger
robbery in his house, the dog led him and the police days had entered a garden with other boys to rob
to a distant bunglow. The criminals were arrested fruits and flowers but was left alone by his friiends
and of the stolen goods were recovered. The when the gardener arrived. The gardener advised him
gratefulness of the dog was appreciated by all. to learn from the roses how to live for the benefit of
others which he remembered throughout his li fe.
Class IV
Lesson 5, ‘Kala Hiran’, is the story of a herd of
Bal Bharti, Bhag 4 deer living in the Tarai near the Ganga. The leader of
Lesson 4, ‘Shalimar Aur Nishat’, is a descriptive the herd was a beautiful red-eyed stag with black
piece appreciating the beauty of nature, particularly coat. The story depicts the loyalty of the herd to its
the landscape including the lakes and gardens of leader and the spirit of sacrifice for his safety, at the
Kashmir. time when the prince of the land came with a group
, Lesson 5, ‘Indradhanush’, is a poem appreciating of hunters and trapped him. It also describes how
(he beauty of the rainbow. the love and devotion of his mate for the stag
Lesson 9, 'Hathee', is an informative write-up emotionally moved the prince who ordered his men
describing the life and usefulness of elephants to man to set the stag free. In return the stag and his mate
highlighted through the experience of a herd spent some time every morning in the garden of the
comprising adult females, males and two young ones, prince to fulfil his dream.
led by an experienced female. The herd survived Lesson 6, ‘Varsha Ritu’ , is a poem on the
yarious adverse situations by their mutual appreciation of rain describing its music, how it gives
cooperation. life to the ripples of streams, makes leaves and
Lesson 13, ‘Ganewali Chiddiya’, is a story with an seedlings green and how it makes the peacock dance
underlying moral about the bird of a jungle, famous in joy.
for her song and a Chinese king who was proud of Lesson 22, ‘Swarthee Danav’, is a story describing
his grandeur. It tells how the bird, a creature of how a selfish giant rudely drove away the children
nature, used to provide joy and happiness to playing merrily in his garden and as a result the
everybody — folks living in the jungle as well as the advent of the spring was halted. The trees remained
Jung living in the palace. The king resorted soon to bare and the birds kept themselves away. The giant
to artificial singing device to satisfy his thirst for was sad. One day the sad giant heard the sweet song
music leaving the bird alone. After five years when of a bird which had eluded him for long and got up
the ailing king was fighting for his life and desired to see that a part of the garden was in bloom where
FUNDAMENTAL DUTIES AND VALUE ORIENTATION IN NCERT CURRICULUM AND TEXTBOOKS 191

samie children had sneaked in to play. He caught Class VIII


holdl of one child while others strayed away. To the Kishore Bharti, Bhag 3
surprise of the child the giant embraced him with
Lesson 3, ‘Prakriti Ka Sannidhya’, is a write-up
Upsurged affection; immediately the spring broke into
describing one’s feelings of emotional satisfaction in
the other part of the garden thus revealing the
the midst of natural wilderness. After all man is an
.essential harmony between nature and universal
animal, a creature of nature. The trees, the forests,
love. The giant invited all the children to play in his
the rocks, the hills and the clouds can give him a
gardlen.
sublime joy which cannot be substituted by anything
Clas.s VI in the city setting.
Saras Bharti, Bhag 1 Lesson 8, ‘Mukti’, is a story describing how a female
bird in search of nesting site entered a house and by
Lesson 14, 'Aap Bhale To Jag Bhala’, is a write-up
his frequent visits gradually transformed the attitude
comprising a collection of allegorical snippets of two
of its occupants from initial annoyance and resistance
dogs, a few sayings of saints and anecdotes from the
to that of indulgence and deep compassion. The
life of Abraham Lincoln, Mahatma Gandhi, Emerson
emotional integration with the nesting bird was so
and others depicting the value of modesty, fellow
profound that when they saw another female bird
feelings among humans and compassion towards
with its nestling, entrapped in a room of their
animals.
neighbour’s locked house madly pecking at the
Lesson 18, ‘Girvan Ke Singha’, is an informative glasspanes to break it open to set its partner free,
essay on dwindling wild life in general and the Gir staking its own life, all the family members, became
lion in particular. It talks of the importance of anxious for the safety and freedom of the bird. This
sanctuaries and National Parks, the main causes of relentless struggle of the birds and the anxiety of the
wild life destruction, physical features, vegetation and whole family continued for days. And when they all
animal life of the Gir forest. It also describes the felt desperate one boy of the family was encouraged
salient characters of the Gir lion and lioness, habits, to throw a stone to break the glasspanes in order to
habitat preference and parental care of the Gir lion. set the bird free.
It also includes personal encounters of the author
with the lion in different situations, the thrill of Class VI
observing and photographing the lion in the wild, its Supplementary Reader (Naya Jeevan Bhag 1)
human friendliness including some useful hints for
Lesson 4, Vishesh Puraskar’, is a story of a smart,
a n intending tourist.
young boy, good at his studies. He became known
Class VII for his naughtiness and apparently for his indiscreet
Saras Bharti, Bhag 2 acts. He was punished and threatened with
rustication for throwing stones at the shop of a
Lesson 18, ‘Janasankhya Aur Vikash’ is an essay dishonest trader, for damaging his own class by a
pn the adverse effects of population increase on the
rogue bull while he was on its mount trying to bring
life of the people and the process of development. It
the dangerous animal under his control. But later,
filso discusses the harmful effects of sharp population to the amazement of everybody, the headmaster who
Hse
|• on the state of the environment. had punished him earlier on the complaints from
Lesson 21, ‘Pradushan’, is an essay on pollution others, awarded him the special prize for the best
pf atmosphere and water pollution. It shows how the character in the school. He had seen himself the
progress in transport and industry has also brought examples of his active compassion once for an old
in its wake the pollution of air and water which is ailing beggar helping in carrying her load and on
endangering our life. It explains how the damage of another occasion, nursing the battered legs of a
jlie ozone layer and the green house effect are wounded bull.
threatening the future generations and disturbing
the climatic processes. It discusses different Class VII
measures that may be adopted to control air and Naya Jeevan, Bhag 2
water pollution by adopting more environment Lesson 6, ‘Peedhee Dar Peedhee’ , is a story
friendly technology. arousing deep comapssion towards animals and
Le?son 22, ‘Bhor Hui’, is a poem appreciating the depicting the need and glory of sacrifice for a cause
beauty of the hills, the trees and fields at the advent shown through the fate of a big male frog which
of dasvn. underwent severe pain and injury during a dissection
192 FUNDAMENTAL DUTIES OF CITIZENNS

in the class. The story describes how the frog was Lesson 11, ‘Ye Parajeebee’, is an essay oni the
caught, pinned on a board, was cut open to reveal parasite which gives an account of the phenomeenon
his anotomy, the unique thrill and anatomical of parasitism as well as different types of plants . and
understanding the children got from the experience animal parasites including micro-organisms and
of direct observation, how the incision was stiched viruses. It mentions some of the micro-organiisms
up to save his life and was set free so that he could which are useful to man as also the harmful omes.
go back home. After the initial joy and delight of his Lesson 12, ‘Jeev Jagat Mein Roop Swaroop’, iis an
wife and children seeing him back home, they sank essay appreciating the variety of plant and aniimal
in sadness when they found the big injury, pain and life.
agony of the frog. But the dying frog asked them to
Lesson 13, ‘Samudra Ke Garbh Mein’, is an esssay
keep their cool and appreciate the glory of his death.
describing the mystery of the ocean, different kunds
He reminded his family that none of them was the
of oceanic life and marine resources.
shaper of the destiny of individuals. He finally
appealed to them that they should neither bear any Lesson 15, ‘Aaj Ki Chunauti — Urja’, is an e;ssay
grudge or ill feelings for the children nor blame them on energy resources. It gives an account of different
for any sin. His is a glorious death for the cause of forms of energy, their sources including mon-
learning of the children who had taken care to try to conventional sources like solar energy, bioigas,
save his life. It is only because of them he could see geothermal, wind energy and tidal and wave eniergy
his family for the last time. These children were not along with their advantages.
selfish or cunning as others who chop off frog’s legs Stage: Secondary Stage
for their greed.
I. Curriculum and Syllabus
Class VIII
Besides language abilities one of the objectives is
Jeevan Aur Vigyan to promote environmental protection. Accordingly,
Lesson 1, ‘Manushya Kaise Bane’, is an essay on the textbooks and supplementary readers include esisays
descent of man indicating the different ancestral and stories on environmental protection and
forms from which the human species evolved. It compassion to other living creatures.
explains the relationship between man and other
animals particularly the vertebrates and primates as II. Textbook
the closest relative. Class IX Parag Bhag 1
Lesson 2, ‘Vayumandal’, is an essay on the Lesson 2, ’Himpat’, is an essay describing snowfall
composition of the atmospheric gases and how air in the mountains. Although its main theme is
acts as one of the most important part of the life appreciation o f natural beauty, it in d irectly
supporting system. The essay also discusses different promotes love of nature and the need of protection
causes and effects of air pollution as well as some of nature.
measures of prevention of atmospheric pollution. Lesson 3, ‘Sona’, is a story about a deer, evoking
Lesson 3, ‘Jai Hee Jeevan Hai’ is an essay on the love and compassion towards animals.
unique properties of water, its importance in our life Lesson 4, ‘Safar Se Vapsee', is a travelogue
and how to keep water sources safe. explaining the need of protection of the environment
Lesson 4, ‘Paudhe aur Pranee’ is an essay and the balance of nature. It also argues ag;ainst
describing the importance o f plants in the life of the deforestation.
animals including man — as the ultimate source of
food, oxygen and other products. It also states how Class X — Parag Bhag 2
inan is particularly dependent on plants for a whole Lesson 7, ‘Gora’ is a story depicting usefulness of
range o f agricultural and industrial products keeping cows and poultry and the need of suitable
including life saving drugs. care and compassion towards them.
Lesson 5, ‘Mittee Se SonaTak’, is an essay dealing
Class IX - Swati, Bhag 1 (An anthology of poems for
With the lithospheric resources the importance of soil
Hindi A course)
and various metals and their usefulness in human
civilization. It also hints the need of protection of soil Lesson (B)l, ‘Savan’ is a poem appreciating the
and metallic resources against their depletion and beauty of the rain. It also brings out the relation of
degradation. man with nature.
FFUNDAMENTAL DUTIES AND VALUE ORIENTATION IN NCERT CURRICULUM AND TEXTBOOKS 193

L^esson (B) 3, ‘Badal Ko Ghirte Dekha Hai’, is a At the primary stage, the entire learning of social
poe;m describing the beauty of the cloud and its science and science components has been woven
relaition with tribal life and hinting at the need of round the immediate environment and experience
projection of the environment. of the child. At this stage environmental awareness
and concern as well as activities chosen also
Clatss X — Swati, Bhag 2 (An anthologhy of poems
centre round the immediate surrounding — living
for lHindi A course)
and non-living objects, events and how these
L>esson 1.1, ‘Kookai Lagee Koelein’, is a poem affect our life. There are lessons im parting
appreciating the beauty of the Koel singing in the instruction on proper treatment and care of all living
rainis depicting the love of nature.
organisms.
Lvesson 1.4, ‘Usha’ is a poem appreciating the
The syllabi and textbooks mainly of Science and
beaiuty of nature at dawn and indicating the relation
Geography and to some extent of Civics have provided
of iman and nature.
adequate knowledge base and understanding of
Comclusion complex interrelation between the various
The; analysis of the syllabi and textbooks in components of the natural environment, necessary
Environmental Studies (Science and Social Studies) skills and ethical guidance in matters related to the
andl Hindi in the primary classes and those of protection of the natural environment.
Science, Geography, Civics, and Hindi at higher Books in Hindi language include stories, essays
stages reveal that the various dimensions related to and poems to rouse compassion towards other living
the clause, namely, protection of the natural beings and their usefulness to human life. There are
en viron m en t and com passion toward living several pieces in different stages highlighting our
orgamisms, have not only been covered adequately material, emotional and aesthetic dependence on the
but also have received adequate reinforcement in gifts of nature and sending strong messages for their
successive classes and from different subjects. protection.
6
Article 51 A(h)

(h) To develop the scientific temper, humanism and spirit of inquiry and reform;...

Although the four elements mentioned in the clause, provides guidelines for implementation of the NPE
namely, scientific temper, humanism and spirit of recommendations in the school curriculum also
enquiry and reform are quite interrelated, from the highlight the need and mode of translating these in
point of view of inculcation of the values and attitudes curricular transaction.
related to the spirit of the clause and their educational Accordingly, the theme of scientific temper and
transaction it may be convenient to distinguish these the spirit of inquiry perm eates throu ghou t
elements into two distinct components: (i)scientific the curricula of different subjects developed by
temper and the spirit of inquiry and (ii)humanism NCERT, though in different forms and depths
and spirit of reform. It is assumed that Environmental depending upon the nature and scope of the subject
Studies (Science), Science, Geography have more and topic.
scope to inculcate scientific temper and spirit of
The inculcation of scientific temper and the spirit
enquiry whereas subjects like History, Civics and
of inquiry educationally is more a question of attitude
languages have more scope to develop ideals of reform
than that of any particular content or topic; they can
and humanism. Accordingly, the curricular analyses
be imparted mainly by taking pupils through actual
are presented below.
investigations, systematic inquiry and exploratory
(i) The Scientific temper and the spirit of inquiry learning activities. The content or topic of the syllabi
cited here for different classes is only to give an idea
National Policy on Education (NPE) — 1986 (as
of the scope and nature of activities leading to the
modified in 1992) envisaged the evolution of the
development of scientific temper and the spirit of
National System of Education based on a National
inquiry.
Curriculum Framework which contains a common
core with other components that are flexible.
Inculcation of scientific temper is enlisted as one of Environmental Studies (Science)
the core elements. The main implication underlying Stage: Primary Stage
this recommendation is the need for providing I. Curriculum and Syllabus
opportunities to every Indian child to acquire
knowledge, develop concepts/ideas skills and to A. Objectives include the following:
imbibe interest, attitudes and values related to To encourage children to systematically observe
scientific temper. The National Policy on Education and explore their environment; ask precise
also recommended (in regard to science education) questions related to various phenomena and
that ‘Science education should develop well-defined events taking place in the environment around
kbilities and values, such as the spirit o f inquiry, them, record observations, collect and analyse
creativity, objectivity, the courage to question and data based on concrete experiences, and draw
aesthetic sensibility. The facts, methods and practices simple conclusions and inferences.
pf science should be used as tools for attaining these It is also expected that the children will develop
abilities and values.’ attitudes and values such as objectivity, apen-
National Curriculumfo r Elementary and Secondary mindedness, perseverance and c o n c e n for
Education: A Framework, NCERT 1988 which maintenance and improvement of the environment.
FUNDAMENTAL DUTIES AND VALUE ORIENTATION IN NCERT CURRICULUM AND TEXTBOOKS 195

B. Cojntent outline includes the following: and birds to find out similarities and dissimilarities
between them.
Classses I and II
In chapter 6, ‘Care of Teeth’, children find out the
Family, Human Body, Human houses and shelters
role o f the teeth in pronunciation by direct
of amimals, Natural surroundings: Animals in the
observation.
neighbourhood; Places and institutions of importance
in thte neighbourhood; Occupations of the people. Chapter 8, ‘Materials Around Us’, includes simple
experiments to prove that air and solids occupy space.
Wateir; Earth; The Sky; Plants in the neighbourhood
of thee school. There are also several simple take-home activities
based on experiments.
Liffe of the people in the neighbourhood; Transport
Chapter 9, ‘Solids Liquids and Gases’, includes
Thte themes would be used for observation and
experiments to find out that solids have definite
exploration and conclusions to inculcate scientific
shape, whereas liquids and gases do not have, as
tempter and the spirit of inquiry.
well as experiments to prove that the solids and
Class III liquids have a definite volume and that the gases do
not have.
Ouir body; Food and health
Chapter 10, ‘Water: A Wonderful Liquid’, also
Maiterials and their properties; weather and
includes several experiments on solubility of solids
seasons; Sky
in water, insolubility of some solids in water, as well
Class, IV as assignments and tests, which would inculcate
spirit of inquiiy.
Living things; Human body, Nutrition and health;
Air, Water and weather; Force, work and energy; The Chapter 11, ‘Weather’, also includes simple
tearthi and the sky experiments to demonstrate factors of evaporation
and vaporization of water.
Class; V
Class IV. Exploring Environment, Book Two
Living things; Human body, Nutrition and health;
In chapter 3, ‘Care and Protection of Plants and
Soil e;rosion and conservation; Air and its usefulness;
Animals’, there are controlled experiments on the
The earth and the sky; Force, work and energy;
need of water and sunlight for the growth of plants.
Accidients can be prevented; Man, science and
■environment Chapter 4, ‘Our Body and Its Functioning’ includes
simple observation of heart-beat and pulse rates
tl. Textbooks during different types of activities such as running,
sleeping and reading.
"there are no textbooks for classes I and II. Almost
Chapter 8, ‘Materials and Their Properties’,
all th<e chapters in textbooks for classes III, IV and V
includes several experiments to observe and conclude
are m ainly based on numerous activities and
on solubility of different solids in different liquids.
-observations. There are many activities which involve
other processes o f scientific inquiry such as Chapter 9, ‘Weather and its Influences on Life’,
Classification, m easurem ent and counting includes experiments to show the effects of sunlight,
(quantification), comparing, recording analyzing and wind, surface difference on the rate of evaporation,
drawing inferences. Only a few of them have been effect of temperature on condensation of water vapour.
cited here as samples. Chapter 10, ‘Soils and Crops’, includes simple'
experiments to determine the particle size and
Class III — Exploring Environment: Book One porosity of different types of soils.
In Chapter 1, Things Around Us’, children are Similarly Chapter 11, ‘Work force and Energy’,
made to observe potted seedlings for ten days and includes several simple, experiments to demonstrate
make measurements of height, count the leaves and force, effects of force on a body, energy sources and
tecord other changes. The chapter also includes transformation of energy.
fcarry-home activities and assignments to. inculcate Class V. Exploring Environment, Book Three
the spirit of inquiry. Chapter 1, ‘Growth and Response to Stimuli in
In chapter 2, ‘Plants and Animals Around Us’, Living Things’, includes experiments to demonstrate
Children observe characters of four-footed animals animal responses to light, sound and sight of food
196 FUNDAMENTAL DUTIES OF CITIZEENS

^nd responses of plants to light and touch. This is Classification , principles of classification, uuses c
followed by several assignments to explore and classification.
conclude on the various responses of animals and Different types of measurement in dailyy lif:
plants to different physical and chemical stimuli. elementary ideas of various units, need of stanndar
Chapter 4, ‘From Seed to Seedlings’, includes an unit, proper use of instruments, need of acccurat
experiment to determine the different essential measurements in daily life.
conditions of seed germination. Various types of changes occurring in naatur;
Chapter 10, ‘Air — Its Uses and Its Pollution’, classification of different types of changes; cHiang
includes simple experiments to demonstrate air and energy.
pressure. Basis of classification of plants and animalss.
Chapter 13, ‘Shadows and Eclipses’, a few Observation of stars and planets, classificattion c
simulated experiments to demonstrate solar and heavenly bodies
lunar eclipses.
Classes VII and VIII
Science Although syllabus mainly comprises units reelate*
to the scientific principles, and natural phenoomen;
Stage: Upper Primary
and objects, efforts have been made to relatite th
I. Curriculum and Syllabus findings to daily life and experience of the chiild s-
that he/she can see unity of scientific principlees am
A. Objectives include the following:
every aspect of his/her life thus imbibing sciaentifi-
To emphasize the uniqueness of the processes of temper and the spirit of inquiry.
science (such as observation, classification,
m easurem ent, experim entation, drawing Class VII
inference, etc.) Nature and composition of substances*; Lif;
To develop scientific attitudes and values Processes; Acids, Bases and salts; Heat; Light; S3ound
Electricity; Energy; Organization of the living; body
To emphasize the steps involved in proper decision
making, based on scientific methods. Water; Air; Food health and diseases; Agricuiltura
practices and Implements; Units on Carbon.
B. Content outline
Class VIII
The curriculum contents for different classes within Carbon Eind its compounds; Fuels; Light; Pre;ssure
the upper primary stage have been spirally developed Magnetism; Electric current; Rocks Eind Minerals am
reflecting the competencies, concepts and activities Metals; Metals; Man made materials; Agricuiltura
appropriate for the stage graded in terms of difficulty practice Eind Implementation; The microbial world
level, depth and expanse. The real life issues related OrgEinic evolution; Alternative sources of Eneirgy.
to food and nutrition, health, agriculture,
environm ental protection form the essential B. Textbooks
component of the content to help develop the clear
understanding that natural phenomena do not The textbooks of all the classes from VI to X sp>eciallj
manifest themselves in any compartmentalized form. highlight the science related values in a setparat;
Scientific temper and spirit of inquiry have been page even before starting with its contents as state
sought to be developed through the entire content of below:
the syllabus and the textbooks by choosing Curiosity, quest for knowledge, objectivity, hionestj
illustrations from the daily life of the child and Eind truthfulness, courage to question, systematic
including activities and experiments in each unit and reasoning, acceptance after proof/verification,, open-
chapter. Only those types of content are mindedness, search for perfection and team spiril
being mentioned here which directly relate to these are some of the basic values related to science. The
aspects. processes of science, which help in searchitng the
Class VI, Role of science in solving problems in truth about nature and its phenom ena ar<
our daily life, misuse of science, methods of science characterized by these values. Science aims ai
and its use in making decisions, acquiring knowledge explaining things and events. Therefore to leairn anc
and solving problems, science is useful to all; practise science:
FUNDAMENTAL DUTIES AND VALUE ORIENTATION IN NCERT CURRICULUM AND TEXTBOOKS 197

• IBe inquisitive about things and events around investigatory activities to explain the properties of
jyou. forces, working of machines, habits of living
• IHave the courage to question beliefs and organisms, body formation, functions of body
practices. structures, properties of air and water, and
observation of the night sky to inculcate the spirit of
• jAsk ‘what’, ‘how’ and “why’ and find your answers
inquiry.
Iby critically observing experimenting, consulting,
(discussing and reasoning. Science: Class VI
0, R ecord honestly your observations and Chapter One, ‘States of Matter’, includes five simple
experimental results in your laboratory or outside investigatory activities which include some elements
iit. of setting up of experiment, observation and
• Repeat experiments carefully and systematically inference.
iif required, but do not manipulate your results Similarly, Chapter Four on ‘Heat’, Chapter Five,
runder any circumstance. on ‘Transfer o f Heat’ , include a few simple
• Be guided by facts, reasons and logic. Do not be investigatory activities each. Chapter Six, ‘Light and
biased one way or the other. Shadow’, includes a few activities based on direct
• Aspire to make new discoveries and inventions experiments and a few others on simulated conditions.
by sustained and dedicated work. In Chapter' Nine on ‘Electric Charges’, almost all
the properties of statical electricity have been derived
Science: Class VI on the basis of experiments.
Unit One, ‘Science in Everyday Life’, is the first of Chapter Fourteen, ‘Life Processes I’, includes
the units introducing science as a pursuit for teachers’ dem onstration and investigatory
objective knowledge, explains how science experiments to show that light and chlorophyll are
contributes to the comfort and progress of mankind necessary for photosynthesis. Increase of breathing
in fields of production, of shelter, transport and rate during exercise, expiration of carbon dioxide,
defence. Then it explains methods of science - movement of plants in response to light have also
observation, measurement, data, analyses, results, been discussed.
interpretation and conclusion, etc. illustrated by
Chapter Sixteen, ‘Food’, includes testing of
recalling a few common human activities. It also
constituents of carbohydrate, protein and fat. It also
mentions how science has been misused and how
lays special stress on importance of balanced diet
scientific contributions can bring well being to the
and on removal of food biases and food facts to
people of all countries.
inculcate scientific temper.
Unit Two, Things Around Us’, includes several
Sim ilarly Chapter Seventeen, ‘Health and
simple activities, involving observation, comparison,
Diseases’, deals with concepts on contamination and
classification, experimentation and inference.
spoiling o f food, proper cooking methods,
Unit Three, ‘Separation of Substances’, includes contamination of water and water sources, vectors
many activities from every-day life to explain how and carriers of diseases to develop scientific
scientific methods are already subsumed in our life. knowledge, attitude and behaviour related to
There are also several experiments to arrive at right nutrition and communicable diseases.
conclusions. It also includes several exercises to drill
and internalize the methods. Science: Class VIII
Unit Four, ‘Measurement’, deals with correct Chapter 1, ‘Carbon’, and Chapter 2, ‘Carbon
methods and principles of measuring devices and how Components: Fuels’ , include experim ents on
to choose the right device as well as implication of combustion of carbon, rate of combustion and teacher
precision and accuracy. demonstration on spontaneous combustion, etc.
Unit Five, ‘Changes Around Us’, tries to explain Subsequent chapters, from chapter 3 to Chapter
the importance, implication and universality of 6, include experimental inquiry on reflection and
fchange as a process through a group of inyestigatory refraction of light, innovation of apparatus for
activities, followed by take-home activities and dem onstrating and m easuring pressure, on
evaluation. properties of magnets, various properties of electric
Units Six to Thirteen also include in each unit current.
198 FUNDAMENTAL DUTIES OF CITIZECNS

Similarly, Chapter 8, 'Metals and Their Properties theory by stating the problem and gradually treacine
includes teachers’ demonstrations and students the progress of ideas by successive experimentts by
activities on physical and chemical properties of different scientists leading to the present staite of
metals and corrosion of metals. knowledge.
Chapter 10, ‘Microbial World’, reveals the whole Chapter 2, ‘How Elements are Classified’, explains
class of microbes through exploratory observations the classification of elements on the basis o f their
and experiments and tells about vaccination and properties and development of the periodic itable
immunity to demystify communicable diseases. adopting a similar approach, showing how scientific
Chapter 11, ‘A gricu ltu re: ‘Practices and discoveries are made.
Implements’ introduces the scientific bases of Chapter 6, ‘Describing M otion’ , a c q u a in ts
agricultural processes and different practices so that pupils with activities involving calculations; and
children understand that scientific principles extends drawing of graphs to arrive at conclusions' and
equally to farming. predictions in scientific studies (in th is case
Chapter 12, ‘Useful plants and Animals’, includes related to motion).
tests for detecting purity of honey and detection of Chapter 7, ‘Force and Acceleration’, also inclludes
spoilt eggs, tests for common fibres such as wool and several investigatory experiments including ;some
nylon so that they can use scientific processes in involving quantification and calculations.
their daily life. Chapter 9, Simple Pendulum and Resorting Force’,
Chapter 13, ‘Organic Evolution’, presents the includes four experimental activities.
objective evidence for the theory of common ancestry Chapter 10, ‘Waves’ includes several simulated
of living organisms and how the present living forms experiments.
have originated, flourished and diversified and others
Chapter 11, Force and Acceleration’, to Chapter
have perished due to forces of nature.
14, ‘Electricity and its Effects’, similarly are replete
I. Curriculum and Syllabus with investigatory experim ents on force and
acceleration, behaviour of light on concave mirrors,
A . Objectives include the following:
convex and concave lenses, prisms, on primary
To help the pupil develop scientific temper, colours and related to properties of electricity. These
attitudes and values such as open-mindedness, also include development of awareness for lusirig
intellectual honesty, suspended judgement, scientific knowledge in day-to-day life.
courage to question and respect for human
Chapter 16, “Ways of Living’: Birds’, is a preliminary
dignity.
guide to study bird life so that pupils can undertake
The different units at this stage are quite content original investigation by themselves.
laden dealing with scientific principles, facts,
Chapters 18, 19, 20 and 21 dealing with ‘Life
acquisition of skills related to the discipline.
Processes’, ‘Human Beings’, ‘Science, Technology and
Obviously, the expected outcomes subsume those
Man’ respectively are mainly descriptive chapters.
identified for the earlier stages. An investigational
They mainly help to develop aw areness and
approach comprising project work and use of
knowledge to inculcate scientific objectivity and
simulation techniques have been suggested to develop
scientific temper among pupils.
problem solving and decision making abilities.

B.The contents are organized into following units for Science: A textbook for class X
the two classes IX & X. Chapter 2, 'Fuels’, includes simple investigatory
Matter — Nature and Behaviour; Motion, Force and experiments on combustion of wood and coal, calorific
Energy; Ways of Living; Human Beings; World of values.
Work; Energy; Food and Health; Environment; Chapter 4, ‘Nutrition’, not only includes tests for
Natural Resources; Universe. starch, sugar, protein and fat but also gives enough
n. Textbooks knowledge to formulate balanced diet on the basis of
requirement of different individuals. There is enough
Class IX Science: A textbook for class IX information about various deficiency diseases and
Chapter 1, 'The Nature of M atter’ adopts a food adulteration so that pupils can scientifically
historical approach to the development of the atomic determine their food needs.
FITINDAMENTAL DUTIES AND VALUE ORIENTATION IN NCERT CURRICULUM AND TEXTBOOKS 199

Chhapter 5 and 6, namely ‘Food Production’ and B. Content outline


‘Foood Management’ deal with various ideas and The guidelines suggest activities, project work and
prac ctices related to soil, fertilizers, irrigation, control assignments involving collection of geographical
of peiesticides, crop protection, new varieties of crops, information, observing and deriving information.
anirrmal husbandry, poultry and fishery as well as Identifying various land forms has been suggested
plannning management, monitoring of crops, storage as a part of the teaching and evaluation strategies.
of gnrains, food processing, management of food in
the f family so that pupils are not only aware of the Class VI
trenads but also can develop proper attitude to cope The earth — our planet, Africa — Lands and
with i the changes in modern society. peoples, South America — Lands and peoples,
Siiimilarly, chapter 7 deals with community and Australia — Lands and peoples; Antarctica; Practical
perssonal health — nutrition, infection of micro- work — Map Reading.
organnisms, their vectors and carriers, food poisoning,
Class VII
organnic and metabolic diseases, hormonal diseases,
allerg-gies, diseases related to habit forming substances Atmosphere and Hydrosphere; North America —
(tobaacco, alcohol, narcotic drugs) and the preventive Lands and peoples; Europe — Lands and peoples;
meaasures so that children are knowledgeable enough Soviet Union — Lands and peoples, Practical work
to addopt scientific attitude and behaviour for healthy — studying the weather and Night Sky.
livingg. Class VIII
Chhapter 8, The Universe’, and Chapter 9, The Lithosphere and Land forms; Asia — Lands and
Earthh System’, try to open up a new realm of scientific Peoples.
inquiiiry about the stars and planets, the solar system,
formaation of the earth, and what makes the earth a n. Textbooks
§peci;ial place as well as about the earth’s crust, The textbooks are mainly narrative and descriptive
formaation of coal, and the atmosphere. in presentation laying the knowledge base. They
Chhapter 10, ‘Metals and Non-metals’, and Chapter include a large number of activities, assignments and
11, ‘CCarbon and Its Compounds’, also resort to a few project work which involve collection, processing and
pupilils’ activities as well as teachers’ demonstration presentation of information, comparing and deriving
accorrding to the scope of the subjects. conclusions. These activities directly encourage and
Chnapter 12, ‘Biosphere’, as well as the Supplement inculcate the spirit of inquiry and in combination
to ScHence textbooks on Energy, Water, Air and Space with the knowledge presented in the text give
Explooration also add to previous knowledge about opportunity to imbibe scientific temper.
the eenvironment, natural resources and space Some of these activities and assignments are cited
explooration which may help in developing positive below as samples.
attituude to scientific methods and its effectiveness in
individual and social life. Class VI
Lands and Peoples, Part One, Geography textbook
Geography for class VI.
Chapter one, The Earth in Our Solar System
Stagee: Upper Primary Collect information regarding the planets and their
I. Curriculum and Syllabus satellites.
A. Objectives include the following: Collect information regarding the launching of
artificial satellites by India. How do they help us?
Tc'o develop an ability to use tools of geography
suuch as maps, charts and photography Chapter Four, Motions o f the Earth.
To i acquaint the student with elementary methods Observation of shadow in the morning, at noon
of stvudy used by geographers such as field study/ and in the evening to correlate the size of the shadow
projecct work. with time of the day, hotness, and to find out the
reason.
Incullcation o f scientific temper has been
menttioned as one of the basic elements of the Chapter Five, Realms o f the Earth
curricculum. Find out the areas of different oceans and
200 FUNDAMENTAL DUTIES OF CITIZE2NS

continents and present them in order of their size vane, anemometer, rain gauge and w et lbult
Find out about the life of the people in different thermometer.
regions — mountains, plateaus and plains. Which of Activity 2. Collection of weather data for one ’ week
the three you do like most? from the weather report
Collect information regarding pollution of the Ganga Activity 3. Drawing graph by charting temperature
and efforts to cleanse it. and precipitation from given data.
Chapter Six, Africa — Lands, Climate, Resources Chapter 9, Cananda
and their Utilization Collect information on the natural resources oi
Collect information regarding different tribes of Africa Canada and their use. Discuss among yoursselves
Collect information about the adventures of David what has made Canada a very prosperous couintry.
Livingstone, who explored Central Africa Chapter 11, Europe - Resources and Their Utilization
Chapter 8, Lands o f Palm Oil - Nigeria Collect information about the polders im the
Collect information about and pictures of the land Netherlands and write a brief account of how th e land
and people of Nigeria is reclaimed from the sea. Do you think such
technologies can be used in our country also?’ Give
Chapter 9, The Gift o f the Nile — the Arab Republic
reasons in support of your answer.
o f Egypt
Collect information about and photographs of the Class VIII
nomadic people of the Egyptian desert Lands and Peoples, Part III, A Geography texttbook
Chapter 10, Land o f Gold and Diamonds — South for Class VIII
Africa Chapter 1, Lithosphere and Land Forms
Collect information about and photographs of Students may collect information and pictures on
resources of South Africa (a) sudden eruption of a volcano and (b) daimage
Chapter 12, The Coffee Pot o f the World — Brazil caused by an earthquake. They may presenit the
Collect information about Falkland islands, information and exhibit the pictures of the same to
especially with reference to the political dispute over the class.
the islands
•Chapter 3, Agents o f Gradation
Chapter 15, Australia — Resources and their
utilization Discussion topic: Vanam ahotsava and its
usefulness.
Collect information and photographs regarding the
plant life and wildlife of Australia. How are these Discuss how plantation of trees on a large scale
different from the rest of the world? helps in conserving soil.
Chapter 16, The White Continent — Antarctica Unit Two
Collect information regarding India’s Antarctica
Expedition. Why do Indian teams leave our country Chapter 4, Land and Climate
in winter months knowing that Antarctica is a cold Collect information on the clothes and the houses
continent? in different parts of Asia.
Collect pictures on the above.
Class VII
Chapter 5, The People and Resources o f Asia
Lands and Peoples, Part II, A Geography textbook
for Class VII List a number of articles of daily use. Think of the
places from where these articles have come. Tell the
Chapter 3, Water in the Air class the probable journey they may have undertaken
Collect information and pictures of different types of before reaching you.
cloud seen during the rainy season. Chapter 6, Our Closest Neighbours: Pakistan,
Chapter 4, Local Weather and the Sky Nepal, Bhutan, Bangladesh, Burma and Sri Lanka.
Activity 1. Making Weather Observation is a fully The Successful Indian Expedition to the Everest —
fledged experiment to find out the relation between Collect information and pictures on the topic. Tell
tem perature, pressure and cloud involving the class about the equipment used by mountaineers
instruments like thermometer, barometer, wind in scaling the high peak.
FUNDAMENTAL DUTIES AND VALUE ORIENTATION IN NCERT CURRICULUM AND TEXTBOOKS 201

Chapter 7, Lands of Plantations: Malaysia and Chapter 16, Our Manufactured Industries
Indonesia A debate on: Large and small scale industry in
Bombay versus Singapore — Collect information our country.
bn thiese two cities in respect of their location, climate,
Chapter 17, The Lifelines-of our Country
local industries, people and items of import and
export. Tell the class how these port cities differ from Had there been no means of transport and
each other. communication — Let the class discuss the topic
around three points: how it would affect (a) our day
Chapter 8, The Home of one-fifth of Mankind —
to day life (b) primary and secondary industries and
China
(c) the defence of the country.
The wall of China. Collect information on the topic.
Tell the class why this was built and how far it is Stage: Secondary Stage
useful today. I. Curriculum
Comparison of Japanese farming and Indian A. Objectives include the following:
farming. Collect information on the farming practices
To equip the students with needed abilities and
in the two countries and tell the class how they differ
attitudes to study and analyse problem s of
from each other.
development having geographical dimensions in a
Unit Three — India — Our Motherland scientific manner.
Chapter 10, The Face of Our Motherland B. Content outline includes the following:
Frontiers of India. Divide the class into six groups, Class IX
each one dealing with our frontier with one of the
The Syllabus is organized around the following
countries (a)Pakistan (b)China (c)Nepal (d)Bangladesh
units:
and (e)Burma. Let there be one more group to deal
with strategic importance of our islands in the Bay Map skills, Natural Environment; Natural
of Bengal and the Arabian Sea. Resources and their utilization; Human interaction
with the Environment.
Chapter 12, Soil and Land Use
Class X
Our Animal Wealth — Let the class collect
information and figures regarding our livestock. Then India — Physical features, climate, natural
they may discuss why the average yield of milk is so vegetation and wild life; Natural resources; developing
low in our country. Finally they may find out and our resources; Field study, Project work
report to the class what steps are being taken to The guidelines include collection of geographical
improve this situation. data from various sources and their analysis, field
work and project work.
Chaptpr 13, Our Agriculture
n. Textbooks
Items of our daily diet and where they come from —
Let the students list various items of their daily diet Understanding Environment — A textbook in
including breakfast. Then they may find out where Geography for Class IX
they were originally produced. Finally, they draw Chapter 1, Our Environment — Components and
conclusions with regard to the interdependence of
Processes
various parts of the country.
Assignments : Study the environment in your area
Chapter 14, Our Water Resources and make a list of four changes that you observe in
Are rivers a source of misery or prosperity? — A various elements of the environment.
debate between two groups Examine the local area and list out the impact of
Chapter 15, Our Underground Wealth man on the environment.
What is the most important - Coal, Petroleum or Collect specimens of rocks in your locality and name
water power — Let the class divide itself into three them.
groups, each representing one item. Each group may Make a list of some important buildings or
be th<;n asked to present its case to the class. See if monuments of India and of the type of rocks used in
the class can reach any common conclusion. their construction.
202 FUNDAMENTAL DUTIES OF CITIZEENS

Chapter 2, Face o f the Land Collect data relating to production o f coal


Assignments : Collect press cuttings about recent petroleum and hydro-electricity in India for ten \year
earth quakes and volcanoes. and prepare bar graphs.
Collect information on extension of Rajasthan Chapter 10, Human Life in Natural Regions o f th e' Work
desert in the area around it and on the steps taken
Assignments: Collect pictures from magaizine;
to check it.
illustrating modes of life of people in diffferen
Chapter 3, Realms o f Water regions
Assignm ents: Study the different sources Chapter 11, Human Impact on Environment
of water supply in your area and indicate their
Assignments: Study the local area aroumd the
adequacy
school and note the recent trends in development o
Chapter 4, The Air Around Us resources.
Assignments: Visit the nearest meteorological Make a field trip and ascertain changes in land
observatory and note the instruments used. use in the area visited.
Keep a daily record of weather conditions in your Class X
locality in a note-book. Describe the seasonal
India: Economic Geography — A textbocok fo i
contrasts.
class X
Collect weather maps of India published in
newspapers and study seasonal contrasts. Unit I - Physical Setting
Chapter 1, Physical Features
Chapter 5, Biosphere
Assignments: On a map of India, sh ow the
Assignments: Name the most common trees in your
following, Zanskar and Kailash ranges an impcortant
locality and find out their uses.
peak of Karakoram, Nathula and Bomdila passes,
Collect pictures of wild life and name them. Indus Ganga and Brahmaputra
Unit II — Maps as Aid to Understanding
Unit II — Chapter 3, The Flora, Fauna and the Soils
Environment
Map Work : On an outline map of India show the
Study your atlas and prepare a list of conventional
following:
signs and symbols.
Kaziranga National Park, Valley of Flowers, iNilgiri
Study the map of your locality and identify the
Bio-reserve, Area covered with black soil.
features in the ground.
Unit III — Human Impact on the Environment Chapter 4, Land use and Water Resources
Hold class discussion on - Water, the saviiour of
Chapter 7, Our growing Numbers life; Our lopsided land use pattern
Assignments: Gather population data about
your village or town from 1901 census to 1981 Chapter 5, Mineral and Power Resources
census. Hold a class discussion on: The role o f non-
conventional sources of energy; pros and cons of
Chapter 8, Human Occupations nuclear energy prospects in India
Assignments: Make a list of occupations of
parents/guardians of pupils of your class Unit HI — Chapter 6, Agriculture
Visit any industry in your locality and list out the Topic for class discussion: (a) Indian Agriculture
raw materials used and find out the places from where deserves a still better deal {b)Mechanization is a curse
they are obtained. to Indian agriculture.

Chapter 9, Our Resources Chapter 7, Industries


Assignments: Find out from your own neigh­ Hold class discussion on any one of the following:
bourhood the local natural resources that are being (a) Role of industries in national wealth (b) Can
exploited. industrialization eradicate poverty?
FUNDAMENTAL DUTIES AND VALUE ORIENTATION IN NCERT CURRICULUM AND TEXTBOOKS 203

Chapter 8, Trade, Transport and Communication Ranade, etc. The work of these people in the field of
Topic for class discussion: (a) The tourism potential education and upliftment of the position of women
of Imdia, selling our culture and buying currencies of has been highlighted. References have also been
countries (b) How best can we export our abundant made to the preachings of religious leaders like
humian skill? Buddha, Mahavir, Christ, Mohammad, Zarathustra,
Guru Nanak, Adi Shankara, Dayanand Saraswati and
(ii) H umanism and spirit of reform Swami Vivekananda. Their messages of equality
among human beings and love for fellow beings have
Environmental Studies (Social Studies) been highlighted. Insistence on non-violence by many
Stage: Primary Stage of these leaders has also been highlighted.
In class V textbook inventions and discoveries in
I. Curriculum and Syllabus sciences have been mentioned. Some of these like
A. Objectives include: the ones in medical sciences have benefitted human
T o develop attitudes and values such as beings all over the world. There are brief references
objectivity, precision, critical thinking and goal to the life of Socrates, Abraham Lincoln, Karl Marx,
directness. Mahatma Gandhi and Martin Luther King. Their work
Apply the knowledge and concepts, principles, of reform and struggle for equality among human
processes, methods learned to solve academic and beings, upliftment of the life of the deprived and the
day-to-day life problems for improving the quality of downtrodden and raising the status of women have
life o f the individual, the family and the community. been highlighted. Their teachings and efforts convey
their deep faith in humanism.
Develop norms and modes of behaviour that are
consistent with the value such as democratic way of
History
life, equal rights and responsibilities — concern for
others, cooperation (Human Values).
I. Curriculum and Syllabus
The above objectives have to be promoted through
The syllabus guidelines lay emphasis on the critical
all the course contents of Environmental Studies
study of the past. The guidelines state: ‘History has
(Social Studies) which cover life of the people from
for long been misused to legitimize and sanctify the
the learner’s immediate surroundings to district,
status quo including the most illegitimate authority
state, country and the world.
and the most oppressive social systems. Pernicious
EE. Textbooks uses of history have often been made in India to
promote obscurantism, communalism and regional,
As already mentioned, three textbooks one each for
linguistic and cultural chauvinism. It is useful to be
classes III, IV and V cover the course of Environmental
aware of these misuses while framing the objectives
Studies (Social Studies). In all the three books there
and content outline of the syllabus in history’.
are descriptions and references of the great persons
jvho have worked to reform and improve the The guidelines further state: ‘By making us aware
ponditions of the people in the society both in the of the variety and diversity in humanity as well as of
past and in more recent times. continuity and change, it makes (study of history)
for a less narrow-m inded person ality and
In class III textbook, references have been made
promotes independence of judgem ent and an
^bout the food we eat, the dresses we wear and the
attitude of appreciation of contemporary processes
festivals we celebrate. In Class IV textbook these
of change’.
aspects have been discussed in more detail. These
aspects emphasise unity of human beings living in The general objectives of teaching history for
pur country in spite of the variety in their language, classes VI to X related to spirit o f enquiry
religion, caste and race. The concept is further and humanism as given in the guidelines are as
[expanded in class V textbook where variety in the under:
ways of living of people in different parts of the world — To inculcate an appreciation of the contribution
has been shown. of different peoples to the progress of mankind
In Class IV textbook there are brief references to as a whole.
the life and work of social reformers like Raja — To help develop a spirit of enquiry and the ability
Rammohan Roy, Sir Syed Ahmad Khan, Ramabai to think critically and creatively and to dif­
204 FUNDAMENTAL DUTIES OF CITIZE2NS

ferentiate between the obsolescent and the dying of the varna system, the inhuman practitce o
and the living and the emerging and untouchability and the status of women in socUety i:
— To develop a critical appreciation of the past so attempted to be developed while the role playeed fr
that the p u p ils’ person ality is free from the religious movements such as Buddhismi ant
parochialism, irrational prejudices, bigotry, Jainism in the ancient period and the Bhaktii anr
communalism and every kind of chauvinism and Sufi movements in the m edieval period! arc
is imbued with a rational scientific and forward highlighted.
looking outlook. Class VIII and Class X textbooks describee the
As has been stated earlier, the course content of religious and social reform movements and culltura
upper primary classes (VI-VIII) covers Indian history. awakening in India in the nineteenth century". Thi
A major objective of teaching history at this stage is role of religious and social reformers like Raje
To develop an appreciation of India’s cultural heritage Rammohan Roy, Ishwarchandra Vidyasagar, Sir' Syec
and its composite nature, of its richness and variety Ahmad Khan, Swami Vivekananda, Dayainanc
and of the process through which it has developed’. Saraswati, Jotiba Phule, Sri Narayan Guru and others
It has been emphasised that adequate attention in combating social evils and caste oppression! and
should be paid to the aspects o f change and raising the status of women is highlighted. Gandhiji’s
development. The teaching should be free from social reform activities and the con stru ctive
communal, parochial and other type of prejudices programme, particularly his struggle ag.ainst
and should aim at the cultivation of a broad untouchability and his role in the emancipation of
humanistic outlook. women, are discussed in the context of the struggle
for freedom.
The course content of secondary stage covers the
history of human civilization from ancient to modern In the context of world history, the textbooks deal
times along with Indian history as a part of world with the social, economic and political systerms in
history. The guidelines state that a broad historical various countries during different historical periods
perspective is crucial to understanding the world in and a critical attitude is sought to be deveiloped
which we live as well as to an understanding of our towards the various forms of inequalities; and
country. Thus the main objective of teaching history oppression. The movements of protest, incliuding
is to promote an understanding of the processes of revolts by slaves and peasants, are also described in
change and development through which human the context of various historical periods.. The
societies have evolved and to prom ote an humanist and humanitarian content of various
understanding of the foundations of human religions, such as Christianity and Islam* and
civilization and appreciation o f basic unity of religious movements which arose in protest against
mankind. evil practices are described in their appropriate
historical context. The section on Renaissance seeks
II Textbooks to promote a systematic understanding of the concept
The emphasis in the textbooks on Indian history (for of humanism. The study of the rise of capitalism and
Classes VI to VIII) and world history (for Classes IX- of societies in the modern period is permeated with
X) is on the study of social and economic life and the same critical outlook as for ancient and medieval
cultural developments in different periods. The societies in a broad humanistic perspective.
process of change in every aspect of life is stressed Thus these textbooks seek to develop a broad
and a critical attitude attempted to be developed. The humanistic outlook, aversion to all forms of injustice
in equalities in society and various forms of and oppression, a critical attitude and the spirit of
oppression as well as the resistance to them and the enquiry.
quest for justice are discussed in the context of The guidelines on the teaching-learning of this
historical development of various societies. Particular subject suggest that some part of the school time
attention is paid to the forces and movements, allotted to the teaching of history should be devoted
including those based on religion, which tried to to practical activities and project work to be done
combat social evils, inequalities and oppression. The outside the classroom, in the library and outside the
humanitarian and reformist message of various school. These may consist o f studying local
religions and religious reformers is particularly monuments and participation in the work of their
highlighted. In the context of Indian historical preservation, studying local cultural traditions, folk­
development, a critical attitude towards the inequity lore and other aspects of culture and preparing
FUNDAMENTAL DUTIES AND VALUE ORIENTATION IN NCERT CURRICULUM AND TEXTBOOKS 205

Ijiuseum kits on these, working on projects relating the use of fire and the wheel from man’s every
to artt and culture in different parts of the country, day activities?
use cof some elementary source materials, and 2. In what major respects do the material cultures
studtying the historical sites and places and of the American civilization differ from the early
idenitifying their location. It is suggested that Asian and European civilizations?
adequate attention should be paid to practical
3. It is said that the Church kept learning alive in
activities and project work so that the pupil is helped
medieval Europe and it is also sometimes said
to progress from being a passive recipient to an active
that the Church prevented advancement in
participant in the teaching/learning process. This is
learning. Cite proof of the truth of both the
also tessential to promote the growth of the pupil’s
statements.
ability to learn on his/her own.
4. Do you think that the peace treaties (after the
Wlhile the presentation of content in the textbooks
First World War) laid the foundations of a just
of history for classes VI to X is generally in the form
and stable peace?
of a marrative, exercises of various types have been
giveni at the end of each chapter. These exercises 5. Do you think the United States was justified in
incluide questions to answer, things to do and things using atom bombs against Japan?
to thiink about and discuss. 6. Do you think that the post — Cold War world is a
Tlhese exercises seek to promote independent safer place to live in and there is no danger of
thinking and develop the spirit of enquiry. A few any country dominating over other countries.?
examples of these exercises are given below. 7. Why do we say that the heritage of Indian culture
is very rich? Has it something to do with its
Class VI. Ancient India. diversity? If so, is it desirable in your opinion to
1. Why was the decline of the Harrappan cities a have such a diversity of culture? Why or why not?
sad event in the history of India? 8. How far, in your opinion, were the movements of
2. Tlhe Vedic society was divided on the basis of social reform effective in ridding Indian society
caste. On what basis in your opinion are modern of social evils? What social evils do you think need
societies .divided? to be combated today?
3. H ow did improvements in agriculture make the
ri se of cities possible? Civics
Plass VII —Medieval India Stage: Upper Primary
1. Many of the ideas of Muhammad bin Tughlaq I. Curriculum and Syllabus
were sensible and rational but they did not work Developing a critical understanding of contemporary
well. What were the ideas and why did Tughlaq social and economic problems and issues facing the
fail?
country and the world has been stated as one of the
2. ‘In the 17th century India was indeed the age of objectives of teaching civics.
magnificence’ Do you agree with the statement? The course content of Civics, in Class VIII provides
3. Collect pictures of the temples of India and note the study o f achievements and challenges in
the differences between the northern and the Independent India, including India’s social and
southern style of temple building. economic problems, national integration, world
problems, human rights, which have a close bearing
Class VIII —Modem India on promoting humanism and the spirit of reform.
1. In spite of being a dominant power for about four
decades, why could the Marathas not establish n. Textbooks
their empire in India? Class VIII textbook discusses various problems of the
2. In what respects did the Indian national present day Indian society, including illiteracy,
movement differ from the earlier revolts against poverty, caste system, untouchability, communalism,
the British rule? low status of women, child labour, drinking and drug
addiction, dowry, etc. It seeks to promote a critical
Classes IX-X —The Story o f Civilization understanding of these problems with a broad
1. What would be the possible results of eliminating humanistic perspective. The projects and activities
206 FUNDAMENTAL DUTIES OF CITIZENS

suggested in the textbook and the in-text questions clauses of Article 51 A. A few of them are referred t
Strengthen the emphasis on promoting a critical here.
understanding of the contemporary problems of Textbooks o f Primary stage
Indian society in a humanistic perspective.
The textbooks include the biographiees c
Textbook for Classes IX-X — India: Constitution and Iswarchandra Vidyasagar, Sarojini Naidu and: Bab
Government Amte. The lessons throw light on the ideas ancil wor
of these personalities in connection with variou
Various challenges before Indian democracy such as
questions of social reform.
communalism, caste and untouchability, problems
face by women, poverty and world problems such as Poems and stories such as ‘Kabir’, ‘Kabuliiwala
human rights and disarmament are discussed in this ‘Suman Upvan Ke', ‘Meri Abhilasha Hai.’and “Bhoc
textbook. Gya Hai Kyon Insan’, also give the message o
humanism and human brotherhood.
Hindi Language Textbooks o f Upper Primary Stage
I. Curriculum and Syllabus Lessons like ‘Ahimsa Ki Vijay’, ‘Ashok Ka Slhastr;
Tyag’, ‘Gandhiji Ke Jail Jeevan Ke Prerak Pratsang’
Stage: Upper Primary and Secondary Stage
‘Deenon Per Prem’, biographies of ‘Sant: Kav
NCERT guidelines and syllabi in Hindi for the upper Tiruvalluvar’, ‘Ladki Ka Pita’, ‘Rajendra Babu’, ‘Pren
primary and secondary stages include, among others, Chand’ and poems and stories like ‘Haar Ki Jeet’
the objective of developing the ability of thinking and ‘Rahim Ke Dohey’, ‘Pareeksha1, ‘Sharnagat K
reasoning among students. While elaborating Raksha’ , ‘A parajita’ , ‘Sabki Sampati Sabkt
objectives at the secondary stage, abilities related to Sukh’, ‘Kya Nirash Hoi Jai’, ‘Sudama Charita’
analytical of thinking have been stated. Some of these and ‘Wapsi’ promote an outlook of humanism anc
are: reform.
(i) Analyzing, classifying and comparing events,
feelings and thoughts. Textbooks o f Secondary Stage
(ii) Drawing conclusions and generalizing. Many lessons in these textbooks such as ‘Satya aui
Ahimsa’, ‘Bheel aur Bhaidya’, ‘Vishwa Mandir’,
(iii) Commenting on a statement and presenting ‘Swami Vivekananda’, ‘Bhartiya Sanskriti’, 'Sikhei
, arguments for and against it. Badal Gaya’ also promote an outlook of humanism
(iv) Advancing arguments after reading or and reform.
listening to a point of view and forming oneis
own opinion. Conclusion
Some o f the values on which lessons are The curriculum and textbooks in Environmental
recommended to be written / selected are as follows: Studies, History, Civics and Hindi provide an
adequate coverage of the various components of
(i) truth
this clause. As indicated earlier, the subjects of
(fi) cooperation Science and Geography particularly focus on the
(iii) justice and equality promotion of scientific temper and spirit of inquiry
(iv) self discipline while History and Civics as well as Hindi are
(v) feelings of humanism and world brotherhood particularly important for promoting humanism and
spirit of reform. The emphasis on promoting a critical
n. Textbooks attitude to the study of the past in History curriculum
Many lessons in Hindi textbooks convey the message and textbooks and to the study of contemporary
of humanism and reform. Many of these lessons problems in the Civics curriculum and textbooks is
have been referred to earlier in the context of other also notable.
Article 51 A (i)

Article 51A (i) To safeguard public property and abjure violence; ...

In the- democratic political system established in India NCERT’s curriculum and textbooks seek to
undeir the Constitution, the civil liberties of the promote an understanding of the concept of public
citize:ns — the right to freedom of speech and property as well as of the peaceful and democratic
expression, to assemble peaceably and without arms, means available to all citizens to give expression to
to form associations or unions, etc. — are guaranteed. their legitimate demands, to solve their problems and
Every citizen’s right to equality before the law or the to resolve issues of conflict between different groups
equal protection of the laws is also guaranteed. There of citizens.
are periodic elections, based on universal adult
franchise, and the law-making bodies in the coun­ Civics
try — the Parliament Eind the Assemblies — represent
the sovereign will of the people. The governments at The main focus of the Civics curriculum and
the Union and State level are responsible to these textbooks, as mentioned earlier, is to help develop
informed and responsible citizenship by promoting
law-making bodies. An essential feature of the
successful v. arking of a democratic political system knowledge and understanding of the civic institutions
and processes; the Constitution, the working of
is the Rule of Law. Any change in the laws of the
Indian democracy and the problems and challenges
country or in the policies and programmes of the
government can be effected through democratic faced by the country.
processes and peaceful means and within the Upper Primary Stage
framework of the Rule of Law. However, sometimes
Individuals eind groups of people take the law into I. Curriculum and Syllabus
their own hands to press their demands to the A. The objectives stated include:
detriment of the democratic processes. Public To provide the students w ith in telligen t
jroperty which is the collective property of all the understanding o f the various social
jeople of the country is damaged and violence is responsibilities and civic processes.
resorted to. There are sometimes clashes between
B. The course content outline includes:
groups of people accompanied by damage to public
property and use of violence. Such acts negate the U n itV
foundations of democracy and weaken efforts for the
Preservation of property of the community.
development of the country.
1. Public property in the locality;
Article 51 A(i) requires the creation of awareness
hat damaging public property and resorting to (a) Panchayat Ghar, Village ponds, trees, village
violence are destructive of democracy. It is also well, school, library, hospital, park, museum,
mportant to create awareness that any desired post office, roads, electric poles, railways,
change can be effected through peaceful means and public transport, bus, telephone booth, etc.
democratic processes. (b) Historical monuments
208 FUNDAMENTAL DUTIES OF CITIZENS

2. Their utility to the people of State Policy. The textbooks at the upper pjrima
3. Need for their preservation and secondary stages explain the concepts of IRule
Law and democratic processes as well as the righ
4. Care o f historical monuments, historical
and duties of citizens.
evidences, special efforts for their preservation

n. Textbooks History
Textbook of Civics for class VI includes one unit which
The objectives stated at Upper Primary stage iinclut
deals exclusively with public property. In the the following:
beginning a distinction has been made between
private property and public property. The latter — To develop an awareness of the necessity of
has been defined as property which all of us have a participation in the work of preservation of historic
common right to share. It does not belong to any monuments.
individual but to the whole community. History textbooks at various levels bring out tJ
Need of preserving of public property has been importance of historical monuments and otht
explained.. It has been stated that if public property historical remains. Projects for undertaking thie woi
is damaged the whole community suffers. Examples of their preservation are also suggested. A few maj<
of protecting the school property, means of transport efforts at preservation of historical monuments sue
and communication have been provided. The unit as Nagarjunakonda in India and Abul Simbel in Egyi
also explains how the common man and the nation have been mentioned in the textbooks.
as a whole suffer when public property is damaged. Conclusion
In a separate section, the importance of protection
Analysis of curricula and textbooks in variou
of historical monuments has been explained. It has
subjects suggests that m aterial relatin g t
been pointed out that some people deface the
safeguarding of public property has been include
monuments by writing their names. In other cases
at the upper primary stage in the Civics textbook fc
thefts of idols and other important things occur. Such
Class VI in detail. History textbooks bring out th
acts cause a great loss to the nation.
importance of historical monuments and the nee
The lesson urges students not to damage any for their preservation and protection. The Civic
public property including historical monuments. textbooks also promote an awareness of peaceft
Students should help the authorities in protecting methods and democratic processes. However, th
and preserving the public property. coverage of this area in the curriculum and textbook
There is a brief reference in the textbook of class needs to be further strengthened so that the variou
VII to the problem of disfiguring the historical dimensions of this clause are brought into a shar
monuments while describing the Directive Principles focus.
Article 51 A (j)

Artitcle 51 A (j) to strive towards excellence in all spheres o f individual and collective activity so that
the nation constantly rises to higher levels o f endeavour and achievement.

Althiough ‘love for excellence’, ‘healthy competition’, discovery of aeroplanes by Wright brothers.
or ‘ extra coaching for the talented’ have been Chapter 20, ‘Bharat Kokila Sarojini Naidu’ is a
memtioned in the guidelines and objectives of some biography of Sarojini Naidu describing her as a great
currricular areas, the pursuit of excellence is in fact poet and freedom fighter.
one of the goals of all educational processes. It is
veryr difficult to identify specific content of any Chapter 26, ‘Dr Visheshwaryaya’ is short biography
particular subject relating to this aspect. Promoting depicting the patience and courage, devotion and
individual and collective excellence remains diffused diligence of the great engineer.
in every component of the curriculum — objectives, Class V — Textbook Bal Bharti, Bhag 5
content, teaching practices and evaluation — of
various subject areas. The curriculum of every subject Chapter 10, ‘Madam Curie’ brings out the deep
gives enough scope to encourage and nurture interest, devotion and hard labour that were essential
individual talent and promote inherent human ingredients of the life and contribution of Marie
competitiveness, creativity and cooperation through Curie.
different classroom activities, assignments and Chapter 15, ‘Jagdish Chandra Basu’, depicts the
projects. self respect, patience, courage, devotion and
However, the textbooks include stories and studiousness of Dr J.C. Bose.
biographies of famous scientists, sports persons, Class VI — Saras Bharti, Bhag 1
national leaders and litterateurs and artists that
would not only inspire children but also show to them Chapter 12, ‘Kavi Tiruvalluvar’, gives a glimpse of
how dedication and perseverance are essential the ideal, thought Eind self restraint of the great Tamil
elements for attaining excellence. poet.
Chapter 17, ‘Cricket Ka Jadugar’, depicts how Kapil
H in d i Dev became world’s greatest all rounder of Cricket
through his devotion and hard labour.
Stage: Primary Stage
Chapter 20, ‘Sir ChandrashekEir Venkat Raman’,
'textbooks is a piece depicting the sim plicity, scientific
Class III: Bal Bharti, Bhag 3 incisiveness and human qualities of Sir C.V. Raman.
Chapter 5, ‘Iswarchandra Vidyasagar’ Chapter 23, ‘Shalya Chikitsa Ki Pravartak’, is a
biographical piece on Sushruta, a great teacher and
Chapter 16, ‘Edison’ is a piece depicting the founder of surgery in ancient India.
diligence and a few inventions of Thomas Edison
Chapter 27, ‘Arjun Ka Nishana’ is a story showing Class VII — Saras Bharti, Bhag 2
single mindedness Eind concentration of Arjun. Chapter 6, ‘Gandhiji Ke Jail Jeevan Ke PreraJc
Prasang’, is a piece highlighting the values of truth,
Class IV - Textbook : Bal Bharti, Bhag 4 non-violence Eind humanism through anecdotes from
Chapter 7, ‘Pahali Uran’ is a story describing the Mahatma Gandhi’s jail life.
210 FUNDAMENTAL DUTIES OF CITIZENS

Chapter 8, ‘Chandra Shekhar A zad’ , a Special Programmes to Promote Excellence


biographical essay on the life of Chandra Shekhar In addition, there are some special prograimme
Azad showing his courage, patriotism and spirit of to promote, encourage and nurture or reward taJent;
sacrifice.
Chapter 15, ‘Vikram Sarabhai’, is a biographical 1. National Talent Search Scheme
essay on the life of Vikram Sarabhai, his contribution This is a programme to identify talented chiildrei
to science and his role in promoting scientific in each State/UT through State level and Naitiona
attitude among the people. level examination/selection and to award then
scholarship for the duration of their entire perioc
Class VII — Naya Jeevan, Bhag 2, Supplementary of study.
Reader
2. Jawaharlal Nehru National Science Exhibition Jo
Chapter 12, 'Swami Vivekananda Ka Ek Patra’ , a
Children
letter by Swami Vivekananda written to his colleagues
conveying his ideas on the identity of Indian culture, This is a nationwide movement to enco urage
service to the needy, scientific attitude and removal science related innovative and inventive activities-
of prejudices. and identify the gifted through block level to Stats
and national level science exhibitions heir
Class VIII — Kishore Bharti, Bhag 3 annually.
Chapter 3, ‘Rajendra Babu’ is an anecdotal sketch
3. Essay Competitions /Painting Competitions
of Dr Rajendra Prasad describing the simplicity of
his public and private life. Excellence is also spotted and rewarded b>
organizing national essay competitions anc
Chapter 24, ‘Prem Chand’ is a biographical
painting competitions on special themes heli
essay on Prem Chand describing his life, the
from time to time.
hardships he had to undergo and his literary
contributions. Conclusion
Chapter 29, 'Amrita Sher Gill’, is an essay on the
Scanning through the syllabus guidelines, suggested
life of the great artist highlighting her artistic
classroom activities, assignments, projects and field
excellence, devotion to Indian art and her efforts
work, (cited earlier in connection with the sub clause
towards the promotion of appreciation of art.
51 A(h), mentioned in the textbooks of Environmental
Class VIII — Trividha: Supplementary Reader Studies, Science Geography, History, Civics and Hindi
it appears that there are enough materials and scope
It is an anthology o f biographies of nine
in the curricula to encourage and support talent and
great freedom fighters — (1) Mahatma Gandhi,
to kindle the spirit of working towardsJiigher levels
(2) Sardar Vallabhbhai Patel, (3) Sarojini Naidu,
of achievements.
(4) Rajendra Prasad, (5) Maulana Abul Kalam Azad,
(6) Jawaharlal Nehru, (7) B.R. Ambedkar, (8) Netaji There are many inspirational biographies of great
Subhash Chandra Bose, (9) Sardar Bhagat persons in various -fields of human activity to serve
Singh. as ideals as well as pathfinders.
The special programmes like the National Talent
Class X —Parag Bhag 2 Search Scheme, the National Science Exhibition for
Chapter 5, ‘Swami Vivekananda’ is a biographical Children, E$say and Painting Competitions directly
essay highlighting his ideas on Indian culture and contribute to identification and promotion of
glorious heritage. excellence among children.
Annexure C

Fundamental Duties
in
Teacher Education
An Analysis o f Syllabi and Books
Contents

F oreword 215
I ntroduction 217

1. Fundamental Duty Article 51A (a) 221«

2. Fundamental Duty Article 51A (b) 227

3. Fundamental Duty Article 51A (c) 229

4. Fundamental Duty Article 51A (d) 232

5. Fundamental Duty Article 51A (e) 233

6. Fundamental Duty Article 51A (f) 241

7. Fundamental Duty Article 51A (g) 247

8. Fundamental Duty Article 51A (h) 250

9. Fundamental Duty Article 51A (i) 255

10. Fundamental Duty Article 51A (j) 257

11. Suggestions and Action Points 260


Forew ord

O ne of the terms of reference of the Justice Verma Committee set up by the


Government of India on 21 July 1998 to operationalise the suggestions to
teach Fundamental Duties to the citizens of the countiy is ‘to develop
programme packages for pre-service/in-service of teachers at various levels’.
In order to prepare framework of these packages, it was essential to review
the status position of teaching of Fundamental Duties in teacher education
curricula including syllabui and books.
Taking cue from the discussions held in the earlier meetings of the
Committee, the NCTE undertook a quick study on the status position of the
teaching of Fundamental Duties in terms of what has already been
incorporated in the syllabui, how each Fundamental Duty and its related
concerns Eire handled in the actual classroom teaching and to what extent
these concerns are reflected in the campus activities.
The findings of this study were incorporated in the Interim Report of the
Committee (30 January 1999). Subsequently, the NCTE organised two
seminars of teacher educators to examine the findings in consultation with
a large number of teacher educators of various colleges and universities.
During the interactions with teacher educators and also in the meetings
of the Committee, it was felt that along with the analysis of syllabui, there
is a need of clause-wise analysis of books that are used in teacher education
institutions, both at elementary and secondary levels. The present report
is based on a detailed anEilysis of a limited sample of syllabi and books of
elementary and secondary teacher education. The analysis has been
conducted by Dr J.C. Goyal and the final report has been drafted in
consultation with Prof. D.S. Muley.

19 May 1999 J.S. R ajput


New Delhi Chairperson /
Introduction

T here are about 1200 elementary teacher education institutions and about 800
secondary teacher education colleger and university departments of education in
the country. Out of 1200 elementary teacher education institutions, about 400
are District Institutes of Ekiucation and Training (DIETs). The DIETs function under
the supervision of SCERTs in each State but other elementary education institutions
are looked after by the state departments of education. The colleges of education
are either managed by the government, private organisations or the universities.
The education of elementary teacher training is of two years in most of the states
but it is still one-year course in sonne States. The secondary teacher education
course called B.Ed. is one of one ytear education after graduation. States and
universities prescribe their own curricula for teacher education. The NCERT and
NCTE have, of course, been developing guidelines for development of teacher
education curriculum and syllabus from time to time. The first framework of
teacher education curriculum was prepared by the NCTE in 1978. A few states
revised their curriculum on that basis.. The latest Curriculum Framework for Quality
Teacher Education has been developed by the NCTE in 1998.
The books for teacher education institutions are not prescribed either by the
state governments or by the universsities. Only a list of reference books for each
paper is suggested in the syllabus and also by individual teacher educators. Some
textbooks were, however, developed by the NCERT to serve as prototype material
for teacher education. Two important books are: Teacher and Education in the
Emerging Indian Society, one each for elementary and secondary teacher education.
A variety of books are supposed to be made available in the libraries of teacher
education institutions. The students; may use anyone or more of available books
for study. Most of the libraries in teacher education institutions are, however, not
properly equipped. It may be mentioned that more or less the same books are
being used both in the elementary amd secondary teacher education institutions,
perhaps due to non-availability of suiitable instructional material.
In view of the situation mentioned above, an analysis of syllabus and books has
been done on a sample basis to find out as to how far the fundamental duties are
reflected in them. The following syllabus/curriculum and books have been analysed
for this purpose. An effort has been made to make the syllabui representative of
different regions.

Syllabus and Curriculum — Elementary Teacher Ekiucation


1. District Institute of Education and Training (DIET), SCERT, Delhi.
2. Primary Teacher Training Curricuilum, SCERT, Assam.
3. Primary Teacher Training Syllabus, Karnataka.

Syllabus and Curriculum — Secondary Teacher Ekiucation


1. Scheme of Courses for B.Ed. Examination, Kurukshetra University.
218

2. Syllabus for Bachelor Degree, Annamalai University.


3. B.Ed. Syllabus, Pt. Ravi Shankar Shukla University, Raipur.
4. Syllabus for the Degree of Bachelor of Education, Dibrugarh University,
Dibrugarh.

Books
1. Teacher and Education in the Emerging Indian Society (Elementary Teacher
Education), NCERT, New Delhi, 1988
2. The Teacher and Education in Emerging Indian Society, NCERT, New Delhi,
1983.
3. Education in Emerging India, J.C. Aggarwal, Doaba House, Delhi, 1994.
4. Principles of Education, Shaligram Tripathi, Venkatesh Prakashan, 1993.
5. Teacher Education, Dr.R.A. Sharma, Loyal Book Depot, Meerut, 1997.
6. Modern Educational Psychology, Dibakar Kundu, Aiya Book Depot, New Delhi,
1991.
7. The Teaching of Social Studies, S.K. Kochhar, Sterling Publications, New Delhi,
1999.
The analysis of syllabus/curriculum indicates that it is only in one or two states
which reflect inclusion of some important topics like the constitutional obligations
and equalization of educational opportunity to all with special provision for SCs,
STs, OBCs and other disadvantages sections of the society including the disabled
children and girls. The syllabuses of Delhi, Assam and Karnataka have incorporated
a number of topics related to the fundamental duties. However, there is nowhere a
conscious attempt to familiarize the prospective teachers with the fundamental
duties and their implications. It is only by chance that some topics related to a few
fundamental duties have been included in the context of NPE (1986 and 1992).
The analysis of books reveals that the books developed in the NCERT contain
sufficient material related to most of the fundamental duties enshrined in Article
51 A of our Constitution, though those under namely (b), (d), (g) and (i) are not
reflected directly in the content of books. In case of other books, in general,
inclusion of material concerning the fundamental duties depends on the subject
of the book. For instance, the book entitled ‘Emerging Indian Society’ includes
most of the material related to the fundamental duties under (a), (c), (e) and (f) but
little or no material in respect of other duties. Similarly, the book on the Teaching
of Social Studies’ also contains sufficient material on duties related to (a), (b), (c),
(e), (f) (g) and (j) but not much on other duties. The book on ‘Educational Psychology'
includes very little content related to any of the fundamental duties. It is also
observed that some material indicates an indirect relationship with a few
fundamental duties.
It may be concluded on the basis of the review that:
1. The syllabus and textbooks on teacher education developed by the NCERT
have sufficient material related to most of the fundamental duties. The need
for inclusion of the teaching of fundamental duties in teacher education has
been prominently brought out in the ‘Curriculum Framework for Quality Teacher
Education’ 1998 developed by the NCTE. The objectives of teacher education
and suggested guidelines in the NCTE Curriculum Framework have clearly
mentioned that the fundamental duties should be part of the teacher
education programmes.
219

2. The reflection of fundamental duties, where it occurs in books other than those
of the NCERT, is insufficient, incidental and indirect.
3. A few fundamental duties like (b), (d) and (i) are almost absent in most of the
books.
4. After the announcement of National Policy on Education, 1986 and the
Programme of Action, 1992 there was an adequate awareness generated to
include the ten core curricular areas in the school syllabus but there was
comparatively less awareness to include material related to fundamental duties
at teacher education level.

TABLE 1
Fundamental Duty-wise Analysis of Books (*) on Teacher Ekiucation

Books
F.D. 1 2 3 4 5 6 7 Total
(a) Yes Yes Yes Yes Yes No Yes 6
(b) Yes No Yes No No No No 2
(c) Yes Yes Yes Yes No No Yes 5
(d) No No No Yes No No No 1
(e) Yes Yes Yes Yes Yes Yes Yes 7
(f) Yes Yes Yes . Yes Yes Yes Yes 7

(g) No No Yes No Yes Yes Yes 4


(h) Yes Yes Yes Yes Yes Yes Yes 7
(i) Yes Yes No No No No Yes 3
(j) Yes No. Yes No Yes No Yes 4

(*) As given at pre-page.

The Table shows dutywise analysis of books indicating that the fundamental
duties (e), (f) and (h) are reflected in all the seven books, duty (a) in six books, duty
(c) in five books, duties (g) and (f) in four books, duty (i) in three books, duty (b) in
two books and duty (d) in one book only.
The analysis clearly indicates that a concerted effort is required to be made to
develop material related to all the fundamental duties either to be taught as a
separate unit or by incorporation of relevant material in other units.
1
Fundamental Duty 51A (a)

To abide by the Constitution and respect its ideals and institutions,


the National Flag and the National Anthem.

ELEMENTARY TEACHER EDUCATION Unit 3 Ten core elements in Curriculum.


E lem entary Teacher Education Syllabus, Paper: Social Studies
SCERT, Delhi
Contents
Paper: Sociological Perspective of Eklucation Unit 2 The Indian Constitution — salient features,
Unit 2 Understanding Indian Society rights and duties of citizens and Directive
Guiding Principles of Indian Policy : Secularism, Principles of State Policy with special reference to
Socialism, Democracy. Article 45. How we govern ourselves in India, Social
institutions.
Unit 5 Constitutional Provisions regarding
Elementary Eklucation Unit 4.2 Indian National Flag, National Emblem,
National Anthem, National Song — their meaning
Problems, issues, remedies and Constitutional and significance.
Provisions regarding girl education, child labour,
children with special needs, disadvantaged Unit 4.3 Observation of the days of national
sections. importance — Independence Day, Republic Day,
Gandhi Jayanti.
Paper: Teaching o f Environmental Studies
Primary Teacher Training, Syllabus, 1st Year,
Unit 4 Content Enrichment Karnataka
Constitutional obligations. Paper: Teaching o f Hindi, Kannad, Marathi, Telugu
Paper: Eklucation o f Children with Disabilities and Tamil
Unit 2 National Policy and Programmes. Objective: To inculcate values incorporated in the
Constitutional obligations regarding Constitution of India and National Policy on
universalisation of elementary education. Education (1986, 1992).
Paper: Value Eklucation Paper: Teaching o f Social Science (History)
Unit 2 Perspective on Value Education Contents
Values enshrined in Indian Constitution. Unit 3.1.19 Independence — Sovereign,
Unit 4 Human Rights Democratic Republic — Welfare State
Human Rights and Constitution of India. Paper: Teaching o f Social Science (Civics)
Contents
Prim ary Teacher Training Curriculum ( One
Unit 3.2 Indian Constitution — salient features
Year), SCERT, Assam , 1996
—rights and duties of citizens, Government and
Paper: Education and the Changing Society its organs.
222 FUNDAMENTAL DUTIES OF CITI-ZEENS

Unit 3.6 Decentralised administration. Contents


Unit 3.8 Rights and duties of citizens. Unit 11 Fundamental rights and duties.
Paper: Education in Human Values
P t R a vi Shankar Shukla University, R a ip u r,,
Unit 2.2 Values enshrined in the Indian B.Ed. Syllabus, 1993-94
Constitution.
Paper: Principles and Practices o f Ekiucation
Prim ary T eacher Training, Syllabus, 2nd Year, Unit 2 Education and National Developmenit
Karnataka • Provision of Education in the Constitution of
Paper: Principles o f Education India
Paper: Theory and Planning o f Ekiucation
Contents
Objective: To aquaint student teachers with the
Unit 2.2 (d) Democratic citizenship — all-round modern developments and democratic procedures in
development of personality. education.
Unit 3.3 Indian Constitution
Contents
Paper: Current Problems o f Primary Ekiucation
Unit 1 • Promoting democratic pattern of
Unit 3.1 Concept of a Welfare State — educational administration.
Constitutional provisions regarding primary
• New concept of developmental,
education and education in independent India.
participative and decentralised
Unit 3.5 Decentralisation of administration — educational administration.
Jila Parishad, Mandal Panchayats, Gram Sabha,
Paper: Elementary Ekiucation
etc.
Paper: Adult Ekiucation and Non-Formal Ekiucation Unit 2 Provisions in the Constitution of Indi;a.

Objective: Democratic Society — Role of Education Syllabus f o r Bachelor Degree, Annam alai
in developing democracy. University , 1998-99
Paper: Education in Indian Society
SECONDARY TEACHER EDUCATION O bjective : Comprehend the goals for the
development of education in Indian Constitution.
Scheme o f Courses f o r B.Ed. Examination,
Kurukshetra University, 1997-98 Contents

General Objective: To develop awareness among the Unit 4 Education in the Indian Constitution —
student teachers about the result of education in Directive Principles — Article 45, Universal
building up a democratic, secular and socialistic Compulsory Primary Education, Amendments
pattern^of society. relating to Education and Human Rights.
Unit 6 Indian society in transition — Impact of
Paper: Teaching o f Civics
socialism, secularism and globalisation.
Objective : To enable student teachers to
understand the fundamental rights and duties, Syllabusfor the Degree o f Bachelor o f Education,
citizenship and other salient features of Constitution Dibrugarh University, Dibrugarh, 1992-93
of India.
Paper: Ekiucation in Emerging India
Contents Unit 3 Emerging Future
Unit 10 Citizenship, fundam ental rights Constitution of India, values o f democracy,
and duties and salient features of Indian socialism — constitutional rights and obligations.
Constitution. Paper: Teaching of Social Studies
Paper: Teaching o f Social Studies
Unit 2 Social Studies in Education and Ekiucation
Objective: Our fundamental rights and duties. for Citizenship.
FUND AM ENTAL DUTIES IN TEACHER EDUCATION 223

BOOKS duties of the Indian citizens. The ten Fundamental


Duties mentioned in Article 51A(a) to (j) have been
Teaacher and E du ca tion in the Em erging Indian
mentioned. The role of the teacher is to understand
Socciety : (Elem entary Teacher Education).
and recognise the implications of these rights and
NCIERT, N ew D elhi, 1988
duties for education.
The; introduction to the book, inter alia, mentions Unit 1.3 Values Cherished in Free India
the sspirit of the Preamble to the Constitution. It states:
Values are needed to live a life of excellence in
Avs the Indian Constitution itself envisages accordance with the ideals of democracy, socialism
trransformation of the present society into a and secularism.
ddemocratic, socialist and secular one, the task of Chapter 2: The Contemporary Indian Society
ecducation suggested above appears to be relatively
eeasier. Though education by itself may not be in a Unit 2.3 The Present Socio-Political Scene
poosition to initiate and bring about the social Democracy in India is more apparent than real.
trransformation, yet it can certainly strengthen the Democracy is used as an apparatus for obtaining
haands of other social and political forces that are mass support for elite ends. As with democracy,
sttriving to effect the desired change. so with socialism and secularism, these terms have
been reduced to a mere jargon. Socialism is used
Secttion I: The Indian Society
as a blanket term to cover up all kinds of activities.
Eaclh unit of the chapters in section I deals with one
or rmore societal concerns in general and the The Teacher and Eklucation in Em erging
funcdamental duties in particular. Highlights of Indian Society, NCERT, New Delhi, 1983
reflesction of social concern fundamental duties in
The book is divided in three sections. Section I is
varkous units are given below.
devoted to the Values of the Emerging Indian Society,
Chaipter I: Free India — The Emerging Indian Society Section II to Education and Indian Social Order, and
Section III deals to The Teacher and Social Change.
Ufnit 1.1 Free India and Her Aspirations
Each section has a number of lessons on various
Slhe (India) resolved to put an end to poverty, aspects of the main theme. In Section I, philosophical,
imequality, ignorance etc., so as to build a new social and cultural traditions o f India, the
soacial order to be governed by the principle of Constitution of India with its basic principles, and
frreedom and social justice demands of modernisation in the context of traditions
Umit 1.2 National Goals as Embodied in the Indian have been discussed. Section II is devoted to the
Constitution educational heritage from Ancient India to Modem
W/tiile reproducing the pream ble to the India and social transformation in the context of
Constitution of India in this unit, it has been socialism, secularism and economic development.
emphasised that the Preamble delineates the ideas Section III deals with the role of the teacher with
amd ideals of the people of India. This social reference to the changes in the society. Some of the
plhilosophy can be enumerated through four key issues discussed are : equalisaton of educational
wfords — Justice, Liberty, Equality and Fraternity. opportunities, moral education, national and social
Bjy the 42nd Amendment Act of 1976, secularism integration, education of the disadvantaged, student
w;as made a statutory objective of India. This unrest etc. It is, thus, seen that the issues and
amendment added to the Preamble the concept of problems presented in the book are very relevant in
socialism and secularism and made India a the context of Fundamental Duties.
sovereign, socialist, secular, democratic republic.
Section I: Values o f the Emerging Indian Society
Umit 1.2.4 Rights and Duties o f the Citizens in
Free India Lesson 1.2: The Constitution o f India
Riights are inherent in duties. The role of the State The major provisions of the Constitution of India
is to strike a balance between the two. The State concerning the basic values of democracy, socialism
does this by making laws and implementing them. and secularism have been discussed in this lesson.
B\y the 42nd Amendment Act, certain important It analyses the four basic principles of the Preamble
features were added to the Constitution. The most of the Constitution and fundamental rights of citizens.
important of these are the incorporation of few It also refers to the Constitutional Provisions and
224 FUNDAMENTAL DUTIES OF CITIZZENS

Directive Principles of State Policy with special The basic valjue of democracy of our Constititutio
reference to Articles 37, 38 and 39 under which has been defined as the government of the peeoph
various provisions to promote democracy, socialism for the people, by the people. The implicatioons <
and secularism have been incorporated. democracy in education have also been pointedd oui
The process of educating students in the demoocrati
Lesson 1.3: The Concept o f Democracy
values, ideals and principles and enabling theem t
It has been pointed out that the Constitution of India practise these values in their conduct in and cout c
has declared India as a sovereign, socialist, secular school have also been explained.
and democratic Republic. These are the basic values
The concept of socialism as practised in Ritussi;
and ideals of our Constitution. Democracy has
and China have been discussed. Accordirng ti
several facets — ethical, political, social and
Gandhiji, however, socialism in India believess tha
economic. It demands that each human being is a
all members of the society are equal and there; is m
living, growing and potentially flowering organism and
distinction on the basis of income, caste or any' othe
has a right to participate in decisions that affect him.
category of persons.
It seeks to provide equality of opportunity, social
justice, dignity of labour and respect for cultural and The meaning of secularism, its values? anc
religious differences. Thus, democracy refers not only implications have been presented in the lesson l. Th;
to a system of Government but also to a general way major characterists of a secular State have alsoa beei
of life for each individual. discussed. It states that the universal valuies o
secularism are love, reverence, tolerance and ttruth
Section II: Ekiucation and Indian Social Order
Lesson 6: Ekiucation and National Developmemt
Lesson 2.4.7: Ekiucation and Social Transformation:
Ekiucation and Secularism In this lesson it has been stated that the nattiona
development means the total effect of all citlizens
The lesson discusses education and secularism, the efforts and addition to the stock of physicail anc
Constitutional provisions and the success and human resources, knowledge and skills. It also i states
limitations in achieving the secular ideal in India. that education and democracy are closely relatted tc
Indian Constitution and various Courts have sought each other. There is a provision of freee and
to make our education truly secular in character. compulsory education of good quality of childrem upto
The State-does not recognise any one religious faith the age of 14 as envisaged in the Article 45 <of the
in im parting education nor does it perm it Constitution.
discrimination in admissions, appointments etc. in
any form including religious indoctrination and Lesson 7: Education and Social Change
Conversation in educational institutions. The Indian Constitution in its statememts of
fundamental duties, directive principles amd the
E ducation in Em erging India, J.C. Aggarwal, preamble represents a broad consensus of thie type
Doaba House, Delhi, 1994 of society which India wishes to create. The salient
features o f such a society according fro the
Lesson 3: Emerging Features
constitution are socialism , secularismi and
This chapter discusses the main features of our democracy: justice, social, economic and political;
Constitution. It includes the Preamble to the liberty of thought, expression, belief, faitlh and
Constitution explaining the underlying principles of worship.
Justice, liberty, equality and eternity. It also refers
Lesson 9 : Problems o f Elementary Education im India
to the fundamental rights of citizens of India through
which an individual can approach the court in case Article 45 of the Indian Constitution states thiat the
the fundamental rights are violated. A reference has State shall provide within a period of 10 yearfs from
been made to the fundamental duties also in the the commencement of the Constitution for freee and
chapter, but the details of fundamental duties have compulsory education for all children untiil they
not been discussed. The Directive Principles of the complete the age of 14 years. This provision inculcates
State Policy given in the Constitution have also been the commitment of the government for providing
referred to. universal elementary education.
FUNNDAMENTAL DUTIES IN TEACHER EDUCATION 225

Prinaciples o f Education, Shaligram Tripathi, educational aims in democratic India. It states


Venkkatesh Prakashan, 1993 that the modern life means democracy in which
The I book is for B.Ed. and M.Ed. students. It is in an individual has freedom to use his intellect in
Hinddi and divided into seven chapters. Some of the his own way but is useful to the society. In this
impoortant chapters are aims and objectives of context, the book has quoted the ideas of Swami
educcation, sociological foundations of education, Vivekananda and Sri Aurobindo in respect of the
philoosophical foundations of education, innovations spiritual development of man.
in ecducation and agencies of education. The
refereences in the book are mainly related to the duties Teacher Education, D r R. A . Sharma, Loyal
(a), (cc), (d), (e), (I) and (h). The book has given a lot of B ook Depot, Meerut, 1997
emphhasis on Indian culture, therefore, the maximum The book is meant for B.Ed. course. It contains 24
mateerial is related to the duty (f). The duty (c) and (e) chapters and 422 pages. It deals with topics like
are aklso well represented as the book deals with the development of teacher education, teacher education
relationship of education with parents, community, curriculum, models and problems of teacher
societty and the nation as a whole. There is, however, education, educational technology, in-service teacher
no refeference to the prejudices against women. There education, action research, instructional designs and
are sseparate units on national and emotional innovative practices. A brief description has also been
integration which deal with duty (c) adequately. given of organisations like the NCTE, NCERT, UGC,
Theree is no relevant material related to duties (b), etc.
(g), (i)) and (j).
The references pertaining to the Fundamental
Chapiter 1: Education — Meaning and Its Functions Duties are just incidental and there is no indication
Functions o f Eklucation in National Life to show the im portance o f these duties for
inclusion in the book. A few duties like (b), (c),
Thee functions of education in national life have
(d) and (i) are not reflected anywhere in the text.
beeen presented in this chapter. Function No. 10 is
It is only the Fundamental Duties (a), (e), (f), (g),
incculcation of civil and social duties of an
(h) and (j) which have some related material in a
individual. These duties are concerning the
few chapters. Also, there is no reference to the
fouindations of democracy and secularism.
second part of the Fundamental Duty (e) which
Edilucation integrates the civil and social duties of
pertains to practices derogatory to the dignity of
an individual to make them socially useful.
women.
1.63.: Basic Principles o f Teaching
Thte book has enumerated 12 principles of C hapter 4: Development o f Teacher Education
teatching, out of which principle No.9 deads with Curriculum
thes democratic behaviour of the citizens. It
The postulates for reshaping curriculum in teacher
emjphasises that the relationship between teacher
education include the purpose and functions of
ancd students should be based on democratic
education in India as derived from the national goals
prirnciples. Application of this principle will help
of democracy and planned development. It also
. in tthe development of self-motivation.
includes the purpose and functions o f teacher
Chapiter 2: Aims o f Eklucation education in India which deals with personal, social,
2.112: Other Aims o f Education professional and conceptual skills. The professional
skills discuss the democratic social philosophy of
Whiile discussing the other aims, the book has
education. It emphasises the need for preparing
statted the meaning of citizenship as an aim of
young children in the democratic way of life,
eduication. It has been explained that every man
citizenship, social cohesion and em otional
is ailso a citizen and every citizen has same rights
integration. For this, we must be very clear about
ancH duties. All should, therefore, not only know the values inherent in a democratic social system.
abomt the rights and duties but also practise them
While discussing specific objectives of teacher
in tlheir day-to-day life.
education, the book also states that the objectives of
2.113: Aims o f Eklucation in Democratic India teacher education should have a democratic and
Thiis unit discusses the meaning of democracy and national outlook.
226 FUNDAMENTAL DUTIES OF CITIZKENS

Modern Educational Psychology, Dibakar Kundu, of Government. The child as a citizen has to take
A rya Book Depot, New Delhi, 1991 part in activities which involve democratic proocess.
The objectives of teaching social studies state that
The book is basically for the use of B.Ed. students.
an intelligent understanding of the structure: and
It contains 18 chapters and modern questions with
working of the civic and political institutions of Ilndia
a bibliography and subject index. The main chapters
is to be developed among students. One off the
relate to the psychological needs of children, stages
instructional objectives of teaching social studiies at
of growth and development, intelligence, motivation,
the primary stage is to aquaint students that iin the
environment, learning, personality, counselling,
democratic republic of India every citizen has eequal
creativity, and testing and evaluation.
rights and duties. He should, therefore, undersstand
Fundamental Duty 51 A (a) is not reflected. them fully and discharge them consciously.. The
objectives include to know the facts about the peeople
The Teaching o f Social Studies, S.K. Kochhar, of India, national days and festivals and suggest
Sterling Publications, New Delhi, 1999 development of attitudes among students. It has;been
stated that respect and pride for the national {goals
The book is to meet the requirements of the B.Ed.
and values are to be inculcated in students.. The
syllabus. It contains 20 chapters and 3 appendices
development of attitudes also includes the refspect
in which lists of films, filmstrips and museum
for law and government. In India, there is a ne?ed to
material along with their sources of procurement are
move towards greater democracy and recognitiion of
given. It has 352 pages. Some important topics in
fundamental rights. The knowledge of facts about
the book relate to the aims and objectives of teaching
the Constitution of independent India shouldl also
social studies, social studies curriculum, methods
be provided.
and techniques of teaching, instructional material
and audio-visual aids etc. The topics like utilising Chapter 3 : Social Studies —A Core Subject
community resources, national integration and
While discussing the social studies as a core
teaching controversial issues have also been
subject, one of the reasons cited is that India has
presented. The book has very little material for
accepted democracy as the most suitable foirm of
content enrichment.
Government. For successful working of democracy,
The analysis of the content of the book indicates well informed and well enlightened citizemry is
that there is sufficient material to create awareness the first requirement. Our children need to Iknow
among student teachers about the fundamental and understand the meaning and implicatioms of
duties: (a), (c), (e), (f) and (j). There is not much modern democracy and the philosophy behind
material related to fundamental duties (g), (h) and it.
(i). No material is found pertaining to fundamental
Chapter 17: Teaching o f National Integration.
duties (b) and (d). There is, therefore, a need to include
suitable material related to duties (b) and (d) and to Techniques for promoting national integrationi have
strengthen the content pertaining to duties (g), (h) been discussed in this chapter and that the stuidents
and (i). should be made familiar with the Constitution
including the fundamental rights which guarantee
Chapter 2: Aims and Objectives
equality and freedom from exploitation. Directive
One of the aims of teaching social studies given in Principles of the State Policy which direct the
the book is to build intelligent democratic citizenship. Government to protect the weaker sections of society
It states that we have accepted the democratic form should also be taught.
2
Fundamental Duty 51A (b)

To cherish and follow the noble ideals


which inspired our national struggle fo r freedom.

ELEMENTARY TEACHER EDUCATION Unit 3.1.18 Partition of India.


Elem entary Teacher Education Syllabus, Paper: Ekiucation in Human Values
SCERT, Delhi Contents
Paper: Teaching o f Environmental Studies (Social Unit 2.2 (iii) Truth, non-violence, peace, love and
Studies) right conduct.
Practical Work
4. Freedom struggle profile/project on social SECONDARY TEACHER EDUCATION
issues.
Scheme o f Courses f o r B.Ed. Examination,
Prim ary Teacher Training Curriculum
Kurukshetra University, 1997-98
(O n e Year), SCERT, Assam, 1996
Paper: Teaching o f Social Studies
Paper: Ekiucation and the Changing Society
Objective: Causes and events of the first war of
Unit 3 Ten core elements in Curriculum.
Independence.
Paper: Social Studies
Paper: Teaching o f History
O bjective: To appreciate the history of Indian
freedom movement with special reference to the Content: First War of Independence (1857)
contribution of Assam.
BOOKS
Contents
Teacher and E ducation in the Em erging Indian
Unit 3 Struggle for Indian Independence — a brief Society (Elem entary Teacher Education),
history of freedom struggle with special reference NCERT, New D elhi, 1988
to the contribution of Assam.
Chapter I: Free India — The Emerging Indian Society
Prim ary Tetwher Training, Syllabus, 1st Year, Unit 1.4 Impact of Gandhian Values on the
Karnataka Emerging Indian Society
Paper: Social Science (History) Gandhiji placed duties before rights. For the
achievem ent of these aims, he suggested
Contents
constructive programmes to establish communal
Unit 3.1.17 Rise of Nationality and Freedom harmony, to abolish class distinction. On the
Movement. plane of politics, he urged for a cordial relationship
[ 228 FUNDAMENTAL DUTIES OF CmZENs"]

between the ruler and ruled. He did not want called for a boycott of all educational institutions
blood-letting revolution for attaining freedom of his imparting education in foreign language and culture.
country, but truly achieved it by means of ‘Satya
Graha*. ‘Non-Violence’ characterised the India’s Education in Emerging India, J.C. Aggarwal,
National Struggle for Independence. Doaba House, Delhi, i994
%
Chapter 1 : Our Heritage
The Teacher and Education in Emerging
It has been stated in this chapter that the Indian
Indian Society, NCERTt New Delhi, 1983 National Movement was broad based which included
Section I: Values of the Emerging Indian Society people belonging to different castes, creeds, faiths
and religions. All of them worked together for
Section II: Education and Indian Social Order
freedom.
Lesson 2.2.3: Our Educational Heritage: Eklucation
• » in British India Principles o f Education : Shaligram Tripathi,
Venkatesh Prakashan, 1993
This lesson explains educational heritage in the
context of education in British India. Education under This duty is not reflected.
the British was marked by increased systematisation,
Teacher Education: Dr R.A. Sharma, Loyal Book
controlled grant-in aid, promotion of school and
Depot, Meerut, 1997
university education and efforts at qualitative
improvement. There was, however, no effort to This duty is not reflected.
introduce a national system of education conducive
to the cultural, economic, industrial and technological Modern Educational Psychology, Dibakar Kundu,
development of India. Therefore, the movements of Arya Book Depot, New Delhi, 1991
Swadeshi and Vandemataram accelerated the process
This duty is not reflected.
of evolution of a system of national education in India.
It demanded Indianisation, Indian ideals, religious, The Teaching o f Social Studies, S.K. Kochhar,
spiritual and philosophical values emphasising the Sterling Publications, New Delhi, 1999
glorious past. In 1920, the national education
movement was further accelerated when Gandhiji This duty is not reflected.
3
Fundamental Duty 51A (c)

To uphold and protect the sovereignty, unity and integrity o f India.

ELEMENTARY TEACHER EDUCATION Prim ary Teacher Training Syllabus,


Second Year, Karnataka
Elementary Teacher Education Syllabus,
SCERT, Delhi Paper: Principles o f Ekiucation
Paper: Sociological Perspective o f Ekiucation Unit 2.2 (d) National integration, international
understanding and universal peace.
Unit 2 Understanding Indian Society
National Integration — role of teacher in the
SECONDARY TEACHER EDUCATION
promotion of National Integration.
Unit 4 Content Enrichment Scheme o f Courses f o r B.Ed. Exam ination,
Kurukshetra University, 1997-98
National goals and national identity.
Paper - 1: Ekiucation in the Emerging Indian Society
Primary Teacher Training Curriculum
Objective: Define nationalism and international
(One Year), SCERT, Assam , 1996
understanding and role of education in their
Paper: Ekiucation and the Changing Society development.
Objective: To realize the need for national integra­ Contents
tion and its contribution to the nation building.
Unit 6 Education for national integration and
Contents international understanding :
Unit 1 National integration. • Meaning of education and nationalism.
Unit 3 Ten core elements in curriculum. • Role of teacher in the national integration.
Paper: Social Studies Pt. R a vi Sha nkar Shukla University, Raipur,
Contents B.Ed. Syllabus, 1993-94

Unit 4 National integration — Unity in diversity. Paper: Theory and Planning o f Ekiucation
Unit 5 Education for national integration and
Primary Teacher Training Syllabus, international understanding including impact of
First Year, K arnataka education on national and in tern ation al
Paper: Social Science (Civics) understanding, responsibilities of students and
teachers in promoting national integration and
Contents
international understanding.
Unit 3 7 National integration — unity in diversity,
Paper: Elementary Ekiucation
linguisuc and cultural integration, language, caste,
customs, religions, foods and tribes etc. Content: Ekiucationai Ideas o f Mahatma Gandhi
230 FUNDAMENTAL DUTIES OF CITIZEiNS

S y lla b u s f o r B a c h e lo r D e g r e e , A n n a m a la i is one but wise men call it by different names. It is


University, 1998-99 the same universal principle that basically opercates
in alll forms of existence — living or non-living.
Paper: Eklucation. in Indian Society
Section HI: The Teacher and Social Change
Unit 6 National Integration and International
Understanding. Lesson 3.2.3: National and Social Integration
Paper: Content and Methodology o f Teaching Social The Indian culture is diverse with multi-dimenskonal
Science characteristics of religions, languages and traditiions
Practical Work: A creative write-up for developing and customs. It is necessary to integrate the naition
National Integration into one cohesive unit. The national integratiom is,
therefore, essential for maintaining and promoting
BOOKS p olitical independence, econom ic prosperity,
democratic Government, social harmony, cultiural
Teacher and Eklucation in the E>merging Indian enrichment and social justice. The lesson discussses
Society (Elem entary Teacher Education), the meaning of national and social integration, the
NCERT, N ew Delhi, 1988. obstacles in national integration and suggestions and
Significantly, the ‘Introduction' to the book draws measures for promoting national integration. Many
attention of the readers towards their role to protect efforts have been made at the official and political
the sovereignty, unity and integrity of the country. levels to promote national integration. There is,
It states educational setbacks and socio-economic therefore, a need to include educational programmes
losses that result from poverty in both rural and which encourage national and social integration in
urban India, the continuing prejudices in some the society.
segments of our Indian population that tend to divide
and weaken our national unity; and the resistance Education in Em erging India, J.C. A ggarw al,
to availing of educational opportunities by large D oa ba House, Delhi, 1994
section of children and youth of the country that Chapter 13: Conservation o f Cultural Heritage
give rise to greater weightage in our educational
facilities have been the focus; and, therefore, W hile discussing education for emotional and
continual references have been made of these national integration it has been stated that India is a
through the book. land of many castes, creeds, faiths, languages and
religions. It is, therefore, important that people of
Section n Challenges o f Eklucation India should think in terms of wider loyalties to the
The presentation of content, particularly in the nation. We should not become parochial, narrow
context of societal concerns/fundamental duties, minded and communal. The book has made a
highlights the following : reference to Dr. Radha Krishnan who said that the
national integration cannot be built by brick and
Educational aims to deal with cultural diversities mortar and cannot be built by chisel or hammer. It
are: education for democratic cultural pluralism, has to grow slowly in the minds and hearts of the
education for inter-group and inter-class cohesion, people through the process of education. The book
and education for natural integration. also presents some ways and means of developing
The text contains brief references in some chapters national integration through schools. The national
about unity and integrity of the nation. These integration should not only become part of the
references are in Units 1.4,2,3 and in Section II of curriculum but also of co-curricular activities at
the book. primary and secondary stages.

The Teacher and Eklucation in Em erging Principles o f Education, Shaligram Tripathi,


Indian Society, NCERT, New Delhi, 1983 Venkatesh Prakashan, 1993

Section I: Values o f the Emerging Indian Society Chapter 1: Education — Meaning and Its Functions
Lesson 1.1.2: Philosophical Traditions o f India - II 1.2 (ii) Functions o f Eklucation in National Life
The principle of unity in diversity has found its best National integration is one Of tfye functions of
expression in the Upanishadic message that the truth education in the national life. The book has stated
FUNDAMENTAL DUTIES IN TEACHER EDUCATION 231

the importance of national integration in the context One of the general aims of teaching social studies is
of the diversity and variety in respect of caste, creed, to foster national feelings among students. It aims
variety in religion, regionalism and language. The at creating a desire in the students to follow the
education should contribute towards the promotion principles of justice and humanity. Social studies
of national integration among people. help in creating a national awareness and also
Chapter 2: Aims o f Ekiucation promote a spirit of tolerance and assimilation among
different faiths and cultures. Another aim of teaching
Unit 2.15 Ekiucation fo r National Integration social studies is to develop faith in the country’s
The book in this chapter describes the meaning of unity and a keen desire to preserve country’s
national integration and its problem in India. The independence. It has been stated that nationalism
need for national integration, the obstacles in and sovereignty must be interpreted in terms of
loyalty to the ideals and institutions of democracy
national integration, measures to remove obstacles
and suggestions for educational programmes have in the country.
been discussed. In this connection, the book has Chapter 17 '.Teaching o f National Integration
quoted Dr. Radhakrishnan who stated that the
national integration is essential if we want to live While defining national integration, the book states
as a civilised nation. that it implies a realisation of the fact that there can
be unity in diversity. The feeling of overall oneness of
Unit 2.16: Education fo r Inter-cultural Under­ the nation results in fostering national integration.
standing It further explains that national integration aims at
The author has suggested that the Indian culture unifying the people and not making them conform to
is one of the most ancient in the world. Its strength one pattern. The fact remains that unity is the
lies in the unity in diversity. India has a number protection of nationhood and its progress. It is,
of sub-cultures in different parts of the country. therefore, an important duty of every citizen in the
There is, therefore, a need for an inter-cultural country to preserve national unity and promote
understanding between different groups in our national integration.
country. Education can develop this understanding The principle of unity in diversity should be
through a change in the school environment, brought home to the students. India is a land of sharp
particularly, through government and semi-gov- contrasts and variety in language, dress, food,
ernment schools. The book has further suggested manners, customs and religions. But, there is an
that in schools, special attention should be paid essential continuity of culture and a flow of a current
to enable students to study various cultures of of unity despite diversity. The book cites a number
different nations, states and communities. of examples which indicate that there are thousands
of facets of this country but there is a unifying force
Teacher Ekiucation : D r R. A . Sharma, Loyal
Book Depot, Meerut, 1997
impressing upon them.

This duty is not reflected. The students should be made fully aware of the
history of national movement and sacrifices made
Modern Educational Psychology, Dibakar Kundu, for achievement of independence. The traditions of
Arya B ook Depot, New Delhi, 1991 the Independence movement will create among
children a peculiar sensitivity to the mission and
This duty is not reflected. greatness of India. The chapter also discusses various
The Teaching o f Social Studies, S.K. Kochhar,
techniques for promoting national integration. These
include singing of the National Anthem, patriotic
Sterling Publications, New Delhi, 1999
songs and celeberation of national days, among
Chapter 2: Aims and Objectives others.
4
Fundamental Duty 51A (d)

To defend the country and render national service


when called upon to do so.

ELEMENTARY TEACHER EDUCATION Education in E m erging India, J.C . Aggarw al,


Doaba House, Delhi, 1994
Elem entary Teacher Education Syllabus,
SCERT, Delhi This duty is not reflected.
Paper: Sociological Perspective o f Ekiucation Principles o f Ekiucation, Shaligram Tripathi,
Venkatesh Prakashan, 1993
Practical Work
Chapter 1: Ekiucation — Meaning and Its
4. Community Services : to be organised in lab Functions
area, like Adult Literacy, W.E. Activities related
to the improvement of social and financial 1.2.(ii) Functions o f Ekiucation in National Life
status of the residents. The book in this chapter has highlighted the
Paper: Ekiucation o f Children with Disabilities need for developing a feeling of discipline in the
Practical Work: A visit to a special school for light of national goals. It expects a disciplined,
disabled and preparation of report on the visit. well-organised and hard working life. In this
connection, the book has delineated the role of
Paper: Value Ekiucation education in the national life. The book also
Unit 6 Approaches, Strategies and Methods of discusses the need for training in civic and moral
Value Education. life through schools as the society for all
times depends on the moral character of its
Community Services.
members.
SECONDARY TEACHER EDUCATION
Teacher Education, D r R. A. Sharma, LoyalBook
This duty is not reflected. Depot, Meerut, 1997

BOOKS This duty is not reflected.


Teacher and Ekiucation in the Em erging Indian
Modern Educational Psychology, Dibakar Kundu,
Society (Elem entary Teacher Ekiucation),
Arya Book Depot, New Delhi, 1991
NCERT, New Delhi, 1988
This duty is not reflected.
This duty is not reflected.

The Teacher and Ekiucation in Em erging Indian The Teaching o f Social Studies, S.K. Kochhar,
Society, NCERT, New Delhi, 1983 Sterling Publications, New Delhi, 1999

This duty is not reflected. This duty is not reflected.


5
Fundamental Duty 51A (e)

To promote harmony and the spirit o f common


brotherhood amongst all the people of India transcending
religious, linguistic and regional or sectional diversities;
to renounce practices derogatory to the dignity of women.

ELEMENTARY TEACHER EDUCATION Education for peace, co-operation and non­


violence.
Elem entary Teacher Education Syllabus, SCERT,
Delhi Unit 7 School Climate
Interpersonal relations.
Paper: Sociological Perspective of Education
Unit 5 Constitutional Provisions regarding Primary Teacher Training Curriculum (One
Elementary Education Year), SCERT, Assam , 1996
Problems, Issues, remedies and Constitutional
Paper: Eklucation and the Changing Society
Provisions regarding girls' education, child labour,
children with special needs, disadvantaged Contents
sections (economically, socially and culturally).
Unit 2 (iv) Education of the weaker sections
Practical Work including girls’ education, education of -the
disabled children and school community
iii) Participation in community programme and
relationship.
preparation of report thereon.
Paper: Social Studies
iv) Compilation of various policy recommen­
dation since Independence on any two of the Contents
following Unit 7.5 Study of educational, social, economic
• Girls’ education and cultural life of people with reference to means
of communication.
• Special education
Paper: Community Work
• Education of the disadvantaged sections
Contents
Paper: Teaching o f Environmental Studies (Social
Unit 2 Organisation of literacy and socio-cultural
Studies)
services among local communities.
Unit 4 Content Enrichment
Primary Teacher Training, Syllttbus, First Year,
Social disparities, gender inquality, illite ­ Karnataka
racy, poverty, population explosion, regional
disparities. Paper: Teaching of English Language
• National goals and National identity. Objective: To develop social, moral and spiritual
Paper: Value Eklucation values among pupil teachers.
Unit 4 Human Rights Paper: Teaching of Social Science (Civics)
234 FUNDAMENTAL DUTIES OF CITIZEINS

Contents Unit 5.2 Women’s education


Unit 3.4 National Problems: linguistic fanaticism, Paper: Teaching o f Geography
untouchability, etc. Unit 2 Geography and International understanding
Paper: Education in Human Values Paper: Working with Community
Objectives: • To understand the importance of Theory: Relationship between school and
values in life and education. community.
• To integrate values in their day to Practical: Two projects to be done in the commumity.
day work.
Pt. Ravi Shankar Shukla University, R a ip u r,
• To appreciate basic values B.Ed. Syllabus, 1993 94
underlying all religions of the
world. Paper: Principles and Practices o f Education

• To develop tolerance to other Unit 2 Equality of opportunity for education.


religions. S y lla b u s f o r B a c h e lo r D e g r e e , A n n a m a ila i
• To understand the need for moral University, 1998-99
education in schools. Paper: Education in Indian Society
• To develop positive attitude towards Unit 6 • Elimination of social tensions ;and
human values. conflicts.
Contents • Instrum entation factors Hike
universalization and democratization
Unit 2.1 Meaning and scope of moral education, education in the modernization of
meaning and nature of values, values and Indian society.
character development, values common to major
religions of the world, values in relation to child Paper: Educational Management (Elective)
development and selection of values. Unit 9 School and community, school and hiome
Practicals: Episodes on moral education and partnership, school as a community centre.
lessons on moral education, bhajans and prayers, Paper: Non formal Education (Elective)
stories and dramatisation related to human values.
Unit 7 Non-formal education programmes; for
Prim a ry T ea ch er Training, Syllabus, Second women, role of voluntary agencies and women
Year, K arnataka organizations.
Paper: Population Education (Elective)
Paper: Principles o f Education
Unit 4 Social structure, relationship and
Unit 3.2 General characteristics of our social behaviour, crimes, social evils, social injustice,
structure, social change in independent India and status of women, role of culture and religion,
role of education in social change. marriage patterns and practice and sex
Paper: Population Education preference.
Unit 2.5 Status of women. Paper: Content and M ethodology o f Teaching
Commerce (Elective)
SECONDARY TEACHER EDUCATION
Unit A Community resources, establishing
Scheme of Courses for B.Ed. Examination, link between school and community, developing
Kurukshetra University, 1997-98 interest in attitude in community activities.
Paper: Ekiucation in the Emerging Indian Society Syllabusfor the Degree o f Bachelor o f Ekiucation,
Unit 3 • Education and present-day Indian Dibrugarh University, Dibrugarh,1992-93
Society Paper: Ekiucation in Emerging India
• School and Community relationship.
Unit 2 Indian social system, its structures, class,
Paper: Indian Education System: Structure and caste, stratification and mobility — social, political,
Problems technological forces acting in the society.
FUNDAMENTAL DUTIES IN TEACHER EDUCATION 235

Unit 7 Meeting the educational needs and special Chapter 2: The Contemporary Indian Society
groups/SC/ST/disabled — promoting quality of
Unit 2.3 The Present Socio-Political Scene
educational opportunity.
Secularism requires that people should have an
Unit 10 Inter-dependence of school, community
attitude of tolerance and equal respect for all
and parents.
religions. Hence, the practice of simultaneous
Paper: Education and Rural Development recitation from the holy books of all religions/faiths
Unit 1 (iii) Interaction of the formal system with on public occasions. Such practices are regarded
elements in rural development such as land, labour as marks of secularism and, what is more, means
and socio-economic standards. of national integration. Secularism demands that
all national efforts should be directed towards
Unit 1 (v) Poverty, inequality and development.
human welfare. It means that equal opportunities
Unit 2 • Educating the poor and backward should be provided for development of people
children in the rural areas. irrespective of caste, colour or creed.
• Educational disparities in development. After Independence, several steps have been
Unit 5 • Education and the attitude of the rural taken to improve the conditions of weaker sections
people towards social transformation. of society, in particular of scheduled castes and
scheduled tribes. A policy of ‘compensatory
• Impact of education on social institu­ discrimination’ has been adopted in favour of these
tions like marriage, family, political, communities. Weaker sections, because of their
social, religious institutions, caste, social background and domestic environment,
community etc. most of them started losing the battle for academic
achievement even before they enter school.
BOOKS Equalisation of opportunities in economic and
Teacher and Eklucation in the Emerging Indian cultural fields is a basic and complex problem of
Society (Elem entary Teacher Eklucation), the Indian society.
NCERT, N ew Delhi, 1988 Unit 2.4 The Present Eklucation Scene
Section I : The Indian Society There is a great disparity in literacy percentage of
men and women. The present education system
Chapter 1: Free India —The Emerging Indian Society accords low priority to programmes of mass
Unit 1.2.1 Democratic Ideals of Free India education. On the contrary it given high priority
to secondary education, whose beneficiaries are
The text of this unit puts emphasis on political
mostly the top 30 per cent of the population. It
freedom, economic security and social justice,
hardly contributes to social and economic
equality of opportunity, and welfare of individuals.
development of the country.
The pivotal values vis-a-vis democracy are : civic
responsibility, social obligation, social liability and The study of contemporary Indian society has
social justice. made it clear that some basic inequalities in power,
prestige and material goods exist in our society.
Unit 1.4 Impact o f Gandhian Values
We, therefore, have to work for social equality. The
on the Emer ging Indian Society
solution to the unem ploym ent needs our
Gandhiji was opposed to barriers that existed in immediate attention. Racial and ethnic minorities
the society due toNcaste and creed. He realised in our society need to be helped to preserve their
the social importance of education that has an cultural identity and at the same time be assisted
impact on minds and character of persons. He to participate fully in the mainstream of Indian
wanted to make an individual a humane person life, if we are to honour the age-old principle, unity
in preference to an intellectual giant. He suggested in diversity. Economic and social disparities
that students should take active part in characterise various sub-cultural groups. These
constructive work in rural areas to eradicate differentiations have to be minimised.
illiteracy and untouchability, to cultivate friendship
with others belonging to different religions, Section HI: The Teacher in the Elementary School
linguistic groups and communities, and other System
ethnic groups in order to develop in them the true It discusses topics such as historical traditions of
spirit of national integration and secularism. elementary education in India, the elementary school
236 FUNDAMENTAL DUTIES OF CITIZENS

system in India, and teacher school and community. Section II: Education and Indian Social Order
In this section, emphasis has been given that teachers
Lesson 2.3.1: Ekiucation in Independent India: The
must have increasing knowledge about the society
Educational Demands oflndeperudent
whose children they serve, so also they must
India
understand how the school system has to work in
the community as part and parcel of the wider society. The educational demands in independent India lhave
While presenting an overview of the elementaiy school been discussed in this lesson. Among others, the
system in India, it has inter alia been pointed out educational demand of providing equal opportunities
that there are traditional and socio-economic reasons to all the people was felt. India as a democratic naition
for non-participation of girls in the educational is committed to provide opportunity for free educaition
programmes. It has been emphasised that special to all citizens at all stages. The demandl for
attention needs to be given to education of girls equalisation of opportunity has also become urgent
and children belonging to weaker sections of the with the spread o f dem ocratic in stitu tion s.
society. Educational facilities are being provided for the
economically weaker sections of society by w ay of
The Teacher and Education in Em erging Indian supplying free textbooks, free clothing and free school
Society, NCERT, New Delhi, 1983 meals on a limited scale. Education of Schedtuled
Castes and Scheduled Tribes and other deprived
Section I : Values o f the Emerging Indian Society
sections of the society is also being encouraged..
Lesson 1.1.2: Philosophical Traditions o f India II
Lesson 2.4.1: Education and Social Transformaition:
In the Indian culture in spite of its derivation from Religion, Caste and Tribe
many sources and variety of forms and types, we
The modern education has enabled greater
notice a unity of spirit running through Indian culture
interaction with the members of other castes and
down the ages. It has the capacity for assimilation,
communities, made people more tolerant of others’
accommodation and readjustment based on strong
religious beliefs and practices and inter-religious
spirit of tolerance in the Indian culture.
marriages are increasing. It has been further
Lesson 1.2: The Constitution o f India explained that caste organisations have considerably
contributed to the spirit of modem education in India.
It has been stated that the Constitution guarantees
freedom of religion in general and of worship in The lesson also discusses about the tribes who
particular. There is a provision that no religious suffered from alienation, illiteracy, poverty, diseases,
instruction shall be provided in any educational inferiority, social evils and pessimism. Modern
institution wholly maintained out of the State fund education seeks to remove these sufferings and is
and no person appointed in educational institutions trying to bring them in the main stream of national
recognised by the state or receiving aid out of the life by enriching and preserving their cultural
6tate fund should be given any religious instruction. traditions and by instilling new aspirations and
values for life.
Lesson 1.4: The Concept o f Socialism
(
Lesson 2.4.2: Ekiucation and Social Transformation:
The lesson deals with the concept of socialism. It
Sex, Class and Rural-Urban
refers to a social and political doctrine based on a
Stratification
particular concept of man and of society. It is based
oil human brotherhood and social responsibility for The lesson explains education and the social
the well-being of all its members. It believes in the transformation in the context of sex, class and rural-
principles of cooperation, planning and social control urban stratification. While discussing the various
of production and distribution of all assets. The aspects of these issues, it has been stated that the
Gandhian principles of socialistic pattern of society educational facilities and quality of education for the
in India are based on the democratic freedom of girls are limited, particularly in rural areas. It has
thought, belief and expression. The socialism seeks also been stated that women in India have been
to remove disparities of wealth and income, prestige occupying an inferior status to men. Only women in
br honour and power. Gandhiji pleaded for a upper strata of society received some education.
Sarvodaya Samaj. Women were mostly confined to house keeping and
FUNDAMENTAL DUTIES IN TEACHER EDUCATION 237

child rearing. The situation has slowly changed and disadvantaged groups, the steps taken in our country
our Constitution guarantees equal rights to men and for the children of these groups and provide
Women, particularly in education. It is also stated suggestions for their further socio-econom ic
that the Indian society is divided into three major development. This concept refers to the under­
social classes. The educational facilities are availed privileged, economically and culturally deprived
of mostly by the upper classes and the lower class sections of the society. In the Indian society, lower
people who constitute about 70 per cent of India’s castes, tribes, women and slum dwellers constitute
population are deprived of the facilities. the socially disadvantaged people. Their children
Lesson 2.4.6: Eklucation and Social Transformation: reveal such social characteristics like frustration,
Eklucation and Socialism delinquency, aggresion, in ferio rity com plex,
alienation and lack o f proper m otivation.
Education and social transformation has been Com pensatory education program m es and
discussed in the context of socialism in this lesson. programmes for their integration with others in the
One of the distinguishing features of the socialism is community are necessary to improve their lot. The
ensuring equality, freedom, social justice to all school curriculum should also meet the needs of the
sections of our society. Special facilities are being culturally disadvantaged. The teacher training
provided to the under-privileged people. Gandhiji programmes should also be reoriented to meet the
propounded the Sarvodaya ideal of society which is challenges of educating the socially disadvantaged.
different from the concept of socialism followed in
other countries. Lesson 3.2.10: Socially Useful Productive Work in
Eklucation (SUPW)
8ection HI: The Teacher and Social Change
This lesson has two sections. The first section deals
Lesson 3.1: Role o f the Teacher in the Ekiucative with the meaning and concept of SUPW in education
Process and the second section with the practical applications
This lesson deals with the role of the teacher in of this concept. The SUPW emphasises the removal
traditional and industrial societies. It analyses the of class distinction between manual and other work
basic, professional and informal role of the teacher and helps in the development of socially relevant
In the classroom and in the society. The teacher has values and attitudes. It promotes self-sufficient
to socialise, judge, select and classify the students’ economic productivity. It also promotes socialisation
problem s, provide equality o f opportunity, and proper development of motor skills in the child.
impart training in democracy and make them
sensitive to the needs and expectations of a modern Eklucation in Em erging India, J.C . A ggarw a l,
society. Doaba House, Delhi, 1994
Lesson 3.2.1: Equalising Eklucational Opportunity Chapter 2: The Contemporary Indian Scene
Importance of equalising educational opportunity, its While discussing social dimensions of India, it has
meaning and need has been discussed in the lesson. been stated that equalization of opportunities in
It presents the present position from the stand point cultural, economic and social fields is a basic problem
of equality and critically examines the educational in India. Education is regarded as a means of
policies and progress pertaining to the equality of equalization. Education seeks to eradicate the social
educational opportunity. The demand for equalisation evils like practice of dowry, child marriage, low status
o f educational opportunity arises from the of women, backwardness of the schedule castes and
commitment to democratic values and needs of social schedule tribes. Education should play a useful role
and economic development. In spite of large scale in promoting consciousness of the need for social
expansion of educational facilities, there are glaring transformation.
inequalities in the education of the SCs and STs, the Chapter 3: Emerging Future
other backward communities, between boys and girls
and poor aind rich. The lesson pleads for a case for It has been stated that social and national integration
compensatory educational programmes, universa- is crucial to the creation of a strong and united
lisation of primary education and qualitative reforms country. As we know that there are many castes,
at all stages of education. creeds, tribes and other sects in the country.
Education should play its role in removing disparities
Lesson 3.2.7: Eklucation o f the Disadvantaged among different groups and develop a feeling of
The lesson deals with the concept of socially common brotherhood.
238 FUNDAMENTAL DUTIES OF CITIZENS

Chapter 6: Ekiucation and National Development nities is also poor. In order to remove the disparities
in education between schedule castes and tribes and
One of the functions of education is to provide equal
others, provision of compensatory education shiould
opportunity to all children in the countiy irrespective
be made. It also states that priority shoulid be
pf their status in the society. It means that there
accorded for opening primary schools in tribal aireas.
should be schooling facilities in all areas like rural,
tribal and forests. Also the economically weaker In view of the importance of education in natiional
sections of the society should be provided incentives development, the University Education Commission
by providing free and compulsory education. (1948-49) remarked that there cannot be educated
Educational opportunity means providing not only people without education of women. Sim ilarly,
access but also the conditions for success. Kothari Commission (1964-66) said that education
of women is even more important than that of men.
Chapter 7: Ekiucation and Social Change
It is thus an effort to remove disparity between
There are children of diverse races, communities, education of boys and girls.
religion etc. in the schools. The children also come
from different backgrounds. Education should Principles o f Ekiucation, Sh a ligram T rip a th i,
develop feeling of tolerance among children so that Venkatesh Prakashan, 1993
there is a healthy living in the school and outside.
Chapter 1: Ekiucation : Meaning and Its Functions
Chapter 8: Ekjuality o f Opportunity in Ekiucation and
1.2.01) Functions o f Education in National Life
Compensatory Ekiucation
While discussing the functions of education, i t has
It has been emphasised that one of the important been stated that the individual should subordinate
bbjectives of education is to provide equal opportunity his personal interests to the society. Education
to all so that the children belonging to backward and should develop an individual who has no feelings
other under-privileged classes may not only receive of casteism, provincialism etc. The qualities like
education but also cultivate in them the feeling of discipline, non-attachment, cooperation and
brotherhood and in building up of a egalitarian desirable behaviour are also developed through
human society. It has also been stated in this chapter education. It states that it is the responsibility of
that school education should be completely free as it education to work for the progress and
is already available in developed countries. A useful development of the society.
step in this direction will be to introduce the common
school system of public education. The schools in Chapter 2: Aims of Education
this system should maintain the level of quality and 2.10: Bases o f Formulation o f Educational Aims
efficiency. It will help in eliminating the segregation
The bases of the formulation of educational aims
between the poor and the rich.
include the role of education to work for a society
Chapter 9: Problems o f Elementary Ekiucation in India which believes in the good of all. The relationship
in an idealistic society is based on spiritual values
The chapter discusses about the developmental
which lead to the development of spiritual and
activities in community education and participation.
moral characteristics in an individual.
It states that about 100 community education centres
were working under this project in many States. The 2.14: Ekiucation fo r Emotional Integration
project aims at developing non-formal education This unit deals with the meaning, needs and
programmes for out of school children and adults. programmes for the development of emotional
Its main emphasis is to involve the total community integration. It states that a number of measures
in the project, thus creating a feeling of fraternity. have been taken by the Government and private
organisations to develop emotional integration in
Chapter 10: Ekiucation o f the Disadvantaged and
India. The main obstacles to the emotional
Special Groups
integration have been the narrow outlook of some
The chapter deals with the education of the scheduled people on the basis of their community, caste,
castes and scheduled tribes, it has beeo stated that religion and language. The educational
there is a need of special efforts to provide education programmes should make efforts for development
to scheduled castes and scheduled tribes children. of emotional integration through schools and
The progress of education of girls of these commu­ teacher education institutions.
FU NDAMENTAL DUTIES IN TEACHER EDUCATION 239

Chapter 3: Types o f Agencies o f Education One section of this chapter has been devoted to the
community living aspect. The teacher education
3.21: Religion — An Active and Informal Agency
programmes would be incomplete unless these
This unit emphasises the role of religion as an provide some kind of guidance and supervised
informal agency of education. The Constitution of experience of individual and corporate group life to
India in its Clause 19 states that no religious students. Thus the community living programmes
education w ill be given in any educational are mainly for personal and social effectiveness.
institution which is aided by the Government.
Every person is free to follow any religion. It has, M o d e m Educational Psychology, Dibakar Kundu,
however, been pleaded that the common values A r y a Book Depot, New Delhi, 1991
from all religions may be selected and taught in
schools. The religious education helps in the Chapter 1: Educational Psychology — Its Nature,
development of qualities like good behaviour, truth, Scope and Function
honesty, cooperation, discipline, self-confidence Under the scope of educational psychology, the
and dutifulness. chapter discusses the personality and adjustment
3.22 Community ■—An Active and Informal Agency as one of the five major areas. In order to study
The community is considered as an informal human personality and adjustment, educational
agency of education. The school is also considered psychologists take into consideration the emotions
a community on a smaller scale. The child in the and mental life of the students and mental health of
home and community is influenced by a number the teachers. The problems pertaining to the
of factors such as physical, social, mental, moral, exceptional children, their character and social
cultural, economic and political. The school should, interactions are also studied. It is, therefore,
therefore, use these influences on the child to necessary that the factors which affect the
develop them further with proper direction to make development of emotional maturity and help the
them useful citizens. individual to adjust to his environment are also
studied.
Chapter 4: Sociological Basis o f Education
Chapter 2: Psychological needs o f Children — Their
4.29: Education and Society Emotions, Interests, Attitudes and Values
Education in society has an important role to play.
Similarly, the society also influences education. The chapter, inter-alia, discusses the historical
The social, political and economic changes and background of the Indian value system. The research
conditions in the society greatly influence the work conducted in India has shown that economic,
education system. For instance, in India our political and theoretical values have received
Constitution has accepted principles of democracy, favourable response from students of low socio­
socialism and secularism. It is, therefore, essential economic status whereas aesthetic and religious
that education should try to develop among values are important to higher socio-economic
students the basic tenets of these principles. groups. It has been stated that socio-emotional and
Education also contributes to the development of the physical environment of the child play an
society. important role in the development of attitudes in a
child. The aim of education should be to develop
Teacher Education, D r R. A. Sharma, Loyal Book desirable attitudes towards learning and towards
Depot, Meerut, 1997
each other so that there is no feeling of inferiority or
superiority among students belonging to different
Chapter 4: Development o f Teacher Education socio-economic groups.
Curriculum
The Teaching o f Social Studies, S.K. Kochhar,
While discussing the professional theory courses for
Sterling Publications, New Delhi, 1999
teacher education it has been stated that the student
teachers must have an understanding and Chapter 2: Aims and Objectives
appreciation of the role of the school and their own
Aims of teaching social studies at the primary stage,
responsibility in preparing young children in the
inter alia, state that we are all equal irrespective of
citizenship and social and emotional integration.
sex, creed, language etc. and there are no superior
Chapter 12: Current Trends in Teacher Education or inferior people. It also states that we should
240 FUNDAMENTAL DUTIES OF CITIZENS

respect all religions and their places and ways of instructional objective is to develop respect for people
worship. One of the instructional objectives of of different communities, occupations and languages.
teaching social studies at the primary stage is to make Respect for the individual personality, individual right
students understand that though there is a great to freedom and liberty, equality of opportunity,
diversity among the people in different parts of the freedom of belief and religious expression and other
country with respect to languages, religious beliefs, rights and liberties associated with the democratic
food habits etc., the Indians are one nation. Another idea need to be inculcated among students.
6
Fundamental Duty 51A (f)

To value and preserve the rich heritage


o f our composite culture.

ELEMENTARY TEACHER EDUCATION Practical Work: Suggested essential work


Elementary Teacher Education Syllabus, SCERT,
experience activities
Delhi Participation in different types of cultural and
Paper: Philosophical Perspectives o f Education recreational activities such as celebration of festivals,
community singing etc.
Unit 3 Contemporary Indian Educational
Thinkers, their contribution in the field of Paper: Teaching o f Environmental Studies (Social
Studies)
Ekiucation.
Sri Aurobindo, Swami Vivekanand, RabindraNath Practical Work: Preparation o f Project Plan and its
Tagore, Mahatma Gandhi, Dr. Zakir Hussain. execution

Practical Work Paper: Value Ekiucation


• Life sketch and contribution of any one Indian Unit 2 Perspective on Value Education
educational thinker. Indian culture-reference for life, unity of life and
• Essay in about 800 words on Preservation of being, socio-cultural traditions and values, unity
in diversity, spirit of tolerance, assimilation and
Cultural Heritage, Moral Education.
synthesis, sat, chit and anand. Values enshrined
Paper: Teaching o f Mathematics in Indian Constitution, democracy and rational
morality, synthesis of science and spirituality.
Unit 9 Contribution o f Indian
mathematicians Unit 6 Approaches, strategies and Methods of
Value Education.
Life sketches o f Indian Mathematicians —
Aryabhatta, Braham Gupta, Bhaskaracharya, Organising cocurricular activities : morning
Ramanujam. assembly, balsabha, celebration of important days
and festivals.
Paper: Sociological Perspective o f Ekiucation
Unit 3 Social Process Primary Teacher Training Curriculum (One Year),
Role of Education in Preservation of Cultural SCERT, Assam, 1996
Heritage of India. Paper: Ekiucation and the Changing Society
Practical Work: Preparation of report of field Contents
studies, field trips or visits to various places, cultural
setting etc. may be arranged to acquaint the pupil Unit I Social, moral and spiritual values.
teacher with the rich cultural heritage of-India. Paper: Health and Physical Education and
Paper: Teaching o f Work Experience Recreational Activities
242 FUNDAMENTAL DUTIES OF CITIZENS

Objective: Appreciate the rich cultural heritage of Paper: Teaching o f History


India in the area of health and physical education
Objective: To explain concepts o f h isto ry as
specially in relation to Yoga.
phenomena of human behaviour.
Activity: Yoga
Content: Indus valley civilization, Budidha,
Unit II Importance of Yogic exercises in our daily Ashoka, Golden Age of Guptas.
life and the theory and practical of Aasans.
Paper: Art Eklucation Pt. Ravi Shankar S hu kla University, R a ipur,
B.Ed. Syllabus, 1993-94
Contents: A brief history of regional culture and
various art forms. Paper: Teaching o f History
Unit 1 Values of teaching history : Cultural,
Prim ary Teacher Training Syllabus, First Year, ethical, intellectu al, national and
Karnataka international.
Paper: Teaching o f Urdu Language Unit 4 Exhibits of social and cultural life of
people.
Objective: To introduce the child to the rich heritage
of beliefs, ideas, emotions and aspirations. Practical Work: Excursions to historical places.

Paper: Teaching o f Social Science (History) S y lla b u s f o r B a c h e lo r D e g r e e , A n n a m a la i


University, 1998-99
Contents
Paper: Education in Indian Society
Unit 3.1.2 • Ancient Civilizations — Indus
Valley, Harappa and Mohenjo- Contents
Daro, Vedic-age and new reli­
Unit 1 Indian schools — Vedanta, Bhagwad
gions — Jainism and Budhism.
Gita, Jainism
• Bhakti movement and contri­
Unit 3 Educational thoughts of Vivekananda,
bution of women in Karnataka.
Gandhiji, Tagore, Sri Aurobindo
Prim ary Teach er Training Syllabus, Second Unit 5 Concept of culture, nature of culture,
Year, Karnataka salient features of Indian culture,
transmission and transformation of
Paper: Principles o f Education culture.
Unit 2.2(c) Education for cultural heritage,
Paper: Innovations, Trends and Approaches in
education for self-realisation.
Mathematics Eklucation (Elective)
Paper: Eklucation in Human Values
Objective: History o f Mathematics and contribution
Unit 1 Essence of Indian Culture. o f Aryabhatta, Bhaskaracharya,
Ramanujam
SECONDARY TEACHER EDUCATION
Paper: Innovations, Trends and Approaches o f
S c h e m e o f C o u rs e s f o r B .E d . E x a m in a tio n , Teaching History
K u fukshetra University, 1997-98
Unit 2 The Indian historians and their contri­
Paper: Indian Education System: Structure and bution to history.
Problems Unit 3 • Cultural issues raised by history
Unit 5 Religious and moral education. • Culture oriented history
Paper: Yoga Eklucation
Paper: Content and Methodology ofTeaching History
Content: Goals of life and yoga, social and moral (Elective)
basis of yoga.
Unit 4 (iii) Values — practical, intellectual,
Paper: Teaching of Mathematics social, moral and cultural.
Unit 1 Contribution of Aryabhatta, Bhaskara- Unit 6 Constitutional history of religion, art
charya and Ramanujam in Mathematics. and architecture.
FUNDAMENTAL DUTIES IN TEACHER EDUCATION 243

Syllabus f o r the Degree o f Bachelor o f Education, Education systems are expected to preserve the
Dibrugarh University, Dibrugarh,1992-93 rich cultural heritage by building them in the
personalities of each successive generation.
Paper: Ekiucation in Emerging India
Unit 1 • Our common cultural heritage — its The Teacher and Ekiucation in Em erging
com posite unity, richness and Indian Society, NCERT, New Delhi, 1983
continuity.
• Our philosophical traditions - central Section I: Values o f the Emerging Indian Society
teachings of Indian philosophy (ethics Lesson 1.1.1: Philosophical Traditions o f India I
and epistemology).
The second part of the lesson deeds with the doctrine
Paper: Teaching o f Sanskrit of moral belief in the unity of all life and being. The
Unit Sanskrit as key to the Indian culture. law of ‘karma’ states that every action of man will
bring its consequences, thus leading to ‘Punya’ and
BOOKS ‘Papa’. Although, the past of a man is determined,
he, by virtue of his spiritual nature, can build a better
Teacher and Ekiucation in the Emerging Indian future. The Indian philosophy is characterised by the
Society (Elem entary Teacher Ekiucation), principle of “live and let live” in all spheres and times.
NCERT, New Delhi, 1988
Lesson 1.1.3: Social and Cultural T radiiions o f India
Section I: The Indian Society
While discussing the cultural traditions of India, it
Chapter I: Free India —The Emerging Indian Society has been stated that universality and humanism are
Unit 1.4. Impact o f Gandhian Values on the two essential characteristics of Indian culture.
Emerging Indian Society Achievement by man of the higher order and
excellence, is what it seeks. Our history reveals that
Gandhiji gave a clarion-call to overhaul the existing even before coming of Aryans, many religious and
curriculum with a view to make students know ethnic groups which came to India and settled down
more about their own physical and social here underwent the process of cultural assimilation
environment, the composite culture in society — and integration tolerating each others’ beliefs and
regional and national. practices in a secular manner. In spite of its cultural
Chapter 2: The Contemporary Indian Society diversity, a basic cultural unity has been maintained
Unit 2.1.: Socio-cultural heritage of the Indian in India.
Society Section II: Ekiucation and Indian Social Order
Indian society has developed a unique culture,
Lesson 2.2.1: Our Ekiucational Heritage : Ekiucation
which is a good example of unity in diversity.
in Ancient India
Many groups of people originally belonging to
different parts of the world came to India and The lesson discusses the role of religion in ancient
brought with them their own cultural traditions. India and its impact on the philosophy of education
Their cultural traditions were assimilated with the and political, social and economic life. The unique
indigenous culture of India through a process of feature of ancient Indian civilization was that the
acculturation. Thus, a composite culture was religion practically dominated every sphere of life.
evolved in India, absorbing the manners and Nowhere was the impact of religion more manifest
variety of many cultures. than in the sphere of learning and education in India.
Education was sought as a means of salvation or
Section II: Challenges o f Ekiucation
selfTrealisation for achieving the last goal of life, i.e.
The presentation of content, particularly in the Mukti or emancipation.
context of societal concerns/fundamental duties
The Yoga was part of education in India. The
highlights the following :
Upanishads state three aims of education, namely
Indian culture is a composite one. The two most Sravana (listening), Manana (deliberation) and
important features of Indian culture are: unity in Nididhayana (meditation). Initiation to Vedic education
diversity; and spirit of toleration and accommodation. was performed through a religious ceremony called
244 FUNDAMENTAL DUTIES OF CITIZENS

Upanayana. The relationship between the teacher and to the people of India from generation to generation.
taught was of a spiritual nature. A comparison has
Chapter 4: Eklucation and Society
been made in the lesson between the Buddhist and
Bhramanic systems of education. It has been stated The chapter has presented definitions of education
that the Buddhist system of education was more given by a number of Indian and foreign educationists
democratic and free from any distinction of caste, creed and philosophers. The Indian philosophers include
or sex as compared to the Bhramanic system. Sri Aurobindo, Swami Dayanand and Gandhiji. Their
Education in ancient India imparted professional, definition of education refers to the building of the
technical, Ayurveda — the science of medicine and human mind and spirit, formulation of character and
women’s education. all round drawing out of the best respectively.
Section HI: The Teacher and Social Change Chapter 5: Our Eklucational Heritage
Lesson 3.2.2.: Moral Eklucation Under the notable features of education in ancient
India the ultimate aim of education has been given
The purpose of this lesson is to help in understanding not the preparation for life but self-realization which
the nature and scope of moral education, the process means liberation of the soul from the fetters of present
and methods of developing moral education and the and future life. It has also been explained that under
ways in which a teacher can contribute towards moral the Vedic system of education, its aim was the
development of children. It is, therefore, imperative realization of spiritual and moral values. The relations
for the teacher to understand the various issues between teachers and the pupils were based on love
involved in moral education and his own role in it. and affection.
The views on moral education and its nature and
scope differ and are diverse in nature. For example, Chapter 13: Conservation o f Cultural Heritage
whether moral education and religious education are This chapter deals with the conservation and
same, and that it cannot be taught but is rather protection of culture. It has been explained that
caught. The moral education aims at developing the culture has two elements: material and non-material.
ability of making sound judgements in different life The material elements are material things like the
situations and developing the ability and commitment tools, machines and industry. The non-material
to apply these judgements in one’s own actions. elements refer to the language, art, religion, morality,
Moral character is to be conceived not in terms of law and government. The composite culture refers
conformity to specific virtues but in developmental to the blending of various cultures and reflection of
terms. It refers to a positive role through school unity. Education is also a part of the culture and it
activities and environment. There are several methods has to make a systematic effort to maintain and
for developing moral values among children. The promote the values of composite culture. The school
important ones are direct and indirect methods. curriculum should therefore reflect the cultural
values of the society.
E du ca tion in E m erging India, J.C. Aggarw al,
Doaba H ouse, Delhi, 1994 Principles o f Education, Shaligram Tripathi,
Venkatesh Prakashan, 1993
Chapter 1: Our Heritage
Chapter 1: Eklucation : Meaning and Its Functions
This chapter deals with our composite culture and
philosophical traditions. It defines culture as the 1*2.(i) Functions o f Eklucation in Human Life
sense of refined manners and use of material things This unit begins with the concept of education
like buildings, gardens and paintings. It connotes a given in Srimad Bhagvad Purana which considers
system of ultimate ends and norms of life. The education as promotion of complete individuality
chapter also discusses the meaning of composite in a person. It gives definitions of education
culture which refers to an interaction among the according to the Vedic Philosophy, Mahabharata,
Various groups like Aryans, Dravidians, the Kushans, Swami Vivekanenda, Dr Radha Krishnan, Kalidas
the Huns, etc. The Indian culture consists of a and Mahatma Gandhi, among others.
common outlook of life, the intellectual influences of 1.2(H) Functions o f Eklucation in National Lijs
various movements and cultural objectives. The While discussing the functions of education in
chapter also explains the philosophical tradition as national life, it has been stated, inter-alia, that
the beliefs, customs, ideas and ideals handed down
FUNDAMENTAL DUTIES IN TEACHER EDUCATION 245

tlhe school should enable children to familiarize obvious that the cultural factors refer to the Indian
with both the theoretical and practical concepts composite culture.
oif Indian culture.
Chapter 1: Education — Meaning and Its Functions Modern Educational Psychology, Dibakar Kundu,
Arya Book Depot, New Delhi, 1991
1.3 Educational Values
Chapter 2 : Psychological Needs o f Children — Their
The educational values, according to the book, are
Emotions, Interests, Attitudes and
o f three kinds: organic, hyper-organic, and
Values.
spiritual values. The spiritual aspect includes
intellectual, aesthetic and religious values. These While discussing the attitudes and values, the
v alues in educational programmes are considered chapter explains characteristics of values, and that
very important. It has also been stated that there the values have an important role to play in shaping
are three kinds of aims of education: general aim, one’s personality. A value is a judgement of choice
spiritual aim and ultimate aim. The ultimate aim and preference and any rules of conduct. The values
o f education has been defined in the book satisfy psychological needs of a person and occupy a
according to the Atharveda. It says “The nature is central position in the cognitive system of an
life and the nature in itself is considered as God.” individual. The values are determined by culture,
The five elements, namely water, earth, fire, air, society, institutions and personal experiences.
and ether are the manifestation of God. The
Chapter 12: Personality
education should prepare an individual to realise
oneness with nature. The chapter deals with the study of personality,
The various topics on values in relation to modification and theories of personality. The chapter
education have been discussed along with their also deals with the cultural determ inants of
relationship with philosophy. The relationship personality. It further states that culture is a property
between values and aims, philosophy and values, shared and transmitted by the members of society.
ethics and values, morals and values have been It includes knowledge, beliefs, morals, laws, customs
discussed. The definitions and kinds of values as and other habits acquired by man. Each cultural
given by Shankaracharya, Swami Vivekanenda, sub-group leaves a mark on the personality through
Swami Dayananda Saraswati, Sri Aurobindo habits and other behaviour. The educational
Ghosh, Radha Krishnan and Mahatma Gandhi institutions should help in developing the desired
have been included in the discussion. The personality structure.
relationship between education and culture is also
The Teaching o f Social Studies, S.K. Kochhar,
presented. The unit also discusses the spiritual
Sterling Publications, New Delhi, 1999
aspects of education and its relationship with
values and that of Vedanta and values of education. Chapter 2: Aims and Objectives
It states that one of the bases of development of One of the general aims of teaching social studies is
curriculum is idealism. While giving details of to enable children to appreciate India’s rich cultural
idealism, it refers to the philosophy of Satyam, heritage and also to recognise what is desirable and
‘Shivam ’ , ‘Sundaram ’ which refer to the what is not desirable in the context of social change.
development of intellectual, moral and artistic The aims of teaching social studies also include to
faculties of a person respectively. help the child, gain insight into spiritual, economic
and political values in human behaviour and human
Teacher Education, Dr. R. A. Sharma, Loyal Book relationship. The book suggests that we should
Depot, Meerut, 1997 impress upon the child’s mind that ours is a rich
and composite culture and people of different faiths,
Chapter 4: Development o f Teacher Education
religions and linguistic groups have made valuable
Curriculum
contributions in the progress of the nation. It has
While discussing the qualities of a teacher, the need also been stated that India has a culture of her own
to develop in the future teachers, an awareness of and we, as Indians, cherish certain values. In order
cultural factors that influence development of the to preserve and modify our culture and values, it is
holistic philosophy, i.e. the total child interacts with essential for students to know them. We should also
the total environment has been emphasised. It is know about the great men who have contributed to
246 FUNDAMENTAL DUTIES OF CITIZZENS

the development of Indian culture. The students the Indian heritage—monuments, music, daxnces,
should also be acquainted with important facts about scripts, handicrafts, languages, festivals etc.
7
Fundamental Duty 51A (g)

To protect and improve the natural environment


including forests, lakes, rivers, wild life and to
have compassion for living creatures.

ELEMENTARY TEACHER EDUCATION Contents


Elem entary Teacher Eklucation Syllabus, SCERT, Unit 5 Human life in relation to m oun­
D elhi tains, plains, plateau, weather and climate.
In ter-d ep en d en ce betw een man and his
Paper: Teaching o f Environmental Studies
environment.
Unit 4 Content Enrichment Paper: Health and Physical Education and
Environmental concerns, ecology, pollution, Recr eational Activities
conservation of resources, wild life preservation.
Contents
Paper: Teaching o f Work Experience
Unit 4: Environmental sanitation/cleanliness —
Practical Work: Suggested Essential Work need, significance and management of safe
Experience activities drinking water, sanitary facilities, heat, light and
Looking after environmental programmes such as ventilation.
removal of garbage, digging of drains and soakpits Paper: Community Work
for draining out stagnant water and weeding of
unwanted vegetation. Contents

Paper: Teaching o f Work Experience Unit 1: Campus beautification — cleanliness,


plantation and gardening.
Practical Work: Identification o f trees and tree
plantation. Primary Teacher Training, Syllabus, F irst Year,
Karnataka
Primary Teacher Training Curriculum (One Year),
SCERT, Assam , 1996 Paper: Teaching o f General Science
Paper: Education and the Changing Society Methodology
Contents Unit 4.1 The concept of Environmental Science and
its scope.
Unit 3 : Ten core elements in Curriculum.
Unit 5 : Environm ental awareness, factors SECONDARY TEACHER EDUCATION
responsible for environmental pollution and
remedial measures; sanitation, plantation, Sch em e o f C o u rse s f o r B .E d . E x a m in a tio n ,
afforestation, preservation of wild life etc. Kurukshetra University, 1997-98

Paper: Social Studies Paper: Education in the Emerging Indian Society


248 FUNDAMENTAL DUTIES OF CITIZEENS

Objective: Define environmental pollution and Unit 10 Environmental awareness and rmove-
establish its relationship with education. ments against environm em tal
Contents degradation.
Paper: Content and Methodology ofTeaching Naiturai
Unit 5 • Education in relation to the problems Sciences (Elective)
of environment and population.
• Components and effects of Unit 10 Ecology, conservation and environmeental
environmental pollution, methods of education.
improving and role of teacher. Paper: Innovation, Trends and A p proa ch es in
Commerce
Paper: Teaching of Social Studies
Unit 10 Population and environmental issuees.
Objective: Natural resources o f India.
Contents: Natural resources o f India. Practical Work
• Fundamental Principles of Environmental
P t Ravi Shankar Shukla University, Raipur, B.Ed. programmes such as removal of garbiage,
Syllabus, 1993-94 digging of drains and cleaning of unwainted
Paper: Principles and Practices o f Ekiucation things.
Unit 4 Nutrition, health education and • Cleaning the classroom including the garderu and
environmental sanitation. playground.
Paper: Population Ekiucation • Tree plantation.
Unit 4 • Health and nutrition of school chil­
Syllabusfor the Degree o f Bachelor o f Ekiucation,
dren.
Dibrugarh University, Dibrugarh, 1992-93
• Small family, family life education and
family welfare. Paper: Education in Emerging India
Unit 8: State of the environment, the causes of
S y lla b u s f o r B a c h e lo r D e g r e e , A n n a m a la i environmental degradation, environment
University, 1998-99 and development and protection of
Paper: Education in Indian Society environment.
Unit 10 (ii) Environmental education, effects of Unit 9: Population pressure and environment.
technological experimentation on the environment ,
deforestation and its impact on environment, BOOKS
ecological principles.
Paper: Population Ekiucation Teacher and Ekiucation in the E m erging
Indian Society (Elem entary Teacher
Unit 8 Importance of proper and healthy natural Education), NCERT, N ew Delhi, 1988
environment, its preservation and protection.
This duty is not reflected.
Paper: Environmental Ekiucation (Elective)
The Teacher and Education in Em erging Indian
Objectives: • To create an awareness among
Society, NCERT, New Delhi, 1983
students regarding its preservation.
This duty is not reflected.
• To understand the relationship
between environment and human Education in Em erging India, J.C. Aggarw al,
life. Doaba House, Delhi, 1994

• To orient the learners to safeguad Chapter 9: Problems o f Elementary Education in India


natural resources and conserve
The chapter deals with the universalisation of
them.
elementary education, its enrolment and retention.
Unit 1 Environment — definition, causes of While discussing the UNESCO projects concerning
environmental problems. elementary education, the importance of health
FUNDAMENTAL DUTIES IN TEACHER EDUCATION 249

education and environmental sanitation has been part of the current trends in teacher education.
emphasised. The project was undertaken in about Its study w ill develop a favourable attitude
100 primary schools in various States and curricular towards a small fam ily norm and create an
materials on nutrition, health and sanitation habits awareness in them about the consequences of
were prepared. It is obvious that protection of over population. The over- population results in
environment is implied in the project. the pollution of environment which needs to be
preserved.
Chapter 12: Environmental Education
This chapter describes the various aspects of Modern Educational Psychology, D ibakar Kundu,
environmental education. It states that there are two A rya Book Depot, New Delhi, 1991
types of environment namely, natural environment
and social environment. The environmental education Chapter 7: Environment
relates to education about the environment, its The chapter discusses that the process o f
preservation and protection. Its importance in the learning and growth is possible only through
school curriculum has been emphasised. It also interaction with the environment. It states that
discusses the role of the teacher for creating environment means all those physical and social
awareness about environment in the students. factors that affect the development of the child.
Chapter 15: Population Education It has also been ex p la in ed th at w ith o u t
interaction with the environment learning is not
Population education, its need in the context of Indian
possible. It is, therefore, the duty of the society,
situation and suggested programmes have been
parents and teachers to expose the children to
presented in this chapter. It discusses the relationship
stimulating environment.
of population growth with social and economic
development. Its effect on environment, health,
The Teaching o f Social Studies, S.K. Kochhar,
nutrition and sanitation has also been discussed.
Sterling Publications, New Delhi, 1999
Principles o f E ducation, Shaligram Tripathi, Chapter 2: Aims and Objectives
Venkatesh Prakashan, 1993
One of the instructional objective of teaching social
This duty is not reflected.
studies in primary classes is that the students should
Teacher Eklucation, D r R. A. Sharma, Loyal Book have understanding of the physical resources like
Depot, Meerut, 1997 soil, water, forests and minerals because man needs
these resources for his survival and it is his duty
Chapter 5: Current Trends in Teacher Eklucation
to conserve them and put them to the best possible
P op u lation ed u c atio n h a s b e e n in clu ded as use.
Fundamental Duty 51 A (h)

To develop scientific temper, humanism


and the spirit o f inquiry and reform.

ELEMENTARY TEACHER EDUCATION Paper: Art Ekiucation


Elementary Teacher Ekiucation Syllabus, SCERT, Objective: To develop the quality of observatiion,
Delhi imagination, creativity, reasoning and disciplinee of
mind.
Paper: Philosophical Perspectives o f Education
Unit 3: Major Schools of Philosophy and their Prim ary Teacher Training Syllabus, First Yeear,
Educational Implications Karnataka
Humanism Paper: Teaching o f Social Science (Civics)
Paper: Teaching o f Environmental Studies Contents
(Science) (I)
Unit 3.4 National problems — superstitiion,
Unit 1: Nature of EVS (Science). linguistic fanaticism, dowry, untouchabiliity,
Scientific attitude and its development ignorance, etc.
Paper: Teaching o f Environmental Studies (Social Paper: Teaching of General Science
Studies) (I) Objectives: To develop spirit of inquiry a n d
Unit 2: Teaching Methods and Techniques reasoning.
Enquiry method Methodology
Paper: Teaching o f Environmental Studies
Unit 4.1 Impact of science on society — scienltific
(Science) (II)
temper, attitude and method — their development
Unit 2: Nature and Scope in children.
Scientific attitude and scientific temper.
Primary Teacher Training Syllabus, Second Yeear,
Karnataka
Primary Teacher Training Curriculum (One Year),
SCERT, Assam , 1996 Paper: Current Problems o f Primary Ekiucation
Paper: Education and the Changing Society Unit 3.6(v) Educational projects and action
research.
Unit 3: Ten core elements in Curriculum.
Paper: Education Management and School O rg­
Paper: General Science
anisation
Objective: To develop scientific attitude/temper.
Unit 2.9 Development of teacher competency
Consents: Life of eminent Indian scientists; C.V. through participation in projects, innovation .and
Raman, J.C. Bose, H.J. Bhaba, etc. action research.
FUNDAMENTAL DUTIES IN TEACHER EDUCATION 251

Pajper: Population Education Contents


lUait 2.4.1 Superstitions and beliefs in the Indian U n it 1 : Developm ent o f intellectual,
Ifanilies. communication and skills conducive to human
Pa]per: Education in Human Values relations.
TUnit 2 Human values and organisation of the Paper: Home Science
eer.tire work through them.
Objectives

SECONDARY TEACHER EDUCATION • To help students to develop a scientific attitude.


• To develop ability to undertake investigatory
S c heme o f C o u r s e s f o r B .E d . E x a m in a tio n ,
projects and action research.
Kutrukshetra University, 1997-98
Contents
Paper: Education in the Emerging Indian Society
Unit 3 Analysis of Home Science syllabus and
Unit 3: Role of the teacher in bringing social unit planning to critical state of a Home Science
change. textbook.
Paper: Essentials ofTeacheing Learning
Unit 5: Action research and its use for behaviour S y lla b u s f o r B a c h e lo r D e g r e e , A n n a m a la i
modification of teachers. University, 1998-99

Paper: Teaching o f Hindi Paper: Eklucation in Indian Society


Practical Work: To undertake a project on action Unit 8: Moral instructions, code of conduct for
Research, to prepare a diagnostic test and take teachers.
remedial teaching. Practical Work : Different values developed by
Paper: Teaching o f Mathematics any one subject taught at the school level.
Paper: Teacher Eklucation (Elective)
Contents
Unit 8: Preparation for profession, code of
Unit 3: Value of teaching Mathematics including conduct, professional organizations of
reasoning and scientific method. teachers.
Paper: Teaching o f Life Sciences Paper: Content and Methodology o f Teaching
Unit 7 Identification of problems in Life Sciences. Physical Science
Unit 8 Professional growth of the Life Sciences Unit 10: Action research problems in teaching,
teacher. quality of the science teacher, role of NCTE.
Paper: Teaching o f History Paper: Content and Methodology o f Teaching
Objective: To comment upon the concept of time Botany
and space and ways to develop these concepts. Unit 3: Scientific method — scientific attitude.
Contents: History and current affairs, their value Paper: Content and Methodology o f Teaching Natural
selection. Science
Unit 4: Scientific method — scientific attitude.
Pt Ravi Shankar Shukla University, Raipur, B.Ed.
Syllabus, 1993-94 Paper: Content and Methodology o f Teaching
Zoology
Paper: Mathematics
Unit 3: Scientific method — scientific attitude.
Unit 3 Analysis of mathematics syllabus. Paper: Innovation, Trends and Approaches o f
Unit 5 Analysis of mathematics text books. Teaching History
Paper: Commerce Unit 9: The problems of value judgment and
Objective: To develop ability to analysis, criticize objectivity in History.
and evaluate the existing curriculum and text books Unit 10: Innovative practices and research in the
and to improve upon them. teaching of History.
252 FUNDAMENTAL DUTIES OF CITIZEBNS

Syllabusfor the Degree o f Bachelor o f Education, Indian culture and the positive gains derived frrom
Dibrugarh University, D ibrugarh,1992-93 it, it would be a mistake to ignore the negaative
consequences of the social system outlined aboove.
Paper: Secondary Ekiucation and the Teacher Feudalism, that dominated the Indian society ftfor a
Unit 6 • Research and experimentation — long time, kept a large majority of people ignorrant
meaning and importance of action and poor, who had to live a sub-humane life. TThey
research. suffered from all kinds of superstitions and fatalidsm.
• Identification of problems in the Unit 2.3 The Present Socio-Political Scene
school and solving specific problems
Secularism implies an attitude of mind and a \way
through action research.
of life based on looking on the phenomernon
Paper: Teaching o f General Science scientifically and rationally. A secularist is prrone
Unit 4 Life and work of the following Indian to base his judgem ents on an im parrtial
Scientists: examination of the available evidence, rather tlhan
on his prejudices caused by his affiliation tto a
i) Homi Jahangir Bhaba
particular social group — caste, religion or region.
ii) P.C. Ray
Section II: Challenges of Ekiucation
iii) J.C. Bose
iv) Salim Ali The presentation of content, particularly in the
context of societal concerns/fundamental duities
v) C.V. Raman
highlights the following:
vi) Hargobinda Khorana
Education as a moral enterprise is of gireat
vii) Meghnad Saha
importance to the growth of democracy.
BOOKS There is some content in the textbook emphasising
‘scientific temper and humanism’. However, tliiere
Teacher and Ekiucation in the Emerging Indian
seems to be no reflection of 'scientific inquiry’ ini the
Society, (Elem entary Teacher Education),
text. While discussing the ‘Impact of Gandhian Vallues
NCERT, New Delhi, 1988
on the Emerging Indian Society’ in Unit 1-4, the text
Section I: The Indian Society elucidates that Gandhiji wanted to make an individual
Chapter I: Free India — The Emerging Indian a humane person in preference to an intellectual giiant.
Society
The Teacher and Education in Em erging Indlian
Unit 1.2.3: Secular Ideals o f Free India Society, NCERT, New Delhi, 1983
This unit elaborates secularism from the Indian
point of view. This concept stands for respect Section I: Values o f the Emerging Indian Society
towards all religions. In a secular state, moral Lesson 1.5: The Concept o f Secularism
education forms a part and parcel of all educational
programmes.. Secularism stands to strive for such The lesson deals with concept of secularism. It states
as education for love, education for tolerance, the that secularism develops a rational and moral
education for truth, education for peace and outlook and fosters scientific spirit by emphasi sing
education for reverence. objectivity, inquiry and freedom. The lesson also
describes how secularism has helped in improving
Unit 1.3 Values Cherished in Free India life in India. It glorifies material needs and promotes
If education is concerned with the well being of reverence for earthly life, without rejecting spiritual
human beings, then education has to deal with values.
the teaching of values. Only then our children
will be able to create values for the good of any Lesson 1.6: Modernisation and Tradition
individual and for the welfare of the society. Modernisation and tradition have been discussed in
Chapter 2 The Contemporary Indian Society this lesson. The concept of modernisation, its
attributes and traditional and modern Indian values
Unit 2.1 Socio-Cultural Heritage o f the Indian have been presented. Modernisation represents
Society application of technology in the process of national
While we should appreciate unity in diversity of the development and of new knowledge to the human
FUNDAMENTAL DUTIES IN TEACHER EDUCATION 253

afffairs and behaviours. The social behaviour of man Section HI: The Teacher and Social Change
according to Indian traditional values is controlled
Lesson 3.2.2.: Moral Eklucation
by beliefs and values like ‘Karma’ and ‘Dharma’. The
modern values have led to the social and religious It has been stated that moral education aims at
reforms eind change in the outlook of the people such developing qualities such as being punctual, honest,
as equality, national outlook, secularism, universal truthful, non-violent, responsible, kind and devoted
ediucation and above all national development. to duties. Such qualities lead to the development of
humanism in an individual and also develop spirit
Lesson 1.7: Adaptive Demands o f Modernisation
of reform and taking decisions.
Adlaptive demands of modernisation have been
explained in this lesson. It highlights the relationship Lesson 3.2.10: Socially Useful Productive Work in
between education and modernisation. The various Eklucation (SUPW)
aspects o f life affected by the technological SUPW is based on the social philosophy of humanism,
developments and the role played by education have equality, secularism, and self-discipline. It makes
been analysed. It states that technology has included children sensitive to the needs, aspirations and
the application of scientific discoveries in industry problems of the society and encourages these to find
replacing human and animal power by mechanism solutions to them.
and in ecological arrangements from the village to
urbanisation. Modern society demands, on the part Education in E m ergin g India, J.C . Aggarw al,
of the individual, adoption of new values, attitudes, Doaba House, Delhi, 1994
skills and motivations. The modernisation involves
a change in traditional social order and the value Chapter 3: Emerging Future
system. The aim of education is, therefore, to strike In discussing the emerging future and India’s
a balance between the modern and traditional values modernization, the chapter mentions about the need
through imparting of knowledge and development of of harmony between science and spirituality as one
proper interests, attitudes and values. Education dimension of education. The pursuit of material
should prepare a person who can independently has affluence should be harmonized with the higher
capacity to think and judge for oneself merits and values. Therefore, the concept of harmony between
demerits of an action. science and spirituality is of special significance for
Section II: Education and Indian Social Order Indian education.

Lesson 2.4.8: Education and Social Transfor­ Chapter 4: Education and Society
mation: Eklucation and Scientific and The chapter deals with the relationship between
Technological Growth. education and society in the context of
The lesson deals with education and scientific and their meaning, functions and chief characteristics.
technological growth in India. While discussing While discussing education for human resource
education, it has been explained that the essence of development it refers to the Education Commission
education curriculum should emphasise under­ (1964-66) which says that there could be no hope
standing of the immediate environment. The spirit of o f making the country self-su fficien t unless
Scientific inquiry and thinking has to be emphasised the farmers use the latest techniques based
more than memorisation of scientific facts. on science education. The experimentation and
scientific temper should therefore be encouraged in
Lesson 2.4.1: Education and Social Transforma­ education.
tion : Religion, Caste and Tribe
Chapter 11: Fostering Scientific, Secular and Moral
This lesson is devoted to the education and social
Values
transformation in the context of religion, caste, and
tribe. A question has been raised as to how far The chapter emphasises the need for fostering
education has helped in eliminating disparities, scientific outlook amongst students. Scientific
supersitions and conflicts arising on the basis of caste outlook can be developed among students through
find creed. It is observed that modem education lays various techniques, for example, the inquiry approach
stress on secularism, rationality, scientific outlook can be used to develop scientific temper. The chapter
and humanism. The people are now more liberalised also discusses the need for synthesis between
in their beliefs, values and prejudices. scientific and secular outlook. Both scientific and
254 FUNDAMENTAL DUTIES OF CITIZEfNS

secular outlook may be inculcated by making process of modifying the behaviour. Education and
education secular but based on science and psychology therefore deal with human behaviour aand
technology. its modification through learning. It has been staited
that psychology is far from a catalogue of
Prin cip les o f E du ca tion , Shaligram Tripathi, prescriptions which tells the teachers ‘how to teaich’
Venkatesh Prakashan, 1993 or the administrator how to administer. The roke of
the teacher is to help the learner to change his
Chapter 2: Aims o f Education
behaviour in a desirable direction and the teaciher
2.17 : E ducation f o r International Under­ acts as an active informer into the validity of his
standing procedures. The procedures are based on certain
Under the fundamental duty (h), emphasis has been hypotheses which are tentatively applied to certtain
laid on the value o f humanism. Through the situations. Such procedures develop a scientific
inculcation of the value of humanism, one can thinking in a person.
promote international understanding among nations Chapter 9: Learning
of the w orld. The unit defines nationalism ,
internationalism, the efforts made for promoting It has been explained in the chapter that the leamiing
international understanding and the educational is a product of development and experience. It also
programmes which should be included in the explains the difference in the knowledge and conc<ept.
curriculum to develop international understanding. The development of problem solving ability in a person
is developed due to the acquisition of knowledge
Teacher Education, D r R. A. Sharma, Loyal Book enabling him to use the process of application to ffind
bep ot, M eerut, 1997 solutions to the problems which one faces in life or
will face in future.
Chapter 11: Action Research
Chapter 12: Personality
Action Research should also be a part of the teacher
education curriculum which is expected to develop a While discussing personality measurement it has
critical mind and scientific temper. It is expected that been stated that in order to study the personality of
scientific and objective attitudes would be developed a person, we need to get information about Ihim
towards the problems of teaching. The discussion elaborately by using a number of objective techniqiues
bn action research explains the meaning of action like interview, case study, inventory, rating scale,
research, its historical development and method of constitutional tests and projective techriique. Such
conducting action research. The author has also exercises help in the development of scientific tem per.
described as how to analyse data and write the report
of action research for improvement of his / her The Teaching o f Social Studies, S.K. Kochtiar,
teaching. Sterling Publications, New Delhi, 1999
Chapter 2: Aims and Objectives
M o d e m Educational Psychology, Dibakar Kiuidu,
A rya B ook Depot, N ew Delhi, 1991 Instructional objectives stated for the development
of skills and abilities in the teaching of social studies
Chapter 1: Educational Psychology —Its Nature, in middle and secondary classes emphasise that the
Scope and Function skills in critical thinking, in recognising bias,
While discussing the value of educational psychology, weighing evidence, recognising ahd resisting
it has been stated that the educational psychology is propaganda and arriving at independent judgement
a study of human behaviour and education is the need to be developed among students.
9
Fundamental Duty 51A (i)

To safeguard public property and to abjure violence.

ELEMENTARY TEACHER EDUCATION BOOKS


Elementary Teacher Education, Syllabus, SCERT, Teacher and E ducation in the Em erging Indian
Delhi Society (Elem entary Teacher EducationJ,
NCERT, New Delhi, 1988
Paper: Philosophical Perspective o f Education
Unit 3: Contemporary Indian educational thinkers, Section I : The Indian Society
their contribution in the field of education. Unit 1.2. National Goals as Embodied in the
— Mahatma Gandhi. Indian Constitution
Paper: Teaching o f Work Experience (i) While discussing the pivotal values vis-a-vis
democracy in Unit 1-2, emphasis has inter alia
Practical Work: Cleaning the classroom and been given on civic responsibility. The
institution including playground, maintenance of the Fundamental Duty to safeguard public property
institutional building and playground. is subsumed under civic responsibility. It is
Paper: Teaching o f Work Experience (ii) obvious that reflection of this Fundamental Duty
in the textbook is inadequate.
Practical Work: Cleanliness Eind maintenance of the
classroom and school premises. The Teacher and Education in Em erging Indian
Primary Teacher Training Syllabus, Second Year, Society, NCERT, New Delhi, 1983
Karnataka Section HI: The Teacher and Social Change
Paper: Educational Management and School Lesson 3.2.11: Student Unrest
Organisation
The problem of unrest among students in India,
Unit 3.4: Discipline, its meaning and importance, understanding the factors responsible for it eind
causes of indiscipline and measures to achieve self- taking suitable action for overcoming this problem
discipline. have been discussed in this lesson. It points out
that the student unrest is a state of disturbance in
SECONDARY TEACHER EDUCATION the form of agitations and other aggressive behaviour.
The factors responsible for this may be such as lack
Schem e o f C o u rs e s f o r B .E d . E x a m in a tio n , of social security, materialistic attitudes, social
Kurnkshetra University, 1997-98 inequality and uncertain future prospects leading to
Paper: School Organisation frustration. Sometimes political patronage also leads
to student unrest. The educational factors causing
Unit 4: Discipline — causes, preventive and student unrest are such as irrelevant curriculum and
remedial measures. methods of teaching, outmoded policies and
256 FUNDAMENTAL DUTIES OF CITIZEBNS

programmes, defective examination system and mal­ Teacher Ekiucation, D r R. A. Sharma, Loyal Bdooh
administration. It is, therefore, necessary that these Depot, Meerut, 1997
factors are removed. For instance, administration This duty is not reflected.
may be made humane and democratic, the teachers
take initiative for solving students’ problems Modern Educational Psychology, Dibakar Kum du,
and political parties stop interfering in education. Arya Book Depot, New Delhi, 1991
There is a need to inculcate self-discipline among
This duty is not reflected.
students.
The Teaching o f Social Studies, S.K. Kochlhar,
E d u ca tion in E m erg in g In dia, J.C. Aggarw al,
Sterling Publications, New Delhi, 1999
D oaba H ouse, D elhi, 1994
This duty is not reflected. Chapter 2: Aims and Objectives
The attitude of willingness to share responsibility, to
P rin cip les o f Ekiucation, S h aligram Tripathi,
preserve personal and government property andi the
Venkatesh Prakashan, 1993
natural resources of the country need to be develcoped
This duty is not reflected. among students.
10
Fundamental Duty 51A 0)

To strive towards excellence in all spheres o f individual


and collective activity so that the nation constantly rises
to higher levels o f endeavour and achievement.

ELEMENTARY TEACHER EDUCATION Unit 7 School Climate


Elem entary Teacher Education, Syllabus SCERT, • Teachers’ role in moral development
D elh i interpersonal relations.
Paper: Sociological Perspective of Eklucation
Primary Teacher Training Curriculum (One Year),
P ra c tic a l Work: Participation in community SCERT, Assam, 1996
programme and preparation of report thereon
Paper: Social Studies
Pa per: Teaching o f Environmental Studies (Social
Studies) (I) Contents

Unit 4 Content Enrichment Unit 9 C ontribution o f follow ing eminent


National goals and national identity. personalities towards Indian Society :
Paper: Education o f Children with Disabilities • Krishan Kanta Handique
Unit 5 Identification and utilisation of community • Annie Besant
resources • Raja Ram Mohan Rai
Practical Work: A visit to a special school for disabled • Dr B.R. Ambedkar
and preparation of report on the visit. Each student
teacher is expected to attain working knowledge of Prim ary Teacher Training Syllabus, F irst Year,
the special appliances for disabled e.g. Braile slate Karnataka
and stylus, abacus, taylor frame etc. Paper: Health and Physical Eklucation
Paper: Non-Formal and Adult Eklucation
Part B: Physical Education
Practical Work: Development o f motivational material
7?o visit one AE/NFE centre and to prepare a case Objectives: To develop qualities of self-confidence,
study of AE/NFE learner of your area. leadership, courage, sportsmanship, co-operation,
team spirit, social adjustment and character.
Paper: Value Education
Unit 6 Approaches, Strategies and Methods of Practicals
Value Eklucation. Unit 3 Yogasanas, recreational activities, games,
• Community service, community plays, songs,project work, flag hoisting.
development. National Anthem etc.
258 FUNDAMENTAL DUTIES OF CITIZEWS

Prim ary Teacher Training Syllabus, Second Year, Education : An introduction of social change.
K arnataka
The presentation of content, particularly in the
Paper: Principles of Education context of societal concerns / fundamental duities
highlights the following :
U nit 2.4 Great educators like Rabindra Nath
Tagore and Mahatma Gandhi. Education gives direction to human development
Paper: Current Problems of Primary Education through an educative agent.

Unit 3.7(v)National Policy on Education and Education is a bases for success of democrracy.
Programme of Action and other schemes for As such it must have its aim as education i for
improvement of primary education. human development.
Paper: Educational Management and School Three essential aims of elementary education arre :
Organisation • development of scientific temper,
Unit 2.3 National Policy on Education. • development of self concept, and
Unit 3.2 Professional ethics and accountability
of teachers to students, parents, society and the • development of the concept of work
nation. Numerous factors like voluntary acts of great nnen,
technological advancement, mass media, effortfs for
S ylla bu sfo r the Degree o f Bachelor o f Education, cultural diffusion and researches contribute to) the
Dibrugarh University, Dibrugarh,1992-93 phenomenon of social change. Numerous effecits of
Paper: Education in Emerging India
change are visible after attainment of independence
in political, economic and social aspects of Inidian
Unit 3 M odernization o f India including society.
futurology and education.
Unit 6 Education and Human Resource The Teacher and ISducation in Em erging Intdicm
Development, Evolution of National Society, NCERT, New Delhi, 1983
System of Ekiucation and National Policy
of Education. This duty is not reflected.
Un it 9 Promotion of small family.
E ducation in Em erging India, J.C. A gg a rw a l,
Paper: Secondary Education and the Teacher Doaba House, Delhi, 1994
Unit 9 Concept of professional ethics,
Chapter 3: Emerging Future
dim ensions of ethics and teacher
accountability. In this chapter the book presents India as a
Paper: Teaching of Mathematics modernizing nation. It states that Article 45 o f the
Constitution provides for free and compulsory
Unit 2 Contribution of Indian Mathematicians education for all children until they complete th e age
• Bhaskaracharya of 14 years. It also states that every State shall
• Aryabhatta endeavour to provide adequate fa cilities for
instruction in the mother tongue at the primary stage
• Ramanujam of education, particularly to children belonging to
linguistic minority groups.
BOOKS

Teacher and Education in the Em erging Indian Chapter 5: Education and National Development
Society (Elementary Teacher Education), NCERT,
The chapter discusses the role of education in
New Delhi, 1988
national development. It refers to the Education
Section n : Challenges of Education Commission (1964-66) which observed that in a
world based on science and technology, is education
This section focuses on the following : system that determines the level of prosperity, welfare
Ekiucation : A conservative and creative force of and security of the people.
Indian Society, The national reconstruction will depend on the
FUNDAMENTAL DUTIES IN TEACHER EDUCATION 259

quality and number of persons coming out of Chapter 10: In-service Teacher Eklucation
our schools and colleges. The chapter also refers
In-service teacher education has been defined as
to the National Policies on Education, 1968 and
those activities and courses which help in
1986. It points out to the problems of excess,
strengthening the professional knowledge, interests
quality, quantity, utility and financial outlay
and skills of serving teachers. The significant
earmarked for education over the years. It emphasises
components of training are development of favourable
that these problems need to be tackled with urgency.
attitude towards the profession, a code of conduct
Chapter 16: Mass Media in Education on ethics of profession and creating interest in the
teaching profession.
The mass media consists of the printed material like
books, newspapers, journals, radio, T.V. and satellite Chapter 19: National Policy for Teachers'Training
instructional television programme. Use of these The chapter deals with the various aspects of pre­
media can made to facilitate learning by students service and in-service education of teachers. It calls
and keep them up-to-date with latest developments for a substantial improvement in the conditions of
in the country and outside. Thus the mass media work and the quality of teacher education. The policy
helps in achieving excellence by individuals as well has also suggested some measures for improvement
as the society. of the status o f teachers along with teacher
Chapter 17: Information Technology accountability so that the quality of teacher education
in the country can be upgraded. The National Policy
The chapter on information technology describes its on Education places complete trust in the teaching
meaning, its history and how computers can be used community and, therefore, accepts that the teachers
in education for better and quick achievement. It should be accountable to the people, to the profession
states that computers not only motivate students to and to the community.
learn, they assist in sequential learning and realize
the goals early. The information technology is an As is evident from the above that the book review
important aid for the quick progress of an individual has not included material related to fundamental
and the nation. duties in a significant manner. There are some
references about only a few of them. There is no direct
Chapter 18: Teachers’ Professional Concerns mention of any duty in any of the chapters of the
The multifarious roles of a teacher have been book. It is, however, understood that this book is
discussed in this chapter. In this context, it widely used by the teacher education institutions.
emphasises the need for a code of professional ethics
and professional development of teachers. The M od em Educational Psychology, Dibakar Kundu,
agencies which organize programmes for professional A rya Book Depot, New Delhi, 1991
development and methods used by them are also Chapter 16: Creativity and Education
described. The teacher can never teach truly unless
The chapter discusses the meaning, nature, theories
he isstill learning himself, said Rabindra Nath Tagore.
and necessity for fostering creativity in students.
Creativity is the resultant process o f social
Principles o f Eklucation, Shaligram Tripathi,
transaction and is affected by the environment and
Venkatesh Prakashan, 1993
knowledge an individual has. It is a process which
This duty is not reflected. results in a novel work that is accepted as useful or
satisfying at some point of time. Creativity is a precious
Weather Eklucation, D r R. A. Sharma, Loyal Book and unique quality in man. It helps in the development
Deptt, Meerut, 1997 and progress of individuals and the society.
Chapter 5: Structure and Models of Teacher It is found that the book does not contain any
Eklucation significant material related to the fundamental duties.
The references made about the fundamental duties
The (oncept of Teaching Culture’ emphasises the role
(e), (f). (g). (h) and (i) are indirect to a large extent.
of th» school and the teacher in changing the society
havirg a deep faith in the process of democratisation.
The Teaching o f Social Studies, S Jt. Kochhar,
Hie teaching culture also means fostering creativity,
Sterling Publications, New Delhi, 1999
social understanding and inculcation of leadership
qualties among students and teachers. This duty is not reflected.
11
Suggestions and Action Points

On the basis of analysis of syllabi and books generally However, this approach has one disadvantage
used in teacher education institutions and outcomes also, as it may lead to fragmentation of variious
of seminars of teacher educators on the fundamental duties which will not present a holistic pictuire of
duties organised by the NCTE, the following all the duties together.
suggestions and action points may help create an
3. The nature of fundamental duties is such ithat
awareness among teachers about fundamental
they fall basically in the non-cognitive domiain.
duties.
In actual classroom situation the stress is on
1. Pre-service teacher education curriculum at inform ation and content rather than, on
elementary and secondary levels may be revised development of attitudes and values. It nnay,
in the states and universities to incorporate therefore, be argued that mere incorporation of
fundamental duties and their implications. The Fundamental Duties in the teacher educaition
NCTE and NCERT may prepare detailed curriculum may not serve the purpose. Since the
guidelines for the states and universities for whole question is linked to the larger issue off the
incorporation of fundamental duties in their quality of teaching and learning in general,
curriculum. Workshops at state and university teaching of Fundamental Duties should no>t be
levels may be organised by the NCTE to modify considered in isolation.
their curriculum for this purpose.
A strong opinion has, therefore, been expressed
It should be possible for the NCTE with the newly that it is not so important to provide knowledge
acquired status of a statutory body and also about the fundamental duties as it is their pnoper
with the continued support of the MHRD, operationalisation in the day-to-day life of
Government of India, to influence teacher teachers and students. In view of this, it is
education curriculum in different universities essential that a good number of co-curricular
in a more substantial way. Considering the activities which involve practical application of
autonomous nature of universities, effective fundamental duties will have to be organised to
mechanism needs to be evolved for bringing enable student teachers to internalise the spirit
about suitable changes in the teacher education of fundamental duties to help in development of
curriculum. favourable attitudes towards them and, to
practise them when required. Curriculum should
2. There can be two approaches to include the study
include identified activities to be undertaken in
of fundamental duties in the syllabus. One
teacher education institutions. A list of suggested
approach can be to add one comprehensive unit
activities is included in para 8.5(vi) of the Interim
on fundamental duties in a relevant paper such
Report.
as the ‘Education and Emerging Indian Society’.
The second approach could be to integrate 4. Modules on each fundamental duty may be
different fundamental duties with several papers prepared by the NCTE and NCERT. These
and units o f the syllabus. For instance, modules may include m aterial about the
fundamental duty (a) will be better placed with a meaning, importance, implications and methods/
unit on constitutional obligations and the techniques of implementation of both the aspects
fundamental duty (i) will be suitably placed in of knowledge and application including the
the paper on ‘Teaching of Social Studies’. evaluation. Fundamental Duties need to be
FUNDAMENTAL DUTIES IN TEACHER EDUCATION

concretised in educational and behavioural terms emphasise the need for teacher educators to act
to help teacher educators understand what as role models in this regard.
exactly they are supposed to do in this regard. 6. The District Institute of Education and Training
The NCTE may like to take an initiative on an (DIETs), Colleges of Teacher Education and
urgent basis in this direction. Institutes of Advanced Studies in Education
5. The NCTE and NCERT may organise orientation should incorporate in their orientation
programmes for key persons from the State programmes for in-service school teachers
Councils of Educational Research and Training a unit on fundamental duties with a proper follow
(SCERTs), Colleges of Teacher Education (CTEs) up and evaluation of outcomes. This unit may
and Institutes of Advanced Studies in Education include some practical activities also.
(IASEs) on the fundamen-tal duties. These 7. The NCTE may prepare some au dio­
institutions may then organise orientation video programmes on Fundamental Duties which
programmes for teacher educators at elementary may help in clarifying certain points more
and secondary levels to enable them to teach effectively in teaching these duties. These audio­
fundamental duties and to organise suit-able co- video programmes may be supplied to the teacher
curricular activities. These programmes should education institutions.
Annexure D

Fundamental Duties
in
Higher and Professional Education
Response of the University Grants Commission
to the Interim Report of the Committee
Constituted by the Suggestions to Teach
Fundamental Duties to the Citizens of the Country

1.0 Introduction academic inputs. Therefore, the UGC has taken


necessary action in several directions to develop
The University Grants Commission (UGC) is set up schemes, curricular and co-curricular as well as
by the Government of India to promote coordination experiential process. It must, however, be kept in
andl maintenance of standards in higher education. mind that the universities are autonomous bodies
The students, who enter the university system, have and, that, whatever is done by the UGC can be
alre ady completed twelve years of education under recommendatory with respect to both curricular and
various educational boards and, it is presumed, co-curricular activities.
therefore, that basic concepts of fundamental
righ ts and duties have been reinforced and 2.0 The Societal Context for Teaching
attitudinal change brought about at that level of
education. If the Committee has found lacunae
Fundamental Rights and Duties at
at this level, it would be in the fitness of things to the College and the University
brin g about curriculum change and teacher Levels
education at this level. Form the interim report of
The UGC has been very aware of the importance of
the Committee, this matter is clearly receiving their
higher education in nurturing the process of
attention.
development to adulthood and adult roles. Under
When the students enter the university at the “current Issues to be Addressed in the IXth Plan”, it
undergraduate level they are around the age of 17 to states:
18. This is the perod of adolescence when they have
However, education should be an instrumentality
strong idealistic impulses. At this stage, there is
for developing not only an economically prosperous
considerable questioning of values, a desire to change
society, but one which can live comfortably in the
the world and readiness to take action. Emotional
context of pluralism and democracy as also provide
energies yearn to be discharged through undertaking
for equity and social justice with respect to gender,
challenging activities which can release their
caste, class and creed. If we desire to maintain high
creativity and idealistic hopes. Hences, this is a very
ethical values in our public life, in the professions, in
apprpriate period to utilize they youthful energies in
business and foster the development of our rural
not only a passive book information process related
economy, which, in fact, absorbs the major population
to rights and duties but, in fact, to have an
of the country, very serious rethinking has to be done.
opportunity to question societal processes, identify
Our students have to be prepared to enter the world of
the issues and problems, reflect on the various
work as productive and responsible citizens, and as
strategies to work on them and to contribute to a
parents rearing our future generations. Our education,
change process through action.
therefore, has to take into consideration the three roles
Hence, at this stage of education experiential that adults play as citizens, workers and parents. {UGC,
learning needs considerable emphasis aside from 1990, IXth Plan, p.20)
266 FUNDAMENTAL DUTIES OF CITIZEENS

The IXth Plan goes on to state in its priorities the community and the various gromps.
Students need to be sen sitised to > the
If we accept that our national goal is sustainable
community through the extension education
development with equity and social justice in a
and outreach activities. (UGC, 1996, IXth IPlan,
pluralistic and democratic social order, the context
p.38)
of education and its relevance must be derived from
it and, in turn, education must become a very Given the above thrust of the IXth Plan ot>f the
important area of national planning and facilitated UGC, it is clear that making responsible citizerns is
to promote these goals. To that extent, education has clearly indicated in its philosophy and the actioms it
a mandate, as we move to the twenty-first century, has earlier initiated, and those it expects to iniitiate
to re-examine its relations with the social and would be in th£se directions.
economic order, and its relationship to the immediate
It is not that the recent upsurge in emphasising
community in which it operates. (UGC, 1996, IXth
human rights has led to abandonment of duties. In
Plan. P.31)
fact, this is an incorrect assumption which meeds
Specifically with respect to under-graduate clarification. Duties to our fellow human being's are
education, the IXth Plan has emphasised embodied at a philosophical level in our country^ but,
at the practice level, for centruries, there has been
Value education should be given emphasis. With
inequity in the social structure resulting im the
economic development, consumerism is on the rise.
exploitation of vast numbers of our populcation
Over the years, there has been a degeneration of
whether it be the socially deprived sections, women
values and the decrease of character and discipline.
or minorities. In a caste based hierarchical so>ciety
Transformation in human behaviour is required
coalescing with a feudal politico-economic system,
which can be achieved if value education increases
this was an inevitable reality. On the threshold of
sensitivity to society through foundation courses to
independence, our leaders recognised this reality , and
create the right set of values for human and
hence, the framers of our Constitution rightly
environmental interaction. To raise the students’ level
emphasised social justice, equality, respec't for
of consciousness, it is necessary to develop basic
pluralism and secularism, human dignity and
multi-disciplinary courses across departments and
equality in participation through a democratic siocial
faculties, both at the under-graduate and post­
structure. Therefore, one has to stress both rights of
graduate levels which, within the overall framework
the deprived as much as emphsising the dutiies of
of sustainable development and the social indicators
citizens. Both reflect two sides of the same coin. While
for raising the quality of life and human development,
sensitising students to the rights of the dispossessed,
discuss the issues of human rights, and the rights of
we are, in fact, teaching them, their duties as persons
the vulnerable gender and age groups (women and
belonging to relatively more advantaged groups, and,
children). These should be linked to our
in organising the dispossessed, we fulfil the mandate
Constitutional goals of distributive justice and equity
of our Constitution by empowerment. Hence , the
in a pluralistic, secular societv. The progress of
discourse on fundamental duties cannot be divorced
science should be seen in the context of these issues
from fundamental rights or else we do a disservice to
as also the contributions of the humanities and social
both.
sciences in promoting human development and social
change for striving towards societal goals. (UGC, It is this holistic view of rights and duties which
1996, IXth Plan, p.36) * provides the framework for the actions the UGC has
taken with respect to both curricular development
To further these aims, they have to be achieved
and co-curricular activities. What follows would need
not only through the curriculum, but as stated above,
to be seen in this framework.
also through experiential .process:
Extension, as a vital third dimension, must be
integrated into the programmes. Teachers and 3.0 UGC Programmes Related to
students must-be encouraged to engage in Article 51A
extension education and outreach in the field, 3 .1 Foundation Courses at the Under-graduate
to the community, particularly during their first Level (Particularly with reference to Article 51A-f)
two years of under-graduate programme.
Higher education should have an impact on During the seventies, the UGC stimulated the
FUNDAMENTAL DUTIES IN HIGHER AND PROFESSIONAL EDUCATION 267

universities to adopt a pattern of courses which would 3.4 Model Course


have —
The UGC also plans to develop a course, within
a) Foundation courses the framework of sustainable development, on
b) Core Courses the interplay between human rights, women
and child rights, environment and issues of
c) Applied Component equity and distributive justice.
The Foundation Course has components of Indian 3.5 Scheme of Epoch Making Social Thinkers of
history and culture which includes the Indian India: Buddha, Gandhi, Nehru and Ambedkar
heritage, the freedom movements in Asia and Africa, (Particularly with reference to Article 51A-b
and Gandhian thought especially on the issue of non­ and i)
violence and peace. Several universities have
implemented this suggestion. The purpose of this scheme is elaborated below:
India has produced some great thinkers and
3.2 Environment Course (particularly with social leaders, who by their revolutionary and
reference to Article 51A-g) path breaking thoughts and actions, have left
a lasting impact, not only on India, but on the
(a) The UGC has a Standing Committee on world as a whole. They have developed
environment. Several under-graduate indigenous ideas and have provided cultural
programmes in the universities have a course and ethical identity to India. There is a great
on environment, especially since it was made p€ed to acquaint the teachers and students
mandatory by the Supreme Court. Additionally, with their thinking and their work and to involve
the UGC has been supporting M.Sc. courses them in studies, research and field work based
on environment in the various universities. extension service programmes of constructive
Recently, the Standing Committee has been work.
reconstituted to make it multi-disciplinary with
an enlarged mandate for introducing The Indian University system owes its duty to
environment across various disciplines either the nation to conduct studies, research and
integrated in a subject or as a special subject. extension programmes which are pertinent and
apply to their ideas in the reconstruction of
(b) The Consortium for Educational Communi­ human society on moral, ethical and spiritual
cation, of the UGC, which co-ordinates the foundations for a non-violent society.
production of 17 media centres established in
In accordance with his rational approach to life,
universities in the various parts of the country
Buddha emphasised on the age of old concepts
has been emphasising environment in its
of non-violence and social justice and tried to
productions. Several films have been produced.
apply these concepts for the formation of an
It has executed them also on behalf of the
equalitarian society. Gandhi gave a social
Ministry of Environment and Forests. It has
dimension to the concept of non-violence and
organised a film festival entitled PRAKRTTI, with
demonstrated, both through his life and work,
focus ort environment, development and human
how it can be used as an instrument for fighting
rights.
injustice at all levels. Nehru contributed a great
3.3 Subject Panels deal to the application of non-violence for
resolving conflicts at the national, and more
The UGC has 28 subject panels to cover the so at the international level, as well as
span of subjects taught in the various faculties modernization of society with emphasis on
of the university. These Panels have been science and rationality. Ambedkar stressed on
conducting meetings with the Conveners of the the empowerment of the oppressed as a means
Boards of Studies. They have been requested of their release from exploitation and injustice,
to see how far human rights and environment which are social forms of violence against the
can be integrated in their course. oppressed.
268 FUNDAMENTAL DUTIES OF CITIZEJNS

The ideas of all these four thinkers have a requires operating at various levels such a;s (a)
framework of interrelated ideas which are spreading awareness, amongst masses, o f and
mutually supportive to each other and yileld about these rights and also their duty for
profound insights into the conditions of the respecting the rights o f others, (b) not conly
individual, his/her personal being, in socio­ creating awareness am ongst massses
economic and political life. particularly amongst weaker, poor, ;and
vulnerable groups but also imparting capacities
This scheme was promoted in several universities
and confidence in them to stand for protection
in the Vlllth Plan. It has been revised and additional
and preservation of their rights, (c) requiring
applications have been invited. It provides for library
many to shed away some of their prejudices
books, full-time and part-time courses, teaching
and reform some of the attitudes which are
support to other university departments, seminars/
derogatory of others’ dignity, (d) creating
lecture series, research/studies, and field work and
different kind of knowledge, innovating or
action program m es. The total non-recurring
reforming structures, methodologies and
expenditure is Rs.2,00,000 and recurring is
normative regimes., and imparting new skills
Rs.2,60,000 There is a Standing Committee headed
and competencies so that policy making, its
by an eminent scholar from the respective areas.
enforcement and realization become more
Environment is also one of the inputs in the sensitive to the demands of human rights
Orientation Course for teachers which it is mandatory culture, (e) establishing new structures of
for them to take within the first few years of their accountability and making existing modes of
appointment. These courses are conducted in 45 accountability more effective so that the State,
Academic Staff Colleges (ASC) in various universities its agencies and its personnel can be easily,
in India. Additionally, each of the ASCs has been effectively and meaningfully made responsible
provided with the entire episodes of the excellent for human rights violation on one hand and
series on environment termed as “Race to Save the can be made to internalize respect for these
Planet” to be used during the programme. rights on the other.(Human Rights Education,
UGC, 1998, p.4)
3.6 Schem e on Hum an Rights Education In Section 3.1 the Approach Paper emphasises
(Particularly w ith reference to •the need for respecting every member of society as a
Article 51A - e) distinct human being and welfare of every member
of the society - the two main fundamentals of Article
The UGC’s IXth Plan Approach Paper on Human
51-A and of Chapters III and IV of the Constitution.
Rights Eklucation (HRE) is the outcome of a year’s
serious deliberations amongst the members of its It has been recognized the world over, and also
Standing Committee comprising the expertise and substantiated by our own experience that
experience drawn from senior academia, professions, democracy, development, cultural pluralism
human rights and social activists, higher education and preservation of human rights are
administrators and NGOs amd a representative of interdependent. Democracy is not a mere form
NHRC. Though it does not directly allude to the of Government, it is a set of values and a way
fundamental duties contained in Article 51 -A of the of life that ensures respect for identity, choices,
Constitution, yet it cavers them all as elaborated in capacities and abilities of every human member
detail below. It stresses the essentiality and urgency of the society. Similarly, development is not
of furthering and promoting respect for these duties merely development of material resources but
amongst the citizens for evolving what the paper also of people, infrastructure and betternent
terms as “human rights culture’ and for achieving of quality of life of every member of society.
the true goals of democracy and development. It Thus, respect of every member of society as a
particular, reference may be made to Section 1.4 (c) distinct human being, and welfare of ivery
of the Approach Paper on Human Rights that human member, is the common core of both
incorporates some of the aspects of fundamental democracy as well as development. (Human
duties specified in clauses (a), (b) and (h) of Article Rights Education, UGC, 1998,p.6)
51-A.
Section 3.3 o f the Approach Paper unde'lines
The goal of evolving human rights culture the fundamental duties contained in Clauses (e), (b),
FUNDAMENTAL DUTIES IN HIGHER AND PROFESSIONAL EDUCATION 269

(e), l(f) and (h) of Article 51-A. This section highlights rights education is not only to expose these
the need to realize the positive social and cultural practices and lacunae and weaknesses in law
values of diversity rather than treating it as a source and its enforcement but also to re-examine the
Of conflict and requires that HRE help citizens imbibe existing laws in the context of human rights
the understanding, tolerance and respect for resulting in indirect violence. Human Rights
differences and diversities. Education has to be the catalyst in bringing
about attitudinal and social change. (Human
One of the greatest challenges of today’s time
Rights Education, UGC, 1998, p.8)
in pluralistic societies like India is the rising
conflicts and tensions in the name of Hence, the UGC’s Approach Paper is based on
particularistic loyalties to caste, religion, one’s holistic approach that requires HRE to address itself
own region or language. Such a situation is to evolving a culture that not only promotes respect
not accord with the concept of unity in diversity for rights but also make citizens internalize the
and poses a serious and threat to human rights importance of performing their duties towards others
as well as to principles of democracy and rule and the nation. Section 4,5,6,7, and 9 of the Approach
of law. It is imperative that people realize the Paper dealing with various aspects of implementing
positive social and cultural value of diversity HRE such as : Objectives and Startegies, Scope and
rather than treating it as a source of conflict. Broad Contents of HRE, Curriculum Development,
The human rights education must imbibe the Research, Field Action and Outreach, Training of
understanding, tolerance and respect for Teachers are based on the above mentioned holistic
differences and diversities. (Human Rights approach that views rights and obligations as the
Education, UGC, 1998, p.7-8) two sides of the same coin. It can fairly be stated
that the course of action suggested in these actions,
Similarly, S ec tio n 3.5 o f the A ppro ach P aper
if operationalized, would go a long way in evolving a
stresses the significance of fundamental duties
culture based not only rights but also one in which
specified in clauses (e), (h), (i) and (j) of Article 51-A
performing duties becomes the ground norms.
and poses a challenge for HRE to evolve strategies
and schemes for attacking attitudes detrimental to With a view to evolving various modules with
respecting others’ rights and helping members of the regard to curriculum development, teaching
society internalize more humane and egalitarian m ethodologies and faculty developm ent for
approach in their social relations. implementing the HRE agenda, the UGC has recently
conducted three major and rigorous workshops —
Establishm ent of human rights culture
one in the Institute of Advanced Studies, Shimla
demands elimination of all kinds of exploitation,
(October 1998), drawing the senior members of the
not at the hands of the State, but also by
academic community from different disciplines, the
members of civil society. Many times, members
2nd (November 1998) in Bangalore and the 3rd
belonging to civil society using their social
(December 1998) in Delhi. The Bangalore and Delhi
status use force and indulge into practices,
workshops were attended by members drawn from
which are derogatory to human dignity.
academia, NGOs, professionals and other expertise.
Em ploying bonded labour, practising
These workshops have led to certain concrete
untouchability, perpetrating Sati are some of
suggestions. The Annual Vice C h an cellors’
the examples that necessitate human rights
Conference held in December 1998, at Indore, also
education to evolve strategies and schemes for
devoted one of its 3 sessions on HRE and took a
attacking such attitudes and help members
holistic view particularly in emphasising the
internalize more humane and egalitarian
importance of rights — duty relationship and
approach in their social relations. Legal, social
highlighting the importance of making citizens aware
and economic/discrimination against woman
of their duties.
and her exploitation in different ways poses a
serious challenge. Prevalence of child labour The UGC is encouraging the universities and
in hazardous industries such as: fire works colleges to take HRE agenda seriously and has, in
industry, glass industry, stone crushing the recent past, provided financial and other kinds
industry speaks volume about system ’s of support to those who have come forward. HRE
insensitivity and lack of commitment to human Centres have recently been established in eight
rights in this country. The concern of human universities. These centres are multi-disciplinary and
270 FUNDAMENTAL DUTIES OF CITIZENS

maintain close linkages with community and various The Scheme for Development of Women’s Studies
NGOs working on the issues of women, child, socially in Indian Universities and Colleges states:
deprived, poor and others. Also, grants have been
The introduction of women’s studies in the
made to 77 colleges and universities to run the
higher education system was a miajor
workshops and hold seminars, symposia and other
achievement for women’s movement in Iindia.
activities taking the holistic view of HRE. Some of
Women’s studies were envisaged as playing an
these have been addressed or presided over by senior
interventionist role by initiating the gender
members of the judiciary, members of the NHRC, and
perspective in many domains in the generation
human rights activists. The University Grants
of knowledge; in the field of policy designi and
Commission has supported establishm ent of
practice.
Consortium of Educational Communication. One of
the major activities of this Consortium is to coordinate The Centres for Women’s Studies were designed
with various educational institutions for promoting to act as catalyst promoting and strengthening
and telecasting various programmes. The Consortium Women’s Studies through teaching, research,
can be used as a major input in spreading awareness action, field work and extension.
amongst students and other citizens of fundamental
In the last seven to eight years, the Centres for
duties.
Women’s Studies have carried out their work,
The programmes, such as Continuing and Adult not only in the above areas but in several other
Education, have played a significant role in spreading directions. They have been instrumental in the
not only literacy and awareness of rights amongst a incorporation of women’s studies in various
major sector of the community but could be tapped courses of teaching as well as facilitated
as a major source for spreading a culture of duty. research on socially relevant areas. They have
provided consultation to scholars, evaluators
Some of the Subject Panels constituted by the
for development projects, generated resource
University Grants Commission for determining the
material and documentation in the regions in
course contents have already started preparing for
which they are located, taken up counselling
inclusion of HRE component in the curriculum. The
eind established networking both within and
Law Panel, in its meeting held in Calcutta, in
outside the system (‘women’ Studies, UGC, p.3)
December 1998 has already decided to that effect.
The above clearly details the scope of the work of
The UGC has included human rights as a subject
the women’s studies both within and outside the
in its Orientation Course for Teachers. This course
university system. Some centres have taken up work
is attended by all teachers within the first five years
with wom en’s representatives in relation to
of their appointment as Lecturers. It is delivered
Amendment of the Constitution with respect to
through the 45 Academic Staff Colleges, established
Articles 72 and 73, among other activities outside
by the UGC, in various universities in India.
the university system, for empowerment of women
and training them on their responsibilities.
3.7 Education for Gender Equality (Particulrly
The Consortium for Educational Communication
w ith reference to Article 51A-e)
has produced a number of programmes, shown on
Within the context of our Constitution which Country-wide Classroom (DD-I) related to Women’s
ensures gender equality, the UGC has had a Scheme issues. The appendix carries a list of such videos.
of Women’s Studies for several years. In the IXth Plan, Under the caption of “CEC Programmes on Human
the scheme was revised and an Approach Paper Rights.” A 3 part series on women’s studies is also
prepaired.. There were 22 Centres in universities and included, as also on 30 per cent reservation in local
three Cells in Colleges at the end of the Vlllth Plan. bodies.
Jn the first half of the IXth Plan, the Centres in the To spread the philosophy and emphasis in
universities are being doubled. Removal of women’s studies, six centres have been identified to
discrimination against women, and raising the provide refresher courses.
level of awareness through various sensitization
processes, have been the focus of the Women’s A circular was sent to the universities on setting
Studies. up mechanisms for complaints on sexual harassment
FUNDAMENTAL DUTIES IN HIGHER AND PROFESSIONAL EDUCATION 271

was; sent much earlier to even the Supreme Court viewers, itself plays a major role in non-formal
Judlgment in view of some incidents involving education as the programme is seen especially in
students on campuses. It covers students, teachers smaller towns throughout India by a variety of adults
andl other women staff. It is enclosed for reference. and not only by students. It can prepare programmes
on the theme of citizens’ rights and duties.
3.8 Schemes for Non-Formal Education
(Terms of Reference No.V) 3.9 National Service Scheme (Particularly with
reference to Article 51A-d)
The UGC had established 103 Centres for Adult and
Conitinuing Education in various universities with The scheme has more than a million students
13 Modal Centres in universities to network with and enrolled in colleges. It has made a major contribution,
faciliitate their work. These centres were reviewed at not only in undertaking various campaigns and
the Ibeginning of the IXth Plan and non-functioning assisting at times of disaster, but it has affected the
centres were closed. With the IXth Plan Approach attitudes of the students as it has raised their level
Pap«er on a re-cast scheme of Adult, Continuing of awareness. Due to financial stringency, not all
Eduication, Extension and Field Outreach, additional students, who wish to enroll, are able to do so.
centres are being identified. This scheme aims at both
graduates of the system who return for new 3.10 Taking the University to the C o m m u n i t y
knowledge and skills as well as for those persons (Particularly with reference to
who would never hope to enter the university/college, Article 51A-d)
throiugh the provision of extension education and field
The social change role of universities has been
action programmes. It reaches out to disadvantaged
emphasised in the IXth Plan. The UGC has been
grouips through educational activities and taking
advocating that the teachers and students of
action with them on issues that affect their lives.
university departments undertake work in the field,
I either related to their own disciplines, as a part of
n the past, since the seventies, these centres have
beeru involved in the literacy movement and post­ the curriculum, or, as a co-curricular activity. This
literacy activities. As centres for adults, they have was reinforced at the Golden Jubilee of India’s
taken up issues related to human rights and concerns independence and again, later, at the Golden Jubilee
related to the exploitation and injustices of the various of the U.N. Convention on Human Rights. A list of
deprived groups with whom they worked. field based activities is enclosed. All these activities
Fundamental duties can be incorporated in their were to help students raise their level of
yvork. The concept of social and citizenship role consciousness and take responsibility for initiating
awareness is already incorporated as one of the areas action on a problem area in their neighborhood or a
of work. As stated earlier, they are two sides of the rural community.
same coin. These Centres have also been working
Latterly, we have developed a scheme on
with the people's representatives on issues related
University — Primary Education Linkages with a view
to their responsibilities.
to make the university responsible for
Besides these Adult Education Centres, the UGC universalisation of primary education and to make it
also has a programme on Population Education in relevant and qualitative through action initiated by
collaboration with the UNFPA. There are 17 teams of teachers and students. This scheme is in
Polpulation Education Resource Centres in the collaboration with the Department of Education,
universities which work with other universities Ministry of Human Resource Development.
assigned to them in their area. A programme extended
We have also assigned twelve teacher fellowships
to the colleges covers 1400 in Population Education
to the Lokshala Programme of the Bharat Jan Vigyan
Clubs. The university programme has been reviewed.
Jatha and Bharat Gyan Vigyan Samiti to free
It is now entering its third phase.
university teachers to work on issues in education of
The Consortium for Educational Communication, the disadvantaged. This exposure would feedback in
has also produced videos for Country-wide Classroom the classroom to provide the much needed
bn literacy which could include themes related to sensitization to students on the problems of the
fcitizens’ rights and duties. In fact, through the deprived and to engage them in the process to take
Country-wide Classroom, which is seen by 20 million action, even if some of them would do so.
272 FUNDAMENTAL DUTIES OF CITIZENS

In fact, the sum total of all the UGC programmes national level. They learn about each other’s folk ant
in the universities is to make a quality of Article 51A classical culture and share information.
(j) “To strive towards excellence in all spheres of
(b) Inter-University Home Stay
individual and collective activity so that the nation
constantly rises to higher levels of endeavor and The students from one Stage go to another and staj
achievement.” But for financial stringency, many of in one another’s homes.
these schemes would be available to a wider number
Both programmes are very well appreciated. Du;
of universities and colleges.
to limitation of funds, the number of participants o
home stay cannot be increased.
3.11 National Integration (Particularly with
reference to Article 51A) 4.0 Conclusion
The UGC has been sponsoring through the AIU, two The above note brings out the various thrusts of the
activities to encourage national integration. The UGC for developing in the academic community a
universities have increasingly become local in perception of their roles as citizens who must develop
character. To develop better understanding cross concerns for the disadvantaged and the deprived. It
language, culture and other social factors which make highlights the various avenues through which it is
for diversity in the country, the programmes bring sought to be achieved. It also points to the need to
students together and have succeeded in sensitizing do so, not only through the academic stream, as it
them to one another’s social and cultural context. should, but also through experiential means. It offers
The two programmes are: it through a way in which adolescents in the college
and young adults in the university can learn best,
(a) Inter-University Youth Festival
especially through raising their concerns and social
The AIU holds regional competitions on music, dance, consciousness in respect of persons less advantaged
etc. The winners compete with one another at the than them.
Annexure B

Environment Court Cases


Contents

SI. Court Case In the Matter of Page


No. No.
1. Buffalo Traders’ Welfare Association Slaughter House Idgah, Delhi 285
v. Maneka Gandhi (18.05.94) 1994
Supp (3) SCC 448
2. Akhil Bharat Goseva Sangh v. State Establishment of abattoir at 285
of Andhra Pradesh (25.10.94), 1995 Rudraram, Andhra Pradesh
Supp(l) SCC
370: 1994(7) JT 190: 1994(4)
Scale 721: 1995(1) UJ 260
3. M.C. Mehta v. Union of India Air pollution caused by 285
(3.12.93), 1994 Supp(3) SCC 717 industries in Uttar Pradesh
4. M.C. Mehra v. Union Preservation of Taj 285
of India (30.12.96), 1997(1) Scale 61
5. M.C. Mehta v. Union of India Lead free petrol in metropolitan 286
(9.5.96), 1996(4) Scale(SP) 70 cities
6. M.C. Mehta v. Union of India Pollution by stone crushers 286
(29.3.96), 1996(4) Scale(SP) 10
7. M.C Mehta v. Union of India Pollution at Agra due to diesel 286
(13.3.96), 1996(4) Scale(SP)4 generating sets
8. S. Jagannathan v. Union of India Pollution by aqua farms in 287
(9.5.95), 1995(5) Scale 208(1) coastal States and UTs
9. S. Jagannathan v. Union of Pollution of coastal areas by 287
India (9.5.95), 1995(3) Scale 737 aqua farms
10. Vellore Citizens Welfare Forum v. Right to clean environment 287
Union of India (28.8.96), 1996
AIR(SC) 2715: 1996(5) SCC 647:
1996(7) JT 375: 1996(6) Scale
194: 1996(7) Supreme 307:
1996(3) CLT 336(SC)
11. M.C. Mehta v. Union of Compensation to workmen in case 287
India (30.12.96), 1997(1) Scale 61 of closure of air polluting industry
12. M.C. Mehta v. Union of India Entitlement to wages to workers during 287
(15.7.96), 1996(5) Scale(SP) 14(1) closure of industry pending
installation of pollution control devices
13. S. Jagannath v. Union of India Coasted pollution due to shrimp farming 287
(1 1.12.96), 1997(2) SCC 87:
1997(1) JT 160: 1996(9) Scale 167
SI. Court Case In the M atter o f Pages
No. Not.

14. Indian Council for Enviro-Legal Non-compliance of notification 290'


Action v. Union of India (18.4.96), issued by Govt, on coastal
1996(5) SCC 281: 1996(4) JT 263: pollution
1996(3) Scale 579: 1996(3)
Supreme 741: 1996(3) AD(SC) 641:
1996(2) CCC 165(SC)
15. Indian Council for Enviro-Legal Damages for damage caused by 291
Action v. Union of India (13.2.96), 1996 industrial pollution
AIR(SC) 1446: 1996(3) SCC 212:
1996(2) JT 196: 1996(2) Scale 44:
1996(2) AD(SC) 544
16. Ajay Singh Rawat v. Union of Degradation of the natural lake of 291
India (9.3.95), 1995(3) SCC 266: Nainital
1995(3) JT 39: 1995(2) Scale 236:
1995(3) SCJ 245: 1995(1) UJ 817
17. M.C. Mehta v. Union of India Protection of lakes around Delhi by 292
(11.10.96), 1996(7) Scale 579: banning construction activities around
1996(8) Supreme 160: 1996(4) such lakes
CLT271 (SC): 1996(4) CCC
163(SC): 1996(8)
18. Pradeep Krishen v. Union of India Declaration of Sanctuaries/ 292
(10.05.96) 1996 AIR (SC) 2040: 1996 (8) National Parks — Failure to protect
SCC 599: 1996 these
19. Pradeep D. Prabhu v. State of Housing — Forest Land 293
Maharashtra (07.03.95), 1995
Supp (3) SCC450
20. T. N.Godavarman Thirzumulkpad v. Non Forest Activities — Running 293
Union of India Saw Mills
(12.12.96), 1996.
21. M.C.Mehta v. Union of India Ganga Action Plan 296
(07.08.96), 1996.
22. F.B.Taraporawal v. Bayer India Ltd. Right to life —Threat by hazardous 296
(09.09.96) 1996. industries.
23. M.C.Mehta v. Union of India Hazardous industries in 296
(15.03.96), 1996 West Bengali
24. M.C.Mehta v. Union of India Hazardous industries in Delhi 296
(15.3.96) 1996.
25. Indian Council for Enviro-Legal Industrial Pollution 296
Action v. Union of India (13.2.96),
1996 AIR (SC) 1446: 1996
26. Indian Council for Enviro-Legal Industrial Pollution — Establishment 297
Action v. Union of India (13.2.96), of industries
1996 AIR (SC) 1446: 1996
277

"I. Court Case In the M atter o f Pa ge


No. No.

27. Indian Council for Enviro-Legal Industrial Pollution — Damage to the 297
Action v. Union of India environment by Hazardous
(13.2.96), 1996 AIR (SC) 1446:1996 Activities.
28. Indian Council for Enviro-Legal Industrial Pollution —Environment 297
Action v. Union of India audit
(13.2.96), 1996 AIR (SC) 1446: 1996
29. Indian Council for Enviro-Legal Action Industrial Pollution —Environment 298
v. Union of India (13.2.96), 1996 AIR Courts
(SC) 1446: 1996
30. Indian Council for Enviro-Legal Action Industrial Pollution Damage to 298
v. Union of India (13.2.96) 1996 AIR Environment caused by
(SC) 1446: 1996 Hazardous activities.
31. Indian Council for Enviro-Legal Action Industrial Pollution — 298
v. Union of India (1 6.7.96), 1996 AIR compensation for pollution
(SC) 1446: 1996
32. M.C. Mehta v. Union of India Industrial Pollution — pollution 298
(28.2.96) by hazardous industry in Delhi
33. M.C. Mehta v. Union of India Industrial Pollution — pollution 298
(14.2. 96), 1996 by hazardous industry in Delhi
34. M.C. Mehta v. Union of India Industrial Pollution — foundries 298
(23.2.96), 1996
35. Vellore Citizens Welfare Forum Industrial Pollution —Pollutions by 298
v. Union of India (19.2.96), 1996 tanneries
36. M.C.Mehta v. Union of India Industrial Pollution — Hazardous 299
(08.07.96)1996 Industries
37. M.C.Mehta v. Union of India Industrial Pollution in Delhi — 300
(13.03 .96)1996 Revocation of hazardous industries
38. D.P.Bhattacharya v. West Bengal Industrial Pollution —hazardous 300
Pollution Control Board (21.03.96), industries and residential area
1996
39. M.C.Mehta v. Union of India Industrial Pollution — Hazardous 301
(24.4.96)1996 industries removal
40. M.C.Mehta v. Union of India Industrial Pollution — West Bengal 301
(26.04.96)1996
41- Indian Council for Enviro-Legal Action Industrial Pollution — Andhra Pradesh 301
v. Union of India (10.5.96)
42. M.C.Mehta v. .Union of India Industrial Pollution — Direction 301
(06.02.96)1996 to Pollution Control Board
43. M.C.Mehta v. Union of India Industrial Pollution — Direction 301
(02.2.96)1996 to Pollution Control Board
TV----------------------------------------------

SI. Court Case In the M atter o f P a gje


No. Nio.

44. F.M. Yamuna v. Central Pollution Industrial Pollution at Sonepat 30)1


Control Board (14.03.96)
45. Hariram Patidar v. Madhya Pradesh Industrial Pollution in Madhya Pradesh 30)1
Pollution Control Board (18.03.96),
1996
46. M.C. Mehta v. Union of India Industrial Pollution —Pollution at 30U
(14.03.96), 1996 Delhi (CETP)
47. M.C. Mehta v. Union of India Industrial Pollution — pollution in 30*1
(29.03.96), 1996 Bihar and West Bengal
48. World Saviors v. Union of India Industrial Pollution — Installation of 30 >1
(13.03.96) APCs
49. M.C. Mehta v. Union of India Industrial Pollution — Hazardous 30 1
(10.5.96), 1996 industries in Tamil Nadu
50. Vellore Citizens Welfare Forum v. Industrial Pollution — Hazardous 30 1
Union of India (28.8.96) industries in Delhi
51. Textile Processors Association v. Industrial Pollution — Direction for 30.'3
Chief Secretary, State of Gujarat closures
(04.01.96), 1996
52. M.C. Mehta v. Union of India Air Pollution — Lead free Petrol in 303
(09.05.96), 1996 metropolitan cities
53. M.C. Mehta v. Union of India Mathura Refinery — setting up of 303
(07.08.96), 1996 Hospital
54. Wasim Ahmed Saeed v. Union of Monuments — preservation 303
India (06.08.96), 1996
55. M.C. Mehta v. Union of India Industrial Pollution in Delhi 303
(24.03.95), 1995
56. M.C. Mehta v. Union of India Pollution — Burden of proof 304
(30.1.96), 1997
57. Rorokola Shramik Sangh v. Union Pollution — Equipment to control 304
of India (04.04.96), 1996
58. M.C. Mehta v. Union of India Pollution —Taj 304
(04.04.96), 1996
59. Vellore Citizens Welfare Forum v. Industrial Pollution —Tannery 304
Union of India (26.04.96), 1996 industries in Tainil Nadu
60. Vellore Citizens Welfare Forum v. Industrial Pollution —Tannery 304
Union of India (06.5.96), 1996 industries in Tamil Nadu
61. Vellore Citizens Welfare Forum v. Industrial Pollution — Tannery 304
Union of India (09.04.96), 1996 industries in Tamil Nadu
62. M.C. Mehta v. Union of India Pollution by stone crusheres 304
(12.01.96), 1996
279

SI.. Court Case In the M atter o f Page


No>. No.

63J. M.C. Mehta v. Union of India Pollution by stone crusheres 305


(10.05.96), 1996 (Haryana)
64.. M.C. Mehta v. Union of India Pollution in Agra 305
1996
65.. M.C. Mehta v. Union of India Pollution in Agra 305
(13.03.96), 1996
66.. M.C. Mehta v. Union of India Pollution in Agra 305
(13.03.96), 1996
67.. M.C. Mehta v. Union of India Pollution in Agra 306
(23.02.96), 1996
68.. M.C. Mehta v. Union of India Pollution — Mathura refinery 306
(10.04.96), 1996
69.. M.C. Mehta v. Union of India Pollution in Agra 306
(02.02.96), 1996
70.. M.C. Mehta v. Union of India Pollution in Delhi — construction 306
(01.03.96), 1996 of CETPs
71. M.C. Mehta v. Union of India Doctrines Precautionary Principle — 306
(30.12.96), 1997 Polluter pays principle
72. M.C. Mehta v. Union of India Preservation of Taj Mahal 307
(15.03.96), 1996
73. Indian Council for Enviro-Legal Action Coastal Regulation zone — 307
v.Union of India (09.03.95), 1995 Restriction /prohibition
74. Indian Council for Enviro-Legal Action Protection of coastal areas 307
v. Union of India (12.12.94), 1995
75. M.C. Mehta v. Union of India Service Law —Wages — Quantum of — 307
(30.12.96), 1997 Determination of Shifting of Air
Polluting Industries.
76. M.C. Mehta v. Union of India Relocation of air polluting 307
(30.12.96), 1997 industries
77. M.C. Mehta v. Union of India Service Law — Wages — 307
(30.12.96), 1996 Quantum of — Determination of —
Shifting of Air pollution industries.
78. M.C. Mehta v. Union of India Protection of Ridge Area — 308
(26.07.96), 1996 Removal of encroachments
79. M.C. Mehta v. Union of India Protection of Ridge Area — 308
(30.08.96), 1996 Removal of encroachments
80. M.C. Mehta v. Union of India Ridge area —Badkhal lake and 308
(12.07.96), 1996 Surajkund — Direction regarding
81. M.C. Mehta v. Union of India Ridge area direction regarding 308
(03.04. 96), 1996
280

SI. Court Case In the Matter of Paige


No. }No.

82. M.C. Mehta v. Union of India Ridge area — pollution in Delhi 3508
(12.03.96), 1996
83. M.C. Mehta v. Union of India Ridge area — Depletion of Ridge 3508
(20.04.96), 1996 forest in Delhi
84. M.C. Mehta v. Union of India Ridge area — Restoration 3508
(24.07.96), 1996
85. M.C. Mehta v. Union of India Ridge area — Depletion of Ridge 3508
(24.04. 96), 1996 forests in Delhi.
86. M.C. Mehta v. Union of India Ridge area — Depletion of Ridge 308
(13.03. 96), 1996 forests in Delhi.
87. M.C. Mehta v. Union of India Ridge area — Depletion of Ridge 308
(09.04.96), 1996 forests in Delhi.
88. Virender Gaur V. State of Haryana Environment Right of hygienic 308
(24.11.94), 1995 environment
89. Hawrah Ganatantrik Nagarik Samity Litigation concerning local 309
v. State of West Bengal (01.09.95) issues
90. M.C. Mehta v. Union of India River Pollution — Encroachment 309
(13.12. 96), 1996 on river bed.
91. M.C. Mehta v. Union of India Taj Mahal —safety 310
(19.02. 96), 1996
92. M.C. Mehta v. Union of India Sewage treatment Plant — 310
(06.08.96), 1996 Construction
93. S. Jagannath v. Union of India Shrimps culture 310
(11.12.96) 1997
94. Buffalo Traders Welfare Association Slaughter house 311
v. Union of India (19.02.1996)
95. Buffalo Traders Welfare Association v. Slaughter house in Delhi 311
Maneka Gandhi (30.11.1996)
96. M.C. Mehta v. Union of India Taj Mahal — preservation 311
(30.12.96), 1996
97. M.C. Mehta v. Union of India Taj Mahal Preservation — NEERI 312
(30.12. 96), 1997 and Varadharajan Reports
98. News Item Hindustan Times A.Q.F.M. Taj Mahal — Plantation of trees 312
Yamuna v. Central Pollution Control around
Board (29.08.96), 1996
99. M.C. Mehta v. Union of India Pollution by Mathura Refinery — 312
(07.08.96), 1996 setting up of Hospital
100. Vellore Citizens Welfare Forum v. Pollution by tanneries in 312
Union of India (08.08.95), 1995 Tamil Nadu
281

SI. Court Case In the Matter of Page


No. No.

101. Vellore Citizens Welfare Forum v. Pollution by tanneries in Tamil Nadu 313
Union of India (08.08.95), 1995
102. M.C. Mehta v. Union of India Depletion of underground water 313
(07.05.96), 1996
103. M.C. Mehta v. Union of India Vehicular Pollution — Delhi 313
(14.02.96), 1996
104. Indian Council for Enviro-Legal Claim of damages 313
Action v. Union of India (10.11.95),
1995
105. Vineer Kumar Mathur v. Union of Contempt of Court — Apology 313
India (08.11.95), 1996 Disobedience
106. M.C. Mehta v. Union of India Water Pollution — tanneries in Calcutta 315
(19.12. 96), 1997
107. Rural litigation and entitlement Kendra Environmental protection 317
and others Versus State of Uttar Pradesh
and others and Writ petition no. 8821
of 1983 DeVaki Nandan Pandey Versus
Union of India and others Writ
petitions nos. 8209 and 8821 of 1983
108. (Before J.S. Verma, C.J. and Sujata Enforcement of the fundamental rights 317
v. Manohar and B.N. Kirpal, J.J) Vishaka of working women
and others v. State of Rajasthan and others
writ petitions (crl.) Nos. 666-70 of 1992
109. (Before Kuldip Singh and S. Saghir Distribution of Polythene Bags, Door to 326
Ahmad, J.J) Dr. B.l. Wadehra versus door collection of garbage and its disposal
Union of India and others writ petition
( c) no.286 of 1994, decided on March 1, 1996
110. M. C. Mehta v. Kamal Nath and Others Ecology - Public Trust doctrine 327
(1997) 1 SCC 388 W.P.(C) No. 182 of 1996,
decided on December, 13, 1996.
[Kuldip Singh, J., S. Saghir Ahmad, j.]
111. T. N. Godavarman Thirumulkpad v. Union of Ecology - Protection and conservation 328
India and Others (1997) 2 SCC 267.W.P. (C) of forests
No. 202 of 1995 with No. 171 of 1996 decided
on December 12, 1996. [J.S. Verma,
J., B.N. Kirpal, J.]
112. M. C. Mehta v. Union of India and Others Degradation of Taj Mahal, a monument 329
(1997) 2 SCC 353 W.P.(C) No. 13381 of 1984, of international repute
decided on December 30, 1996
[Kuldip Singh, J., Faizan Uddin, J.)
113. M. C. Mehta v. Union of India and others, Poisonous effluent into Ganga River 329
(1997) 2 SCC 411, W.P. (C) No. 3727 of 1985, polluting fend and river
decided on December 19, 1996.
[Kuldip Singh , J., S. Saghir Ahmad, J.]
282

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No. _________________________________________________ Ndo.

114. T. N. Godavarman Thirumulkpad v. Union of Protection and conservation of forests 3300


India and Others, (1997) 3 SCC 312, W.P. (C)
No. 202 of 1995 with Nos. 171 and 897 of 1996,
decided on March 4, 1997 [ J. S. Verma,
J., B. N. Kirpal, J.]
115. State of Orissa v. Duti Sahu and Others (1997)3 Restrictions on deservation of forests 330
SCC 501 Civil Appeal No. 316 of 1997, decided
on January 13, 1997, [K. Ramaswamy,
J., G. T. Nanavati, J.]
116. Animal and Environment Legal Defence Ecology - Fishing activity in reservoirs 330
Fund, v. Union of India & Others, (1997) 3 SCC within National Park area - Claim of
549 W.P. (C) No. 785 of 1996, decided on tribals formerly residing in National
March 5, 1997 [A. M. Ahmadi, C.J., Sujata Park area
V. Manohar, J., K. Venkaraswami, J.]
117. Akhil Bharat Goseva Sangh and Others v. Environment Control and Pollution - 331
State of A. P. and Others, (1997)3 SCC 707, Mechanised slaughterhouse
C.A. No. 3968 of 1994 with Nos. 3964-67
of 1994 and I.PL, Mo.5, decided on
March 12, 1997, [B.P. Jeevan Reddy,
J. Suhas C.Sen, J.l
118. M. C. Mehta v. Union of India & Others, Banning of construction activities 331
(1997)3 SCC 715 I. A. NO. 29 IN W.P.(C)
No. 4677 of 1985, decided on October 11, 96,
[Kuldip Singh, J., N. P. Singh,
J., S. Saghir Ahmad, J.l
119. T. N. Godavarman Thirumulkpad v. Union of Ecology - Protection and conservation 331
India, (1997)7 SCC 440, W. P. (C) No. 202 of forests
of 1995 with IAs. [J. S. Verma, C. J., B. N.
Kirpal, J., S. P. Kurdukar, J.]
120. M.C. Mehta v. Union of India, (1997)8 Management and control of tratffic 332
SCC 770 W.P. (C) No. 13029 of 1985, in the National Capital Region
decided on November 20, 1997, [J. S. Verma ,
C. J., B.N. Kirpal, J., V. N. Khare J.]
121. M. C. Mehta v. Union of India, (1997) Regulation and control of ground 333
11 SCC 312 I. A. No. 32 in W. P. (C) water management and development
No. 4677 of 1985, decided on December 10,
1996, [Kuldip Singh, J., S. Saghir Ahmad, J.]
122. M. C. Mehta vs. Union of India, (1998) Remover of horadings 333
1 SCC 363 W.P. (C) No. 13029 of 1995
decided on December 10, 1997,
[J. S. Verma, C. J., B. N. Kirpal, J.,
V. N. Khare, J.]
283

SU. Cou rt Case In the M atter o f Page


Nto. No.

12:3. T. N. Godavarman Thirumulkpad v. Union of Illegal mining activity 333


India & Others with I.A. No. 13 in W.P.(C)
No. 171 of 1996 Environment Awareness
Forum v. State of J & K and Others IAs.
[J. S. Verma, C. J., B. N. Kirpal, J.,
V. N. Khare, J.]
12‘4. M. C. Mehta v. Union of India & Others, Environment Pollution (Prevention 334
(1998)2 SCC 435, W.P. (C) No. 13029 of and Control)
1985 decided on January 7, 1998, [J. S.
Verma, C.J., B.N. Kirpal , J., V. N. Khare, J.]
12!5. M. C. Mehta v. Union of India, (1998) Environmental impact on Taj Mahal 334
SCC 720 IAs. Nos. 38, 44-47 and 49-51 in
W. P. (C) No. 13382 of 1984, decided on
March 24, 1998, [S. C. Agarwal, J., S. Saghir
Ahmad, J., M. Srinivasan, J.]
12(6. M. C. Mehta v. Union of India, (1998) Chaotic traffic conditions and 334
6 SCC 60 W. P.(C) No. 13029 of 1985 with vehicular pollution in Delhi
Nos. 939 of 1996 and 95 of 1997,
decided on May 12, 1998, [Dr A.S. Anand, J.,
B. N. Kirpal, J.,V. N. Khare, J.]
12'7. M. C. Mehta v. Union of India, (1998) Vehicular Pollution in Delhi 334
6 SCC 60 W. P.(C) No. 13029 of 1985 with
Nos. 939 of 1996 decided on July 28, 1998,
[Dr. A.S. Anand, J., B. N. Kirpal, J.,
V. N. Khare, J.]
12!8. M. C. Mehta v. Union of India Others, Environmental Protection and 335
(1998)8 SCC 206 W. P.(C) No. 13029 of 1985, Pollution Control
decided on September 22, 1998, [Dr A. S.
Anand, J., B.N. Kirpal, J., V. N. Khare, J.[
129. M. C. Mehta v. Union of India & Others, Environment Pollution and Control - 335
(1998)8 SCC 648 W.P.(C) No. 13029 of 1985 Supply of lead-free petrol
with W.P.(C) No. 9300 of 1982 decided on
February 16, 1996, [A. M. Ahmadi, C.J.,
Sujata V. Manohar, J., K. Venkataswami, J.]
13(0. M. C. Mehta v. Union of India & Others, Ecology - Taj Mahal Protection 335
(1998)9 SCC 93 I.A.N0. 38 in W. P.(C)
No. 13381 of 1984 decided on March 17, 1997,
[K. Ramaswamy, J., S. Saghir Ahmad, J.]

131. M. C. Mehta vs. Union of India & Others, Automatic Monitoring Equipments 335
(1998)9 SCC 381,W.P.(C) No. 13381 of 1984
with I.A.N0. 39 of 1987, decided on
January 19, 1998, [S. Saghir Ahmad, J.,
M. Jagannadha Rao, J.]
284

SI. Court Case In the Matter of Pcage


No. INo.

132. M. C. Mehta v. Union of India & Others, (1998)9 Common Effluent Treatment Plant 3363
SCC 448 I.A. No. 86 ofW. P.(C) No. 3727 of 1985
with I.A. No. 88 in W. P.(C) No. 4677 of 1985,
decided on December 16, 1997, [S. C. Agarwal,
J., S. C. Sen, J.]
133. M. C. Mehta v. Union of India & Others, Protection and improvement of 33©
(1998)9 SCC 589 W.Ps.(C) No. 13029 of 1985 environment - Citizens’ right regarding
with Nos. 9300 of 1982, 939, 95 of 1996, and
IAs. Nos. 7 to 10 in W.P.(C) No. 13029 of 1985,
decided on November 18, 1997 [J. S. Verma,
C. J., B. N. Kirpal, J., V. N. Khare, J.]
134. T.N. Godavarman Thirumulkpad v. Union of Protection and conservation of 33©
India and Others, (1998)9 SCC 632 forests - Utilisation/disposal of
LA.No. 225 of 1995 in W. P.(C) No. 202 of 1995 illegally felled timber
with IAs. Nos. 71, 79, 104, 105, 107, 108,
113, 121, 166, 260, 261, decided on
December 16, 1997, [J. S. Verma, C. J.,
B.N. Kirpal, J., V.N. Khare, J.]
135. T.N. Godavarman Thirumulkpad v. Ecology - PIL Protection and 337
Union of India and Others, (1998)9 SCC 632 conservation of forests
I.As. Nos. 254-257 & 276 in W.P.(C) No. 202
of 1995 with I.A. No. 227 in W.P. No. 202
of 1995, decided on February 23, 1998,
[Dr A. S. Anand, J., B.N. Kirpal, J.,
V.N. Khare, J.]
136. A P. Pollution Control Board v. Prof M. V. Interference in environmental 337
Nayudu (Retd) & Others, (1999)2 SCC 718. matters
C.A. Nos. 368-371 of 1999 with Nos. 372
and 373 of 1999, decided on January 27, 1999,
[S. B. Majmudar, J., M. Jagannadha Rao, J.)
137. Environment Awareness Forum v. State of J&K Forests - Conservation and 338
and Others, (1999) 1 SCC 210, IAs Nos. 12, protection - Katha
14,15, 13 & 16 and Contempt Petition (C)
No.539 of 1996 in W.P. (C) No. 171 of 1996,
decided on May 5, 1998, [Dr A. S. Anand,
J., B. N. Kirpal, J., V. N. Khare, J.]
138. M.C. Mehta v. Union of India & Others, (1999) 1 Traffic management and pollution 339
SCC 413 W.P.(C) No. 13029 of 1985 decided on control in NCT, Delhi
December 1, 1998, [Dr. A. S. Anand, J., B. N.
Kirpal, J., V. N. KHARE, J.]
Environment Court Cases

1. Buffalo Traders Welfare Association v.ManeUca Pollution Control Board — Direction given to Pollution
G a n d h i (1 8 .0 5 .9 4 ), 1994(3) Scale 1: 1 9 94 Control Board to report on industries which claim to
Su pp(3 ) S C C 448 [M .N. V ENK ATACH ALIAH , have removed the source of pollution — Industries
C.J., S. M OHAN, J.] which have not shown any progress regarding
Constitution of India — Art. 136 — Slaughtering of installation of air pollution control systems in
animals Slaughter House, Idgah, Delhi — Directions compliance of orders of the court dated 17-9-1993,
given by the High Court to improve the prevailing directed to be closed forthwith and report in this
conditions in larger public interest and reduced the respect called to come up within two weeks.
number of animals to be slaughtered per day — In
4. M.C.Mehta v. Union o f India (30.12.96), 1997(1)
order to ensure compliance of directions a higlh-
Scale 61 [KULDIP SINGH, J.. FAIZAN UDDIN,
powered committee constituted — What about the
J.]
thousands of persons who live by this trade?— What
is the way to meet the meat requirement of a large Environmental Law — Taj — Preservation of —
city? — Court issues certain directions. Consideration of NEERI and Varadharajan reports
— After considering the four NEERI reports, two
2. Akhil Bharat Goseva Sangh v. State o f A nd hra Varadharajan reports and several reports by the
Pradesh (25.10.94), 1995 S u p p (l) SCC 370: Board, Court came to the conclusion that the
1994(7) JT 190: 1994(4) Scale 721: 1995(1) UTJ industries in the Taj Trapezium Zone (TTZ) are active
260 [B.P. JEEVAN REDDT. J., SUHAS C. SEN. contributors to the air pollution in the said area —
J.] Relocation of industries responsible for the air
Environmental Law — Establishment, working and pollution — Direction given — Environmental Law -
continuance of abattoir (mechanised slaughter house) Air pollution — Relocation of industries.
situated in Rudraram village in Medak district of State HELD: There are four NEERI reports, two
of A.P. — Objections to the establishment of the Varadharajan reports and several reports by the
slaughter house by several organisations — Divisiotn Board. After examining all the reports and taking into
Bench of High Court issued some directions — consideration other material on the record, we have
Pursuant to the directions State Govt, constituted a no hesitation in holding that the industries in the
committee known as “Krishnan Committee” for TTZ are active contributors to the air pollution in the
examining and reporting on the matters referred to said area. NEERI and Varadharajan (1978) reports
in the order of the High Court — Committee made have specifically recommended the relocation of
the recommendations as a condition for allowing the industries from the TTZ. Although the Board has
establishment — Central Govt, received the report o f placed on record list of 510 industries which are
committee but no attention have been paid to it or to responsible for air pollution but in view of our order
the directions made by the High Court — Directions dated April 11, 1994 we are confining this order only
given by the Court to Central Government to look to 292 industries located and operating in Agra.
into all the relevant aspect, as directed by the Higjh
Court of A.P. and place before this Court within four The Taj, apart from being cultural heritage, is an
months. industry by itself. More than two million tourists visit
the Taj every year. It is a source of revenue for the
3. M.C.M ehta v. Union o f India (03.12.93), 1994 country. This Court has monitored this petition for
S u p p (3 ) S C C 7 1 7 [K U L D IP S IN G H . J . , over three years with the sole object of pre^„rving
YOGESHW AR DAYAL, J.] and protecting the Taj from deterioration and damage
Environmental Law — Air Pollution — Caused by due to atmospheric and environmental pollution. It
industries in Uttar Pradesh — Notices issued by U.P. cannot be disputed that the use of coke/coal by the
286 FUNDAMENTAL DUTIES OF CITIZENfJS

ihdustries emit pollution in the ambient air. The Mr. Krishnan that a project report for supply <of
objective behind this litigation is to stop the pollution additional electricity to Agra has already beeen
while encouraging development of industry. The old submitted by the Uttar Pradesh Electricity Board 1to
concept that development and ecology cannot go the Ministry of Power. The said project is likely to
together is no longer acceptable. Sustainable cost Rs. 120.80 crores. We are of the view that thhe
development is the answer. The development of clearance of the project by the Ministry of Powver
industry is essential for the economy of the country, shall stop the working of generators in the city of
but at the same time the environment and the eco­ Agra and as such the pollution can be considerabbly
systems have to be protected. The pollution created controlled. Mr. Sibal has also brought to our notiiice
as a consequence of developm ent must that according to his instructions sufficient electriciity
commensurate with the carrying capacity of our eco­ can be supplied to the city of Agra even throupgh
systems. existing transmission system.
Based on the reports of various technical We issue notice to the Ministry of Power throujigh
authorities mentioned in this judgment, we have its Secretary, Ministry of Environment & Foressts
already reached the finding that the emissions through its Secretary and U.P State Electricity Boaird
generated by the coke/coal consuming industries are through its Chairman to give their responses to tttiis
air-pollutants and have damaging effect on the Taj problem by filing affidavits in this regard within tvwo
and the people living in the TTZ. The atmospheric days from the date of receipt of this order. On osur
pollution in TTZ has to be eliminated at any cost. request Mr. Mishra accepts notice on behalf of tlhe
Not even one per cent chance can be taken when — U.P. State Electricity Board.
human life apart — the preservation of a prestigious
monument like the Taj is involved. In any case, in We direct the U.P. Pollution Control Boaird
view of the precautionary principle as defined by through Mr. Pradesh Mishra, standing counsel ffor
this Court, the environmental measures must the Board to issue a public notice in two Engliish
anticipate, prevent and attack the cause of Daily Newspapers and two vernacular Languaige
environmental degradation, the ‘onus of proof is on Newspapers which have considerable circulation in
an industry to show that its operation with the aid of Agra for three consecutive days indicating that itt is
coke/coal is environmentally benign. It is, rather, proposed to stop functioning of all brick-kilns withiin
proved beyond doubt that the emissions generated the Taj Trapezium Zone. The publication shall be
by the use of coke/coal by the industries in TTZ are done within ten days from today. In case brick-kaln
the main polluters of the ambient air. owner intends to file any objection ift this resp«ect
they may do so before 31.3.1996. This matter to coime
5. M.C.Mehta v. Union ofIn d ia (09.05.96), 1996(4) up for hearing on 4.4.1996.
S c a le (S P ) 7 0 [A .M . A H M A D I. C .J ., S.P.
We issue notice to U.P. Government to file an
BHARUCHA, J., B.N. KIRPAL, J.]
affidavit within ten days from today indicating
Environmental Law— Air Pollution — Lead free Petrol progress in the completion of projects called “Golkul
in metropolitan cities — Directions given. Barrage” and “Agra Barrage”. Shri Ashok Srivastava,
learned counsel for the State of U.P. appears Coiurt
6. M.C.Mehta v. Union o f India (29.03.96), 1996(4)
and accepts notice. A copy of the order may be
Scale(SP) 10 [KULDIP SINGH. J., K.T. THOMAS,
supplied to him. The Union of India in its affidavit
J.]
before this Court has stated that the project Reports
Environmental Law — Air Pollution — Pollution by have already been submitted to the Central Water
Stone crushers — Directions given. Commission some time in December, 1993. The U.P.
Government shall indicate as to what happen to the
7. M.C Mehta ▼. Union o f India (13.03.96), 1996(4)
project Report. How much total cost is likely to be
Scale(SP) 4 IKULDIP SINGH, J., FAIZAN UDDIN,
incurred on the projects? What are the difficulties/
J.]
obstructions coming in way of the completion of the
Environmental Law — Air Pollution — Pollution at Projects? We invite the attention of the above
Agra — Due to insufficient supply of electricity, authorities to the Agra Heritage Project (Report) Agra
operation of Diesel Generating sets causing air Environmental Assessment, 1994 at page 15 where
pollution — Notice issued to relevant parties. it is suggested that the Taj Mahal site, entailing a
HELD: It is obvious from the affidavit of smaller rise in the water level. The authorities may
ENVIRONMENT COURT CASES 287

also consider the proposal given in the above heritage 10. Vellore Citizens Welfare Forum v. Union o f
project and give its response. India (28.08.96), 1996 AHKSC) 2715: 1996(5)
SCC 647: 1996(7) JT 375: 1996(6) Scale 194:
8. S.Jagannathan v. Union o f India (09.05.95), 1996(7) Supreme 307: 1996(3) CLT 336(SC)
1995(5) Scale 208(1) [KULDIP SINGH, J., S. [KULDIP SINGH, J., FAIZAN UDDIN, J., K.
SAGHIR AHMAD, J.] VENKATASWAMI, J.]
Emvironmental Law — Aqua farms — Direction given Environmental Law — Clean environment — Right of
to all the coastal States and Union Territory — It is a common law right apart from constitutional
Governments to issue individual notices to all the and statutory right to enjoy clean environment.
aqua farms situated in their respective territory
callling upon them to avail the opportunity of hearing HELD: The C onstitutional and statutory
beifore the Supreme Court, if they so desire, in the provisions protect a person’s right to fresh air, clean
matter — The Governments of all the States, Union water and pollution free environment, but the source
Territories restrained from giving fresh licences or of the right is the inalienable common law right of
permission for setting up of any aqua farms in their clean environment.
respective territories.
11. M .C .M e h ta v. Union o f In d ia (30.12.96),
9. S.Jagannathan v. Union o f Jndia(09.05.95), 1997(1) Scale 61 [KULDIP SINGH, J., FAIZAN
1995(3) Scale 737 [KULDIP SINGH, J., G.T. UDDIN, J.]
NANAVATI, J ] Industrial Disputes Act, 1947 — Sections 25-F(6) and
Environmental Law — Aqua farms — Pollution of 25-B —Compensation — Closure of air polluting
coastal areas — Directions restraining the withdrawal industry — Held, The workmen employed in the
of ground water given and notice to show cause industries who do not intend to relocate and opt for
issued to the farmers in the states concerned. closure shall be deemed to be retrenched provided
they have been in coutinuons service as defined in
HELD : This matter be listed for final hearing on section 25-B for not less than one year in the
4th August, 1995. Meanwhile we direct that no part industries concerned — They are entitle to
of agricultural lands and salt farms be converted into compensation as provided under the Act and also
commercial aquaculture farms hereinafter. We should be paid, in addition, six years wages as
further direct that no ground water withdrawal, be additional compensation — G ratuity amount
allowed for aquaculture purposes to any of the payable to any workman shall be paid in addition —
industries whether already existing or in the process Service law — Compensation — Closure of air
of being set up. No further shrimp farms or any polluting industry — Compensation — Additional
aquaculture farms be permitted to be set up in the compensation — Gratuity — Wages — Closure of
area in dispute hereinafter. industry — Environmental Law— Closure of industry
— Compensation to employees — Quantum of.
We direct the State of A. P. to send a copy of the
order of this Court to all the aquaculture farms in 12. M .C .M e h ta v. Un ion o f In d ia (15.07.96),
the State A. P. informing them that the matter shall 1996(5) Scale(SP) 14(1) [KULDIP SINGH, J.,
be taken up by this Court for final hearing on 4th N.P. SINGH, J., S. SAGHIR AHMAD, J.]
August, 1995. This may be done by the State of A.P. Service Law — Wages — Entitlement of — Installation
by the" end of June, 1995. of pollution control devices in the Industry — Failure
We direct the Pondicherry Administration to send of — Closure order of Industry till the installation of
a copy of the order of this Court to all the aquaculture such devices given by Supreme Court — Workers
farms in Pondicherry informing them that the matter are entitled to full wages of closing period of Industry
shall be taken up by this Court for final hearing on to which they were entitled prior to the closure —
4th August, 1995. This may be done by the Environmental Law — Closure order of Industry.
Pondicherry Admn. by the end of June 1995. 13. S.Jagannath v. Union o f In dia (11.12.96),
We further direct the Superintendent of Police and 1997(2) SCC 87: 1997(1) JT 160: 1996(9)
the Collector of the areas concerned to see that the Scale 167 [KULDIP SINGH, J., S. SAGHIR
Order of this Court specially the directions given are AHMAD, J.]
meticulously complied with by all the farms. Environmental Law — Coastal pollution — Shrimp
288 FUNDAMENTAL DUTIES OF CITIZENS

farming — Degrading effect of large scale farming We, therefore, order and direct as under:
pn ecology fragile coastal areas — Direction given
for creation of a high powered authority to scrutinize 1. The Central Government shall constitute an
each and every case from environmental point of authority under Section 3(3) of the Environmemt
view before permitting commercial shrimp farms — (Protection) Act, 1986 and shall confer on the saiid
Environment (Protection) Act, 1986 — Sections 7, 8 authority all the powers necessary to protect tlhe
& 15 — Water (Prevention & Control of Pollution) Act, ecologically fragile coastal areas, sea shore, water
1974 — Section 25 — Fisheries Act, 1897 — Wild front and other coastal areas and specially to deal
Life (Protection) Act, 1972 — Constitution of India with the situation created by the shrimp cultu:re
— Schedule 7 List I Entry 13 — Articles 21, 47, industry in the coastal States, Union Territories.
48-A & 51-A(g). The authority shall be headed by a retired Judjge
of a High Court. Other members preferably wiith
HELD: We are of the view that before any shrimp expertise in the field of acquaculture, pollution
industry or shrimp pond is permitted to be installed control and environment protection shall be
in the ecology fragile coastal area it must pass appointed by the Central Government. Tlhe
through a strict environmental test. There has to be Central Government shall confer on the said
a high powered “Authority” under the Act to authority the powers to issue directions under
scrutinise each and every case from the Section 5 of the Act and for taking measures with
environmental point of view. There must be an respect to the matters referred to in clauses (v),
environmental impact assessment before permission (vi), (vii), (viii), (ix), (x) and (xii) or Sub-section (2)
is granted to instal commercial shrimp farms. The o f Section 3. The Central G overnm ent
conceptual framework of the assessment must be shall constitute the authority before January 15,
broad-based primarily concerning environmental 1997.
degradation linked with shrimp farming. The
assessment must also include the social impact on 2. The authority so constituted by the Central
different population strata in the area. The quality Government shall implement “the Precautionary
of the assessment must be analytically based on Principle” and “the Polluter Pays” principles.
superior technology. It must take into consideration 3. The shrimp culture industiy/the shrimp ponds
the inter-generational equity and the compensation are covered by the prohibition contained in para
for those who are affected and prejudiced. 2(i) of the CRZ Notification. No shrimp culture
We may notice the “Dollar” based argument pond can be constructed or set up within the
advanced before us. It was contended before us by coastal regulation zone as defined in the CRZ
the learned counsel appearing for the shrimp notification, shall be applicable to all seas, bays,
acquaculture industry that the industry has achieved estuaries, creeks, rivers and backwaters. This
singular distinction by earning maximum foreign direction shall not apply to traditional and
exchange in the country. Almost 100 per cent of the improved traditional types of technologies (as
produce is exported to America, Europe and Japan defined in Alagarswami report) which are
and as such the industry has a large potential to practised in the coastal low lying areas.
each “Dollars”. 4. All acquaculture industries/shrimp culture
That farm-raised production of shrimp is of very industries/shrimp culture ponds operating/set
small quantity as compared to wild-caught. Even if up in the coastal regulation zone as defined under
Some of the shrimp culture farms which are polluting the CRZ Notification shall be demolished and
the environment, are closed, the production of removed from the said area before March 31,
shrimp by environment friendly techniques would not 1997. We direct the Superintendent of Police/
be affected and there may not be any loss to the Deputy Commissioner of Police and the District
economy specially in view of the finding given by Magistrate/Collector of the area to enforce this
NEERI that the damage caused to ecology and direction and close/demolish all acquaculture
economics by the acquaculture fanning is higher than industries/shrimp culture industries, shrimp
the earnings from the sale of coastal acquaculture culture ponds on or before March 1997. A
produce. That may be the reason for the European compliance report in this respect shall be filed in
and American countries for not permitting their sea- this Court by these authorities before April 15,
coasts to be exploited for shrimp-culture farming. 1997.
ENVIRONMENT COURT CASES 289

5. The farms who are operating traditional and improved 10. Acquaculture industiy/shrimp culture industry/
traditional systems of acquaculture may adopt shrimp culture ponds which have been
improved technology for increased production functioning/operating w ithin the coastal
productivity and return with prior approval of the regulation zone as defined by the CRZ Notification
“authority” constituted by this order. and within 1000 metre from Chilka and Pulicat
6. The agricultural lands, salt pan lands, mangroves, Lakes shall be liable to compensate the affected
wet lands, forest lands, iand for village common persons on the basis of the “polluter pays”
purpose and the land meant for public purposes principle.
shall not be used/converted for shrimp culture 11. The authority shall, with the help of expert opinion
ponds. and after giving opportunity to the concerned
polluters assess the loss to the ecology
7. No acquaculture industry/shrim p culture
environment in the affected areas and shall
industry/shrim p culture ponds shall be
compensate the individuals/families who have
constructed/set up within 1000 metre o f Chilka
suffered because of the pollution and shall assess
lake and Pulicat lake (including Bird Sanctuaries
the com pensation to be paid to the said
namely Yadurapantu eind Nelapattu)
individuals/families. The authority shall further
8. Acquaculture industry/shrimp culture industry/ determine the composition to be recovered
shrimp culture ponds already operating and from the polluters as cost of reversing the
functioning in the said area of 1000 metre shall deimaged environment. The authority sheill lay
be closed and demolished before March 31, 1997. down just eind fair procedure for completing the
We direct the Superintendent of Police/Deputy exercise.
Com m issioner o f Policy and the D istrict
12. The authority shall compute the compensation
Magistrate/Collector of the area to enforce this
under two heads neimely, for reversing the ecology
direction and close/demolish acquaculture
and for payment to individuals. A statement
industries /shrimp culture industries, shrimp
showing the total eimount to the recovered persus
culture ponds on or before March 30, 1997. A
from the names of the (sic) whom the amount is
compliance report in this respect shall be filed in
to be recovered, the amount recovered from each
this Court by these authorities before April 16,
1997. polluter, the persons to whom the compensation
is to be paid and the eimount payable to each of
9. Acquaculture industry /shrimp culture industry / them shall be forweirded to the Collector/District
shrimp culture ponds other than traditional and Magistrate of the eirea concerned. The Collector/
improved traditional may be set up/constructed District Magistrate shall recover the amount from
outside the coastal regulation zone as defined by the polluters, if necessary, as arrears of leind
the CRZ notification and outside 1000 metre of revenue. He shall disburse the compensation
Chilka eind Pulicat lakes with the prior approval awarded by the authority to the affected persons/
of the “authority” as constituted by this Court. families.
Such industries which are already operating in
the said areas shall obtain authorisation from 13. We further direct that any violation or non-
the “Authority” before April 30, 1997 failing which compliance of the directions of this Court shall
the industry concerned shall stop functioning attract the provisions of the Contempt of Courts
with effect from the said date. We further direct Act in addition.
that any acquaculture activity including intensive 14. The compensation amount recovered from the
and semi- intensive which has the effect of polluters shall be deposited under a sepeirate head
causing salinity of soil, or the drinking water or called “Environment Protection Fund” eind sheill
wells and/or by the use of chemical needs be utilised for compensating the affected persons
increases shrimp or prawn production with as identified by the authority and also for
consequent increase in sedimentation which, on restoring the deimaged environment.
putrefaction is a potential health hazard, apart
from causing situation turbidity of water courses 15. The authority, in consultation with expert bodies
and estuaries with detrimental implication on like NEERI, Centred Pollution Control Boeird,
local fauna flora shall not be allowed by the respective State Pollution Control Boeirds shall
aforesaid Authority. freime scheme/schemes for reversing the damage
290 FUNDAMENTAL DUTIES OF C IT IZ E N S

caused to the ecology and environment by or infringement of main Notification as amended by


pollu tion s in the coastal States/Union the Notification of 1994, the same should be raissed
Territories. The scheme/schemes so framed shall before and dealt with by the respective High C ounts.
be executed by the respective State Governments/ In the present case, there were allegations of
Union T erritory Governm ents under the infringement having been taking place by allowiing
supervision of the Central Government. The the setting-up of industries in Dahanu Taluka in
expenditure shall be met from the “Environment Maharashtra in violation of the provisions o f msain
Protection Fund” and from other sources Notification and which industries are stated to be
provided by the respective State Governments/ causing pollution. Similarly, there were allegations
Union Territory Governments and the Central of non-compliance with the provisions of law bjy a
Government. unit manufacturing Alcohol in Pondicherry; wfith
regard to Goa also allegations have been made. As
16. The workmen employed in the shrimp culture we have already observed, it will be more appropriate
industries which are to be closed in terms of if the allegations so made are dealt with by tthe
this order, shall be deemed to have been respective High Courts, for they would be in a bettter
retrenched with effect from April 30, 1997 position to know about and appreciate the lo*cal
provided they have been in continuous service conditions which are prevailing and the extent: of
(as defined in Section 25B of the Industrial environmental damage which is being caused. We,
Disputes Act, 1947) for not less than one year in accordingly, direct that the contentions raised in Ithe
the industry concerned before the said date. They Petition regarding infringem ent o f the m ain
shall be paid compensation in terms of Section Notification and of the Notification dated 20.6.1991
25-F(b) of the Industrial Disputes Act, 1947. relating to Dahanu Taluka should be dealt with, by
These workmen shall also be paid, in addition, the Bombay High Court. The High Court may isssue
six year’s wages as additional compensation. The such directions as it may deem fit and proper in orfder
compensation shall be paid to the workmen before to ensure that the said Notifications are effectively
May 31, 1997. The gratuity amount payable to implemented and complied with. A copy of the Writ
the workmen shall be paid in addition. Petition along with a copy of the Judgement shoiuld
The writ petition is allowed with costs. We quantify be sent to the High Court by the Registry for
the costs as Rs. 1,40,000/- (Rupees one lac forty appropriate orders. As regard I.A. No. 17-18 of 1995
thousand) to be paid by the States of Gujarat, is concerned relating to alcohol manufacturing unit
Maharashtra, Orissa, Kerala, Tamil Nadu, Andhra at Pondicherry, the said application is transferred to
Pradesh and West Bengal in equal shares of the Madras High Court for disposal in accordance
Rs.20,000/- each. The amount of Rs. 1,40,000/- with law.
realised from the seven coastal States shall be paid (2) Any allegation with regard to the infringement of
to Mr. M.C. Mehta, Advocate who has assisted us in any o f the Notification dated 19.2.1991,
this case throughout, we place on record our 20.6.1991 & 18.8.1994 be filed in the High Courts
appreciation for the assistance rendered by Mr. having territorial jurisdictions over the areas in
Mehta. respect of which the allegations are made. As far
as this Court is concerned, this matter stands
14. Indian Council f o r E nviro-Legal A ction v.
concluded except to examine the reports which
Union o f India (18.04.96). 1996(5) SCC 281:
are to be filed by all the States with regard to the
1996(4) J T 263: 1996(3) Scale 579: 1996(3)
approval of the Management Plans, or any
Suprem e 741: 1996(3) AD(SC) 641: 1996(2)
classification which may be sought.
CCC 165(SC) [KULDIP SINGH, J., S. SAGHIR
AHM AD, J.] (3) Considering the fact that the Pollution Control
Environmental Law — Coastal Pollution — Non- Boards are not only overworked but
compliance of notification issued by Government — simultaneously have a limited role to play in so
Directions for compliance and protection of Coastal far as it relates to controlling of pollution for the
environment, given — Environment Protection Act, purpose of ensuring effective implementation of
the Notifications of 1991 and 1994, as also of the
1986.
Management Plans, the Central Government
HELD : We would direct that if any question arise should consider setting up under Section 3 of
with regard to the enforcement or implementation the Act State Coastal Management Authorities
| EENVIRONMENT COURT CASES 291

in each State or zone and also a National Coastal 1446: 1996(3) SCC 212: 1996(2) JT 196:
Management Authority. 1996(2) Scale 44: 1996(2) AD(SC) 544 [B.P.
JEEVAN REDDY, J., B.N. KIRPAL, J.]
(4)t) The States which have not filed the Management
Plans with the Central Government are directed Environmental Law — Damages for damage caused
to file the complete plans by 30.6.1996. The by Industrial pollution — Direction given to the State
Central Government shall finalise and approve Government not to protest the claim of the status of
the said plans, with or without modifications pauper by such claimants — Civil Procedure Code,
within three months thereafter. It is possible that 1908 — Order 33 Rules 1, 1-A & 12 — Forma
the plans as submitted by the respective State pouperis — Specific Relief Act, 1963 — Section 42 —
Governments and Union Territories may not be Restraint on defence by superior court.
acceptable to the Ministry of Environment and
16. Ajay Singh Rawat ▼. Union of India(09.03.95),
Forests. Returning the said plans for
1995(3) SCC 266: 1995(3) JT 39: 1995(2)
modifications and then re-submission of the
same may become an unnecessary time Scale 236: 1995(3) SCJ 245: 1995(1) UJ 817
[A.M. AHMADI, C.J., B.L. HANSARIA, J.,
consuming and, perhaps, a futile exercise. In
SUHAS C. SEN, J.]
order to ensure that these plans are finalised at
the very earliest, we direct that the plans as Environmental Law — Nature — Degradation of the
submitted will be examined by the Central natural lake of Nainital on account of discharge of
Governm ent who w ill inform the State human and animal waste into lake and other
Government or the Union Territory concerned construction activities around the area etc. — On the
with regard to any shortcomings or modifications basis of the recommendation given by the Commis­
which the Ministry of Environment and Forests sioner appointed by the Court directions given to take
may suggest. If necessary, a discussion amongst steps to save the lake from irreversible degradation.
the representatives of the State Governments and HELD : We have considered the findings of the
the Ministry of Environment and Forests should Commissioner and his recommendations. According
take place and thereafter the plans should be to us, there cannot be two opinions about some
finalised by the Ministry of Environment, if preventive and remedial measures to be taken on
necessary, by carrying out such modifications as war footwing, as any delay would cause further
may be required. The decision by the Ministry of degradation and complicate the matters. In our
Environment and Forests in this regard shall be considered view, the following steps deserve to be
final and binding. taken urgently :
A report with regard to the submission and the
(i) Sewage water has to be prevented at any cost
finalisation of the plans should be filed in this
from entering the lake.
Court and the case will be listed for noting
compliance in September, 1996. (ii) So far as the dradns which ultimately fall in the
(5)1 Pending finalisation of the plans, the interim lake are concerned, it has to be seen that building
materials are not allowed to be heaped on the
orders passed by this Court on 12.12.1994 and
drains to prevent siltation of the lake.
9.3.1995 shall continue to operate.
(iii) Care has been taken to see that horse dung does
(6)i Four states, namely Andhra Pradesh, Gujarat,
not reach the lake. If for this purpose the horse
Karnataka and Kerala have not yet submitted
stand has to be shifted somewhere, the same
their M anagement Plans to the Central
would be done. The authorities would examine
Government. There is thus a clear non-
whether trotting of horses around the lake is also
compliance with the direction issued by this Court
required to be prevented.
on 12.12.1994 and 9.3.1995. We issue notices to
the Chief Secretaries of these States to explain (iv) Multi-storeyed groups housing and commercial
and show cause why further appropriate action complexes have to be banned in the town area of
be not taken for this non-compliance. .The notices Nainital. Building of small residential houses of
are to be returnable after six weeks. flat areas could, however, be permitted.
15i. Indian Council fo r Enviro-Legal Action v. (v) The offence of illegal felling of trees is required to
Union o f India (13.02.96), 1996 AIR(SC) be made cognizable.
292 FUNDAMENTAL DUTIES OF CITIZENNS

(vi) Vehiclular traffic on the Mall has to be reduced. Environmental Law — Forest — Declaration of
Heavy vehicles may not be permitted to ply on Sanctuaries/National Parks — Failure to take stepps
Mall. to protect the Sanctuaries and National Parks Iby
issuing relevant statutory notifications acquiring thhe
(vii)The fragile nature of Ballia Ravine has to be taken
rights in and over the land — Direction given to Staate
care of. The cracks in the revetment of Ballia
Government to initiate action within six months to
Nala to be repaired urgently. perform its duty enshrined in the Constitution —
17. M .C .M e h ta v. Un ion o f In d ia (11.10.96), Constitution of India — Articles 48-A & 51-A(g) —
1996(7) Scale 579: 1996(8) Suprem e 160: Wild Life (Protection) Act, 1972 — Sections 26-A &
1996(4) CLT 271 (SC): 1996(4) CCC 163(SC): 35.
1996(8) A D(SC) 40 [KULDIP SINGH, J., N.P. HELD : The petitioner contends that the foresst
SINGH, J., S. SAGHIR AHM AD, J.]
cover in the State of Madhya Pradesh is gradualJly
Environmental Law — Discrimination — Protection shrinking. As pointed out earlier, there is a shrinkage
of lakes around Delhi by banning construction to the extent of 145 sq. kms. between 1991 and 19933.
activities around such lakes —Similar directions In our country, the total forest cover is far less thaan
not given in respect of other lakes of the country — the ideal minimum of one-third of the total land. W e
Such order is not discriminatory — Constitution of cannot, therefore, afford any further shrinkage in tlhe
India — Articles 14, 21, 47, 48-A & 51-A(g). forest cover in our country. If one of the reasons fifor
this shrinkage is the entry of villagers and tribails
HELD: “The Precautionary Principle” has been living in and around the Sanctuaries and the Nationial
accepted as a part of law of the land, Articles 21, 47, Parks, there can be no doubt that urgent steps muist
48A and 51A(g) of the Constitution of India give a be taken to prevent any destruction or damage to
clear mandate to the State to protect and improve the environment, the flora and fauna and wildlife :in
the environment and to safeguard the forests and those areas. If the only reason which compels tlhe
wild life of the country. It is the duty of every citizen State Government to permit entry and collection of
o f India to protect and im prove the natural tendu leaves is it not having acquired the rights of
environment including forests, lakes, rivers and wild villagers/tribals and having failed to locate any ar<ea
life and to have compassion for living creatures. “The for their rehabilitation, we think that inertia in thiis
Precautionary Principle” makes it mandatory for the behalf cannot be tolerated. We are, •therefore, of tlhe
State Government to anticipate, prevent and attack opinion that while we do not quash the order of
the causes of environment degradation. We have no 28.3.1995, we think that the State Government muist
hesitation in holding that in order to protect the two be directed to decide on the question of completimg
lakes from environmental degradation it is necessary the process for issuing final notifications and then
to limit the construction activity in the close vicinity take urgent steps to complete the procedure fior
of the lakes. declaring/notifying the areas as Sanctuaries and
National Parks under Sections 26A and 35 of tlhe
S u r e s h w a r D . S in h a v. U n io n o f In d ia
Act. We, therefore, direct that the State Government
(0 1 .0 5 .9 6 ), 1996(4) S c a le (S P ) 55 [K U LD IP
shall take immediate action under Chapter IV of tlhe
SINGH, J., B.L. HANSARIA, J.]
Act and institute an inquiry, acquire the rights of
Environmental Law — Eco system preservation — those who claim any right in or over any land
River waters — Necessity to maintain minimum flow proposed to be included in the Sanctuaiy/Nationial
of water for preservation of eco system — Notice Park and thereafter proceed to issue a final
issued to States of U.P., Rajasthan and NCT of notification under Sections 26A and 35 of the Act
Delhi. declaring such areas as Sanctuaries/National Parks.
We direct the State Government to initiate action in
18. Pradeep Krishen v. Union o f India (10.05.96), this behalf within a period of 6 months from today
1996AIR(SC) 2040: 1996(8) SCC 599: 1996(5) and expeditiously conclude the same showing that
J T 181: 1996(4) Scale 566: 1996(4) Supreme sense of urgency as is expected of a State Government
270: 1996(5) AD(SC) 94: 1996(2) CCC 296(SC): in such matters as enjoined by Article 48A of the
1 996(2) U J 414: 1996(2) S C J 422 [A.M. Constitution and at the same time keeping in view
AHM ADI, C.J., B.L. HANSARIA, J., SUHAS C. the duty enshrined in A rticle 51A(g) of the
SEN, J.] Constitution. We are sure, and we have no reason to
[E n v ir o n m e n t c o u r t c a s e s 293

doubt, that the State Government would show the of their particular significance to maintain
required zeal to expeditiously declare and notify the ecological balance needed to preserve bio­
areas as Sanctuaries/National Parks. diversity. All saw mills, veneer mills and ply-wood
mills in Tirap and Chanlang in Arunachal
19. Pra dip D .Prabhu v. State o f M aharashtra Pradesh and within a distance of 100 kms. from
(07.03.95), 1995 Supp(3) SCC 450 [KULDIP its boarder, in Assam, should also be closed
SINGH, J., N. VENKATACHALA, J., S. SAGHIR im m ediately. The State G overnm ents o f
AHMAD, J.] Arunachal Pradesh and Assam must ensure
Housing — Forest Land — Occupation by the landless compliance of this direction.
adhivasis since prior to 1978 — Scheme of the 3. The felling of trees in all forests is to remain
Government to regularise the occupation — Direction suspended except in accordance with the Working
given to determine the rights of the parties sifter due Plans of the State Government. In the absence of
opportunity of hearing— Till finalisation of the cases any Working Plan in any particular State, such
of adhivasis, they shall not be evicted from the land as Arunachal Pradesh, where the permit system
in their possession — Environmental Law — Forest exists, the felling under the permits can be done
— Encroachment on forest land — National Housing only by the Forest Department of the State
Policy, 1992 — Clauses 4.9, 4.10 & 4.12. Government or the State Forest Corporation.
20. T.N.Godavarm an Thirumulkpad v. Union o f 4. There shall be a complete ban on the movement of
In d ia (12.12.96), 1996(9) Scale 269 [J.S. cut trees and timber from any of the seven North-
VERMA, J., B.N. KIRPAL, J.] Eastern States to any other State of the country
Forest (Conservation) Act, 1980 — Section 2 — Non­ either by rail, road or water-ways. The Indian
forest activity — Permissibility — Running of Saw Railways and the State Governments are directed
Mills on forest land — Provisions of Act aims at to take all measures necessary to ensure strict
compliance of this direction. This ban will not
conservation of all kinds of forests irrespective of its
apply to the movement of certified timber required
ownership — Directions given to State Governments
for compliance of the provisions of the Act — for defence or other Government purposes. This
Environmental Law — Forests — Conservation of. ban will also not affect felling in any private
plantation comprising trees planted in any area
HELD: North Eastern States of Arunachal which is not a forest.
Pradesh and Assam: 5. Each State Government should constitute within
1. In view of the meaning of the word “forest” in the one month an Expert Committee to:
Act, it is obvious that prior approval of the Central (i) Identify areas which are “forests”, irrespective
Government is required for any non-forest activity of whether they are notified, recognised or
within the area of any “forest”. In accordance classified under any law, and irrespective of
with Section 2 of the Act, all on-going activity ownership of the land of such forest;
within any forest in State throughout the country, (ii) Identify areas which were earlier forests but
without the prior approval of the Central stand degraded, denuded or cleared; and
Government, must cease forthwith. It is,
(ill) Identify areas covered by plantation trees
therefore, clear that the running of saw mill of
belonging to the Government and those
any kind including veneer or ply-wood mills, and
belonging to private persons.
mining of any mineral are non-forest purpose and
are, therefore, not permissible without prior 6. Each State Government should within two
approval of the Central Government. Accordingly, months, file a report regarding:
any such activity is prima facie violation of the (i) the number of saw mills, veneer and plywood
provisions of the Forest Conservation Act, 1980. mills actually operating within the State with
Every State Government must promptly ensure particulars of their real ownership;
total cessation of all such activities forthwith. (ii) the licensed and actual capacity of these mills
In addition to above, in the tropical wet ever-green for stock and sawing;
forests of Tirap and Chaglang in the State of
(ill) their proximity to nearest forest;
Arunachal Pradesh, there would be a complete
ban on felling of any kind of trees therein because (iv) their source of timber.
294 FUNDAMENTAL DUTIES OF C IT IZ E N S

7- Each State Government should constitute within be in strict compliance with the Jam m u &
one month, an Expert Committee to assess: Kashmir Forest Conservation Act, 1990 and anny
other laws applying thereto. However, any treees
(i) the sustainable capacity of the forests of the
so felled, and the disposal of such trees shall 1be
State qua saw mills and timber based
done exclusively by the State Forest Corporation
industry;
and no private agency will be permitted to deeal
(ii) the number of existing saw mills which can with this aspect. This direction will also cower
safely be sustained in the State; the submerged areas of the THEIN Dam.
(iii) the optimum distance from the forest, qua 5. All timber obtained, as aforesaid or otherwisse,
that State, at which the saw mill should be shall be utilised within the State, preferably to
located. meet the timber and fuel wood requirements of
8. The Expert Committees so constituted should be the local people, the Government and other loc::al
requested to give its report within one month of institutions.
being constituted. 6. The movement of trees or timber (sawn <or
9. Each State Government would constitute a otherwise) from the State shall, for the presemt,
Committee comprising the Principal Chief stand suspended, except for the use DGS & ID,
Conservator of Forests and another Senior Officer Railways and Defence. Any such movement ffor
to oversee the compliance of this order and file such use will:
status reports. a) be effected after due certificatioin,
State of Jammu & Kashmir: consignment-wise made by the Managimg
Director of the State Corporation which w/ill
1. There will be no felling of trees permitted in any include certification that the timber has conne
“forest”, public or private. This ban will not affect from State Forest Corporation sources; anid;
felling in any private plantations comprising
trees planted by private persons or the Social b) be undertaken by either the corporation itse;lf,
Forestry Department of the State of Jammu & the Jammu & Kashmir Forest Department
Kashmir and in such plantations, felling will be or the receiving agency.
strictly in accordance with law. 7. The State of Jammu & Kashmir will file, preferably
2. In 'forests’, the State Government may either within one month from today, a detailed affidavit
departmentally or through the State Forest specifying the quantity of timber held by privaite
Corporation remove fallen trees or fell and remove persons purchased from State Forest Corporation
diseased or dry standing timber, and that only Depots for transport outside the State (other than
form areas other than those notified under the for consumption by DGS & D, Railways and
Jammu & Kashmir Wild Life Protection Act, 1978 Defence). Further directions in this regard may
or any other law banning such felling or removal be considered after the affidavit is filed.
of trees.
8. No saw mill, veneer or plywood mill would be
3. For this purpose, the State Government will permitted to operate in the State at a distance of
constitute an Expert Committee comprising a less than 8 kms from the boundary of any
representative being an IFS Officer posted in State demarcated forest areas. Any existing mill falling
of Jammu & Kashmir, a representative of the in this belt should be recollected forthwith.
State Government; and two private experts of
eminence and the Managing Director of the State State of Himachal Pradesh and Hill Regions of
Forest Corporation (as Member Secretary) who the States of Uttar Pradesh & West Bengal:
will fix the qualitative and quantitative norms for There will be no felling of trees permitted in any
the felling of fallen trees, diseased and dry forest, public or private. This ban will not affect felling
standing trees. The State shall ensure that the in any private plantation comprising trees planted
trees so felled and removed by it are strictly in in any area which is not a ‘forest’; and which has not
accordance with these norms. been converted from an earlier “forest”. This ban will
4. Any felling of trees in forest or otherwise or any not apply to permits granted to the right holders for
clearance of land for execution of projects, shall their bona fide personal use in Himachal Pradesh.
ENVIRONMENT COURT CASES 295

2.. In a ‘forest’, the State Government may either spontaneously;


departmentally or through the State Forest
(ii) limited to the species identified in the
Corporation remove fallen trees or fell and remove
TANTEA report;
diseased or dry standing timber from areas other
than those notified under Section 18 or Section (iii) in accordance with the recommendations
35 of the Wild Life Protection Act, 1972 or any of (including to the extend recommended
other Act banning such feeling or removal of trees. by) TANTEA; and
3.. For the purpose, the State Government is to (iv) under the supervision of the statutory
constitute an expert Committee comprising a committee constituted by the State
representative from MOEF, a representative of Government.
the State Government, two private experts of
(b) In so far as the fuel trees planted by the
eminence and the MD of the State Forest
plantations for fuel wood outside the forest
Corporation (as Member Secretary), who will fix
the qualitative and quantitative norms for the area are concerned, the State Government
is directed to obtain within four weeks, a
felling of fallen trees and diseased and standing
report from TANTEA as was done in the case
timber. The State shall ensure that trees so felled
of Shade trees, and the further action for
and removed are in accordance with these norms.
felling them will be as per that report.
4. Felling of trees in any forest or any clearance of Meanwhile, eucalyptus and wattle trees in
forest land in execution of projects shall be in such area may be felled by them for their
strict conformity with the Forest Conservation own use as permitted by the statutory
Act, 1980 and any other laws applying thereto. committee.
Moreover, any trees so felled, and the disposal of
such trees shall be done exclusively by the State (c) the State Government is directed to ascertain
Forest Corporation and no private agency is to and identity those areas of the plantation
be involved in any aspect thereof. which are a “forest” and are not in active use
as a plantation. No felling of any trees is
State of Tamil Nadu: however to be permitted in these areas, and
There will be a complete ban on felling of trees in sub-paras (b) and (c) above will not apply to
all ‘forest areas. This will however not apply to: such areas.

(a) trees which have been planted and grown, (d) There will be no further expansion the
and are not of spontaneous growth, and plantation in a manner so as to involve
encroachment upon (by way of clearing
(b) are in areas which were not forest earlier, orotherwise) of “forests”.
but were cleared for any reason.
5. As far as the trees already cut, prior to the interim
2. The State Government, within four weeks from orders of this Court dated December 11, 1995
today, is to constitute a committee for identifying are concerned, the same may be permitted to be
all “forests”. removed provided they were not so felled from
3. Those tribals who are part of the social forestry Janmam land. The State Government would
programme in respect of patta lands other than verify these trees and mark them suitable to
forests, may continue to grow and cut according ensure that this order is duly complied with. For
to the Government Scheme provided that they the present, this is being permitted as a one time
grow and cut trees in accordance with the law measure.
applicable. 6. In so far as felling of any trees in Janmam lands
4. In so far as the plantations (tea, coffee, cardamom is concerned (whether in plantations or
etc.) are concerned, it is directed as under: otherwise), the ban on felling will operate subject
to any order made in the Civil Appeal Nos. 367 to
(a) The felling of shade trees in these plantations 375 of 1977 in C.A. Nos. 1344-45 of 1976. After
will be: the order is made in those Civil Appeals on the
(i) limited to trees which have been planted, I.As. pending therein, if necessary, this aspect
and not those which have grown may be re-examined.
296 FUNDAMENTAL DUTIES OF CITIZEN'IS

7. This order is to operate and to be implemented HELD: We are confronted with a problem whiich
notwithstanding any order at variance, made or has more serious consequences and which touchies
which may be made by any Government or any the core of Article 21 of the Constitution inasmuich
authority, tribunal or Court, including the High as the very lives of the inhabitants living around tthe
Court. factories in question are in great jeopardy so muich
so that any probable accident in the factories- miay
8. The earlier orders made in these matters shall be
see annihilation of large number of inhabitants. Mlay
read, modified wherever necessary to this extend.
be the accident does not take place.
This order is to continue, until further orders.
This order will operate and be complied with by There is, however, no ruling out of the saime
all concerned, notwithstanding any order at altogether as Bhopal has shown. No risk cam,
variance, made or which may be made hereafter, therefore, be taken. But then relocation does neecd a
by any authority, including the Central or any deeper probe because of the various factors whiich
State Government or any court (including High would be required to be gone into. Such an exerciise
Court) or Tribunal. can usefully be taken by an Authority of whiich
mention has been made above.
9. We also direct that notwithstanding the closure
of any saw mills or other wood-based Industry We, therefore, direct the constitution o f ;an
pursuant to this order, the workers employed in Authority under Section 3(3) of the Act by the Central
such units will continue to be paid their full Government, who shall confer all the necessary
emoluments due and shall not be retrenched or powers under the Act on the Authority, which shiall
removed from service for this reason. be constituted within one month from the receipt of
this order. The Authority shall submit its report to
Directions to Railway authorities:
the Central Government within three months after
We are informed that the Railway authorities are examining and deciding all the relevant issues
still using wooden sleepers for laying tracks. The including those mentioned by us. This would be dome
Ministry of Railways will file an affidavit giving full by affording reasonable opportunity of hearing to the
particulars in this regard including the extent of concerned parties. Follow up actions shall be taken
wood consumed by them, the source of supply of by all concerned as per the recommendations of the
wood, and the steps taken by them to find alternatives Authority within reasonable time.
to the use of wood.
23. M .C.M ehta v. Union o f In d ia (15.03.96),
21. M .C .M eh ta v. Union o f In d ia (07.08.96), 1996(3) Scale(SP) 49 [KULDIP SINGH, J., S.
1996(8) Scale(SP) 1 [KULDIP SINGH, J., S. SAGHIR AHMAD. J.]
SAGHIR AHMAD, J.] Environmental Law — Hazardous industries in West
Environm ental Law — Ganga Action Plan — Bengal — Contempt petition — Court, while disposing
Environmental and Sanitary Engineering Project in of petition, warned the industrialists all over the
Kanpur — Maintenance and operation charges — country that exemplary punishment shall be awarded
Direction given. for violating any orders of this Court in the matter of
environment protection and pollution control.
22. F .B .T a r a p o r a w a l v. B a y e r In d i a L td .
(09.09.96), 1996(6) SCC 58: 1996(6) Scale 24. M .C .M e h ta v. U n ion o f In d ia l 15.03.96),
592: 1996(7) Supreme 133 [KULDIP SINGH, 1996(3) Scale(SP) 55(2) [KULDIP SINGH, J.,
J., B.L. HANSARIA, J.] S. SAGHIR AHMAD, J.]
Environmental Law — Hazardous industries — Environmental Law — Hazardous industries in Delhi
Threat to inhabitants near the industry — Direction — Closure of — Direction given.
given to the Central Government to constitute
authority under Act of 1986 to decide all relevant 25. Indian Council f o r Enviro-Legal Action v.
issues and make a recommendation for protection of Union o f In d ia (13.02.96), 1996 AIR(SC)
life of inhabitants living around the industries — 1446: 1996(3) SCC 212: 1996(2) JT 196:
Environment (Protection) Act, 1986 — Section 3(3) 1996(2) Scale 44: 1996(2) AD(SC) 544 [B.P.
— Constitution of India — Article 21 — Right to life JEEVAN REDDT, J., B.N. KIRPAL. J.]
— Threat by hazardous industries. Environmental Law — Industrial pollution —
] ENVIRONMENT COURT CASES 297

C hem ical industries — Environmental damage impose cost on polluting industry.


cjaused by such industries — The statutory powers
rmust be exercised by the Government to take steps HELD : We are of the considered opinion that
im the interest of environment — Environment even if it is assumed [for the sake of argument) that
(Protection) Act, 1986 — Sections 3 & 5 — Scrutiny this Court cannot award damages against the
oif existing chemical industries. respondents in these proceedings that does not mean
that the Court cannot direct the Central Government
2(6. In d ia n C oun cil f o r Enviro-Legal A ction v. to determine and recover the cost of remedial
U n ion o f In d ia (13 .0 2 .9 6 ), 1996 A IR (SC ) measures from the respondents. Section 3 of the
1446: 1996(3) SCC 212: 1996(2) J T 196: Environment (Protection) Act, 1986 expressly
1996(2) Scale 44: 1996(2) AD(SC) 544 [B.P. empowers the Central Government [or its delegate,
JEEVAN REDDY, J., B.N. KIRPAL, J.] as the case may be] to “take all such measures as it
Environm ental Law — Industrial pollution — deems necessary or expedient for the purpose of
C h em ical indu stries — Establishm ent of — protecting and improving the quality of environment
Consideration of environmental aspects before ..... ”. Section 5 clothes the Central Government [or
granting the licence to such industries, emphasised its delegate] with the power to issue directions for
— Industries (Development and Regulation) Act, 1951 achieving the objects of the Act. Read with the wide
— Section 11 — Licence to chemical industries. definition of “environment” in Section 2(a), Sections
3 and 5 clothe the Central Government with all such
HELD : The Central Government shall consider powers as are “necessary or expedient for the purpose
whether it would not be appropriate, in the light of of protecting and improving the quality of the
tine experience gained, that chemical industries are environm ent". The Central G overnm ent is
treated as a category apart. Since the chemical empowered to take all measures and issue all such
industries are the main culprits in the matter of directions as are called for the above purpose. In the
polluting the environment, there is every need for present case, the said powers will include giving
scrutinising their establishment and functioning directions for the removal of sludge, for undertaking
more rigorously. No distinction should be made in remedial measures and also the power to impose the
this behalf as between a large-scale industry and a cost of remedial measures on the offending industry
small-scale industry or for that matter between a and utilise the amount so recovered for carrying out
large-scale industry and a medium-scale industry. remedial measures. This Court can certainly give
All chemical industries, whether big or small, should directions to the Central Government/ its delegate
b<e allowed to be established only after taking into to take all such measures, if in a given case this Court
consideration all the environmental aspects and their finds that such directions are warranted.
functioning should be monitored closely to ensure
that they do not pollute the environment around 28. Indian Council f o r Enviro-Legal A ction v.
them. It appears that most of these industries are Union o f India fL3.02.96), 1996AHKSC) 1446:
water-intensive industries. If so, the advisability of 1996(3) SCC 212: 1996(2) J T 196: 1996(2)
allowing the establishment of these industries in arid Scale 44: 1996(2) AD(SC) 544 [B.P. JEEVAN
areas may also require examination. REDDY, J., B.N. KIRPAL, J.]
Environmental Law — Industrial pollution —
27. Indian C ouncil f o r Enviro-Legal A ction v.
Environmental audit — Necessity of periodical
Union o f In d ia (13.02.96), 1996 A IR (8C )
inspection and certification by the specialists,
1446: 1996(3) 8CC 212: 1996(2) JT 196:
emphasised.
1996(2) Scale 44: 1996(2) AD(SC) 544 [B.P.
JEEVAN REDDT, J., B.N. KIRPAL, J.] HELD : The Central Government may also
Environmental Law — Industrial pollution — Damage consider the advisability of strengthening the
to environment caused by hazardous or inherently environment protection machinery both at the Centre
dangerous activity — Remedy for recovery of damages and the Sates and provide them more teeth. The
— The Centred Government is competent to assess heads of several units and agencies should be made
and recover the damages from the polluting industries personally accountable for any lapses and/or
in exercise of power to take all steps necessary to negligence on the part of their units and agencies.
protect or improve the environment — Environment The idea of an environmental audit by specialist
(Protection) Act, 1986 — Sections 3 & 5 — Power to bodies created on a permanent basis with power to
298 FUNDAMENTAL DUTIES OF CITlZEFNS

inspect, check and take necessary action not only dangerous activity — It is liable to pay to remedy tthe
against erring industries but also against erring damage, not only under the principle of negligemce
officers may be considered. The idea o f an in tort but also under the principle that the Pollutter
environmental audit conducted periodically and Pays.
certified annually, by specialists in the field, duly
recognised, can also be considered. The ultimate 31. In dian Council f o r Enviro-Legal A ctio n v.
idea is to integrate and balance the concern for Union o f India (16.07.96), 1996(5) Scale 4 12
environment with the need for industrialisation and [A.M. AHMADI, C.J., K.S. PARIPOORNAN, J.,
technological progress. SUJATA V. MANOHAR, J.]
Environmental Law — Industrial pollution —
29. In dian Council f o r Enviro-Legal A ction v. Compensation for pollution — The land on whitch
U n ion o f In d ia (13.02.96), 1996 A IR (SC ) effluent from the industries discharged, rendered it
1446: 1996(3) SCC 212: 1996(2) JT 196: unfit for any use — Direction given for payment of
1996(2) Scale 44: 1996(2) AD(SC) 544 [B.P. compensation to the State Government with liberty
JEEVAN REDDT, J., B.N. KIRPAL, J.] to recover the same from the concerned industry-
Environmental Law — Industrial pollution —
Environment Courts — Necessity to establish Courts 32. M .C .M eh ta v. U nion o f In d ia (2 8 .0 2 .9 6 ),
with summary procedure to eliminate delay in 1996(2) Scale(SP) 91 [KULDIP SINGH, J.,
proceedings, emphasised. FAIZAN UDDIN, J.]
Environmental Law — Industrial Pollution —
HELD : The suggestion for establishment of Pollutions by hazardous industries in Delhi — The
environment courts is a commendable one. The matter adjourned for want of service of notices on
experience shows that the prosecutions launched in noxious/hazardous industries.
ordinary criminal courts under the provisions of the
Water Act, Air Act and Environment Act never reach 33. M .C .M eh ta v. Union o f In d ia (14 .0 2 .9 6 ),
their conclusion either because of the work-load in 1996(2) Scale(SP) 89(2) [KULDIP SINGH, J.,
those courts or because there is no proper G.B. PATTANAIK, J.]
appreciation of the significance of the environment Environmental Law — Industrial Pollution —
matters on the part of those in charge of conducting Pollutions by hazardous industries in Delhi —
of those cases. Moreover, any orders passed by the Directions given.
authorities under Water and Air Acts and the
Environment Act are immediately questioned by the 34. M .C .M eh ta v. Union o f In d ia (23.02.96),
industries in court. Those proceedings take years 1996(2) Scale(SP) 88(2) [KULDIP SINGH, J.,
and years to reach conclusion. Very often, interim FAIZAN UDDIN, J.]
orders are granted meanwhile which effectively Environmental Law — Industrial Pollution —
disable the authorities from ensuring the Foundries — Installation o f wet scrubbers for
implementation of their orders. All this points to the incinator stated to be likely to be completed by July
need for creating environment courts which alone 15, 1996.
should be empowered to deal with all matters, civil
and criminal, relating to environment. These courts 35. Vellore Citizens Welfare Forum v. Union o f
Should be manned by legally trained persons/judicial In dia (19.02.96), 1996(2) S cale(S P) 87(2)
bfficers and should be allowed to adopt summary [KULDIP SINGH, J., FAIZAN UDDIN, J.]
procedures. This Issue, no doubt, requires to be Environmental Law — Industrial Pollution —
studied and examined indepth from all angles before Pollutions by tanneries — Directions given.
taking any action.
HELD : The learned counsel appearing for the
30. Indian Council f o r Enviro-Legal A ction v. Industries states that the Industries have already
Union o f In d ia (13.02.96), 1996 A IR(SC) contributed their part o f the share for tie
1446: 1996(3) SCC 212: 1996(2) J T 196: construction of common effluent treatment plant. Tie
1996(2) Scale 44: 1996(2) AD(SC) 544 [B.P. State Government has also pooled its contributicn.
JEEVAN REDDT, J., B.N. KIRPAL, J.] Mr. Mahajan, learned counsel for the Union of Inda
Environmental Law— Industrial pollution — Damage states that the Government of India is prepared to
to environment caused by hazardous or inherently contribute its share. The Government of India nay
ENVIRONMENT COURT CASES 299

send its share to the concerned State authority within shall set up unified single agency consisting of
two weeks from the date of the receipt of the order. all the participating States to act as a nodal
Copy of the order be given to Mr. Mahajan within two agency to sort out all the problems of such
days. Copies be sent directly to M inistry of industries. The single window facility shall be set
Environment and Forest, Government of India. up by the four States within one month from
today. This direction to the four states is through
36. M.C. M ehta v. Union o f India (08.07.96), 1996 the Chief Secretaries of the concerned States. The
AIR(SC) 2231: 1996(4) SCC 750: 1996(6) JT Registry shall convey this direction separately to
129: 1996(5) Scale 21: 1996(5) Supreme 255: the Chief Secretaries along with a copy of this
1996 LIC 1825: 1996(3) CCC 78(SC): 1996(3) judgment. We make it clear that no further time
C LT 9 3 (S C ) [K U LD IP SINGH , J., FAIZAN shall be allowed to set up the single window
UDDIN, J.] facility.
Environmental Law — Industrial pollution — [6] The use of the land which would become available
Hazardous industries — Directions given for closure on account of shifting/relocation of the industries
and relocation of such industries. shall be permitted in terms of the orders of this
HELD : [ 1] The above listed 168 industries cannot Court dated May 10, 1996 in I.A. 22 in writ
be permitted to operate and function in Delhi. These petition (c) 4677/85.
industries may relocate/shift themselves to any other [7] The shifting industries on their relocation in the
industrial estate in the NCR. We direct that the 168 new industrial estates shall be given incentives
industries listed above shall stop functioning and in terms of the provisions of the Master plan
operation in the city of Delhi with effect from and also the incentives which are normally
November 30, 1996. These industries shall close extended to new industries in new industrial
down and stop functioning in Delhi with effect from estates.
the said date.
{8] The closure order with effect from November 30,
[2] The concerned Deputy Commissioner of Police 1996 shall be unconditional. Even if the re­
shall, as directed by us, effect the closure of the location of industries is not complete they shall
above industrial units with effect from November stop functioning in Delhi with effect from
30, 1996 and file compliance report in this Court November 30, 1996.
within 15 days thereafter.
[91 The workmen employed in the above mentioned
13) The National Capital Region Planning Board shall 168 industries shall be entitled to the rights and
render all assistance to the industries in the benefits as indicated hereunder:
process of relocation. This direction shall go to
the Board through its secretary. The National (a) The workmen shall have continuity of
Capital Territory, Delhi Administration, through employment at the new town and place where
its Chief Secretary and Secretary, Industries, the industry is shifted. The terms and
State of Haryana through its Chief Secretary and conditions of their employment shall not be
Secretary, Industries, State of Rajasthan through altered to their detriment;
its Chief Secretary and Secretary, Industries and (b) The period between the closure of the
.the State of Uttar Pradesh through its Chief industry in Delhi and its restart at the place
Secretary and Secretary, Industries shall provide of relocation shall be treated as active
all assistance, help and necessary facilities to employment and the workmen shall be paid
the indu stries which intend to relocate their full wages with continuity of service;
themselves in the industrial estates situated in
their respective territories. (c) All those workmen who agree to shift with
the industry shall be given one year’s wages
[4. The allotment of plots, construction of factory as “shifting bonus” to help them settle at the
buildings, etc. and issuance of any licences/ new location;
permissions etc. shall be expedited and granted
(d) The workmen employed in the industries
on priority basis.
which fail to relocate and the workmen who
151 In order to facilitate shifting of industries from are not willing to shift along with the
Delhi, all the four States constituting the NCR relocated industries, shall be deemed to have
300 FUNDAMENTAL DUTIES OF CITIZEENS

been retrenched with effect from November HELD : It is obvious from the orders quoted aboove
30, 1996 provided they have been in and also from various affidavits filed by the Statte of
continuous service (as defined in Section 25B West Bengal and Pollution Control Board thatt all
of the Industrial Disputes Act, 1947) for not the authorities have all the time been willingg to
less than on year in the industries concerned cooperate with the industries. Somehow or the otlher,
before the said date. They shall be paid the industries have not been able to reloc-ate
compensation in terms of Section 25-F(b) of themselves. These industries are located in a thicckly
the Industrial Disputes Act, 1947. These populated industrial area. The NEERI report indicaated
workmen shall also be paid, in addition, one that the ambient air inside the industrial premiises
year’s wages as additional compensation; in the area is also polluted. These industries aire a
serious health hazard for the residents of the airea.
(e) The “shifting bonus” and the compensation
We are left with no other alternative but to direct: the
payable to the workmen in terms of this
closure of the following five industries from tlheir
judgment shall be paid by the management
present location:
before December 31, 1996.
1. M/s. Hydro Carbon & Chemicals
(f) The gratuity amount payable to any workmen
25, Chanditala Main Road
shall be paid in addition.
P.O. NewAlipore
Before parting with this judgment we may briefly P. S. Behala, Calcutta
deal with 762 industries which did not respond to
2. M/s. Lubricating Oil Co.
the public notice published in various newspapers.
35/2/2, Chanditala Main Road
These industries are included in the list of 1226
P.O. NewAlipore
industries which were given public notice by
P.S. Behala, Calcutta-53
publication in the newspapers. These 762 industries
did not file objections in response to the public notice. 3. M/s. Chanditala Galvanising Work
Ordinarily, they should have been declared as ‘H’ 35/1, Chanditala Main Road
category industries under the Master Plan but P.O. NewAlipo
keeping in view the totality of the circumstances, we P.S. Behala, Calcutta-53
are inclined to take lenient view. A list of these 762
4. M/s. Calcutta Printing Ink Pvt. Ltd.
industries has been placed on record by the
Chanditala
Committee. We direct the Committee (Delhi Pollution
P.O. NewAlipore
Control Committee) to issue individual notices to
P.S. Behala, Calcutta-53
these industries within ten days from today asking
them to show cause within ten days thereafter why 5. M/s. Kamdhenu Mess Co.
they be not categorised as ‘H’ industries. The Chanditala, P.O. New Alipore
objections, if any, shall be decided by the Committee P.S. Behala, Calcutta-53
within further ten days and the report indicating the
We give the industries time till June 30, 1996 to
list of ‘H' industries shall be filed in this Court before
make alternative arrangem ent and relocate
August 20, 1996.
themselves. We direct that the above-mentioned five
37. M .C .M e h ta v. U n ion o f In d ia (13 .0 3 .9 6 ), industries shall not operate and function on the
1996(3) Scale(SP) 20 [KULDIP SINGH, J., existing location with effect from July 1, 1996. We
FAIZAN UDDIN, J.) direct the District Magistrate and the Commissioner
of Police of the area to have the above mentioned
Environmental Law — Industrial pollution in Delhi
five industries closed w.e.f. July 1, 1996.
— Revocation of hazardous industries — Direction
given. We are giving three months’ time to these
industries so that they can approach the authorities
38. DJ*.Bhattacharya v. West Bengal Pollution for alternative sites. We have no doubt that the
Control Board (21.03.96), 1996(3) Scale(SP) 41 Government of West Bengal through the Secretaries
[KULDIP SINGH, J., S. SAGHIR AHMAD, J.] concerned and the West Bengal Industrial
Environmental Law — Industrial Pollution — Development Corporation shall render all possible
Hazardous industries in residential area — Directions assistance to these industries in finding the
given. alternative plots.
■ENVIRONMENT COURT CASES 301

39. M .C .M e h ta v. U n ion o f In d ia (2 4 .0 4 .9 6 ), Pollution in Madhya Pradesh — Establishment of


1996(4) Scale(SP) 33 [KULDIP SINGH, J., S.P. Effluent Treatment Plant — Closure of industries —
KURDUKAR, J.] Directions of closure against such industries, who
Environm ental law — Industrial Pollution — has not complied with the recommendations of
Hazardous industries — Removal of — Directions for Pollution Control Board, given.
constitution of High power committee which can
46. M .C. M eh ta v. Union o f In d ia (14.03.96),
examine as to which type of industries can be
1 996(4) S c a le (S P ) 5 [K U L D IP S IN G H . J.,
permitted in a residential area given.
FAIZAN UDDIN, J.]
40. M .C .M e h ta v. U n ion o f In d ia (2 6 .0 4 .9 6 ), Environmental Law — Industrial Pollution —
1996(4) Scale(SP) 67 {KULDIP SINGH, J., K. Pollution at Delhi — Establishment of Common
VENKATASWAMI, J.] Effluent Treatment Plant — Directions given.
Environmental Law — Industrial pollution — in West
47. M .C .M e h ta v. Un ion o f In d ia (2 9 .0 3 .9 6 ),
Bengal — Direction given.
1996(4) Scale(SP) 13(2) [KULDIP SINGH, J.,
41. Indian Council f o r Enviro-Legal Action v. K.T. THOMAS, J.]
Union o f In dia (10.05.96), 1996(4) Scale(SP) Environmental Law — Industrial Pollution —
36 1A.M. AHMADI, C.J., K. VENKATASWAMI, Pollution In Bihar and West Bengal — Directions
J.l given.
Environmental Law — Industrial Pollution — in 48. World Saviors v. Union o f In d ia (13.03.96),
Andhra Pradesh — Direction given. 1996(4) Scale(SP) 22 [A.M. A H M A D I, C.J.,
M.K. MUKHERJEE, J., K. VENKATASWAMI,
- 42. M .C .M e h ta v. U n ion o f In d ia (06 .0 2 .9 6 ),
1996(2) 8cale(SP) 48 [KULDIP 8INGH, J., S. J.l
SAGHIR AHM AD, J.] Environmental Law — Industrial Pollution —
Environmental Law — Industrial pollution — Installation of APCs — Direction given.
Direction given to Pollution Control Board to inspect 49. M .C. M ehta v. Union o f In d ia (10.05.96),
the factory of a Minister In the Govt, of Delhi to find 1996(5) JT 209: 1996(4) Scale 427: 1996(2)
out If the allegations of pollution are true. SCJ 682 [KULDIP SINGH, J., FAIZAN UDDIN,
43. M .C .M eh ta v. U n io n o f I n d ia (02 .0 2 .9 0 ), J.l
1996(2) S cale(SP) 64 (K ULDIP SINGH, J., Environmental Law — Industrial Pollution —
FAIZAN UDDIN, J.] Hazardous industries in Delhi — Relocation of
Environmental Law — Industrial Pollution — industries out of Delhi — Use of land of relocated
Directions given for control of pollution of various industries — Necessity to amend the master plan —
industries situated all over India. Directions given.

44. N e w t Item "H in d u sta n T im e s " A .Q . F.M. 50. Vellore Citizens Welfare Forum v. Union q f
Yamuna v. Central Pollution Control Board India (28.08.98), 1996 AIR(8C) 2715:1996(5)
(1 4 .0 3 .9 6 ), 1996(4) S ca le(S P ) 6 [K U LD IP SCC 647: 1996(7) JT 375: 1996(6) 8eale 194:
8INGH, J., FAIZAN UDDIN, J.] 1996(7) Supreme 307: 1996(3) CLT 336(8C)
[KULDIP SINGH, J., FAIZAN UDDIN, J., K.
Environmental Law — Industrial Pollution —
VENKATASWAMI, J.)
Pollution at Sonepat — Establishment of Effluent
Treatm ent Plant — Closure of Industries — Environmental Law — Industrial pollution —
Suspension o f directions for closure sought — Hazardous industries — Tennarles in Tamil
Directions given. Nadu — Constitutional mandate to improve
environment — Enforcement of statutes on the
45. H a rira m P a tid a r v. M a d h ya P ra d esh subject — The polluter is liable to pay for the
Pollution Control Board (18.03.98), 1998(4) damage caused by it to the environm ent —
8cale(8P) 7 (KULDIP SINGH, J., 8. BAOHIR Torts — Damages for pollution — Easements
AHMAD. J.] Act, 1882 — Section 28(d) — Industrial
Environmental Law — Industrial Pollution — pollution.
302 FUNDAMENTAL DUTIES OF CITIZE2NS

HELD: We order and direct as under: he evades or refuses to pay the compensattion
awarded against him. This shall be in addiition
1. The Central Government shall constitute an
to the recovery from him as arrears o f Wand
authority under Section 3(3) of the Environment
revenue.
(Protection) Act, 1986 and shall confer on the said
authority all the powers necessary to deal with 5. An industry may have set up the necesssary
the situation created by the tanneries and other pollution control device at present but it sshall
polluting industries in the State of Tamil Nadu. be liable to pay for the past pollution generated
The Authority shall be headed by a retired judge by the said industry which has resulted in the
of the High Court and it may have other members environmental degradation and suffering t o » the
— preferably with expertise in the field of pollution residents of the area.
control and environment protection — to be
appointed by the Central Government. The 6. We impose pollution fine of Rs. 10,000 eachi on
Central Government shall confer on the said all the tanneries in the districts of North Axrcot
authority the powers to issue directions under Ambedkar, Erode Periyar, Dindigul Anna, Trrichi
Section 5 of the Environment Act and for taking and Chengai M.G.R. The fine shall be paid be;fore
measures with respect to the matters referred to October 31, 1996 in the office of the Collecttor/
in Clauses (v), (vi), (vii), (viii), (ix), (x) and (xii) of District Magistrate concerned. We direct the
Sub-section (2) of Section 3. The Central Collectors/District Magistrates of these distrricts
to recover the fines from the tanneries. The money
Government shall constitute the authority before
September 30, 1996. shall be deposited alongwith the compensaition
amount recovered from the polluters, undter a
2. The authority so constituted by the Central separate head called “Environment Protection
Government shall implement the “precautionary Fund” and shall be utilised for compensaiting
principle” and the “polluter pays" principle. The the affected persons as identified b y the
authority shall, with the help of expert opinion authorities and also for restoring the damaiged
and after giving opportunity to the concerned environment. The pollution fine is liable to be
polluters assess the loss to the ecology/ recovered as arrears of land revenue. The tanneries
environment in the affected areas and shall also which fail to deposit' the amount by October 31,
identify the individuals/families who have 1996 shall be closed forthwith and shall alsco be
suffered because of the pollution and shall assess liable under the Contempt of Courts Act.
the compensation to be paid to the said
7. The authority, in consultation with expert bodies
individuals/families. The authority shall further
like NEERI, Central Board, Board shall frame
determine the compensation to be recovered from
scheme/schemes for reversing the damiage
the polluters as cost of reversing the damaged
caused to the ecology and environm ent by
environment. The authority shall lay down just
pollution in the State of Tamil Nadu. The
and fair procedure for completing the exercise.
schemes/schemes so framed shall be executed
3. The authority shall compute the compensation by the State Government under the supervision
under two heads namely, for reversing the ecology of the Central Government. The expenditure
and for payment to individuals. A statement shall be met from the “Environment Protection
showing the total amount to be recovered, the Fund” and from other sources provided
names of the polluters from whom the amount by the State Government and the Central
is to be recovered, the amount to be recovered Government.
from each polluter, the persons to whom the
8. We suspend the closure orders in respect o f all
' compensation is to be paid and the amount
the tanneries in the five districts of North Arcot
payable to each of them shall be forwarded to the
Ambedkar, Erode Periyar, Dindigul Anna, Trichi
C ollector/D istrict M agistrate of the area
and Chengai M.G.R. We direct all the tanneries
concerned. The Collector/District Magistrate
in the above five districts to set up CETPs or
shall recover the amount from the polluters, if
Individual Pollution Control Devices on or before
necessary, as arrears of land revenue. He shall
November 30, 1996. Those connected with CETPs
disburse the compensation awarded by the
shall have to instal in addition the primary devices
authority to the affected persons /families.
in the tanneries. All the tanneries in the above
4. The authority shall direct the closure of the five districts shall obtain the consent of the Board
industry owned/managed by a polluter in case to function and operate with effect from December
ENTV1RONMENT COURT CASES 303

15, 1996. The tanneries who are refused consent jurisdiction under Art. 136 of the Constitution for
or who fail to obtain the consent of the Board by the reason they are matters for the High Court to be
December 15, 1996 shall be closed forthwith. looked into. Counsel for the petitioner undertakes to
file the application for review and in fitness of things,
9. We direct the Superintendent of Police and the
it would be open to each industry affected by the
C ollector/D istrict M agistrate/D eputy
order to approach the High Court and place
Commissioner of the district concerned to close
necessary facts before it and seek appropriate
all those tanneries with immediate effect who fail
direction, if deemed necessary. Liberty is given to
to obtain the consent from the Board by the said
them to file the application as expeditiously as
date. Such tanneries shall not be reopened unless
possible. It would be open to the High Court to dispose
the authority permits them to do so. It would be
of the same according to exigency.
open to the authority to close such tanneries
permanently or to direct their relocation. 52. M .C .M eh ta v. Union o f In d ia (0 9 .0 5 .9 6 ),
1996(4) Scaie(SP) 70 [A.M. AHMADI, C.J., S.P.
10. The Government Order No. 213 dated March 30, BHARUCHA, J., B.N. KIRPAL, J.]
1989 shall be enforced forthwith. No new
industry listed in Annexure-I to the Notification Environmental Law— Air Pollution — Lead free Petrol
shall be permitted to be set up within the in metropolitan cities — Directions given.
prohibited area. The authority shall review the 53. M .C .M eh ta v. Un ion o f In d ia (0 7 .0 8 .9 6 ),
cases of all the industries which are already 1996(8) Scale(SP) 3 [KULDIP SINGH, J., S.
operating in the prohibited area and it would be SAGHIR AHMAD, J.]
open to authority to direct the relocation of any
Environmental Law — Mathura refinery — Pollution
of such industries.
by — Setting up of Hospital for treating the people
11. The standards stipulated by the Board regarding living in that area — Taj Mahal — Preservation o f—
total dissolved solids (TDS) and approved by the Removal of encroachment within 200m. — Direction
NEERI shall be operative. All the tanneries and given.
other industries in the State of Tamil Nadu shall
comply with the said standards. The quality of 54. Wasim Ahm ed Saeed v. Union o f India
ambient waters has to be maintained through (06.08.96), 1996(6) Scale(SP) 11(2) [KULDIP
the standards stipulated by the Board. SINGH, J., S. SAG H IR AHMAD, J.]
Environmental Law — Monuments — Preservation
51. T extile P r o c e s s o r s ’ A sso c ia tio n v. C h ie f of — Archaeological Survey of India allowed to close
S ecreta ry , S ta te o f G u ja ra t (0 4 .0 1 .9 6 ), the openings of the basement cells and carry out
1996(1) SCC 772: 1996(1) JT 210: 1996(1) environmental development of the open spaces —
Scale 7(SP): 1996(1) Suprem e 294: 1996(1) Prescribed Authority and Government directed to
SCJ 439: 1996(1) AD(SC) 464: 1996(72) FLR remove the unauthorised building construction and
429 [K. RAMASWAMY, J., G.B. PATTANAIK, encroachments within 100 M. from the protected
J.l monuments — No construction allowed within 300
Environmental Law — Industrial pollution — M. — No shops, hotels, tea stalls allowed by any
Direction of High Court for closure of industries authority within the Area of 300 M. — Some other
including those which were not causing pollution — directions regarding licences to Guides, and
No interference with the direction called for — Liberty photographers etc. given.
granted to the concerned industries to file application
for review in High Court. 55. M .C .M eh ta v. Union o f In d ia (2 4 .0 3 .9 5 ),
1995(4) Scale 789 [KULDIP SINGH, J., S.
HELD : By virtue of the order passed by the High SAGHIR AHM AD. J.]
Court practically all the industries, as found by the Environmental Law — Industrial Pollution —
High Court, though were not discharging the effluents Pollution caused by industries situated in Delhi —
polluting the water leading to the 11 villages, were Extensive air and water pollution — Direction given
prevented to run the operations. Consequently, they to the Pollution Board to issue individual notices to
are put to great loss. In view of these averments, we the polluting industries operating in non-conforming
think it is a matter to be gone into not by us but by areas in violation of master plan, to stop functioning
the High Court. We are not inclined to exercise the or to be relocated elsewhere.
304 FUNDAMENTAL DUTIES OF CITIZERNS

HELD : Master Plan provides setting up of 62. M .C .M eh ta v. Union o f In d ia (12.01.936),


industries only in conforming areas i.e. the industrial 1996(1) Scale(SP) 29 [KULDIP SINGH. J . r, S.
areas earmarked for that purpose. The individual SAGHIR AHMAD, J.]
notices shall also indicate that these industries have Environmental Law — Pollution by stone crushiers
to stop functioning in the city of Delhi and be re­ — Failure to control pollution or to maintain adequiate
located elsewhere. It may also be stated in the notices pollution control measures — Direction given.
that if for the purposes of relocation the industries
require any help from any Government Department/ HELD : Various suggestions and recomnuen-
Agency, they may file their objections in that respect dations have been made by the Board for controllling
before the Secretary, Environment, Delhi pollution. Mr. R.K. Anand, learned counsel appearring
Administration. for the Stone Crushers states that he would have the
recommendations cyclostyled and circulated amtong
56. M .C .M e h ta v. U n ion o f J n d ia(30 .1 2 .9 6 ), the Stone Crushers. One of the difficulties which lhas
1997(1) Scale 61 [KULDIP SINGH, J., FAIZAN been highlighted in the report is the shortage of waiter.
UDDIN, J.] It is suggested by the Board that water can be
Environmental Law — Pollution — Burden of proof provided to the Stone Crushers by digging deep-b>ore
— Held, onus of proof is on the actor or the developer/ tube-wells. Mr. H.N. Salve, learned Senior Coumsel
in d u strialist to show that his action is for the Haryana State Pollution Control Board staites
environmentally benign. that Haryana Board in consultation with the Harycana
Government shall examine the question of wzater
57. R orokola Shram ik Sangh v. Union o f India scarcity. He states it would be possible to supply
(04.04.96), 1996(3) Scale(SP) 62(2) [KULDIP sufficient water to the Stone-crushing units. Mr. R.K.
SINGH, J., FAIZAN UDDIN, J.] Anand agrees that the cost of the water supply slhall
Environmental Law — Pollution — Equipment to be borne by the Stone Crushers. We direct the
control — Installation of — Delay in — Court imposed Haryana Pollution Control Board to issue notice;s to
fine of Rs. 2 lacs as pollution fine and further time all the Stone Crushers, Pulverisers and the Miruing
granted to Steel Authority of India to install owners in the area to construct and instal the
equipments as suggested by NEERI — Environmental Pollution Control Devices, as suggested by the
Law — Punishment. Central Pollution Control Board, within 2 moniths
from the receipt of the notices. The Haryana Boiard
58. M .C .M e h ta v. Union o f In d ia (04.04.96), shall also have a notice published in two newspapers
1996(3) Scale(SP) 58 [K ULDIP SINGH, J., in this respect (English and Vernacular) on
FAIZAN UDDIN, J.]
consecutive days. We direct through Mr. R.K. Anand
Environmental Law — Pollution— Taj — Preservation the Stone Crushers, in the area to instal the Pollution
of — Further direction regarding, issued on 4.4.96. Control Devices within the specified time. We further
direct that failing to instal the Pollution Control
59. Vellore Citizens Welfare Forum v. Union o f
Devices may finally entail the closure of the Stone
In d ia (2 6 .0 4 .9 6 ), 1 9 96 (4 ) S c a le (S P ) 69
Crushers apart from being subjected to pollution fine,
[KULDIP SINGH, J., K. VENKATASWAMI, J.]
not only in the future but also for the past period of
Environmental Law — Industrial pollution— Tannery 3 months.
industries in Tamil Nadu — Directions given.
It has been indicated by the Central Pollution
60. Vellore Citizens Welfare Forum v. Union o f Control Board that there Eire no road facilities in the
In d ia (06.05.96), 1996(4) Scale(SP) 57(2) area. We re-call that when these Stone Crushers were
[KULDIP SINGH, J., FAIZAN UDDIN, J.] shifted from Delhi and the area around Delhi, the
Environmental Law — Industrial pollution— Tannery Haryana Government had undertaken to provide all
industries in Tamil Nadu — Directions given. necessary facilities to the Stone Crushers who would
purchase land, in the earmarked area, and set up
61. Vellore Citizens Welfare Forum v. Union of their Crushers in the said area. We, therefore, direct
In d ia (0 9 .0 4 .9 6 ), 199§,(4) Scale(S P) 44(2) the Haryana Government to provide the road facilities
[KULDIP SINGH, J., FAIZAN UDDIN, J] to the Stone Crushers, Pulverisers and the Mining
Environmental Law— Industrial pollution— Tannery owners, within a reasonable time. Learned counsel
industries in Tamil Nadu — Direction's given. for the pollution Control Board, Haryana states that
ENVIRONMENT COURT CASES 305
V' ' —... -... ' i....... , --- ---

he would file an affidavit in this Court within 3 and make all efforts to complete the plantations
months indicating the progress made in respect of of trees before the monsoon (1996).
construction of the road in this area.
3. We direct the Director, Mining and Geology,
We further direct the State Government that it shall Haryana, the Haryana Pollution Control Board
have all the recommendations and suggestions given to enforce all the recommendations of NEERI
by the Central Pollution Control Board complied with contained in para 6.1 of its report (quoted above)
and acted upon in the locality concerned. Surveillance so far as the mining operations in the State of
for surprise check up shall be taken up in the next Haryana are concerned. All the mines operators
hearing. shall be given notices to implement the said
recommendations. Failing to comply with the
63. M .C.M eh tav. Union o f India (10.05.96), 1996 recommendations may result the closure of the
AIR(SC) 3311: 1996 AIR(SC) 1977: 1996(4) mining operations 4. We further direct that no
SCC 351: 1996(5) J T 372: 1996(4) Scale 422: construction of any type shall be permitted now
1996(4) A D (SC ) 575: 1996(4) A D(SC) 647: onwards within 5 km radius of the Badkhal Lake
1996(4) S u prem e 535: 1996(2) U J 390: and Surajkund. All open areas shall be converted
1996(2) S C J 674 [K U LD IP SINGH , J., K. into green belts.
VENKATASWAMI, J.]
5. The mining leases within the area from 2 km to 5
Environmental Law — Pollution by Stone crushers km radius shall not be renewed without obtaining
— Pollution in Haryana — Directions given. prior “no objection” certificate from the Haryana
Pollution Control Board as also from the Central
HELD: We are, of the view that in order to preserve
Pollution Control Board. Unless both the Boards
environment and control pollution within the vicinity
grant no objection certificate the mining leases
of the two tourist resorts it is necessary to stop mining
in the said area shall not be renewed.
in the area. The question, however, for consideration
is what should be the extent of the said area? NEERI 64. M .C .M eh ta v. Union o f In d ia (), 1996(3)
in its report has recommended that 200 metres green Scale(SP) 23 [KULDIP SINGH . J., FAIZAN
belts be developed at 1 km radius all around the UDDIN, J.]
boundaries of the two lakes. It is thus obvious that
Environmental Law — Pollution in Agra — Direction
twelve hundred metres are required for the green
given for expeditious construction of bye pass for
belts. Leaving another 800 metres as a cushion to
diversion of traffic.
absorb the air and noise pollution generated by the
mining operations, we are of the view that it would HELD : We are of the view that the above
be reasonable to direct the stoppage of mining activity mentioned part of Bye-pas should be completed
Within two km radius of the tourist resorts of Badkhal within six months. We direct the Joint Secretary,
and Surajkund. We, therefore, order and direct as Public Works Department and the Chief Engineer,
under: P.W.D. (B&R) to give their response to our tentative
1. There shall be no mining activity within 2 km suggestion by way of an affidavit in this Court. They
may indicate the difficulties which are likely to come
radius of the tourist resorts of Badkhal and
in their way in completing the project in six months.
Surajkund. All the mines which fall within the
said radius shall not be reopened. 65. M .C .M eh ta v. Union o f In d ia (13 .0 3 .9 6 ),
2. The Forest Department of the State of Haryana 1996(3) Scale(SP) 11 [KULDIP SINGH, J.,
and in particular the Chief Conservator and the FAIZAN UDDIN, J.]
District Forest Officer, Faridabad shall undertake Environmental Law — Pollution in Agra — Pollution
to develop the green belts as recommended by caused by Diesel Generators due to shortage of power
NEERI with immediate effect. The NEERI has also — Notice issued to U.P. Electricity Board.
suggested the development plain and the type of
trees to be planted. We direct the C hief 66 . M .C .M eh ta v. Union o f In d ia (13 .0 3 .9 6 ),
Conservator of Forests, Haryana, District Forest 1996(3) Scale(SP) 11 [K ULD IP SINGH , J.,
Officer, Faridabad and all other concerned FAIZAN UDDIN, J.]
officers of the Forest Department to start the Environmental Law — Pollution in Agra -— Direction
plantation of trees for developing the green belts given to brick Klin owners to stop functioning within
306 FUNDAMENTAL DUTIES OF CITIZEN!S

Taj Trapezium Zone within ten days from publication FAIZAN UDDIN, J.]
of notice in Newspaper. Environmental Law — Pollution in Agra — Directioins
given for taking steps to save Agra and also the Taj.
67. M .C .M e h ta v. Union o f In d ia (23.02.96),
from pollution including the plantation of treies
1996(3) Scale(SP) 53 [K ULD IP SINGH, J..
around Taj.
FAIZAN UDDIN, J.]
Environmental Law — Industrial pollution — 70. M .C .M eh ta v. Union o f In d ia (0 1 .0 3 .9 6 ),
Pollution in Agra — Directions given. 1996(3) Scale(SP) 18 [K U LD IP S IN G H , J .,
FAIZAN UDDIN, J.]
HELD : While hearing the arguments on the
Environm ental Law — Pollu tion in D elhi —
question of re-location of industries from the Agra
Construction of Effluent treatment plant — Direction
Trapezium, it has been brought to our notice that
given.
about 14,000 trucks carrying about 64,000 tonnes
of weight pass through the city of Agra eveiy day HELD : We are prima facie of the view that tlhe
causes huge lot of pollution. It has been suggested ceiling of Rs. one crore fixed in so far as the total
by various authorities including the Agra Heritage contribution of the two States concerned is
Project that it is of utmost urgency that a bye-pass unreasonable, keeping in view the present cost of
be constructed for diverting the traffic from the city construction of the common effluent treatment
of Agra. Realising the importance of the project, we plants. We are further of this view that the procedure
requested some responsible officers from the Public prescribed by the IDBI is also unreasonable and has
Works Department (B&R) to be present in Court and to be simplified. We are tentatively of the view that
assist us. Mr. Mahinder Pal, Executive Engineer the work of construction of the common effluent
concerned is present in Court. Mr. Srivastava, learned treatment plants in respect of 28 Industries/Estates
counsel for the State of U.P. has placed on record in the city of Delhi may be entrusted to the Delhi
Sketch Plan showing the proposed construction of Water Supply and Sewage Disposal Undertaking. The
Agra Bye-pass. It is stated that distance from point Undertaing is already in the process of constructing
Runkada on the Delhi-Agra road up to point B3, 13 Sewage Treatment Plants in the city of Delhi.
which is on Agra-Bombay-Gwalior road, via B 1 canal, Before we pass final directions in this respect, we
is about 24 Kms. If this part of the Bye-pass is would like to have the response of the Government
constructed, almost 50% of the traffic can be diverted. of India, the State Government and IDBI and the
It is stated by Mr. Srivastava that the work for the undertaking. We direct all these four authorities to
construction of this part of the Bye-pass is already depute a responsible officer with full knowledge and
in progress. He further states that due to paucity of study on the above-mentioned subject. These officers
funds, it may not be possible to complete the be present in the Court on March 11. 1996 at 2.00
construction of this part for another 2/3 years. p.m.
We are of the view that the above mentioned part 71. M .C .M eh ta v. Union o f In d ia (30.12.96),
of Bye-pass should be completed within six months. 1997(1) Scale 61 [KULDIP SINGH, J., FAIZAN
We direct the Joint Secretary, Public Works UDDIN, J.]
Department and the Chief Engineer. P.W.D. (B&R) to Doctrines — Precautionary principle — Polluter pays
give their response to our tentative suggestion by way principle — scope of — Held, precautionary principle
of an affidavit in this Court. They may indicate the and polluter pays principle are part of the
difficulties which are likely to come in their way in environmental law of the country — Environmental
completing the project in six months. Law — Precautionary principle — Polluter pays
principle.
68. M .C .M e h ta v. Union o f In d ia (10.04.96),
1996(4) Scale(SP) 29 [K ULDIP SINGH, J., HELD: Apart from the constitutional mandate to
FAIZAN UDDIN, J.] protect and improve the environment there are plenty
Environmental Law — Pollution — Mathura refinery of post independence legislations on the subject but
— Construction of Hydro Cracking Unit in — more relevant enactments for our purpose are: The
Direction given. Water (Prevention and Control of Pollution) Act, 1974
(the Water Act), the Air (Prevention and Control of
09. M .C .M e h ta v. Union o f In d ia (02.02.96), Pollution) Act, 1981 (the Air Act) and the Environment
1996(2) Scale(SP) 65 [K ULDIP SINGH, J v Protection Act, 1986 (the Environment Act). The Water
ENVIRONMENT COURT CASES 307

Act provides for the constitution of the Central issued by the Government prohibiting industries in
Pollution Control Board by the Central Government coastal areas — Direction given to the States not to
amd the constitution of the State Pollution Control permit setting up of any industry or construction of
Boards by various State Governments in the country. any type on the area upto 500 metres from the High
T h e Boards function under the control of the Tide Line of the Sea and also to show cause in regard
Governments concerned. The Water Act prohibits the to the w rit petition contending the non
use of streams and wells for disposal of polluting implementation of the notification.
matters. Also provides for restrictions on outlets and
discharge of effluents without obtaining consent from Rorokola Shramik Sangh v. Union o f India
the Board. Prosecution and penalties have been (04.04.96), 1996(3) Scale(SP) 62(2) [KULDIP
provided which include sentence of imprisonment. SINGH, J., FAIZAN UDDIN, J.]
The Air Act provides that the Central Pollution control Environmental Law — Pollution — Equipment to
Board and the State Pollution Control Boards control — Installation of — Delay in — Court imposed
constituted under the Water Act shall also perform fine of Rs. 2 lacs as pollution fine and further time
the powers and functions under the Air Act. The granted to Steel Authority of India to install
main function of the Boards, under the Air Act, is to equipments as suggested by NEERI — Environmental
improve the quality of the air and to prevent, control Law — Punishment.
and abate air pollution in the countiy.
75. M .C .M eh ta v. Union o f In d ia (3 0 .1 2 .9 6 ),
In view of the above mentioned constitutional and 1997(1) Scale 61 [KULDIP SINGH, J., FAIZAN
statutory provisions we have no hesitation in holding UDDIN, J.]
that the precautionary principle and the polluter pays
Service Law — Wages — Quantum o f —
principle are part of the environmental law of the
Determination of — Shifting of air polluting
country.”
industries — Held, All those workmen who agree to
72. M .C .M e h ta v. Union o f In d ia (15.03.96), shift with the industry are entitle to one year’s wages
1996(3) ScalefSP) 56 [KULDIP SINGH, J.. S. as shifting bonus to help them settle at the new
SAGHIR AHM AD, J.) location — Service Law — Bonus — Shifting bonus
— Environmental law — Relocation of industries —
Environmental Law — Preservation of Taj Mahal and
Shifting bonus to employee — Quantum of.
protecting the environment in the Taj trapezium —
Steps to plant the green belt — Contempt proceedings 76. M .C .M eh ta v. Union o f In d ia (3 0 .1 2 .9 6 ),
— Notice issued to concerned officers. 1997(1) Scale 61 [KULDIP SINGH, J., FAIZAN
UDDIN, J.]
73. In d ia n C ouncil f o r E nvir-Legal A ction v.
Union o f In d ia (09.03.95), 1995 AIR(SC) Service Law — Terms and Conditions — Alteration
2252: 1995(3) SCC 77: 1995(2) Scale 146(1): of — Relocation of air polluting industries — Held,
1995(2) CCC 262: 1995(1) U J 732 [KULDIP the workmen shall have continuity of employment at
SDVGH, J.. S. SAGHIR AHMAD, J.] the new town and place where the industry is shifted
— The terms and conditions of their employment
Environmental Law — Coastal Area development
should not be altered to their detriment — Continuity
activities in the Coastal Regulation Zone —
of service — Relocation of industry — Environmental
Restriction/prohibition on construction and setting
Law — Relocation of industries — Terms and
ilp of industries— The notification issued by Ministry
conditions of employment — Alteration of.
irf Environment under Rule 5(3)(d) of Environment
Protection Rules, 1986 should be meticulously 77. M .C .M eh ta v. Union o f In d ia (3 0 .1 2 .9 6 ),
followed by all concerned States — Direction given 1997(1) Scale 61 [KULDIP SINGH, J., FAIZAN
to meticulously follow the regulations prohibiting and UDDIN, J.]
permitting the activities in coastal areas. Service Law — Wages — Relocation of air polluting
industry — Entitlement for the period of — Held, the
74. Indian Council f o r Enviro-Legal Action v.
period between the closure of the industry and its
Union o f India (12.12.94), 1995(2) Scale 584
restart at the place of relocation should be treated
[KULDIP SDVGH, J., 8UHAS C. SEN, J.]
as active employment and the workmen should be
Environment (Protection) Rules, 1986 — Rule paid their full wages with continuity of service —
S(3)(d) — protection of coastal areas — Notification Service Law — Employment — Active employment —
308 ____________ FUNDAMENTAL DUTIES OF CITIZENS

C ontinuity o f service — Determ ination o f — — Notice issued to certain institution situated in the
Environmental Law — Relocation of industry — ridge area for vacating the premises.
Wages to employees.
85. M .C .M eh ta v. Union o f In d ia (2 4 .0 4 .9 6 ),
78. M .C .M e h ta v. Un ion o f In d ia (26.07.96), 1996(4) Scale(SP) 61 [KULDIP SINGH, J., S.P.
1996(7) Scale(SP) 15 [KULDIP SINGH, J., S. KURDUKAR, J.]
SAG H IR A H M A D , J.] Environmental Law — Ridge area — Depletion of
Environmental Law — Ridge Area — Protection o f— Ridge forest in Delhi — Progress in relocation of Petrol
Removal of encroachments — Formation of societies pumps out of forest area — Directions given.
for industries — Direction given.
86. M .C .M e h ta v. Union o f In d ia (1 3 .0 3 .9 6 ),
79. M .C .M e h ta v. Union o f In d ia (30.08.96), 1996(4) Scale(SP) 49 [KULDIP SINGH , J.,
1996(8) S cale(S P ) 22 [K ULD IP SINGH, J., FAIZAN UDDIN, J.]
FAIZAN UDDIN. J., K. VENKATASWAMI, J.] Environmental Law — Ridge area — Depletion of
Environmental Law — Ridge area — Protection of — Ridge forest in Delhi — Progress in relocation out of
Pirection to vacate the ridge area given. forest area — Directions given.

80. M .C .M e h ta v. Union o f In d ia (12.07.96), 87. M .C .M eh ta v. Union o f In d ia (09 .0 4 .9 6 ),


1996(5) Scale(SP) 1 [KULDIP SINGH, J., N.P. 1996(4) Scale(SP) 41 [K ULD IP SIN G H , J.,
SINGH, J., S. SAG H IR AHM AD, J.] FAIZAN UDDIN, J.]
Environmental Law — Ridge area — Badkhal lake Environmental Law — Ridge area — Depletion of
and Surajkund — Direction given. Ridge forest in Delhi — Direction given.

81. M .C .M e h ta v. Union o f In d ia (03.04.96), 88. V ir e n d e r G a u r v. S ta te o f H a r y a n a


1996(3) Scale(S P) 37 [K ULD IP SINGH, J., (24.11.94), 1995(2) SCC 577: 1994(5) Scale
FAIZAN UDDIN, J.] 211: 1995(1) UJ 529 [K. RAMASWAMY, J.,
Environmental Law — Ridge area — Court issued N. VENKATACHALA, J.)
directions on April 3, 1996 for taking further action Constitution of India — Articles 21, 48-A, 47 & 51 -A
in the matter of water reservoirs, Asola Wildlife — Environment — Right of hygienic environment —
Sanctuary, Institutions, Religious institutions. Any acts or actions which cause environmental
Hospitals, Social institutions, private persons and pollution amount to violation of Article 21.
Marble dealers and Automobile Workshops
HELD : Article 48-A in Part IV (Directive
82. M .C .M eh ta v. Union o f In d ia (21.03.96), Principles) brought by the Constitution 42nd
1996(3) Scale(SP) 51 [KULDIP SINGH, J., S. Amendment Act, 1976, enjoins that “translate shall
SAGHIR AHM AD, J.] endeavour to protect and improve the environment
Environmental Law — Ridge area — Pollution in Delhi and to safeguard the forests and wild life of the
— M.C.D. has no authority to permit any shop country.” Article 47 further imposes the duty on tie
keepers to operate shops within the Ridge area — State to improve public health as its primaiy duty.
Direction given — Delhi Municipal Corporation Act, Article 51-A(g) imposes “a fundamental duty” on
1957 — Section 416(2). every citizen of India to protect and improve the
natural “environment” including forests lakes, rivers
83. M .C .M eh ta v. U nion o f In d ia (20.04.96), and wild life and to have compassion for living
1996(4) Scale(SP) 68 [KULDIP SINGH, J., creatures”. The word 'environment’ is o f broad
FAIZAN UDDIN, J.] spectrum which brings within its ambit “hygienic
Environmental Law — Ridge area — Depletion of atmosphere and ecological balance.” It is, therefore,
Ridge forest in Delhi — Progress in relocation of not only the duty of the State but also the duty of
industries out of forest area — Directions given. every citizen to maintain hygienic environment. The
State, in particular has duty in that behalf and to
(14. M .C.M ehta v. Union q f I n d i a '(24.07.96), shed its extravagant unbridled sovereign power and
1996(6) Scale(8P) 19(2) [KULDIP SINGH, J., to foiTge in its policy to maintain ecological balance
8. SAGHIR AHMAD, J.] and hygienic environment. Article 31 protects rigit
fcnvironmental Law — Ridge area — Restoration of to life as a fundamental right. Enjoyment of life and
ENVIRONMENT COURT CASES 309

its attainment including their right to life with human 90. M .C .M eh ta ▼. U n io n o f I n d ia (1 3 .12.96),
{dignity encompasses within its ambit, the protection 1996(9) Scale 141 [K U L D IP SINGH , J., S.
and preservation of environment, ecological balance SAGHIR AHM AD, J.]
free from pollution of air and water, sanitation Environm ental Law — R iv e r pollu tion —
Without which life cannot be enjoyed. Any contra acts Encroachm ent on river bed — Subsequent
Or actions would cause environmental pollution. regularisation of encroachment o f land forming part
Environmental ecological, air, water, pollution, etc. of protected forest as also river bed allotted for
should be regarded as amounting to violation of commercial exploitation by a motel — The lease deed
Article 21. Therefore, hygienic environment is an issued in favour of such motel, set aside.
integral fact of right to healthy life and it would be
impossible to live with human dignity without a HELD: Large area of the bank of river Beas which
humane and heedthy environment. Environmental is part of protected forest has been given on a lease
protection, therefore, has now become a matter of purely for commercial purposes to the Motels. We
grave concern for human existence. Promoting have no hesitation in holding that the Himachal
environmental protection implies maintenance of the Pradesh Government committed patent breach of
environment as a whole comprising the man-made public trust by leasing the ecologically fragile land to
and the natural environment. Therefore, there is a the Motel management. Both the lease - transactions
constitutional imperative on the State Government are in patent breach of the trust held by the State
and the municipalities, not only to ensure and safe­ Government. The second lease granted in the year
guard proper environment but also an imperative 1994 was virtually of the land which is a part of river­
duty to take adequate measures to promote, protect bed. Even the board in its report has recommended
and improve the environment man-made and the deleasing of the said area.
natural environment. We, therefore, order and direct as under:
69. H ow ra h G an ata ntrik N a ga rik Sam ity v. 1. The public trust doctrine, as discussed by us in
State o f West Bengal (01.09.95), 1995(5) this judgment is a part of the law of the land.
Scale 224(1) [KULDIP SINGH, J., S. SAGHIR
AHM AD, J.] 2. The prior approval granted by the Government of
India, Ministry of Environment and Forest by the
Environmental Law — Litigation concerning local letter dated November 24, 1993 and the lease-
issues relating to environment all over India — Rise deed dated April 11, 1994 in favour of the Motel
in litigation in Supreme Court — Notices issued to are quashed. The lease granted to the Motel by
various Bar Associations (to resolve the problem?) — the said lease-deed in respect of 27 bighas and
Practice & Procedure — Constitution of India — 12 biswas of area, is cancelled and set aside. The
Article 32 Himachal Pradesh Government shall take over
the area and restore it to its original natural
HELD : During the last two years large number
conditions.
of writ petitions in public interest litigation under
Article 32 concerning environmental matters have 3. The Motel shall pay compensation by way of cost
been filed in this Court. We are prima facie of the for the restitution of the environment and ecology
view that the burden in this field of law on this Court of the area. The pollution caused by various
is so much that it will not be possible for this Court constructions made by the Motel in the river bed
to deal with the environmental problem in various and the banks of the river Beas has to be removed
parts of the country. We are of the view that the Bar and reversed. We direct NEERI through its
Association which is the largest collectivity of Director to inspect the area, if necessary, and
intellectuals in this country must come forward to give an assessment of the cost which is likely to
assist this Court in this field of work. We therefore be incurred for reversing the damage caused by
issue notice to the President of Bar Association of the Motel to the environment and ecology of the
India, Presidents of Bair Association of West Bengal area. NEERI may take into consideration the
knd Howrah, President of the Supreme Court Bar report by, the Board in this respect.
Association, Bar Council of India to give their 4. The Motel through its management shall show
response in this respect. Notice to be returnable on cause why pollution fine in addition be not
24.11.1995. imposed on the Motel.
310 FUNDAMENTAL DUTIES OF CITIZENSJS

5. The Motel shall construct a boundary wall at a 93. S.Jagannath v. Union o f In dia (11.12.966),
distance of not more than 4 metres from the 1997(2) SCC 87: 1997(1) J T 160: 1 9 9 6 («9 )
cluster or rooms (main building of the Motel) Scale 167 [KULDIP SINGH, J., S. SAGHEIR
towards the river basin. The boundary wall shall AHM AD, J.]
be on the area of the Motel which is covered by Environmental Law — Shrimps culture — Effect <of
the lease dated September 29, 1981. The Motel modern method on ecology.
shall not encroach/cover/utilise any part of the
river basin. The boundary wall shall separate the HELD: Shrimps are basically marine. Shrimpps
Motel building from the river basin. The river bank are also called Prawns. In commercial jargon, marinne
and the river basin shall be left open for the public prawns are referred to as shrimps and freshwatrter
use. ones as prawns. Prawns and shrim ps anre
invertebrates and are decaped crustaceans. Sea . is
6. The Motel shall not discharge untreated effluents their home and they grow in adulthood and breed i in
into the river. We direct the Himachal Pradesh the sea. The progeny start their life by drifting intito
Pollution Control Board to inspect the pollution estuaries and such other brackishwater areas ftfor
control devices/treatment plants set up by the feeding. In about 4-6 months the larvae grow intito
Motel. If the effluent/waste discharged by the adolescence and go back to their real home of birtlth,
Motel is not conforming to the prescribed the sea.
standards, action in accordance with law be taken
against the motel. Aquaculture has been practised for manny
centuries by small farmers and fisherfolk in Asia t to
7. The Himachal Pradesh Pollution Control Board improve their living conditions. However, there is 5 a
shall not permit the discharge of untreated vast difference between the traditional methods annd
effluent into river Beas. The Board shall inspect the new commercialised system. The traditionaal
all the hotels/institutions/factories in Kullu- aquaculture, including shrimp, is usually smalill-
Manali area and in case any of them are scale, using low inputs and relies on natural tiddal
discharging untreated effluent/waste into the action for water-exchange. In some countries, succh
river, the Board shall take action in accordance as India, Bangladesh and Thailand, there is a
with law. tradition of rice/shrimp rotating, with rice growvn
91. M.C. M eh ta v. Union o f In dia (19.02.96),
part of the year and shrimp and other fish specifies
1996(2) Scale(SP) 88(1) [KULDIP SINGH, J..
cultured the rest of the year. Chemicals, antibioticcs
FAIZAN UDDIN, J.]
and processed feeds are not used in the traditionaal
method. In this low-yield, natural method, the harveest
Environmental Law — Taj Mahal — Safety of — is small but sustainable over long periods. It has mo
Construction on Green Belt around Taj restrained. adverse effect on the environment and ecology. THie
HELD : The inspection team which visited the modern method, on the other hand, is larger in scaale
Taj and the area around Taj for the purpose of and intensive or semi-intensive in nature. It is owneed
inspecting the progress in setting up of the green and operated by commercial and often foreign-owneed
belt has reported that a hotel under the name companies which mainly export the shrimp. I In
‘Mumtaj Mahal’ is in the process of being constructed intensive aquaculture, selected species are bred usimg
at a distance of hardly few metres from the Taj a dense stocking rate. To maintain the very crowdeed
Complex. Learned Solicitor General is present in shrimp population and attain higher productioan
court. We request him to find out as to whether the efficiency, artificial feed, chemical additives amd
necessary permission has been obtained and if so antibiotics are used.
from which authorities. We further request him to The environmental impact if shrimp cultuire
have the actual construction stopped till further essentially depends on the mode of culture adopteed
orders. in the shrimp farming. Indeed, the new trend of mowe
intensified shrimp farming in certain parts of tlhe
92. M .C .M eh ta v. Union o f In d ia (06.08.96),
country without much control of feeds, seeds amd
1996(7) Scale(SP) 17
other inputs and water management practices luas
Environmental Law — Sewage Treatment Plant — brought to the fore a serious threat to tlhe
Construction of — Further directions given. environment and ecology.
; ENVIRONMENT COURT CASES_______________________ 311

941. B u ffa lo T ra d e rs W elfa re A s s o c ia tio n v. (iii) The slaughter house shall be kept
Union o f In d ia (19.02.96), 1996(2) Scale(SP) environmentally clean by the MCD.
8 9 (1 ) [S .P . BHARUCHA, J ., K.
(2) The Central Pollution Control Board shall visit
VENKATASWAMI, J.]
the slaughter house every two months till June
Emvironmental Law — Slaughter house — No 30, 1997 and file report in this Court indicating
cojnsensus about the place where the slaughter house the environmental status of the premises.
comld be shifted — Directions given for hearing of
thte matter on merits. (3) The animal market shall not be permitted to
function near the slaughter house. Holding the
955. B u ffa lo T ra d e rs W elfare A s s o c ia tio n v. animals market in the crowded part of the city is
M anek a Gandhi (30.11.96), 1996(8) Scale environmentally hazardous and cannot be
665: 1996(8) Suprem e 349: 1996(9) AD(SC) permitted.
221 [K ULDIP SINGH, J., B.L. HANSARIA, J.]
(4) The Deputy Commissioner of Police of the area
Emvironmental Law — Slaughter House in Delhi — shall stop the holding of the market in the vicinity
In the interest of consumers, the Slaughter House of the slaughter house. The meat sellers/butchers
peirmitted to function till 30.6.1997 with stipulation may bring the animals to the slaughter house in
to keep the Slaughter House environmentally clean an environmentally clean manner and take the
wftiile restricting the number of animals to be meat back in similar way. No market should be
slaughtered — Slaughtering of large animals, permitted in the area.
pnohibited.
(5) The Municipal Corporation of Delhi shall stop all
HELD: Though the interlocutory applications are illegal slaughtering in Quasebpura area near
lialble to be dismissed, but the consideration which Idgah or any other part o f Delhi. The
is weighing with us in not dismissing the same Commissioner, Municipal Corporation, Delhi
altogeth er is the interest o f large number of shall take necessary steps to stop the illegal
comsumers in the territory of Delhi. This is the only slaughtering in all parts of Delhi. If necessary
industry of its type in the territory. There being no police help be taken in this respect.
otlner slaughter house near at hand to cater the needs (6) We make it clear that heavy pollution fine shall
of the residents of Delhi some hardship is likely to be imposed by this Court on polluters indulging
be caused to the meateaters. At the same time the in illegal slaughtering. Even the MCD shall be
intterest of environment and ecology cannot be liable to pollution fine if the slaughter house is
igmored. It cannot be disputed that the slaughter not kept environmentally clean. The staff in
hotuse is being run under highly polluted charge of the slaughter house may personally be
environment. With a view to keep balance between liable to pay the fine.
the need of the people of Delhi and the environment,
We; direct as under: (7) Municipal Corporation of Delhi shall take step
on war-footing to construct the modem slaughter
(1) We permit the Idgah Slaughter House to function house on the alternative land already acquired
till June 30, 1997 on the following conditions: by the Corporation. We make it clear that the
(i) Goats/he goats/sheep numbering 2000 per Idgah Slaughter house would not be permitted
day shall be permitted to be slaughtered in to continue at the present site beyond June 30,
the premises, no other animals shall be 1997.
slaughtered.
96. M .C .M eh ta v. Union o f In d ia (30 .1 2 .9 6 ),
(ii) Buffaloes (any sex), cows, bulls (i.e. large 1997(1) Scale 61 [KULDIP SINGH, J., FAIZAN
animals) shall not be permitted to be UDDIN, J.]
slaughtered as their slaughter generates Environmental Law — Taj — Preservation of — Use
more pollution. The Buffalo section is the of natural gas instead of coke/coal— The industries,
most polluted section in the slaughter house. which has accepted gas as on industrial fuel
We reiterate that except 2000 (Two thousand and have taken gas connections, held, need not
only) goats/he goats/ sheep no other animals relocate.
to be slaughtered in the premises. The buffalo
section of the slaughter house shall be closed HELD: We, therefore, hold that the above-
with immediate effect. mentioned 292 industries shall as per the schedule
312 FUNDAMENTAL DUTIES OF CITIZENS

indicated hereunder change-over to the natural gas Based on the reports o f various tech n ical
as an industrial-fuel. The industries which are not authorities mentioned in this judgment, we have
in a position to obtain gas connection — for any already reached the finding that the emissions
reason - shall stop functioning with the aid of coke/ generated by the coke/coal consuming industries are
coal in the TTZ and may relocate themselves. air-pollutants Eind have damaging effect on the Taj
and the people living in the TTZ. The atmospheric
97. M .C .M e h ta v. Union o f In d ia (30.12.96), pollution in TTZ has to be eliminated at any cost.
1997(1) Scale 61 [KULDIP SINGH, J., FAIZAN Not even one per cent chance can be taken when —
UDDIN, J.] human life apart — the preservation of a prestigious
Environmental Law — Taj — Preservation o f — monument like the Taj is involved. In any case, in
Consideration of NEERI and Varadharajan reports view of the precautionary principle as defined by this
— After considering the four NEERI reports, two Court, the environmental measures must Einticipate,
Varadharajan reports and several reports by the prevent and attack the cause of environmental
Board, Court came to the conclusion that the degradation, the ‘onus of proof is on an industry to
industries in the TTZ are active contributors to the show that its operation with the aid of coke/coal is
air pollution in the said area — Relocation of environmentally benign. It is, rather, proved beyond
industries responsible for the air pollution — doubt that the emissions generated by the use of
Direction given — Environmental Law— Air pollution coke/coal by the industries in TTZ are the main
— Relocation of industries. polluters of the ambient air.

HELD: There are four NEERI reports, two 98. N e w s Ite m H in d u s ta n T im e s “A .Q .F .M .


Varadharajan reports eind several reports by the Yamuna v. Central Pollution Control Board
Board. After examining all the reports and taking into (29.08.96), 1996(8) Scale(SP) 24 [K U LD IP
consideration other material on the record, we have SINGH, J., FAIZAN UDDIN, <J.]
no hesitation in holding that the industries in the Environmental Law— Taj Mahal — Plantation of trees
fT Z are active contributors to the air pollution in around — Brick kilns — Removal of — Electricity —
the said area. NEERI and Varadharajan (1978) reports Continuous supply — Slaughter of — Construction
have specifically recommended the relocation of of — Alternative place to occupier of area by shop
industries from the TTZ. Although the Board has owners around Taj Mahal — Direction given.
placed on record list of 510 industries which are
99. M .C .M eh ta v. Union o f In d ia (07.08.96),
responsible for air pollution but in view of our order
1996(8) Scale(SP [KULDIP SINGH, J., S.
dated April 11, 1994 we Eire confining this order
SAGHIR AHMAD, J.]
only to 292 industries located Eind operating in Agra.
Environmental Law — Mathura refinery — Pollution
The Taj, apart from being cultural heritage, is an by — up of Hospital for treating the people living
industry by itself. More them two million tourists visit in that area — Taj Mahal — Preservation of —
the Taj every year. It is a source of revenue for the Removal of encroachment within 200m. — Direction
country. This Court has monitored this petition for given.
over three years with the sole object of preserving
Eind protecting the Taj from deterioration Eind damage 100. Vellore Citizens Welfare Forum ▼. Union o f
due to atmospheric and environmental pollution. It India(08.09.95), 1995(5) Scale 592 [KULDIP
cannot be disputed that the use of coke/coal by the SINGH, J., S. SAGHIR AHM AD, J.]
industries emit pollution in the ambient air. The
Environmental Law — Tanneries — Water and air
objective behind this litigation to stop the pollution
pollution caused by tanneries in Tamil Nadu — The
While encouraging development of industry. The old
affluent treatm ent plant com pleted despite
Concept that development Eind ecology cEinnot go
opportunity — The project not even started as yet —
together is no longer acceptable. Sustainable
Direction given to close down 162 tanneries with
development is the answer. The development of
immediate effect.
{ndustry is essential for the economy of the country,
but at the same time the environment and the eco­ HELD: The Pollution Control Boeird hsis inspected
systems have to be protected. The "pollution created all these tanneries and placed its report before us.
as a consequence of development must commen­ According to the report most of these tanneries have
surate with the CEirrying capacity of our eco-systems. not even started primary work at the spot. Some of
ENVIRONMENT COURT CASES 313

them have not even located the land. The tanneries which are manufacturing pesticides and which do
should have themselves set up the pollution control not have any crisis-management plants may have
devices right at the time when they started working. to be strictly dealt with. Our attention was also drawn
They have not done so. They are not even listening to to the Counter Affidavit filed on behalf of the State
various orders passed by this Court lfrom time to wherein also at paragraph l.D. the fact that the
time during the last more than 2 years. It is on the farmers had suffered a loss on account of damage to
record that these tanneries are polluting the area. their crops caused by pollution of the water stream
Even the water around where they are operating is is not in dispute. What the State Government says is
not worth drinking. We give no further time to these that the farmers have been ‘adequately’ compensated
tanneries. We direct the tanneries which are from time to time. Taking note of the fact that in ten
numbering about 162 to be closed with immediate villages the total loss was to the tune of Rs. 28.34
effect. lakhs (estimated by the officials along with local
people), we find that the contribution from the
101. Vellore Citizens Welfare Forum ▼. Union of
industrialists has been to the tune of Rs.7,49,963/-
India(08.09.95), 1995(5) Scale 592 [KULDIP
between 23.12.88 and October, 1990 towards the
SINGH, J., S. SAGHIR AHMAD, J.]
ascertained compensation and out of this amount
Environmental Law — Tanneries — Water and air only a sum of Rs.6,54,364/- has been disbursed to
pollution caused by tanneries in Tamil Nadu — The the farmers. It appears that the Pollution Control
affluent treatment plant not completed — The Board had identified as many as 22 industries
industries granted time to complete the project of responsible for the pollution caused by discharge of
affluent treatment by 31.12.1995. their effluents into Nakkavagu. They were responsible
to compensate the farmers. It was the duty of the
102. M .C .M e h ta v. Union o f In d ia (07.05.96), State Government to ensure that this amount was
1996(4) Scale(SP) 60 [KULDIP SINGH, J., recovered from the industries and paid to the
S. SAG H IR AHMAD. J.] farmers. In the circumstances, we direct the State
Environmental Law — Underground water — Government to deposit the amount of Rs.28,34,000/
Depletion of underground water — Indiscriminate - minus the amount paid by the industrialists in the
digging of Bore wells — Notice issued to NCT of Delhi. first instance with the High Court of Andhra Pradesh
within four weeks from today. Needless to say that
103. M .C .M e h ta ▼. U n io n o f In d ia ( 14.02.96), since there has been sufficient delay in the matter of
1996(2) Scale(SP) 92 1A.M. AHMADI, C.J., compensating the farmers this Court will not brook
SUJATA V. M ANOHAR, J ., K. further delay. After the amount is deposited, the High
VENKATASWAMI, J.] Court will direct the concerned District judge to
Environm ental Law — Vehicular Pollution — obtain the Report by which this assessment was
Pollutions by vehicular traffic in Delhi — Directions made, ascertain the farmers entitled to compensation,
given. determine the amount of loss to be compensated and
submit a Report to this Court at an early date. The
104. Indian Council F o r Enviro-Legal Action v. District Judge will also ascertain if the treatment
Union o f In d ia (10.11.95), 1995(6) Scale plant has since been set up and if there has been
578(2): 1995(9) JT 427 [A.M. AHMADI, C.J., any progress on that behalf. He will submit a Report
K.S. PARIPOORNAN, J.] to this Court in that connection also.
Torts — Damages — Claim of — On account of
pollution caused to the water resulting in damage to 105. V in eet K u m a r M a th u r v. U n ion o f In d ia
£he standing crops — It was the duty of the State (08.11.95), 1996(1) SCC 119: 1995(8) J T 27:
Government to ensure that the amount of damages 1995(6) Scale 241: 1996(1) U J 164: 1996(1)
is recovered from the industries responsible for the CLT 56(SC): 1996(1) SCJ 536 [B.P. JEEVAN
pollution and paid to the farmers who suffered the REDDY, J., G.T. NANAVATI. J.]
damages — Direction given to the State Government Contempt of Court — Apology — Disobedience of the
to deposit- the amount of damages in Court. order of the Court — Grant of consent by pollution
(Environmental Law — Water pollution). Control Board of UP under the provisions of Water
(Control of Pollution) Act, 1974 in violation of the
HELD : A situation of that type cannot be allowed orders of the Supreme Court— Unconditional apology
to continue and it seems that certain industries tendered by the Officers of the Pollution Control
314 FUNDAMENTAL DUTIES OF CIDIZENNS

Board accepted and no sentence imposed by taking a lapse on his part. Of course, even in his seco^nd
lenient view of the matter — Environmental Law — affidavit, he has tried to explain that his orders w e re
Water pollution. passed upon the note put up by Sri Darshan Stnjgh,
Member-Secretary, the legal opinion tendered by tthe
HELD : So far as the addition of the words, "this Law Secretary and.the decision taken by his supericors
consent order is subject to the orders passed by the including the Advisor to H.E. the Governor. A t tthe
Hon’ble Supreme Court of India in W.P. 327 of 1990 time of arguments, however, Sri Kapil Sibal.learmed
(Vineet Kumar Mathur v. Union of India)’’ are counsel for Sri Pradeep Kumar, made no attem ptt to
concerned, we think that it was a clever ploy by the justify his conduct. Sri Sibal plainly admitted tlhat
person(s) issuing the consent. Firstly, the order of what has been done was in clear violation o f tthe
this Court dated January 15, 1993 precluded grant orders of this Court dated January 15, 1993. Sri Silbal
of any consent subsequent to March 31, 1993. submitted that in view of the unblemished recordl of
Secondly, there was no point in saying that the said the officer and in view of the circumstances statted
consent was “subject to the orders passed by the in his second affidavit and his assurance that he
Hon’ble Supreme Court” when the consent being will never allow any such situation to arise in futuire,
granted was itself in plain contravention of the order the unconditional apology tendered by him may be
of this Court. If really the Pollution Control Board accepted. Counsel submitted that Sri Pradeep Kuimar
meant what it now says, the least — and probably is truly repenting his lapse and the unconditioinal
the only course open to it — it could have done was apology by him is born of genuine contriteness.
to apply to this Court for permission to issue a
‘consent’ for the reasons stated by it. It did nothing It is significant to note that Para 3 of this Ntote
of the sort. It went ahead and issued a consent with does refer to the order of this Court dated January
the said misleading words allowing the industry to 15, 1993 and to the refusal of consent by P.C.B.. to
operate contrary to the orders of this Court. Yet Mohan Meakins on March 31, 1993, yet it says tlhat
another fact to be noticed in this behalf is the variance in view of the instructions issued by the Uttar Pradesh
between the ground stated in Mohan Meakins’ Government on April 20, 1993, the order dated March
application (for consent) dated April 2, 1993 and the 31, 1993 refusing consent is liable to be reviewed
terms subject to which it was granted consent by under Section 27 of the Water Act. It singularly fails
P.C.B. In their application dated April 2, 1993, it may to point out that the refusal of consent on March 31,
be recalled, Mohan Meakins stated that in as much 1993 was pursuant to and in terms of the Court's
as they have complied with the prescribed norms they order dated January 15, 1993 and cannot, therefore,
should be granted consent whereas the consent be reviewed without reference to this Court. It is
actually granted contemplates Mohan Meakins equally significant to notice that Sri Pradeep Kumar
achieving the prescribed norms by December 31, too does not refer to this aspect in his endorsement.
1993. The consent letter does not also say that Mohan As a matter of fact, his endorsement does not even
Meakins will be entitled to act upon the said consent say specifically that consent be granted subject to
only after obtaining the orders of this Court therefor. the orders of this Court. It looks as if for both of
In the absence of any such stipulation, the addition them, the orders of the Uttar Pradesh Government
of the said words in the consent order had no issued on April 20, 1993 were sacrosanct and
meaning and were evidently meant to be used as a superseded the orders of this Court as well. It is a
cover in future if and when someone complained of matter of regret that even responsible and senior
Violation of the order of this Court. In this view of the officers of the Government have acted in this manner.
matter, both the Member-Secretary, Sri Darshan It is clear enough that the officials were anxious to
Singh and the Chairman of the Pollution Control somehow make out a case for enabling the Mohan
J3oard, Sri Pradeep Kumar must be held to be guilty Meakins to operate its plant and machinery
Of violation of the order of this Court dated January regardless of the orders of this Court. We may also
15, 1993. incidentally notice the unusual speed with which the
m atter was processed. The Uttar Pradesh
Sri Pradeep Kumar has filed two affidavits to Government’s orders, general in nature, are dated
which reference has already been made. In the earlier April 20, 1993. On the very next day, Sri Darshan
affidavit, an attempt was made to" show that there Singh put up the note, which was approved by Sri
was no violation in view of the facts stated therein by Pradeep Kumar on the same day and the ‘consent’
the second affidavit, he has accepted that there was also issued on the same day.
ENVIRONMENT COURT CASES 315

Taking into consideration all the facts and price by February 28, 1997 and send the same
circumstances aforesaid, we hold that Sri Pradeep to the Superintendent of Police and Deputy
Kumar and Sri Darshan Singh are both guilty of Commissioner of the areas concerned. The
violation of this Court’s Order dated January 15, Superintendent Police/the Deputy Commissioner
1993. In view of the explanation put forward by them concerned shall close all the tanneries who fail/
and the several circumstances stated by them, decline to deposit 25% of the land-price. The said
however, we are inclined to accept their unconditional tanneries shall be closed on April 15, 1997.
apology. At the same time, we administer a severe
warning to both the officers that repetition of any 6. All the Calcutta tanneries who deposit the 25%
such violation shall be viewed seriously. A copy of of the land- price shall be permitted to function
this Order shall form part of the service record of at the present sites provided they keep on
both the officers. depositing the subsequent instalm ents in
accordance with the terms of the allotment letter.
106. M.C. M eh ta v. Union o f India (19.12.96),
1997(1) JT 221: 1996(9) Scale 397 [KULDIP 7. The State Government shall hand over the
SINGH, J., S. SAGHIR AHM AD, J.] possession of the plots allotted to the tanneries
before April 15, 1997.
Environmental Law — Water pollution — Tanneries
in Calcutta — Directions given for relocation of 8. The State Government shall render all assistance
tanneries failing which the tanneries directed to be to the tanneries in the process of relocation. The
closed w.e.f. 30.9.1997 — Scheme for relocation laid construction of the tannery buildings, issuance
down and matter transferred to Calcutta High Court of any licences/perm issions etc. shall be
for monitoring the progress. expedited and granted on priority basis.

HELD: We order and direct as under: 9. In order to facilitate shifting of the tanneries the
State Government shall set up unified single
1. The Calcutta tanneries operating in Tangra, agency consisting o f all the concerned
Tiljola, Topsia and Pagla Danga areas in the departments to act as a nodal agency to sort out
eastern fringe city of the Calcutta (about 550 in all the problems. The single window facility shall
number) shall relocate themselves from their be set up by January 31, 1997. We make it clear
present location and shift to the new leather that no further time shall be allowed to the
complex set up by the West Bengal Government. State Government to set up the single window
The tanneries which decline to relocate shall not facility.
be permitted to function at the present sites.
10. The use of the land which would become available
2. The Calcutta tanneries shall deposit 25% of the on account of shifting/relocation/closure of the
price of the land before February 28, 1997 with tanneries shall be permitted for green purposes.
the concerned authority. The subsequent While framing the scheme the State Government
instalments shall be paid in accordance with the may keep in view for its guidance the order of
terms of the allotment letters issued by the State this Court dated July 10, 1996 in IA 22 in Writ
Government. Petition (Civil) No. 4677/1985 relating to the
3. The tanneries who fail to deposit 25% of the price shifting of Delhi industries. The shifting tanneries
of the land as directed by us above shall be closed on their relocation in the new leather complex
on April 15, 1997. shall be given incentives which are normally
extended to new industries in new industrial
4. The Board shall issue public notice in two English estate.
and two Bengali Newspapers for two consecutive
days by December 31, 1996 directing the 11. The tanneries which are not closed on April 15,
Calcutta tanneries to deposit 25% of the land- 1997 must relocate and shift to the new leather
price before the authority named therein by complex on or before September 30, 1997.
February 28, 1997. It shall also be stated in the 12. All the Calcutta tanneries shall stop functioning
public notice that the tanneries failing to deposit at the present sites on September 30, 1997. The
the amount shall be closed on April 15, 1997. closure order with effect from September 30, 1997
5. The Board shall prepare a list of the tanneries shall be unconditional. Even if the relocation of
which decline/fail to deposit 25% of the land- tanneries is not complete they shall stop
316 FUNDAMENTAL DUTIES OF CITIZENS

functioning at the present sites with effect from shall also be liable under the Contem pt of
September 30, 1997. Courts Act.
13. We direct the Deputy Com m issioner/ 20. The State Government in consultation w ith .the
Superintendent Police of the area concerned to expert bodies like NEERI, Central Pollution
close all the tanneries operating in Tangra, Tiljola, Control Board and Board shall frame scheme/
Topsia and Pagla Danga areas of the city of schemes for reversing the damage caused tco the
Calcutta by September 30, 1997. No tannery shall ecology and environment by pollution. The
function or operate in these areas after scheme/schemes so framed shall be executed by
September 30, 1997. the State Government. The expenditure shadl be
met from the “Environment Protection Fund” and
14. The State Governm ent shall appoint an
from other sources provided by the State
authority/Commissioner who with the help of
Government.
Board and other expert opinion and after giving
opportunity to the polluting tanneries concerned 21. The workmen employed in the Calcutta tann eries
assess the loss to the ecology/environment in the shall be entitled to the rights and benefits as
affected areas. indicated hereunder:
15. The said authority shall further determine the (a) The workmen shall have continuity of
compensation to be recovered from the polluter employment at the new place where the
- tanneries as cost of reversing the damaged tannery is shifted. The terms and conditions
environment. The authority shall lay down just of their employment shall not be altered to
and fair procedure for completing the exercise. their detriment.
16. The amount of compensation shall be deposited (b) The period between the closure of the tannery
with the Collector/District Magistrate of the area at the present site and its restart at the place
concerned. In the event of non-deposit the of relocation shall be treated as active
Collector/District Magistrate shall recover the employment and the workmen shall be paid
amount from the polluter-tanneries, if necessary, their full wages with continuity of service.
as arrears of land revenue. A tannery may have (c) All those workmen who agree to shift with
set up the necessary pollution control device at the tanneries shall be given one year wages
present, but it shall be liable to pay for the past as ‘shifting bonus” to help them settle at the
pollution generated by the said tannery which new location.
has resulted in the environment degradation and
suffering to the residents of the area. (d) The workmen employed in the tanneries
which fail to relocate shall be deemed to have
17. We impose pollution fine of Rs. 10,000/- each on been retrenched with effect from April 15,
all the tanneries in the four areas of Tangra, 1997 and September 30, 1997 respectively
Taljola, Topsia and Pagla Danga. The fine keeping in view the closure dates of the
shall be paid before February 28, 1997 in the respective tanneries provided they were in
office o f the Collector/D istrict Magistrate continuous service for a period of one year
concerned. as defined in Section 25B of the Industrial
Disputes Act, 1947. These workmen shall
18. We direct the Collector/District Magistrate of the
also be paid in addition six years wages as
area concerned to recover the fines from the
additional compensation.
tanneries.
(e) The workmen who are not willing to shift
19. The compensation amount recovered from the along with the relocated industries shall be
polluting tanneries and the amount of fine deemed to have been retrenched under
recovered from the tanneries shall be deposited similarly (sic) circumstances as the workmen
under a separate head called “Environment in (d) above but they shall be paid only one
Protection Fund” and shall be utilised for years wages as additional compensation.
restoring the damaged environment and ecology.
The pollution fine is also liable to be recovered as (f) The shifting bonus and the compensation
arrears of land revenue. The tanneries which payable to the workmen in terms of this
failed to deposit the amount of Rs. 10,000 by judgment shall be paid by May 31, 1997 by
March 15. 1997 shall be closed forthwith and the tanneries which close on April 15. 1997
E1NVIRONMENT COURT CASES 317

and by November 15, 1997 by the other as also to the Union of India that afforestation activity
tanneries closing on September 30, 1997. may be carried out in the whole valley and the hills.
We have been told that such activity has been
(g) The gratuity amount payable to any workmen
undertaken. We are not oblivious of the fact that
shall be in addition.
natural resources has got to be tapped for the
We have issued comprehensive directions for purposes of social development but one cannot forget
aclhieving the end result in this case. It is not at the same time that tapping of resources have to
necessary for this Court to monitor these matters be done with requisite attention and care so that
any further. We are of the view that the Calcutta ecology and environment may not be affected in any
High Court would be in a better position to monitor serious way; there may not be any depletion of water
these matters hereinafter. The “Green Bench” is resources and long-term planning must be
already functioning in the Calcutta High Court. We undertaken to keep up the national wealth. It has
direct the registry of this Court to send the relevant always to be remembered that these are permanent
records, orders, documents etc. pertaining to the assets of mankind and are not intended to be
Calcutta tanneries to the Calcutta High Court before exhausted in one generation.
January 10, 1997. The High Court shall treat this
We must place on record our appreciation of the
m atter as a petition under Article 226 of the
steps taken by the Rural Litigation and Entitlement
Constitution of India and deal with it in accordance
Kendra. But for this move, all that has happened
with law and also in terms of the directions issued
perhaps may not have come. Preservation of the
by us. We make it clear that it will be open to the
environment and keeping the ecological balance
High Court to pass any appropriate order/orders
keeping in view the directions issued by us. We give unaffected is a task which not only governments but
also every citizen must undertake. It is a social
liberty to the parties to approach the High Court as
obligation and let us remind every Indian citizen that
and when necessary.
it is his fundamental duty as enshrined in Article 51
107. Rural litigation and entitlement Kendra and A (g) of the Constitution.
others Versus State o f Uttar Pradesh and
108. (Before J.S. Verma, cj. and Sujata ▼. Manohar
others and W rit petition no. 8821 o f 1983
and B.N. Kirpal, jj) Vishaka and others ▼.
D e v ak i N a n d a n P an d ey Versus U n io n o f
State of Rajasthan and others. W rit petitions
india and others W rit petitions nos. 8209
(crl.) Nos. 666-70 o f 1992, decided on August
and 8821 o f 1983, decided on Decem ber 18,
13, 1997
1986
The present writ petition was filed for the enforcement
Consciousness for environmental protection is of
recent origin, TTie United Nations Conference on of the fundamental rights of working women under
World Environment held in Stockholm in June 1972 Articles 14, 19 and 21. It was brought as a class
and the follow-up action thereafter is spreading the action by certain social activists and NGOs with the
awareness. Over thousands of years men had aim of assisting in finding s suitable methods for
successfully exploiting the ecological system for his realisation of the true concept of ‘gender equality’
sustenance but with the growth of population the and to prevent sexual harassment of working women
demand for land has increased and forest growth has in all work places through judicial process and to
been and is being cut down and mein has started fill the vacuum in existing legislation. The immediate
Encroaching upon Nature and its assets. Scientific cause for the filing of the writ petition was an incident
developments have made it possible and convenient of alleged brutal gang rape of a social worker in a
for man to approach the places which were hitherto village of Rajasthan. The notice of the petition was
beyond his ken. The consequences o f such given to the State of Rajasthan and the Union of
interference with ecology and environment have now India and others Council who appeared before the
come to be realised. It is necessary that the Supreme Court rendered needed assistance to the
Himalayas and the forest growth on the mountain Court to deal with the matter. Disposing of the writ
range should be left uninterfered with so that that petition Held:
there may be sufficient quantity of rain. The top soil Each incident of sexual harassment of woman at
may be preserved without being eroded and the work place results in violation of the fundamental
natural setting of the area may remain intact. We rights of “Gender Equality” and the “Right to Life and
had commanded earlier to the State of Uttar Pradesh Liberty”. It is a clear violation of the rights under
318 FUNDAMENTAL DUTIES OF CmZElsNS

Articles 14, 15 and 21 of the Constitution. One of and the executive. When, however, instances of
the logical consequences of such an incident is also sexual harassm ent resulting in viola tion ! of
the violation of the victim’s fundamental right under fundamental rights of women workers under Articcles
A rticle 19(1) (g ). The meaning and content 14, 19 and 21 are brought before for redress unider
fundamental rights guaranteed in the Constitution Article 32, an effective redressal requires that some
of India are of sufficient maples to encompass all the guidelines should be laid down for the protection! of
facets of gender equality including prevention of these rights to fill the legislative vacuum. By virrtue
sexual harassment or abuse. of Article 73 the executive power of the Uniom is
available till Parliament enacts legislation to expressly
Gender equality includes protection from sexual
provide measures needed to curb the ewil.
harassment and right to work with dignity, which is
(Paras 3 and 7)
a universally recognised basic human right. The
common minimum requirement of this right has Thus, the power of the Supreme Court unider
received global acceptance. In the absence of domestic Article 32 for enforcement of the fundamental riglhts
law occupying the field, to formulate effective and the executive power of the Union have to mieet
measures to cheek the evil of sexual harassment of the challenge to protect the working women frrom
working women at all workplaces, the contexts of sexual harassment and to make their fundamental
international conventions and norms are significant rights meaningful. Governance of the society by tthe
for the purpose of interpretation of the guarantee of rule of law mandates this requirement as a logiical
gender equality, right to work with human dignity in concomitant of the constitutional scheme. The
Articles 14, 15, 19 (1) (g) and 21 of the Constitution obligation of the Supreme Court under Article 32 for
and the safeguards against sexual implicit therein, the enforcement of the fundamental rights in (the
and for; the formulation of guidelines to achieve this absence of legislation must be viewed along with tthe
purpose. Any International convention not role of judiciary envisaged in the Beijing Statement
inconsistent with the fundamental rights and in of Principles of the Independence of the Judiciary in
harmony with its spirit must be read into these the LAWASIA region. These principles were accepted
provisions to enlarge the meaning and content by the Chief Justices of Asia and the Pacific at Beijing
thereof, to promote the object of the constitutional in 1995 as those representing the minimum
guarantee. This is implicit from Article 51(c) and the standards necessary to be observed in order to
enabling power of Parliament to enact laws for maintain the independence and effective functioning
implementing the international conventions and of the judiciary. (Paras 8 and 11)
norms by virtue of Article 253 read with Entry 14 of
the Union List in Seventh Schedule o f the Some provisions in the “Convention on the
Constitution. (Paras 10, 7 and 14) Elimination of All Forms of Discrimination against
Women" (Articles 11 and 24) as also the general
M inister f o r Immigration and Ethnic Affairs recommendations of CEDAW in this context (Articles
v. Teoh, 128 A u s LR 353; Nilabati B eh er (i 11, 22, 23, 24), as ratified the Resolution on 25-6-
▼. State o f Orissa, (1993) 2 SCC 746: 1993 1993 with some reservations which are not material
SCC (Cri) 527, reliedon in the present context, are of significance. At the
Such violations, therefore, attract the remedy under Fourth World Conference on Women in Beijing, the
Article 32 for the enforcement of these fundamental Government of India has also made an official
rights of women. This class action under Article 32 commitment, inter alia, to form ulate and
pf the Constitution is for this reason. A writ of operationalize a national policy on women which will
mandamus in such a situation, if it is to be effective, continuously guide and inform action at every level
needs to be accompanied by directions for prevention; and in every sector’, to set up a Commission for
as the violation of fundamental rights of this kind is Women's Rights to act as a public, defender of
a recurring phenomenon. The fundamental right to women’s human rights; to institutionalise a national
carry on any occupation, trade or profession depends level mechanism to monitor the implementation of
on the availability of a “safe” working environment. the Platform for Action. Therefore, reliance can be
Right to life means life with dignity. The primary placed on the above for the purpose of construing
responsibility for ensuring such safety and dignity the nature and ambit of constitutional guarantee
through suitable Legislation, and the creation of a of gender equality in our Constitution. -(Paras 12
mechanism for its enforcement, is of the legislature and 13) .
EINVIRONMENT COURT CASES 319

In view of the above, and in the absence of (e) any other unwelcome physical, verbal or non­
enacted law to provide for effective enforcement of verbal conduct of sexual nature.
the basic human right of gender equality and
W here any o f these acts is com m itted in
guarantee against sexual harassment and abuse,
circumstances where under the victim of such
moire particularly against sexual harassment at
conduct has a reasonable apprehension that in
workplaces, guidelines and norms are hereby laid
relation to the victim’s employment or work whether
down for strict observance at all workplaces or other
she is drawing salary, or honorarium or voluntary,
institutions, until a legislation is enacted for the
whether in government, public or private enterprise
purpose. This is done in exercise of the power
such conduct can be humiliating and make/
available under Article 32 for enforcement of the
constitute a health and safety problem. It is
fundamental rights and it is further emphasised that
discriminatory for instance when the woman has
this would be treated as the law declared by
reasonable grounds to believe that her objection
the Supreme Court under Article 141 of the
would disadvantage her in connection with her
Constitution. (Paras 16 and 17)
employm ent or work including recruiting or
The GUIDELINES and NORMS prescribed herein promotion or when it creates a hostile work
are as under: environment. Adverse consequences might be visited
if the victim does not consent to the conduct in
HAVING REGARD to the definition of “human
question or raises any objection thereto.
rights” in Section 2(d) of the Protection of Human
Rights Act, 1993, 3. Preventive steps:
TAKING NOTE of the fact that the present civil
All employers or persons in charge of workplaces
and penal laws in India do not adequately provide
whether in the public or private sector should take
for specific protection of women from sexual
appropriate steps to prevent sexual harassment.
harassment in workplaces and that enactment of
Without prejudice to the generality of this obligation
such legislation will take considerable time,
they should take following steps:
It is necessary and expedient for employers in
(a) Express prohibition of sexual harassment as
workplaces as well as other responsible persons or
defined above at the workplace should be notified,
institutions to observe certain guidelines to ensure
published and circulated in appropriate ways.
the prevention of sexual harassment of women:
(b) The rules/regulations of government and public
II. Duty o f the employer or other responsible persons sector bodies relating to conduct and discipline
in workplaces and other institutions: should include rules/regulations prohibiting
sexual harassment and provide for appropriate
It shall be the duty of the employer or other penalties in such rules against the offender.
responsible persons in w orkplaces or other
institutions to prevent or deter the commission of (c) As regards private employers steps should be
ficts of sexual harassment and to provide the taken to include the aforesaid prohibitions in the
procedures for the resolution, settlement or standing orders under the Industrial Employment
prosecution of acts of sexual harassment by taking (Standing Orders) Act, 1946.
all steps required. (d) Appropriate work conditions should he provided
in respect of work, leisure, health and hygiene to
2. Definition:
further ensure that there is no hostile
For this purpose, sexual harassment includes such environment towards women at workplaces and
unwelcome sexual determined behaviour (whether no woman employee should have reasonable
directly or by implication) as: grounds to believe that she is disadvantaged in
connection with her employment.
(fO physical contact and advances;
4. Criminal proceedings:
(b) a demand or request for sexual favours;
(c) sexually-coloured remarks; Where such conduct amounts to a specific offence
under the Indian Penal Code or under any other law,
(d) showing pornography; the employer shall initiate appropriate action in
320 FUNDAMENTAL DUTIES OF CITIZENNS

accordance with law by making a complaint with the 9. Awareness:


appropriate authority.
Awareness of the rights of female employees * in
In particular, it should ensure that victims, or this regard should be created in particular by
witnesses are not victimized or discriminated against prominently notifying the guidelines (and appropriate
while dealing with complaints of sexual harassment.. legislation when enacted on the subject) in a suitaable
The victims of sexual harassment should have the manner.
option to seek transfer of the perpetrator or their own
transfer. 10. Third-party harassment:
5. Disciplinary action: Where sexual harassment occurs as a result of an
Where such conduct amounts to misconduct in act or omission by any third party or outsider, tthe
employment as defined by the relevant service rules, employer and person-in-charge will take all necesssaiy
appropriate disciplinary action should be initiated and reasonable to assist the affected person in terrms
by the employer in accordance with those rules. of support preventive action.
11. The Central/State Governments are requestecd to
6. Complaint mechanism: consider adopting suitable measures includiing
Whether or not such conduct constitutes an offence legislation to ensure that the guidelines laid down
under law or a breach of the service rules, an by this order are also observed by the employers
appropriate complaint mechanism should be created in private sector.
in the employer’s organization for redress of the 12. These guidelines will not prejudice any rig{hts
complaint made by the victim. Such complaint available under the Protection of Human Rig{hts
mechanism should ensure time-bound treatment of Act, 1993. These directions would be bindiing
complaints. and enforceable in law until suitable legislation
is enacted to occupy the field.
7. Complaints Committee:
(Para 18 (R-M/1837/CR
The complaint mechanism, referred to in (6) above, Advocates who appeared in this case:
should be adequate to provide, where necessary, a
Complaints Committee, a special counsellor or other FS. Nariman, Senior Advocate (Ms Meenakcshi
support service. Including the maintenance of Arora and Ms Niti Dixit, Advocates with him) for ithe
confidentiality. Petitioners; T.R. Andhyarujina, Solicitor General
(Mukul Mudgal, Ms Suvira Lai, C.VS. Rao, K.S. Bhiati
The Complaints Committee should be headed by and M.K. Singh, Advocates, with him) for Ithe
a woman and not less them half of its members should Respondents.
be women. Further, to prevent the possibility of any
undue pressure or influence from senior levels, such Chronological at o f cases cited
Complaints Committee should involve a third party,
either NGO or other body who is familiar with the 1. (1 993) 2 SCC 746: 1993 SCC (Cri) 527, Nilabati
issue of sexual harassment. x Behera v. State o f Orissa

The Complaints Committee must make an annual 2. 128AusLR353,Ministerfor immigration and Ethnic
report to the Government Department concerned of Affairs v. Teoh
the complaints and action taken by them. The Judgement of the Court was delivered by
The employers and person-in-charge will also VERMA, C.J.- This writ petition has been filed for
report on the compliance with the aforesaid guidelines the enforcement of the fundamental rights of working
including on the reports of the Complaints Committee women under Articles 14, 19, 21 of the Constitution
to the Government Department. of India in view of the prevailing climate in which the
violation of these rights is not uncommon. With the
8. Workers’ initiative: increased awareness and emphasis on gender
justice, there is increase in the effort to guard against
Employees should be allowed to raise issues of sexual such violations and the resentm ent towards
harassm ent w orkers’ meeting and in other incidence. O f late, sexual harassment is also
appropriate forum and it should be affirmatively increasing. The present petition has been brought
discussed in employer-employee meetings. as a class action by certain social activists and NGQs
ENVIRONMENT COURT CASES 321

witih the aim of focussing attention towards this protection of these rights to fill the legislative
spciietal aberration, and assisting in finding suitable vacuum.
metthods for realisation of the true concept of “gender
6. The notice of the petition was given to the State
equiality”; and to prevent sexual harassment
of Rajasthan and the Union of India. The learned
of \workin£ women in all workplaces through
Solicitor General appeared for the Union of India
judiicial process, to fill the vacuum in existing
and rendered valuable assistance in the true
legislation.
» r
spirit of a law officer to help us find a proper
2. The immediate cause for the filing of this writ solution to this social problem of considerable
petition is an incident of alleged brutal gang rape magnitude. In addition to Ms Meenakshi Arora
of a social worker in a village of Rajasthan. The and Ms Naina Kapur who assisted the Court with
incident is the subject-matter of a separate full commitment, Shri Fali S. Nariman appeared
criminal action and no further mention of it, by as amicus curiae and rendered great assistance.
us, is necessary. The incident reveals the hazard We place on record our great appreciation for
to which working woman may be exposed and every counsel who appeared in the case and
the depravity to which sexual harassment can rendered the needed assistance to the Court
degenerate and the urgency for safeguards by an which has enabled us to deal with this unusual
alternative mechanism in the absence of matter in the manner considered appropriate for
legislative measures. In the absence of legislative a cause of this nature.
measures, the need is to find an effective
5. Apart from Article 32 of the Constitution of India,
alternative mechanism to fulfil this felt and urgent
we may refer to some other provisions which
social need.
envisage judicial intervention for eradication of
5. Each such incident results in violation of the this social evil. Some provisions in the
fundamental rights of “Gender Equality” and the Constitution in addition to Articles 14, 19(l)(g)
“Right to Life and Liberty”. It is a clear violation and 21, which have relevance are:
rights under Articles 14, 15 and 21 of the
■Constitution. One of the logical consequences of Article 15:
such an incident is also the violation of the “ 15. Prohibition of discrimination on grounds of
victim’s fundamental right under Article 19(l)(g) religion, race, caste, sex or place of birth.-(I) The State
“to practise any profession or to carry out any shall not discriminate against any citizen on grounds
occupation, trade or business”. Such violations, only of religion, race, caste, sex, place of birth or any
therefore, attract the remedy under Article 32 for of them.
the enforcement of these fundamental rights of
women. This class action under Article 32 of the (2 ) ******

•Constitution is for this reason. A w rit of


(3) Nothing in this article shall prevent the State from
mandamus in such a situation, if it is to be
making any special provision for women and
'effective, needs to be accompanied by directions
children.”
ifor prevention, as the violation of fundamental
rights of this kind is a recurring phenomenon. Article 42:
The fundamental to carry on any occupation,
trade or profession depends on the availability of “42. Provision for just and humane conditions of
a “safe” working environment. Right to life means work and maternity relief.-The State shall make
life with dignity. The primary responsibility for provision for securing just and humane conditions
ensuring such safety and dignity through suitable of work and for maternity relief.”
legislation, and the creation of a mechanism for
Article 51A:
Its enforcement, is of the legislature and the
executive. When, however, instances of sexual “51-A. Fundamental duties. —It shall be the duty of
harassment resulting in violation of fundamental every citizen of India-
rights of women workers under Articles 14, 19
(a) to abide by the Constitution and respect its ideals
and 21 are brought before us for redress under
and institutions,
Article 32, an effective redressal requires that
some guidelines should be laid down for the (b)-(d) *****
322 FUNDAMENTAL DUTIES OF CITTZEENS

(e) to promote harmony and the spirit of common harmony with its spirit must be read into tlhese
brotherhood amongst all the people of India provisions to enlarge the meaning and comtent
transcending religious, linguistic and regional or thereof, to promote the object of the constituitiional
sectional diversities; to renounce practices guarantee. This is implicit from Article 5 1( c)) and
derogatory to the dignity of women;” the enabling power of Parliament to enact ) laws
for implementing the international convemttions
6. Before we refer to the international conventions
and norms by virtue of Article 253 read with Entry
and norms having relevance in this field and the
14 of the Union List in Seventh Schedule ofrf the
manner in which they assume significance in
Constitution. Article 73 also is relevanit. It
application and judicial interpretation, we may
provides that the executive power of the UJnion
advert to some other provisions in the
shall extend to the matters with respect to w-iiich
Constitution which permit such use. These
Parliament has power to make laws. The
provisions are Article 51:
executive power of the Union is, thereffore,
"51. Promotion of international peace and security.- available till Parliament enacts legislation to
The State shall endeavour to- expressly provide measures needed to curfco the
evil.
(aj-(b) *****
8. Thus, the power of this Court under Articlle 32
(c) foster respect for international law and treaty for enforcement of the fundamental rights and
obligations in the dealings of organised peoples the executive power of the Union have to imeet
with one another; and the challenge to protect the working women Ifrom
***** sexual harassm ent and to make t:heir
fundamental rights meaningful. Governanice of
Article, 253: the society by the rule of law mandates this
requirement as a logical concomitant off the
“253. Legislation for giving effect to international constitutional scheme. The exercise perfor med
agreements Notwithstanding anything in the by the Court in this matter is this comimon
foregoing provisions of this Chapter Parliament has perception shared with the learned Soliicitor
power to make any law for the whole or any part of General and other members of the Bar who
the territory of India for implementing any treaty, rendered valuable assistance in the performiance
agreement or convention with any other country or of this difficult task in public interest.
countries or any decision made at any international 9. The progress made at each hearing culminiated
conference, association or other body.” in the formulation of guidelines to whichi the
Seventh Schedule: Union of India gave its consent throughi the
learned Solicitor General, indicating that these
“List 1 - Union List should be the guidelines and norms declared by
this Court to govern the behaviour o f the
14. Entering into treaties and agreements with foreign employers and all others at the workplaces to curb
countries and im plem enting o f treaties, this social evil.
agreem ents and conventions with foreign
countries.” 10. Gender equality includes protection from sexual
harassment and right to work with dignity, which
7. In the absence of domestic law occupying the field, is a universally recognised basic human right.
to formulate effective measures to check the evil The common minimum requirement of this right
of sexual harassment of working women at all has received global acceptance. The international
workplaces, the contents of international conventions and norms are, therefore, of great
conventions and norms Eire significant for the significance in the formulation of the guidelines
purpose of interpretation of the guarantee of to achieve this purpose.
gender equality, right to work with human dignity
in Articles 14, 15, 19(l)(g) 21 of the Constitution 11. The obligation of this Court under Article 32 of
and the safeguards against sexual harassment the Constitution for enforcement of these
implicit therein. Any international convention not fundamental rights in the absence of legislation
inconsistent with the fundamental rights and in must be viewed along with the role of judiciary
ENVIRONMENT COURT CASES 323

envisaged in the Beijing Statement of Principles context in respect of Article 11 are:


of the Independence of the Judiciary in the
“Violence and equality in employment:
LAWASIA region. These principles were accepted
by the Chief Justices of Asia and the Pacific at 22. Equality in employment can be seriously impaired
Beijing in 1995 as those representing the when women are subjected to gender specific
minimum standards necessary to be observed in violence, such as sexual harassment in the
order to maintain the independence and effective workplace.
functioning of the judiciary. The objectives of
the judiciary mentioned in the Beijing Statement 23. Sexual harassment includes such unwelcome
are: sexually determined behaviour as physical
contacts and advances, sexually-coloured
“Objectives o f the Judiciary: remarks, showing pornography and sexual
lO. The objectives and functions of the Judiciary demands whether by words or actions. Such
include the following: conduct can be humiliating constitute a health
and safety problem; it is discriminatory when the
(a) to ensure that all persons are able to live woman has reasonable grounds to believe that
securely under the rule of law; her objection would disadvantage her in
(b) to promote, within the proper limits of the connection with her employment, recruiting or
judicial function, the observance and the promotion, or when it creates a hostile working
attainment of human rights; and environment. Effective complaints, procedures
and remedies, including compensation, should
(c) to administer the law impartially among be provided.
persons and between persons and the State.”
24. States should include in their reports information
12. Some provisions in the “Convention on the about sexual harassment, and on measures to
Elimination of All Forms of Discrimination against protect women from sexual harassment and other
Women”, of significance in the present context forms of violence or coercion in the workplace.”
are:
The Government of India has ratified the above
Article 11: Resolution on, 25-6-199— with some reservations
which are not material in the present context. At
“ 1. States Parties shall take all appropriate measures the Fourth World Conference on Women in Beijing,
to eliminate discrimination against women in the the Government of India has also made an official
field of employment in order to ensure, on a basis commitment, inter alia, to form ulate and
of equality of men and women, the same rights, operationalize a national policy on women which will
in particular: continuously guide action at every level and in every
(a) The right to work as an inalienable right of all sector; to set up a Commission on Women’s Rights
human beings to act as a public defender of women’s human rights;
to institutionalise a national level mechanism to
***** monitor the implementation of the Platform for
Action. We have, therefore, no hesitation in placing
(f) The right to protection of health and to safety in reliance in the above for the purpose of construing
working conditions, including the safeguarding the nature and ambit of constitutional guarantee of
of the function of reproduction. gender equality in our Constitution.
***** 14. The meaning and content of the fundamental
Article 24: rights guaranteed in the Constitution of India are
of sufficient amplitude to encompass all the facets
States Parties undertake to adopt all necessary of gender equality including prevention of sexual
measures at the national level aimed at achieving harassment or abuse. Independence of judiciary
the full realization of the rights recognised in the forms a part of our constitutional scheme. The
present Convention.” international conventions and norms are to be
read into them in the absence of enacted domestic
13. The general recommendations of CEDAW in this law occupying the field when there is no
324 FUNDAMENTAL DUTIES OF CITIZEfNS

inconsistency between them. It is now an workplaces as Well as other responsible persons; or


accepted rule of judicial construction that regard institutions to observe certain guidelines to ensiure
must be had to international conventions and the prevention of sexual harassment of women:-
norms for construing domestic law when there is
1. Duty of the employer or other responsible persons
no inconsistency between them and there is a
in workplaces and other institutions:
void in the domestic law. The High Court of
Australia in Minister for Immigration and Ethnic It shall be the duty of the employer or otlher
Affairs v. Teohl has recognised the concept of responsible persons in workplaces or oth er
legitimate expectation of its observance in the institutions to prevent or deter the commissions of
absence of a contrary legislative provision, even acts of sexual harassment and to provide tthe
in the absence of a Bill of Rights in the procedures for the resolution, settlem ent or
Constitution of Australia. prosecution of acts of sexual harassment by taking
15. In Nilabati Behera v. State of Orissa2a provision all steps required.
in the ICCPR was referred to support the view 2. Definition:
taken that “an enforceable right to compensation
is not alien to the concept of enforcement of a For this purpose, sexual harassment includes such
guaranteed right”, as a pubilc law remedy under unwelcome sexually determined behaviour (whether
Article 32, distinct from the private law remedy directly or by implication) as:
in torts. There is no reason why these
(a) physical contact and advances:
international conventions and norms cannot,
therefore, be used for construing the fundamental (b) a demand or request for sexual favours:
rights expressly guaranteed in the Constitution (c) sexually-coloured remarks:
of India which embody the basic concept of gender
(d) showing pornography:
equality in all spheres of human activity.
(e) any other unwelcome physical, verbal or non­
16. In view of the above, an absence of enacted law verbal conduct of sexual nature.
to provide for the effective enforcement of the
basic human rights of gender equality and W here any o f these acts is com m itted in
guarantee against sexual harassment and abuse, circumstances where under the victim of such
more particularly against sexual harassment at conduct has a reasonable apprehension that in
workplaces, we lay down the guidelines and relation to the victim’s employment or work whether
norms specified hereinafter for due observance she is drawing salary, or honorarium or voluntary,
at all workplaces or other institutions, until a whether in government, public or private enterprise
legislation is enacted for the purpose. This is such conduct can be humiliating and may constitute
done in exercise of the power available under a health and safety problem. It is discriminatory for
Article 32 of the Constitution for enforcement of instance when the women has reasonable grounds
the fundam ental rights and it is further to believe that her objection would disadvantage her
emphasised that this would be treated as the law in connection with her employment or work including
declared by this Court under Article 141 of the recruiting or promotion or when it creates a hostile
constitution. work environment. Adverse consequences might be
visited if the victim does not consent to the conduct
17. The GUIDELINES and NORMS prescribed herein
in question or raises any objection thereto.
are as under:
HAVING REGARD to the definition of “human 3. Preventive steps:
rights” in Section 2(d) of the Protection of Human All employers or persons in charge of workpiece
Rights Act, 1993, whether in the public or private sector should take
TAKING NOTE of the fact that the present appropriate steps to prevent sexual harassment.
civil and penal laws in India do not adequately provide Without prejudice to the generality of this obligation
for specific protection of women from sexual they should take the following steps:
harassment in workplaces and that enactment of (a) Express prohibition of sexual harassment as
such legislation will take considerable time, defined above at the workplace should be notified,
It is necessary and expedient for employers in published and circulated in appropriate ways
E1NPVIRONMENT COURT CASES 325

(b) 'The rules/regulations of government and public support service, including the maintenance of
sector bodies relating to conduct and discipline confidentiality.
should include rules/regulations prohibiting
The Complaints Committee should be headed by
•sexual harassment and provide for appropriate
a woman and not less than half of its members should
penalties in such rules against the offender.
be women. Further, to prevent the possibility of any
(c) A s regards private employers steps should be undue pressure or influence from senior levels, such
taken to include the aforesaid prohibitions in the Complaints Committee should involve a third party,
standing orders under the Industrial Employment either NGO or other body who is familiar with the
((Standing Orders) Act, 1946. issue of sexual harassment.
(d) Appropriate work conditions should be provided The Complaints Committee must make an annual
in respect of work, leisure, health and hygiene to report to the Government Department concerned of
fu rther ensure that there is no hostile the complaints and action taken by them.
environment towards women at workplaces and
The employers and person-in-charge will also
no woman employee should have reasonable
report on the compliance with the aforesaid
grounds to believe that she is disadvantaged in
guidelines including on the reports of the Complaints
connection with her employment.
Committee to the Government Department.
4. Criminal proceedings:
8. Workers’ initiative:
Where such conduct amounts to a specific offence
Employees should be allowed to raise issues of sexual
under the Indian Penal Code or under any other law,
harassment; at workers’ meeting and in other
the employer shall initiate appropriate action in
appropriate forum and it should be affirmatively
accordance with law by making a complaint with the
discussed in employer-employee meetings.
appropriate authority.
In particular, it should ensure that victims, or 9. Awareness:
witnesses are not victimised or discriminated against
Awareness of the rights of female employees in this
while dealing with complaints of sexual harassment.
regard should be created in particular by prominently
The victims of sexual harassment should have the
notifying the guidelines (and appropriate legislation
bption to seek transfer of the perpetrator, or their
when enacted on the subject) in a suitable manner.
even transfer.
10. Third-party harassment:
5. Disciplinary action:
Where such conduct amounts to misconduct in Where sexual harassment occurs as a result of an
employment as defined by the relevant service rules, act or omission by any third party or outsider, the
appropriate disciplinary action should be initiated employer and person-in-charge will take all steps
by the employer in accordance with those rules. necessary and reasonable to assist the affected
person in terms of support and preventive action.
6. Complaint mechanism:
11. The Central/State Governments sire requested to
Whether or not such conduct constitutes an offence consider adopting suitable measures including
under law Or a breach of the service rules, an legislation to ensure that the guidelines laid down
appropriate complaint mechanism should be created by this order are also observed by the employers,
in the employer’s organization for redress of the in private sector.
complaint made by the victim. Such complaint
mechanism should ensure time bound treatment of 12. These guidelines will not prejudice any rights
complaints. available under the Protection of Human Rights
Act, 1993.
7. Complaints Committee:
18. Accordingly, we direct that the above guidelines
The complaint mechanism, referred to in (6) above, and norms would be strictly observed in all
should ‘be adequate to provide, where necessary, a workplaces for the preservation and enforcement
Complaints Committee, a special counsellor or other of the right to gender equality of the working
326 FUNDAMENTAL DUTIES OF CTTIZKENS

women. These directions would be binding and sufficient number of incinerators, or eqiually
enforceable in law until suitable legislation is effective alternative, to dispose of the hosspital
enacted to occupy the field. These writ petitions waste. The Director shall file an affidavit w ithin
are disposed of, accordingly. two months to indicate the progress made in i this
respect.
109. (Before Kuldip Singh and S. Saghir Ahmad,
j.j) Dr. B.L. W adehra ▼. Union of India and 4. We direct the MCD and NDMC to issue noticces to
others. Writ petition ( c) No.286 o f 1994, all the private hospitals/nursing homes in EDelhi
decided on M arch 1, 1996 to make their own arrangements for the disposal
In the light of the facts; and circumstances noticed of their garbage and hospital waste. The^y be
above and also bring in view the suggestions made asked to construct their own incinerators. In
by the learned counsel assisting us in the petition case these hospitals are permitted to use facilities
the following directions: for collection, transportation and disposjal of
garbage provided by the MCD and NDMC Ithen
1. We approve the experimental schemes placed they may be asked to pay suitable chargers for
before this Court by MCD and NDMC whereunder the service rendered in accordance with law/.
certain localities have been selected for
5. We direct the Central Pollution Control Board I and
distribution of polythene bags, door to door
the Delhi pollution Committee to regularly tsend
collection of garbage and its disposal.
its inspection teams in different areas of Deelhi/
We direct the MCD through Commissioner New Delhi to ascertain that the collection,
appointed under Section 54 of the Delhi Act and transportation and disposal of garbage/wasste is
all other officers of the MCD (particularly Mr Narang carried out satisfactorily. The Board and the
and Mr Tirath Raj, Joint Directors) to have the city Committee shall file the reports in this Couirt by
of Delhi scavenged and cleaned everyday. The way of affidavit after every two months; for
garbage/ waste shall be lifted from collection centres a period of two years.
every day and transported to the designated place
for disposal. 6. We direct the Government of the National Cajpital
Territory of Delhi to appoint M u n icip al
All receptacles/collection centres shall be kept Magistrates (Metropolitan Magistrate) under
clean and tidy everyday. The garbage/rubbish shall Section 469 of the Delhi Act and Section 3T5 of
not be found spread around collection centres and the New Delhi Act for the trial of offence umder
on the roads. these Acts. Residents of Delhi be educated
We issue similar directions to the NDMC through through Doordarshan and by w ay of
S/Shri Baleshwar Rai, Administrator, Led Chand, announcements in the localities that they shall
Chief Sanitary Inspector, Dr G.S. Thind, Deputy be liable for penalty in case they violate any
Medical Officer of Health and Dr V.N. Reu, Chief provisions of the Act in the matter of collecting
Medical Officer. and disposal of garbage and other wastes.
2. We direct Governm ent of India, through 7. We direct Doordarshan through its Director
Secretary, Ministry of Health, Government of General to undertake a programme of educating
National Capital Territory of Delhi through the residents of Delhi regarding their civic duties
Secretary, Medical and Public Health, MCD under the Delhi Act and the New Delhi Act. This
through its Commissioner and NDMC through shall be done by making appropriate
its Adm inistrator to construct and instal announcements, displays on the television. The
incinerators in all the hospitals/nursing homes, residents of Delhi shall be educated regarding
with 50 beds and above under their their duties under Sections 354, 356 and 357 of
administrative control. This may be done the Delhi Act and similar duties under the New
preferably within nine months. A responsible Delhi Act. They shall also be informed about the
officer of each of these authorities shall file an penalties which can be imposed under Section
affidavit in this Court within two months 465 of the Delhi Act and similar provision, under
indicating the progress made ih this respect. the New Delhi Act. The MCD and the NDMC shall
3. We direct the All India Institute of Medical also have announcements made by way of public
Sciences, New Delhi through its Director to instal address system in various area in Delhi informing
ENVIRONMENT COURT CASES 327

the residents of their duties and obligations tinder An affidavit in this respect shall be filed by a
the Delhi Act and the New Delhi Act. responsible officer of each of these authorities
within two months indicating the progress.
, 8. The MCD has placed order for the supply of about
200 tippers with the Ordnance Vehicle Factory, 13. We direct the Union of India and NCT, Delhi
JJabalpur (Government of India) in May 1995. The Adm inistration through th eir respective
tippers have not as yet been supplied. We direct appropriate Secretaries to consider the request
Secretary, Ministry of Defence Production, from MCD and NDMC for financial assistance in
Government of India, to have the tippers a just and fair manner These Governments shall
supplied to the MCD as expeditiously as possible consider the grant of financial assistance to the
and preferably within three months. The MCD and NDMC by way of subvention or any
Secretary shall file an affidavit in this Court within other manner to enable these authorities to fulfil
six weeks indicating the progress made in this their obligations under law as directed by us.
respect.
14. After some time it may not be possible
9. The MCD has indicated that three SLF sites have to dispose of garbage and solid waste by ‘SLF’
alread y been approved by the Technical method due to non-availability of sites. We direct
Committee of the DDA but the same have not the NCT, Delhi Administration through its Chief
been handed over to the MCD by the Development Secretary and also the MCD and NDMC to join
Commissioner, Government of NCT of Delhi. hands and engage an expert body like NEERI to
Since Bhatti mines are situated within the ridge find out alternate method/methods of garbage
area, we do not permit the same to be utilised for and solid waste disposal. The NCT, Delhi
the disposal of the solid waste as at present. We, Administration shall file affidavit in this Court
however, direct the Development Commissioner, within two months indicating progress made in
Government of NCT, Delhi to hand over the two this respect.
site near Badarpur on Jaitpur/Tejpur quarry pits
and Mandi village near Jaunpur quarry pits. The
110. M. C. M eh ta v. K a m a I N a th an d O th ers
sites shall be handed over to the MCD within three
(1997) 1 SCC 388 W.P.(C) No. 182 o f 1996,
months. The Development Commissioner shall
decided on Decem ber, 13, 1996. [KULDIP
file an affidavit in this Court before 31-3-1996
SINGH, J., S. SAG H IR AHM AD, J.]
indicating the progress made in this respect.
Constitution of India - Arts. 21 and 32 - Ecology -
10. The compost plant at Okhla be revived and put
Public Trust doctrine - Is part of the Indian law - It
into operation. The MCD shall start operating the
extends to natural resources such as rivers, forests,
plant, if not already operating, with effect from
seashores, air etc. for the purpose of protecting the
1-6-1996. The MCD shall also examine the
ecosystem - Least wanted by State Government of
construction of four additional compost plants
riparian forest land for commercial purpose to a
as recommended by Jagmohan Committee. The
private company having a Motel located at the bank
MCD shall file an affidavit in this Court within
of river Beas - Motel management interfering with
six weeks indicating the progress made in
natural flow of river by blocking natural reliefs/spill
restarting the Okhla compost plant and in the
channel o f the river - Held State Government
construction of four new plants.
committed breach of public trust - Prior approved
11. The MCD shall not use the filled-up SLFs for any granted in favour of the Motel quashed - Polluter Pays
other purpose except forestry. There are twelve Principle applicable - Accordingly the polluter
such sites including Rajiv Gandhi Smriti Van. company liable to compensate by way of cost for
We direct the MCD to develop forests and gardens restitution of environment and ecology of the area —
on these 12 sites. The work of afforestation shall Other directions issued - Doctrines - Public Trust.
be undertaken by the MCD with effect from 1-4-
The notion ihat the public has a right to expect
1996. An affidavit shall be filed by the end of
certain lands and natural areas to retain their natural
April indicating the progress made in this respect.
characteristic is finding its way into the law of the
12. The MCD and NDMC shall construct/install land. The ancient Roman Empire developed a legal
additional garbage collection centres in the form theory known as the “Doctrine of the Public Trust”.
of dhalaos/trolley/steelbins within four months. The Public Trust Doctrine primarily rests on the
328 FUNDAMENTAL DUTIES OF CITIZEENS |

principles that certain resources like air, sea, waters l l l . T . N. Godavarman Thirum ulkpad v. U/nion
and the forests have such a geat importance to the o f India and Others (1997) 2 SCC 267..W.P.
people as a whole that it would be wholly unjustified (C) No. 202 o f 1995 With No. 171 o f 1L996
to make them a subject of private ownership. The d e c id e d on D e c e m b e r 12, 1 9 9 6 . [jJ .S .
said resources being a gift of nature, they should be VERM A, J., B.N. KIRPAL, J.]
made freely available to everyone irrespective of the Constitution of india - Arts. 32 & 21 - Ecoloogy -
status in life. The doctrine enjoins upon the Protection and conservation of forests - Intcerim
Government to protect the resources for the directions issued by Supreme Court - An on-going
enjoyment of the general public rather than to permit activity within any forest in any State througjhout
their use for private ownership or commercial the countiy, without prior permission of Cemtral
purposes. Though the public trust doctrine under Govermnent, must stop forthwith - Running off saw
the English common law extended only to certain mills including veneer or plywood mills and miining
traditional uses such as navigation, commerce and of any mineral, being non-forest purposes,, not
fishing the American Courts in recent cases expanded permissible without prior approval o f Cemtral
the concept of the public trust doctrint. The Government and must stop forthwith - Felling of ttress
observations of the Suprcmt Court of California in in Tirap and Changlang in State of Anmachal Praidesh
Mono Lake case clearly show the judicial concern in be totally banned - Felling of trees in all other foirests
protecting all ecologically important lands, for to remain suspended in accordance with working;plan
example fresh water, wetlands or riparian forests. of State Government as approved by Cemtral
The observations therein to the effect that the Government - Movement of cut — and timber (from
protection of ecological values is among the purposes any of the seven North-Eastern States to any other
of public trust may give rise to an argument that the State to he completely banned - All the States imust
ecology and the environment protection is a relevant constitute Expert Committees and submit reports to
factor to determine which lands, water or airs are the Supreme Court - Specific directions for Statces of
protected by the public trust doctrine. The Courts in J & K, U. P. and W. B., and T. N. also issuted -
United States are finally beginning to adopt this Notwithstanding the closure of any saw mills or other
reasoning and are expanding the public trust to wood-based industry pursuant to this order,, the
encompass new types of lands and waters. There is workers employed in such units will continue tto be
no reason why the pubhc trust doctrine should not paid their 111 emoluments due and shall not be
he expanded to include all ecosystems operating in retrenched or removed from service for this reason -
our natural resources. Our legal system - based on Ministry of Railways to file an affidavit giving full
English common law - includes the public trust particulars including the extent of wood consumed
doctrine as part of its jurisprudence. The State is by them, the source of supply of wood, and the steps
the trustee of all natural resources which are by taken by them to find alternatives to the use of wood
nature meant for public use and enjoyment. Public - These orders and directions to continue till further
at large is the beneficiary of the sea-shore, running orders of the Court and will operate and be complied
waters, airs, forest and ecologically fragile lands. The with by all concerned, notwithstanding any order at
State as a trustee is under a legal duty to protect the variance, made or which may be made hereafter, by
natural resources. These resources meant for public any authority, including the Central or any State
use cannot be converted into private ownership. Thus Government or any Court (including High Court) or
the Public Trust doctrine is a part ofthe law of the Tribunal - Matter to be listed on 25.2.1997 for further
land. hearing- Forest-Conservation Act, 1980, S.2.
In the present case, large area of the bank of River
Forest Conservation Act, 1980 - S. 2 - ‘Forest’ -
Beas which is a part of protected forest has been
M eaning Words and phrases
given on a lease purely for commercial purposes to
the Motels. The area being ecologically fragile and The Forest Conservation Act, 1980 was enacted with
full of scenic beauty should have been permitted to a view to check further deforestation which ultimately
be converted into private ownership and for results in ecological imbalance; and therefore, the
commercial gains. Therefore, the Himachal Pradesh provisions made therein for the conservation of forests
Government commitad patent breach of public trust and for matters connected therewith, must apply to
by leasing the ecologically fragile land to the Motel all forests irrespective of the nature of ownership or
management. The lease transactions are in patent classification thereof. The word ‘forest’ must be
breach of the trust held by the State Government. understood according to its dictionary meaning. This
ENVIRONMENT COURT CASES 329

description covers all statutorily recognized forests, monumeftt like the Taj is involved. The objective
)vhether designated as reserved, protected or behind this litigation is to stop the pollution while
ptlherwise for the purpose of Section 2(i) of the Forest encouraging development of industry. The old concept
Conservation Act. The term ‘Forest Land’, occurring that development and ecology cannot go together is
in Section 2, will not only include ‘forest’ as no longer acceptable. Sustainable development is
understood in the dictionary sense, but also any area the answer. The development of industry is essential
recorded as forest in the Government record for the economy of the country, but at the same time
irrespective of the ownership. This is how it has to the environment and the ecosystems have to be
be understood for the purpose of Section 2 of the protected. The pollution created as a consequence
A ct. The provisions enacted in the Forest of development must be commensurate with the
Conservation Act, 1980 for the conservation of forests carrying capacity of our ecosystems. In any case, in
anid the matters connected therewith must apply view of the precautionary principle, the environmental
clearly to all forests so understand irrespective of the measures must anticipate, prevent and attack the
owmership or classification thereof. causes of environmental degradation. The “onus of
proof is on an industry to show that its operation
112. M. C. M eh ta v. Union o f india and Others with the aid of coke/coal is environmentally
(1997) 2 SCC 353 W.P.(C) No. 13381 o f 1984, benign. It is rather, proved beyond doubt that the
decided on Decem ber 30, 1996 [KULDIP emissions generated by the use of coke/coal by the
SINGH, J., FAIZAN UDDIN, J.] industry in TTZ are the main polluters of the ambient
Constitution of India - Arts. 21, 49, 48-A and 32 - air.
Ecology - PIL alleging degradation of Taj Mahal, a
113. M. C. M ehta v. Union o f India and others,
m onum ent o f international repute, due to
(1997) 2 SCC 411, W.P. (C) No. 3727 o f 1985,
environm ental pollution - Opinion o f expert
decided on D ecem ber 19, 1996. [KULDIP
committees, including NEERI, obtained - According
SINGH , J., S. SAG H IR AHM AD, J.]
to the expert opinion, use of coke/coal by industries
situated within the Taj Trapezium Zone (TTZ) emitting Constitution of India -Arts. 21 and 32 - Ecology -
pollution and causing damage to the Taj as also Calcutta tanneries discharging untreated noxious
people living in the area -Onus to prove otherwise on and poisonous effluent into Ganga River polluting
the industries - Held, Taj, apart from being a cultural fend and river - PIL treated as writ petition Supreme
heritage, also an industry by itself and therefore, Court monitoring the writ petition for a long time
pollution must be stopped while development of the with a view to control pollution and save environment
industry must be encouraged - ‘Sustainable - In view of categorical findings of NEERI and also
Development’ and ‘Precautionary Principle’ applicable several reports of W. B. Pollution Control Board,
- Industries operating in TTZ must use natural gas possibility of setting up of common effluent treatment
as a substitute for coke/coal- If natural gas as a plant at existing locations of Calcutta tanneries ruled
substitute is not acceptable/available to such out - Inspite of all efforts made by Supreme Court
industries, they must stop functioning with the aid end State Govermnent Calcutta tanneries not
of coke/coal and may relocate themselves as per cooperating in their relocation to new complex even
directions of the Court - Accordingly directions issued after giving clear undertaking in that behalf to the
fey the Court - Environment (Protection) Act, 1986 - Supreme Court - Held Calcutta tanneries even
Air (Prevention and Control of Pollution) Act, 1981. otherwise operating in violation of mandatory
provisions of Water Pollution Act, and Environment
The Taj, apart from being a cultural heritage, is Protection Act - One who pollutes the environment
an industry by itself. More than two million tourists must pay to reverse the damage caused by his acts
visit the Taj every year. It is a source of revenue for (Polluter Pays Principle)- Accordingly directions
the country. The Supreme Court has monitored this issued for unconditional closure of the tanneries on
petition for over three years with the sole atmospheric 30,9.1997, relocation, payment of compensation by
and environm ental pollution. The emissions them for reversing the damage and for rights and
generated by the coke/coal consuming industries are benefits to be made available by them to their
air pollutants and have damaging effect on the Taj workmen - Green Bench of Calcutta High Court to
and the people living in the TTZ. The atmospheric further monitor the manner of compliance - Water
pollution in TTZ has to be eliminated at any cost. (Prevention and Control of Pollution) Act, 1974,
Not even one per cent chance can be taken when - Ss 2 (dd), (e), (g) (gg), (j) and (k), 24, 25, 26, 27
human life apart - the preservation of a prestigious Environment - Protection) Act, 1986.
'330 FUNDAMENTAL DUTIES OF CITIZEtNS

114. T. N. G odavarm an Thirumulkpad v. Union 116. Animal and Environment Legal Defexnce
o f India and Others, (1997) 3 SCC 312, W.P. Fund, v. Union of India & Others, (1997?) 3
(C) No. 202 o f 1995 with Nos. 171 and 897 SCC 549 W.P. (C) No. 785 of 1996, decided
o f 1996, decided on March 4, 1997 [ J. S. on March 5, 1997[A. M. Ahmadi, C.J., Sujjata
VERMA, J., B. N. KIRPAL, J.] V. Manohar, J., K. Venkaraswami, J.]
Constitution of India - Arts. 32 and 21 - Ecology - Constitution of India - Arts. 21, 19(1)(g) and 312 &
Protection and conservation of forests - Interim 48-A, 51A(g)- E cology - Fish in g a c tiv ity in
directions issued by Supreme Court by its order dated reservoirs within National Park area - Claiim of
12.12.96 reported at (1997) 2 SCC 267 - No tribals formerly residing in National Park area -
substantial variation in the said order required - Every effort should be made to ensure that the
However, a High Powered Committee directed to be tribals, when resettled, are in a position to earn
constituted to oversee strict and faithful their livelihood - Grant of 305 fishing perm its to
implementation of the orders of the Supreme Court tribals formerly residing in Pench National P;ark
- Constitution and functions o f the committee area (in M. P.) for fishing in Totadoh reservoir
specified — Central G overnm ent and State challenged on ground of ecological fragility -
Governments to make certain payments and meet Though the tribal villagers residing in the villa;ges
all expenses State of Meghalaya directed to file falling within die areas notified under S. 35(1) of
affidavit with full and complete particulars of the Wild Life Protection Act had not initially made
quantity of timber which comes from its forest, use any claim pursuant to proclamation issued unider
by rural tribal population, revenue derived by the Ss. 19 and 21 of the Act inviting claims but tlhey
State by way of royalty from minerals, mines and later claiming their traditional right of fishi ng,
forest areas, purchase tax on export of timber etc. the same being their only source of livelihooid -
and number of wood-based industries within the Tribals neither provided with other suitable
State and number of persons employed in such fishing areas outside the National Park nor given
industry - All unlicensed saw mills, veneer and land for cultivation - Permits issued in lieui of
plywood industries in Maharashtra and Uttar and in settlement of traditional rights of the
Pradesh to be closed forthwith - Timber held by tribals prior to final notification under S. 35 (4)
private parties which was purchased from J & K State notifying the area as National Park - Permits
Forest Corpn. permitted to be moved and stocks of subject to certain conditions - held, the permits
Forest Corpn. allowed to be disposed of - Directions do not fall under S. 33 o f the A ct - Whiile
also issued as regards mining matter. endeavouring to maintain ecology of the forest
area, right to livelihood of the tribals formerly
living in the area has also to be considered -
115. State o f Orissa v. D uti Sahu and Others
Accordingly some additional directions issued by
(1997)3 S C C 501 Civil A ppeal No. 316 o f
the Court for properly maintaining the licence
1997, d e cid ed on J an u ary 13, 1997, [K.
conditions - If one of the reasons for shrinkage
RAMASWAMY, J., G. T. NANAVATI, J.]
in forest cover in India is the entry of villagers
Forests - Forest Conservation Act, 1980-S. and tribals living in and around the sanctuaries
2 - Restrictions on deservation of forests or use of and the National Park, urgent steps must be
forest land for non-forest purposes Assignment of taken to prevent any destruction or damage to
land granted by State Government to Respondent in the environment, the flora and fauna and wildlife
reserved forests for cultivation on the condition that in those areas - State Government directed to
trees standing on land shall be - property of State issue the final notification under S. 35(4) with a
Government - Held, Respondents had no right to sense of urgency in the matter enjoined by Article
deforest the land and to cut and carry trees belonging 48-A of the Constitution keeping in mind the duty
to Government much less without permission of enshrined in Article 51-A(g)- Forest Act, 1927,
authority - Except with prior permission of Central S. 26(l)(i)-Wild Life (Protection) Act, 1972, Ss. 33,
Government deforestation is impermissible Hence, 35 (1) & (4), 19 to 26 - Jurisprudence-Sociological
High Court conferred in directing by way of writ of sch ool - Law as an in s tru m e n t o f S ocial
mandamus issuance of Timber Transit permit to Engineering - Traditional rights of natives versus
Respondents. development.
ENVIRONMENT COURT CASES 331

117. Akhil B harat Goseva Sangh and Others v. and 51 -A(g) of the Constitution of India give a clear
State o f A. P. and Others, (1997)3 SCC 707, mandate to the State to protect and improve the
C.A. No. 3968 o f 1994 w ith Nos. 3964-67 environment and to safeguard the forests and wildlife
of 1994 and I.PL, Mo.5, decided on March of the country. It is the duty of every citizen of India
12. .1997, [B.P. JEEVAN REDDY, J. SUHAS to protect and improve the natural environment
C.SEN, J.l including forests, lakes, rivers and wildlife and to
Environment Control and Pollution - Mechanised have com passion for living creatures. The
slaughterhouse (abattoir) in a village in the State of ‘Precautionary Principle’ makes it mandatory for the
A. P. by a public limited company (A1 Kabeer) for State Government to anticipate, prevent and attack
processing buffalo meat for export Establishment, the causes of environment degradation. In order to
working and continuance of- Supreme Court by its protect the two lakes from environm ental
earlier order dated 25.10.1994 directing Central degradation, it is necessary to limit the construction
Government to submit its report to it - Accordingly activity in the close vicinity of the lakes.
report submitted - but report based upon the The functioning of ecosystems and the status of
statistics /census figures of cattle population environment cannot be the same in the country.
including buffalo population for the period 1987 to Preventive measures have to be taken keeping in view
1993, i.e. prior to commencement of functioning of the carrying capacity of the ecosystems operating in
the company which are not relevant to the issue - No the environmental surroundings under considera­
final order could be passed by the Court on the basis tion. Badkhal and Surajkund lakes are popular
of such report Hence Government of india called upon tourist resorts almost next door to the capital city of
to provide a fresh report within six months after Delhi. Two expert opinions on the record by the
studying the impact and effect of the working of A1 Central Pollution Control Board and by the NEERT
Kabeer upon the buffalo population of the Telangana make it clear that the large-scale construction activity
region of Andhra Pradesh and also of the areas in the close vicinity of the two lakes is bound to cause
adjacent to A1 Kabeer, two years after the adverse impact on the local ecology. NEERI has
fcommencement of the operations by A1 Kabeer - recommended green belt at one km radius all around
Pending further orders with effect from 1.4. 1997, A1 the two lakes.
Kabeer shall function only at half the installed
capacity and not at its full installed capacity 119. T. N. Godavarm an Thirum ulkpad v. Union
Govenunent of India, the State Govenrment and the o f India, (1997)7 SCC 440, W. P. (C) No. 202
Andhra Pradesh Pollution Control Board shall ensure o f 1995 w ith IAs. Nos. 1, 5, 5-A, 15,16, 19-
compliance with this direction. 23, 25-27, 29, 33-36, 52, 54-75, 77-89, 91-
118. M. C. M eh ta v. Union o f In dia Si Others, 95, 100, 104-110, 112-118, 120-122, 124-
(1997)3 SCC 715 I. A. NO. 29 IN W.P.(C) No. 206 o f 1997 with W. P. (C) No. 171 o f 1996
4677 o f 1985, decided on October 11, 96, Environm ent Aw areness Forum v. State o f
[K U L D IP S IN G H , J., N. P. SING H , J., S. J S l K and Others with C.P. No. 539 o f 1996
SAGHIR AHM AD, J.] IAs Nos. 11, 11-A and 12 w ith W.P.(C) No.
897 o f 1996 A. Rangarajan and Others v.
Constitution of India - Arts. 21, 47, 48-A, 51-A(g) Union o f India and Others W.P. (C) No. 202
and 32 Ecology - Green belt - Duty to protect and o f 1995 with IAs Nos. 1, 5,5-A, 15, 16, 19-
improve forests, lakes, wildlife etc - Principle of 23, 25-27, 29, 33-36, 52, 54-75, 77-89, 91-
Sustainable Development and Precautionary 95, 100, 104-110, 112-118, 120-122, 124-
Principle reiterated - Banning of construction 206 o f 1997 with W.P.(C) 171 o f 1996 with
activities within the radius of 1 km from tourist C.P. No. 539 o f 1996 IAs. Nos. 11, 11-A and
resorts of Badkal Lake and Surajkund in the State of 12 with W. P.(C) No. 897 o f 1996, decided on
Haryana only questioned as being arbitrary, M ay 8, 1997, [J. S. VERMA, C. J., B. N.
discriminatory and not based on technical reason - KIRPAL, J., S. P. KURDUKAR, J.]
Clarificatory directions issued Environment
Constitution of India - Arts. 32 and 21 - Ecology -
Protection Act, 1986.
Protection and conservation of forests - Further
The “Precautionary Principle” has been accepted interim orders issued in regard to nmning/relocating
as a part of the law of the land. Article 21, 47, 48-A of sawmills, collecting forest produce and removal of
332 FUNDAMENTAL DUTIES OF CITIZEENS

dead or dry trees in State of U. P. - In the seven North- individual or even a few person cannot override: and
Eastern the States ban on felling and transportation must be subordinate to the larger public interest t and
of trees and timber already imposed to continue - this is how all provisions conferring any individual
Further action to be taken by the High Powered right have to be constructed.
Committee specified - Other directions issued - time
The existing provisions of the Motor Vehicles Act
specified for completion of the task by any of the
alone are sufficient to clothe the members of the poolice
committees constituted pursuant to Supreme Court’s
force and the transport authorities with ample powers
order extended - Govt, of Maharashtra permitted to
to control and regulate the traffic in an appropiriate
consider grant of permission/licence to Pune Distt.
manner so that no vehicle being used in a puiblic
Leprosy Committee run their sawmills.
place poses any danger to the public in any fcorm.
120. M.C. M eh ta v. Union o f India, (1997)8 SCC The requirement of maintaining the motor vehiicles
770 W.P. (C) No. 13029 o f 1985, decided on in the manner prescribed and its use if roadworthy
Novem ber 20. 1997, [J. S. VERM A , C. J., in a manner which does not endanger the puiblic,
B.N. KIRPAL, J., V. N. K H ARE J.] has to be ensured by the authorities and this is the
aim of these provisions enacted in the Act. "This
Motor Vehicles Act, 1988 -Ss 2(47), 19, 39, 45, 53,
conclusion can be drawn even without reference to
84, 86, 112, 177, 183, 184, 207 - Management and
the general powers available to the police officers
control of tratffic in the National Capital Region and
under the Police Act and the Code of Crimiinal
National Capital Territory, Delhi - Matter pertains to
Procedure.
public safety Eind hence within the ambit of Art. 21-
PIL seeking maximum possible safeguards to people Any requirement which is specified under the Act
gaining more importance in view of recent tragedy of or by the rules, has to be fully complied with. The
fall of a school-bus into river - Provisions of the Act provisions of the Act indicate that any person who
provide sufficient power to transport and police poses any threat or is likely to cause nuisance or
authorities to effectively deal with the problem - danger to the public can be disqualified and his
Provisions of the Act have to be so constructed as to licence revoked. Heavy and medium vehicles as well
keep individual or a class interest subordinate to the as light goods vehicles are in a class by themselves
larger public interest - Heavy and medium vehicles in so far as their potential to imperil public safeity is
as well as light goods Vehicles are class by themselves concerned.
insofar as their potential to imperil public safety is
concerned - Accordingly, with a view to immediately Section 177 of the Act contains general provisions
deal with the danger posed to public safety by the for punishment for offences. The punishment is a
motor vehicles, orders/directions issued by Supreme maximum fine of Rs. 100 for the fust offence and for
Court to the police and other authorities concerned the subsequent offence is only Rs 300. The
- In order to implement the orders/directions, recom m endation made by the Transport
authorities concerned are entitled to delegate their Commissioner, Delhi for raising the maximum
authority in case of inadequacy of police force and punishment deserved acceptance taking into account
Transport Department force is felt-Constitution of the realities and the chaotic state of road traffic in
India, Arts. 21 and 32 and 142. NCR and NCT, Delhi, but did not find favour with
the Central Government.
The control and regulation of traffic in the NCR
To overcome the situation when the strength of
and NCT, Delhi is a matter of paramount public safety
the police force is not adequate in a given area and
and, therefore, is evidently with the ambient of Article
the utilization of more men is required for strict
21 of the Constitution.
enforcement of these salutary provisions, the law
The provisions of the Motor Vehicles Act, 1988, confers power of delegation of the authority to other
}n addition to the provisions in the existing laws, for persons. The authorities concerned would mobilize
example, the Police Act and the Code of Criminal the needed support by delegation of these powers to
Procedure, confer ample powers on the authorities other authorities/officers and if need be even to
to take the necessary steps to control and regujate responsible members of the public so that the
road traffic and to suspend/cancel the registration resource crunch or inadequacy of infrastructure is
or permit of a motor vehicle if it poses a threat or not an impediment in enforcement of the law and
hazard to public safety. The claim of any right by an the directions given today to obtain the desired
] ENVIRONMENT COURT CASES 333

results. No doubt, it is for the Government to make a alia directed to ‘remove all hoardings which are on
realistic assessment of the strength of police force roadsides and which are hazardous and a
amd Transport Department force to meet the felt need disturbance to safe traffic movement” - Accordingly,
im this behalf but it must be added that to overcome notice published by the Commissioner of MCD
thiat deficiency/inaction this order is to be construed warning all advertisers / owners of hoardings in Delhi
a s empowering the existing authorities to delegate to remove such hoardings and also notices issued
thieir authority, wherever permissible under the law, thereafter as a result of non-compliance of notice by
to responsible persons in the manner they deem fit some persons - Clarification/ modification in respect
im the circumstances. In view of the urgency of of the said direction of the Court sought by Delhi
implementation of these measures, it is made clear Outdoor Advertisers’ Association in the present
that for the purpose of such delegation to responsible application - Held, must be rejected - Direction
ptersons chosen even from the public, these explicit and clear - Steps taken by the authorities in
authorities would not suffer from any constraint and compliance with the direction proper - Submission
this order is sufficient empowerment to them in that the order/direction enabled the authorities to
this behalf notwithstanding any administrative act arbitrarily and to remove any hoarding at their
oirders imposing any impediment or constraint on will not correct - Order and direction of the Court
them, if any. had been duly publicised and thereafter sufficient
notices requiring compliance had been given. * Order
1:21. M. C. M eh ta v. Union o f India, (1997) 11 made by the Court even in respect of the hoardings
SCC 312 I. A. No. 32 in W. P. (C) No. 4677 of is required to be implemented notwithstanding any
1985, d e c id e d on D e c e m b e r 10, 1996, other order or directions including stay orders/
[KULDIP SINGH, J., S. SAGHIR AHMAD, J.] injunctions granted by any authority, court or
Environment (Protection) Act, 1986 - Ss.3(3) and 15 tribunal to the country.
to 21 - Falling groundwater level - PIL- Ministry of
Environment and Forest, Govt, of India directed to 123. IAs. Nos. 71, 79, 104, 105, 107, 113, 121,
appoint Central Groundwater Board as an Authority 166, 260, 161 and 262 in W.P. (C) No. 202 of
under S. 3(3) - Authority to exercise powers under 1995 T. N. Godavarm an Thirum ulkpad v.
the Act for regulation and control of ground water Union o f India & Others with I.A. No. 13 in
management and development - Central Govt, to W.P.(C) No. 171 of 1996 E n v ir o n m e n t
confer on the Authority power to give directions under Aw areness Forum v. State o f J 81 K and
fe . 5 and to take measures or pass orders in respect Others IAs. Nos. 71, 79, 104, 105, 107, 113,
Of matters referred to in S. 3(2) - Board as an authority 121, 166, 260, 261 and 262 in W.P. (C) No.
can resort to the penal provisions under Ss. 15 to 21 202 of 1995,1.A.No.13 in W. P. (C) No. 171 of
- Board to apply its mind in respect of the urgent 1996, decided on January 7, 1998, [J. S.
heed for regulating the indiscriminate boring and VERMA, C. J., B. N. KIRPAL, J., V. N.
Withdrawal of underground water in the country and KHARE, J.]
issue necessary regulatory directions in that regard Constitution of India - Arts. 21 and 32 - Ecology -
- Constitution of India, Arts. 21 & 32 Ecology - PIL. Protection and conservation of forest - Committee
consisting of two advocates of Supreme Court and
122. M. C. M eh ta vs. Union o f India, (1998) 1 SCC an officer of Ministry of Environment to be nominated
363 W.P. (C) No. 13029 o f 1995 with Nos. by the Secretary appointed for ascertaining full facts
9300. o f 1982, 939 o f 1996, 95 o f 1997, IAs regarding continuance of illegal mining activity in
Nos. 7-8 an d-11-13 in W. P.(C) No. 13029 o f some villages of Minagur and in Doon Valley and
1985 decided on Decem ber 10, 1997, [J. S. submitting its report to the Supreme Court - Further
V E R M A , C. J., B. N. K IR PA L, J., V. N. each of the State and Union Territories directed to
KHARE, J.] furnish information as required in the questionnaire
Motor Vehicle Act, 1988 - Ss 2(47), 19, 29, 45, 53, - in view of the statement made by the counsel for
84, 8, 112, 177, 183, 184, 207 - Management and State of M. P. in regard to transactions of transfer of
control of traffic in the National Capital Region and lands by tribals, no order at this stage required-
National Capital Territory, Delhi - Order and However, it is necessary that investigation into the
directions issued by Supreme Court in the matter entire matter covered by the report of the Lokayukta
on 20.11.1997 - Thereby the authorities were inter of Madhya Pradesh be made by the CBI; and that
334 FUNDAMENTAL DUTIES OF CITIZEINS

the necessary follow-up action including prosecution tax also needs to be considered by the Govemmient
pf the persons found involved should be made by the of India - Connected directions issued - Directions
CBI. also issued in regard to construction of ambient air
quality monitoring station.
124. Af. C. M eh ta v. Union o f India 8i Others,
(1998)2 SCC 435, W.P. (C) No. 13029 o f 1985 126. M. C. M ehta v. Union o f India, (1998)6 SCC
w ith Nos. 9300 o f 1982, 939 o f 1996, 95 of 60 W. P.(C) No. 13029 of 1985 with Nos. 9»39
1997 and I.A. No.7 in W.P.(C) No. 13029 of of 1996 and 95 of 1997, decided on May 12,
1985, decided on January 7, 1998, [J. S. 1998, [DR. A.S. ANAND, J., B. N. KIRPAL,
V E R M A , C .J ., B .N . K IR P A L , J ., V. N. J.,V. N. KHARE, J.]
KHARE, J.] Constitution of India - Arts. 21, 47, 48-A, 144 aind
Environment Protection Act, 1986 ±S. 3(1) & (3)- 32 - Chaotic traffic conditions and vehicular pollution
Environment Pollution (Prevention and Control) in Delhi - Directions already issued by Supreme Ccurt
Authority for National Capital Region constituted keeping in view the mandate of Arts. 47 and 48 to
under, by Ministry of Environment and Forests, tackle the problem not yet complied with - No policy
Government of India - Held, step taken by the yet evolved to tackle the problem - No report
Government appropriate and timely Except for the subm itted by Committee constituted under
Chairman, Central Pollution Control Board being an Chairmanship of Shri Bhure Lai known as
ex-officio member of the authority, the remaining Environment Pollution (Prevention and Control)
tnembers will be in the Committee not merely by Authority for the National Capital Region - Held, State
Virtue of their office but because of the personal was obliged to comply with the directions of the Co urt
qualifications on account of which they are included - Desirability of appointing Court Officers to assist
in the committee - Authority to deal with the entire the administration with a view to ensure compliance
matter relating to environmental pollution - with the directions considered - Counsel for the
Constitution of a Committee headed by Justice R. K. parties to give the court a list of persons from every
Shukla, a former Judge of Allahabad High Court in colony/area in each of the 9 Police Districts of Delhi
compliance with Supreme Court’s order dated who may be appointed as Court Officers - Additional
13.9.1996 was only an ad-hoc committee - Solicitor General directed to have affidavits filed from
Government of India permitted to supersede the the Ministry of Petroleum and Ministry of Surface
earlier notification constituting the Authority headed Transport to disclose the steps taken for supply of
by Justice Shukla and matter pending with that lead-free petrol and the use of catalytic converter on
Authority shall stand transferred to the present the new as well as existing vehicles so as to use lead-
Authority - Committee headed by Justice Shukla free petrol throughout the country - Committee
would cease to exist - However in case there are directed to submit a report about the action taken
certain matters outside the scope of the present for controlling vehicular pollution and the connected
Authority, the same shall be dealt with by the matters - Matters to be listed after ten weeks.
authorities concerned.
127. M. C. Mehta v. Union o f India, (1998)6 SCC
125. M. C. M eh ta v. Union o f India, (1998) SCC 60 W. P.(C) No. 13029 of 1985 with Nos. 939
720 IAs. Nos. 38, 44-47 and 49-51 in W. P. of 1996 decided on July 28, 1998, [DR. A.S.
(C) No. 13382 o f 1984, decided on March 24, ANAND, J., B. N. KIRPAL, J., V. N. KHARE,
1998, [S . C. A G A R W A L , J ., S. S A G H IR J.]
AHM AD, J., M. SRINIVASAN, J.] Constitution of India - Arts. 21, 47, 48-A, 144 and
Constitution of India - Arts. 21, 49, 48-A, 32 - 32 - PIL Vehicular Pollution in Delhi - Implementation
Environmental impact on Taj Mahal due to “Concert of Report of Environment Pollution (Prevention and
Uanni” - Report submitted by the Committee Control) Authority for NCT Follow-up to earlier order
constituted to monitor directions earlier given by dated May 12, 1998 reported at (1998) 5 SCC 767 -
Supreme Court regarding - Conclusion and the Time bound direction issued to implement in phases
recommendations contained in the report accepted the several solutions/restrictions for solving the
by the Court - State Government would consider the problems giving rise to air pollution - Also, time frame
matter relating to grant o f exemption from implementation of several measures fixed by Bhure
entertainment tax - Matter exemption from income Lai Committee approved and directed to be
EONVIRONMENT COURT CASES 335

imiplemented failure to which would invite action aware by the use of media, television, etc, of the
iirader Contempt of Courts Act, 1971. possibility of their being dealt with for removal of the
in-built catalytic converters Increase in number of
1228. M. C. M e h ta v. U n ion o f In d ia O th ers, outlets for supply of unleaded-petrol in four metros
(1998)8 SCC 206 W. P.(C) No. 13029 o f 1985, and in their periphery proposed by the Ministty - As
decided on Septem ber 22, 1998, [DR. A. S. regards the question of conversion of existing govt,
A N A N D , J ., B .N . K IR P A L , J ., V. N. vehicles to CNG there is no difficulty since Yugo-Tech,
KHARE, J.] Inc. and G & T Yugo - Tech CNG Pvt. Ltd are in a
Emvironmental Protection and Pollution Control - position to meet all the requirements of the Indian
Veihicular pollution and chaotic traffic condition - PIL consumers, government agencies and bodies for
- Direction earlier issued by Supreme Court accepting equipping of the existing care with CNG kit - for
Bhiure Lai Committee report to the effect that all setting up a mother station for compressor, DDA
commercial vehicles which are more than 15 years’ should show urgency in providing land in Delhi As
old shall not be allowed to ply in the NCT of Delhi regards vehicles run on diesel, sulphur content
w.(e.f. 2.10.1998 - Direction modified to the effect that reduction on the anvil to be observed.
(a) all commercial/transport vehicles which are more
than 20 years’ old (9349) shall be phased out and 130. M. C. M eh ta v. Union o f In d ia & Others,
noit permitted to ply in the NCT of Delhi after (1 9 9 8 )9 S C C 93 I.A .N o . 3 8 in W. P.(C )
2.10.1998 ; (b)all such commercial/transport vehicles No. 13381 o f 1984 decided on M arch 17,
whiich are 17 to 19 years’ old (3200) shall not be 1997, [K. RAM ASW AM T, J ., S. S A G H IR
permitted to ply after 15.11.1998; (c) such of the AHMAD, J.]
commercial/transport vehicles which are 15 and 16 Constitution of India - Arts. 21 and 32 - Ecology -
years’ old (4962) shall not be permitted to ply after Taj Mahal Protection of, from pollution - Musical
31.12.1998 - Besides, all commercial/transport concert (by Yanni) organized in the vicinity - Damage
vehicles which are either not registered or on which and destruction to the green belt within 500 metres
road tax has not been paid in the NCT of Delhi, shall of Taj Mahal alleged - Respondents stating that the
not be allowed to ply in the NCT forthwith and in any venue for the show was across River Yamuna in the
event, not with effect From 2.10.1998. sand belt wherein no green belt existing - Undertaking
given on behalf of State of U. P. stating the
129. M. C. M eh ta v. Union o f In d ia 8l Others, precautions to be taken during the concert to protect
(1998)8 SCC 648 W.P.(C) No. 13029 of 1985 the area from sound, air and environmental pollution
w ith W.P.(C) No. 9300 o f 1982 decided on accepted and forming part of Court’s directions -
February 16, 1996, [A. M. AHM ADI, C.J., Committee comprising officers from concerned
S U JA T A V. M ANO H AR , J., K. V E N K A T A ­ departm ents/bodies o f Govt, directed to be
SWAMI, J.] constituted for strictly monitoring/implementation
Environment Pollution and Control - Supply of lead- of the directions of the Court.
free petrol Three-phase programme regarding - First
phase to introduction of unleaded petrol in four 131. M. C. M ehta vs. Union o f In d ia Si Others,
metros through selected outlets already completed - (1998)9 SCC 381,W.P.(C) No. 13381 o f 1984
Second phase of extension of unleaded petrol to with LA.No. 39 o f 1987, decided on January
capitals o f all States and major Towns proposed to 19, 1 9 98 , [S . S A G H IR A H M A D , J ., M.
be achieved from 1998 - Thereafter third phase would JAGANNADH A RAO. J.)
be of making available unleaded petrol in the entire Constitution of India - Art. 32 - Orders and directions
country at selected retail outlets by April 2000 - As Ambient Air Quality Monitoring Station at Taj Mahal
per Supreme Court’s order all new four-wheelers sold set up by Archeological Survey of India - U. P. State
in the four metros alter 1.4.1995 have been equipped Electricity Board should not treat it as an ordinary
With catalytic converters - If a new vehicle has been consumer - Setting up of the Monitoring Station being
sold in the four metros and registered there and is part of the main object of protecting the monument,
found without a catalytic converter, the driver/owner the Board directed to sanction 15 KV load to the
of that vehicle should be dealt with and, if necessary, Monitoring Station and to set up an independent
the supporting rule or legislation should be enacted feeder line for continuous power supply - Other
- The warning can be issued and all such users made directions issued - Four months’ time allowed to
336 FUNDAMENTAL DUTIES OF CITIZENNS

Archaeological Survey of India to set up Automatic authorities concerned to take the steps necessaary
M onitoring Equipm ents at the Air Pollution for discharge of this duty imposed on the State i by
Monitoring Station. the provisions of Environment Protection Act - It beiiing
a matter of universal concern that the quality of tithe
132. M. C. M eh ta v. Union o f In d ia 81 Others, environment continues to deteriorate even now, i no
(1998)9 SCC 448 LA. No. 86 ofW. P.(C) No. further delay in performance of its duty by Centitral
3727 o f 1985 w ith LA. No. 88 in W. P.(C) No. Govt, can therefore be permitted suitable directioons
4677 o f 1985, decided on D ecem ber 16, by the Court to require performance of its duty 1by
1997, [S. C. AGARWAL, J., S. C. SEN, J.] the Central government required to be givenn -
Constitution of India - Arts. 21 and 32 - Ecology - However, it would be appropriate that before issuiiing
Relocation of Calcutta tanneries to new complex to such directions, the Central Govermnent should 1be
be set up by the State as directed in (1997) 2 SCC given one more opportunity to indicate all tithe
411 - Proceedings for acquisition o f600 acres of land measures taken by it so far for discharge of the duuty
out of the Court in various writ petitions - Relief enjoined on it by the above provisions in Part TVr of
Direction given for constituting a Special Bench of the Constitution and the Environment (Protecticon)
High Court for expeditious disposal of such writ Act, 1986 - Central Government in addition to statiing
petitions - State Government directed meanwhile to all the steps taken so far must also place before tthe
proceed with the setting up of the project including Court the national policy, if any, drawn up in tlhis
the construction of Common Effluent Treatment Plant behalf for the protection and improvement at lesast
- Water (Prevention Eind Control of Pollution)Act, to the level at which it existed in 1977 together wWth
1974, Ss. 2(e)&(k), 24, 2, 26 Environment Protection the time-frame for the implementation of tthe
Act, 1986 - Ecology. programme Environment (Protection) Act, 1986.

Constitution of India - Arts. 21 and 32 - Ecology 134. T.N. Godavarm an Thirum ulkpad v. Uniion
- Pollution fine imposed on Calcutta Tanneries in o f India and Others, (1998)9 SCC 632 IA IN o .
(1997) 2 SCC 411 - W. B. Pollution Control Board 225 o f 1995 in W. P.(C) No. 202 o f 1995 wiith
directed to file an affidavit regarding compliance of, IAs. Nos. 71, 79, 104, 105, 107, 108, 1113,
by the tanneries and to specify the names of 121, 166, 260, 261, decided on Decemttoer
defaulters if any. 16, 1997, [J. S. VERMA, C. J., B.N. K IR PA L,
Constitution of India - Arts. 21 and 32 - Ecology J., V.N. KHARE, J.]
- Directions given by Supreme Court in (1997) 2 SCC
411 - State of W. B. directed to file an affidavit Constitution of India - Arts. 32 and 21 - Ecologjy -
indicating the steps taken by them to comply with PIL Protection and conservation o f forestss -
the said directions - Site plan indicating the total Utilisation/disposal of illegally felled timber - All tthe
area and part thereof in respect of which interim illegally felled timber within the forest area includiing
orders were passed by High Court and status report the depots would be sold by public auction at De;lhi
&bout progress made, also directed to be submitted. under the supervision of the High Powered Committtee
(HPC) after permitting inspection of the same at tthe
133. M. C. M eh ta v. Union o f In dia & Others, site to the intending bidders - Total sale proceeds of
(1998)9 SCC 589 W.Ps.(C) No. 13029 o f 1985 the said timber would go to the State of Arunaclhal
w ith Nos. 9300 o f 1982, 939, 95 o f 1996, Pradesh which will utilize one half of that amouint
and IAs. Nos. 7 to 10 in W.P.(C) No. 13029 of for rsiising plantation by local tribal population witlhin
1985, decided on Novem ber 18, 1997 [J. S. the State so that this part of the cimount would be
V E R M A , C. J ., B. N. K IR P A L . J., V. N. utilised only for the purpose of forestry and assistamce
KHARE, J.] to the local tribal population - Remaining one-haltf of
Constitution of India - Arts. 47, 48-A, 21 & 32 - PIL - the total sale proceeds, after deduction of tthe
Ecology - Protection and improvement of environment expenses therefrom, would go to the State coffers for
r Citizens’ right regEirding - Duty of State under Arts. other development activities in the State - In respiect
47 and 48-A to be read as conferring a corresponding of the case concerning permission granted to fell BfEire
right on the citizens in this regard and therefore right Jhar ka Jangal’ for the benefit of a Minister's famiily,
under Art. 21 must be read to include the same within State Government directed to intimate the action, if
its ambit - Required attention not paid so far by the any, taken by it against the persons concerned.
ENVIRONMENT COURT CASES 337

135. T.N. G odavarm an Thirum ulkpad v. Union hazardous industry and what its pollution
o f In d ia and Others, (1998)9 SCC 632 I. As. potentiality was, and (ii) whether its operation was
Nos. 254*257 & 276 in W.P.(C) No. 202 of likely to affect the sensitive catchment area resulting
1995 w ith LA . No. 227 in W.P. No. 202 of in pollution of the lakes supplying drinking water to
1995, decided on February 23, 1998, [DR. the twin cities of; Hyderbabad and Secunderabad -
A . S. A N A N D , J ., B .N . K IR P A L, J., V.N. The question of granting or not granting permission
KHARE, J.] to the industry to make trial runs to enable the
Constitution of India, Arts. 32 & 21 - Ecology - PIL monitoring and analysis of the results of pollution,
Protection and conservation of forests - Under the also left to be decided by the said authority three
garb of removing infected trees in accordance with months’ time limit suggested for submission of the
orders of Supreme Court, trees having no disease opinion by the said authority- Environment and
also cut - Report of the Task Force (Wildlife Group), Pollution Control - Water (Prevention and Control of
as also other reports, if any. directed to be furnished Pollution) Act, 1974, Ss. 25 and 28 Practice and
- State Govt, and its functionaries restrained from procedure - Reference of scientific and technical
cutting any of the trees hereafter, even if in the aspects of environmental matters by Supreme Court/
opinion of the State Government, the particular tree High Courts to expert bodies having both judicial and
or trees are considered to be diseased trees, till further technical expertise - Permissibility.
orders - Further, State Forests Report 1997 indicating
Constitution of India - Arts. 21 and 32 & 226 -
that between 1995 and 1997, dense forest to the
‘Life’ and ‘liberty’ Environmental degradation -
extent of 17, 777 sq kms has been lost to the country
Environment aspects concern ‘life’ and human right
thus showing large-scale deforestation - Report
aspects concern ‘liberty’ - Jurisdiction under Arts.
ahowing States of Andhra Pradesh, Madhya
32 and 226 invocable - Environment Protection and
Pradesh, Assam, Manipur, Nagaland, Orissa and
Pollution Control.
Meghalaya as the main defaulters - Copies of the
report directed to be furnished - Other orders/ Environmental concerns arising in the Supreme
directions issued. Court under Article 32 or under Article 136 or under
Article 226 in the High Court are of equal importance
X36. A P. Pollution Control Board v. P r o f M. V. as human rights concerns. Both are to be traced to
Nayudu (Retd)8l Others, (1999)2 SCC 718, Article 21 which deals with the fundamental right to
C.A.NOS. 368-371 o f 1999 w ith Nos. 372 and life and liberty. While environmental aspects concern
373 of 1999, decided on January 27, 1999, ‘life’, human rights aspects concern ‘liberty’. In the
[S. B. MAJMUDAR, J., M. JAGANNADHARAO, context of emerging jurisprudence relating to
J.l environmental matters - as is the case in matters
Constitution of India - Arts. 32, 136, 226 and 21 - relating to human rights, - it is the duty of the
Interference in environmental matters - Procedure - Supreme Court to render justice by taking all aspects
Making reference to expert body - Permissibility - into consideration. However, in such cases sometime
keeping Art. 21 in view, Supreme Court while dealing the Supreme Court has been finding sufficient
with environmental matters under Arts. 32 or 136 difficulty in providing adequate solutions to meet the
and High Court, under Art. 226, held, can refer requirements of public interest, environmental
scientific and technical aspects for investigation and protection, elimination of pollution and sustained
opinion to statutory expert bodies having development. The monitoring of a case as it progress
combination of both judicial and technical expertise before the professional authority and the
in such matters, like the appellate authority under consideration of objections raised by affected parties
the Mational Environmental Appellate Authority Act, to the opinion given by these professional technical
1997 - In State Pollution Control Board’s appeal bodies have again been creating complex problems.
against the order of the Authority under S. 28 of Water Therefore, with a view to ensure that there is neither
Prevention and Control of Pollution) Act, 1974, danger to the environment nor to the ecology and, at
Supreme Court referring to the appellate authority the same time, ensuring sustainable development, it
under the 1997 Act the questions: (i) whether the has to be held that the Supreme Court can refer
industry for production of “BSS castor oil derivatives” scientific and technical aspects for investigation and
with “giycerine, spent bleaching earth and carbon opinion to expert bodies such as the appellate
and spent nickel catalysts” as by-products, was a authority under the National Environmental
FUNDAMENTAL DUTIES OF CITIZEENS

Appellate Authority Act, 1997. The said authority environmental context traced - Replacem ent of
Comprise a retired judge of the Supreme Court and assimilative capacity principle by precautiomary
m em bers having technical expertise in principle and evolution of special burden of pjroof
environmental matters whose investigation, analysis noticed - Need for modification of statute law and
bf facts and opinion on objections raised by parties, inclusion of both judicial and technical personnael in
could give adequate help to the Supreme Court or the appellate body or tribunal re-emphasised and
the High Courts and also the needed reassurance. necessary directions issued - Principle of in te r ­
Any opinions rendered by the said authority would governmental equity - Precautionary principple -
of course be subject to the approval of the Supreme Development and scope of explained - W/ater
Court. Such a procedure can be adopted in matters (Prevention and Control of Pollution) Act, 19744 Ss.
arising in the Supreme Court under Article 32 or 25 and 28 - Air (Prevention and Control of Polluttion)
under 136 or arising before the High Courts under Act, 1981, S. 31 - Hazardous Waste (Managerment
Article 226 of the Constitution of India. and Handling) Rules, 1989, R. 12 - Environrment
(Protection) Act, 1986, S .3(3) - N a tio n a l
Paramjit Kaur v. State of Punjab (1999) 2 SCC
Environmental Tribunal Act, 1995, Ss. 10 (ll)(b),
131: (1998) 5 Scale 219 : JT (1998) 6 SCC 338:
10(2)9b)& 10(2)(c) - National Environmental Appeillate
Paramjit Kaur v. State of Punjab (1999)2 SCC 131
Authority Act, 1997 Constitution of India Arts.. 32,
at p. 541, relied on.
136 and 226 - Interference in environmental mattters
In the instant case, the following questions are - Stockholm Declaration of the UN Conference on
being referred to the appellate authority under the Human Environment, 1972, Principle 6- UN Gemeral
national Environment Appellate Authority A4 1997 Assembly Resolution on World Charter of Natture,
for being decided as far as possible within three 1982, Principle 11 - Rio conference of 1992, Principle
months: 15 - Special Rapporteur, International Law
Commission dated 3.4. 1998, paras 61 to 72.
(a) Is the Respondent-industiy a hazardous one and
what is its pollution potentiality, taking into 137. Environm ent Awareness Forum v. Statte o f
account the nature of the product, the effluents J SI K and Others, (1999) 1 SCC 210, IAs
and its location ? Nos. 12, 14, 15, 13 & 16 and Conteim pt
Petition (C) No.539 o f 1996 in W.P. (C)l No.
(b) Whether the operation of the industry is likely to
171 o f 1996, decided on M ay 5, 1998, [DR.
affect the sensitive catchment area resulting in
A. S. ANAND. J., B. N. KIRPAL. J.. V . N.
pollution of the Himayat Sagar and Osman Sagar
KHARE. J.]
Lakes supplying drinking water to the twin cities
of Hyderabad and Secunderabad? Forests - Conservation and protection - Katha -
Despite knowing that while katha is a minor forest
The question whether the industry concerned produce, Khair is a timber and that the ordier of
hiay be permitted to make trial runs has also to be Supreme Court dated 4.3.1997 was not applicable
decided by the said authority. to Khair trees and vide orders of the Court dated
Environment Protection and Pollution Control - 10.5.1996 and 12.12.1996 ban was placed on felling
Judicial intervention - Nature, scope, and limits of - of various trees including khair trees, yet the State
Industrial pollution cases - Nature of problems arising Government officials allowed the felling of khair trees
in such cases under Arts. 32, 136 and 226 pointed by a private company for extraction of Katha - Held,
out, solutions suggested and necessary directions prima facie there has been a deliberate attempt to
given by Supreme Court - Such cases involved circumvent the order of the Supreme Court and there
correctness of technological and scientific opinions has been a wilful breach of the orders of the Court -
regarding efficacy of the technology adopted by the Notices issued to officers concerned to show cause
industry or regarding the alternative technology or why contempt proceedings be not initiated against
modification suggested by Pollution Control Board, them-Contempt of Court.
while scientific opinions are themselves uncertain in Forest - Conservation and protection - Supreme
nature - The difficulty faced by the courts in dealing Court’s earlier directions regarding relocation of
with such problems is a global phenomenon - Position band-sawmills was only in respect of such sawmills
in India, U. K. and U.S.A reviewed - Development of which are licenced - Directions not applicable to
new legal theories and rules of evidence formulated unlicenced or illegally set up band-sawmills - State
on account o f uncertainty of science in the Government shall be at liberty to remove/demolish
ENVIRONMENT COURT CASES 339

or stcop the unlicensed and/or illegally set up band- already issued by Supreme Court on 20.11.1997,
sawrmills in accordance with law. 16.12.1997 and 28.7.1998 - In action on the part of
Poorest - Conservation and protection - the authorities concerned - Union of India directed
SuspxTision of movement of trees or timber from State to ensure that those directions are publicised in print
of J <!& K by order of Supreme Court dated 12.2.1996 as well as electronic media - Publicity in electronic
- Dettailed affidavit specifying the quantity of timber media should be carried on every alternate day for at
held by private persons purchased from State least six weeks - Necessary steps directed to be taken
Foretst Corporation Depots for transportation outside to ensure that (i) bus lanes are segregated and road
the SState (other than for consumption by the DGS&D, markings are provided on all such roads as are
Railways and Defence) desired by Supreme Court not identified by the Police and the Transport Authorities
yet filled - Six weeks’ time granted for filing the detailed within four weeks; and (ii) steps are initiated to have
affidavit. appropriate bus-stops constructed, appropriate
marking painted and bus-bays built at such places
138.. M. C. Mehta v. Union o f India & Others, as may be indicated by the Transport/Police
(1999) 1 SCC 413 W.P.(C) No. 13029 of Authorities within two weeks - Solicitor General shall
1985 decided on December 1, 1998, [DR. A. file a status report detailing the action taken with
S. ANAND, J., B. N. KIRPAL, J., V. N. regard to the directions issued by Supreme Court
KHARE, J.] Appointment of Court Officers to ensure compliance
Motor Vehicles Act, 1988 - Ss.2(47), 19, 39, 45, 53, with the directions under consideration -
84, 856, 112, 117, 183, 184, 207 - Traffic management Environment Protection and Pollution Control -
and pollution control in NCT, Delhi - Directions Vehicular Pollution.
Annexure F

Overview of the Feedback


in
Response to Invitation Seeking
Views and Suggestions
Overview of the Feedback in Response
to Invitation Seeking Views and Suggestions

With the objective of inviting views and suggestions • Salient features of the Constitution and its ideals
from the citizens of India about teaching of in Social Studies and Civics curricula. In case
Fundamental Duties, a press release was issued on Civics is not a compulsory subject, Fundamental
17 October 1998. Several letters containing views Duties may be included in one compulsory
and suggestions were received in response to the language subject.
press release. The respondents included advocates,
• Noble ideals which inspired our national struggle
professors, professionals, government servants and
for freedom
voluntary agencies.
• Upholding and protecting the sovereignty, unity
Later on, Justice J.S. Verma, Chairman of the and integrity of India to be emphasized through
Committee, sent communications to eminent Social studies, History and Political Science
personalities in all walks of life, the Vice-Chancellors curricula
of Universities and certain NGOs/Institutions,
seeking their views and suggestions. By the end of • Promoting the concept of gender justice in the
December 1998, feedback was received from curricula and instructional materials
a number o f universities and institutions • Developing scientific temper, humanism and
organizations, etc., spirit of inquiry and reform
The Committee also gave a Press Notification in • Promoting the ideals of non-violence and
several national and state level newspapers in compassion
November 1998. In response to this notification, the
• Environmental protection, conservation and
communications received by 31 December 1998 have
management
also been studied.
• Several issues inspired by or in tune with
A synthesised overview of the suggestions received Fundamental Duties are already an integral part
so far is given below in a synoptic fashion. It may be of the curricula at various levels of education.
noted that the suggestions are as they have been They need to be strengthened alongwith the
received and the Committee will examine them to induction of related themes. It would be helpful
understand what can be incorporated in the Report to make a concrete assessment of the situation
for implementation. on the ground through status analysis to find
6 .1 Suggestions for inclusion of certain Topics/ out gaps that may need to be bridged.
T h e m e s in the C u rric u la / In s tru c tio n a l • The UGC may suggest a Foundation Course on
Materials Fundamental Duties in the colleges/universities.
• Value-based lessons
• Some suggested non-credit courses at under­
• Studies on moral values graduate level are:
• Ethical teachings of all religions — Study of Environment
• Traditions and ethics of Indian culture — Introduction to Indian Heritage
• Biographies of the builders of modem India (inter — Introduction to National Movement
alia to promote harmony and to eliminate
obscurantism, dogmatism, religious fanaticism In case a separate course on Fundamental Duties
and sectaricinism) is not feasible, the Fundamental Duties may form
FUNMENTAL DUTIES OF CITIZENS

I'
the content of some other subjects taught at the weaving of Fundamental Duties in the curricular
college/university level. and co-curricular material/work at all stagtes of
education, including teacher education.
• Fundamental Duties need to be built in as integral
component of curricula at all stages; the existing • Impart effective in-service training to the scihool
textbooks/modules of instruction, etc., may be and college teachers, the NFE personnel, the
reviewed. Open/Distance Education teachers, and the
Adult Education functionaries about teachinig of
• Highlight in textbooks and print and electronic
Fundamental Duties. Seminar, symposia and
media constructive and developmental work that
workshops may also be organized for imparting
is going on in the country.
training to teacher trainees.
• Serious thought need to be given to make Yoga
• Make compulsory listening to educational
and Meditational Practice as integral part of
broadcasts and telecasts and reading of rixews
curriculum from early stage.
articles pertaining to Fundamental Duties.
6.2 Suggestions for Co-curricular Activities Guidelines in this regard may be prepared and
• Organize competitions, interactions (seminars, disseminated. Orientation programmes may also
symposia, workshops, orientation programmes), be organized in this regard.
fairs, festivals, etc., on issues concerning the 6.4 Suggestions for Socialisation Process
Fundamental Duties.
People need to be socialized through fam ily,
• Organize National Integration Camps for school, neighbourhood, school, university and other groups/
college and university students. institutions about essentials of Fundamental Du ties.
Appropriate strategies in this context need to be
• Make NCC more effective at all levels of school
planned and operationalized. Among others, parents,
and college education
teachers and other social actors may be encouraged
• Give additional weightage to NCC cadets in to discharge properly their role as socialisers, for
joining the Defence Services and Para Military example,
Forces. • A pool of experts drawn from constitutionalists,
• Recast the National Service Scheme (NSS ) and social workers, legal profession, educationists
orient the NSS students to participate in: and non-political opinion leaders may be formed
to regulate the direction of the programmes
Management of disasters (floods, cyclones, related to Fundamental Duties.
earthquakes, epidemics)
• NGOs may be given training in the essentials of
Environmental protection, conservation and Fundamental Duties and modus operandi to
management. propagate the same to people in the society .
Programme and activities of NLM/NFE • The Law Commission may suggest as to how best
Social welfare activities such as old age care Fundamental Duties could be legally enforced.

Promoting harmony and spirit of brotherhood • A Monitoring Committee or an Ombudsman may


amongst the people of different communities be established to monitor from time to time the
implementation of the Fundamental Duties.
Provide better facilities and incentives to the
NSS personnel • A sort of oath/pledge about Fundamental Duties
may be made compulsory/ obligatory in the
Involvement in certain community\ social society.
service projects especially in rural settings.
• Expose the citizens to the ancient texts that reflect
Make either NCC or NSS compulsory during the spirit of Fundamental Duties.
the concerned career of study.
6.5 Some General Suggestions
6.3 Suggestions for Teacher Training and Develop a comprehensive questionnaire for the heads
Teaching-Learning Strategies of educational institutions (school, college and
• Develop Teachers’ Handbooks, suggesting university level, chiefs of professional associations
(OVERVIEW OF THE FEEDBACK IN RESPONSE TO INVITATION SEEKING VIEWS AND SUGGESTIONS 345

amd Public Relations Officers in the corporate sector Monday of January every year should be
amd obtain feedback in order to assess : observed as ‘Fundamental Duty Day’ all over the
country.
— the prevailing level of public awareness of the
nature and ramifications of Fundamental • Given the mixed character of Fundamental
Duties Duties, a differential approach needs to be
— the way each respondent visualises his/her employed towards their furtherance and
notion of Fundamental Duties realization.
— the level of collective/individual concern • To make security in government jobs dependent
about various forms of non- performance of on observance of Fundamental Duties by
Fundamental Duties making suitable provisions in service rules for
the purpose.
— attitude towards rem edial/corrective
measures against those found seriously • Reward those who are doing their duties
wanting in their performance of Funda­ sincerely. Punish those who abuse Fundamental
mental Duties Rights, neglect their duties, and abuse power .
The homes, educational institutions, offices and • Increase the accountability of teachers and
their places of work should all be made centres others managing the system.
of imparting education in the performance of their
duties and obligations. Everyone, more • Inspiring leaders and teachers who can set the
particularly young men and women, needs to be right example through their own lives is the need
sensitized to the current issues related to of the hour. Importance of good role models
Fundamental Duties. A suggestion is that the first cannot be under-estimated.
Annexure G

Fundamental Citizenship Duties:


Some Perceptions
Letter from Dr K.B. Lall to Justice J.S. Verma
Letter from Dr. K.B. Lall, President, CDS

Respected Vermaji, off, without song in dance, but with substantial


impact. During the course of the first twenty five years
I am grateful to you and your colleagues for so of our independence, glorious heights were scaled in
graciously, inviting me to share, my thoughts on several areas of national endeavour. Our
Citizenship Development. achievements were lauded at home and abroad. We
As I worked with my colleagues on the task were credited with having charted the course of
entrusted by the Verma Committee to CDS to prepare democratic development.
a Handbook to facilitate Operationalization and But as we progressed down the Seventies, the
Teaching of Fundamental Duties, my mind was first sign of fatigue began to appear on the horizon.
irresistib ly drawn to the Dawn o f In d ia ’s Our National Ethos seemed to be losing vigour and
Independence, to 15 Aug. 1947, when a new nation momentum. Its negative ingredients inherited from
was born in an orgy of unprecedented communal the colonial past began to raise their ugly heads. Sadly
violence, one country was partitioned amidst death the rich diversity of our land tended to become a
and destructino on a massive scale and millions of source of divisiveness. Fissiparous tendencies were
innocent men and women fled in terror across the strengthened by parties and politicians attempting
new boundaries to seek security in refuse. The first to build vote banks on the bases of narrow caste
task was to rehabilitate the refugees, the second task groupings. As a result, growing cynicism about
was to integrate the Princely States into the new politics and declining respect for politicians disfigure
pation, the third task was to give ourselves the our public life. Involvement of senior Civil Servants
Constitution of India, and the fourth task was to plan in nexus with corrpt politicians is eroding confidence
and build an Independent India of our dreams. These in the integrity and impartiality of Civil Servants. The
tasks were carried out with smoothness and speed. prevalence of corrupt practices at middle and lower
The new Polity, with a strong Centre, vibrant levels, the general decline in behaviour patterns and
federating units and Parliamentary Institutions soon in the conduct of mutual relations raise the cost of
took shape. The new Economy with a judicious mix transactions, lower the effeciency of the economy and
of private and public enterprise, of national planning make it difficult for our goods and services to win in
and individual initiative of agriculture and industry international competition.
was built up brick by brick, the New Society provided
room for emerging social forces to overcome age-old The national scenario is distressing. The electoral
obstances and bring into being new institutions and campaigns for the thirteenth Lok Sabha have brought
mechanisms to develop science and technology and to the surface the distrust of the voter with the
nourish our composite culture. In the international political process. The people are angry over persisting
arena, India played a leading role in freeing the globe shortcomings in the provision of basic services such
from the curse of colonialism, in initiating, sustaining as safe drinking water, health care, primary education
and strengthening the Non-Alignment Movement and and communications in the countryside. The new
in the formation of Group Seventy Seven to secure millenium will soon bring us interesting opportunities
modifications in the world economic order helpful to to make up deficits in democratic governance and
the economic development of newly independent international influence. The politicians cannot afford
nations. to indulge in the luxury of playing games in the
coming weeks and months. A linear programme to
This multi-dimensional effort at nation building teach and operationalize Fundamental Duties will by
was led by the freedom fighters and carried out by
itself make no impact on the nation. Something wider,
thousands of individuals in all walks of life, who were
bigger and deeper is the need of the times.
driven by the national Ethos based on the noble ideals
which inspired the national struggle for freedom. No The maladies which afflict our Polity have their
Handbook was required to teach them their duties origin in the failure over the preceding fifty years to
and motivate them to play their role with diligence provide for educating CITIZENS in democratic
and determination. They did their part, I can testify governance. Our Constitutions has made the
from personal experience, naturally, without showing individual citizen the fundamental unit of the Indian
350 FUNMENTAL DUTIES OF CITIZENS

Polity. He is both the sovereign and subject at the bureaucratisation of its administrative structure., the
same time. His or her ethos, value system and respon sibility for field work must be fu lly
behavioural pattern, while acting in either capacity, decentralized. The practical task of genera ting
as ruler or ruled, inevitably determines the quality awareness of citizenship values and facilitating their
of democractic governance and yet no systematic application at work places is best carried ouit by
effort has been made so far to prepare the CITIZEN citizens themselves thorugh the Department s in
for the discharge of this great responsibility. which they work and the institutions to which tthey
belong.
The hope for improving the quality of governance
and for resolving the myriad problems that confront The task of “operationalizing” citizenship values
us lies in the hands o f the citizens, in their is formidable and complex. There are wide variations
understanding the VALUES they must practise and in the conditions and characteristics of different
the DUTIES they must discharge. The current segements of citizens. The eminent persons ’who
conjuncture of social, economic and forces and the worked on the Handbook found it convenient to divide
disgust aroused by falling ethical standards provide the citizens in eight target groups. They looked at
a timely opportunity to launch a nation-wide Nav the group profile, identified the values particularly
Nirman Movement with the aim of enabling all citizens relevant to each group, discussed their application
to become aware of their rights and responsibilities to live situations, and put forward suggestions; for
under the Consitution and understand their their operationalization. Their work provides a useful
obligations to observe Constitutional values and carry base for initiating action programmes and holding
out Fundamental Duties in their day to day activity. Workshops to evolve implementation strategies.
A responsible citizenery may be expected to develop
In building up good citizens for the future, our
the will and capacity to tackle basic problems at home educational system has a very special responsibility.
and esnure that India occupies its rightful place
They must develop tools and techniques to ensure
abroad.
that the pattern of behaviour expected of a good
There is no dearth of literature from which the citizen gets ingrained into the individual pupil and
Aims and Objects of the proposed Movement may be becomes a natural part of his or her personality.
derived. In his book entitled “Citizens and the NCERT and SCERT have taken initial steps in this
Constitution”. Dr Subhash Kashyap has distilled from regard. They should be mandated to make systematic
the provisions of the Constitution a Charter of some efforts, develop course materials and devise effective
eleven democractic values. Article 51A of the curricular and extra-curricular programmes to secure
Constitution lays down in unambiguous language the that deliberate behaviour modification becomes an
ten duties each citizen is expected to carry out. Your essential ingredient of the educational process. A
Committee’s Interim Report develops several valuable great deal depends on the ingenuity and dedication
concepts in this regard. On the basis of available of teachers. A nation-wide movement to train and
experience, it would not be difficult to prepare a honour teachers in inculcating citizenship values
statement of the Values and Duties which citizens could bring about impressive transformation in the
are expected to observe in their day to day activity. opening decades of the new millentium. Since
Such a statement must derive its authority from the University students consitute the most dynamic and
Constitution. It must also command National progressive component of our body politic, the
Consensus. Since the main OBJECTIVE is to Unviersities could play a crucial role by organizing
transform the mind-sets o f citizens, it will be compulsory as well as optional programmes to enable
appropriate to request the President to inaugurate student participants to become good citizens
the Movement. themselves and learn to discharge their obligations
to the intitutions to which they belong and to the
A few words about the Organization of the community of citizens in general.
proposed Movement may be in order. Its leadership
may be vested in a National Council for Citizenship Elected functionaries and appointed Civil
Development. The Council’s composition must be Servants have a major role to play in the proposed
broad-based so as to reflect the diversity of the Movement. They have the same rights and duties as
nation’s citizenery. the council may elect a ‘small other fellow citizens. If they succeed in observing
Executive Committee to carry out mainly creative, citizenship values while performing their tasks, they
coordinating and catalytic functions. While eschewing would also succeed in securing general improvment
FUJNMENTAL CITIZENSHIP DUTIES : SOME PERCEPTIONS 351

in tthe quality of life, Fortunately they are blessed constitutent bodies should be keen to help media to
witlh an impressive network of training and research respect citizenship values and generate support for
insttitutions whcih can be easily harnessed to develop the Movement.
teaiching modules and organize brain stroming
Citizenship Values as derived from the
Worrkshops in support of the effort to make citizenship
Constitution have a moral quality and an ethical
vahues a living reality. Similarly, the process of
dimension. The OBJECTIVE of the Movement is to
degeneration in the Administration of Justice, can be
ensure that these values become a part of our
reversed if Law Colleges and Bar Associations succeed
National Ethos and govern the conduct of all our
in organizing teaching courses on the application of
citizens. It can best be achieved by the widest possible
comstitutoinal values to practical aspects of judicial
participation of the citizens themselvs in the
procedures and legal practices.
Movement.
A big contribution may be expected from the field
I have taken advantage of your gracious invitation
of Business and Industry. Management schools
to give expression to my thoughts freely. Please forgive
shoiuld be willing to add to their curricula a paper on
me if I have transgressed the boundaries of logic or
the application of constitutional values to the conduct
relevance.
of business. I trust Business Leaders and their
organization will find it profitable to take interest in With very warm regards,
internalising citizenship values and in ensuring that
the ir observance becomes an indispensable Sincerely yours
ingr edient of Business Ethos.
Media weilds immense powr to influence public (Dr K.B. Lall)
opinion and rouse individual consciousness. Its President, CDS
Annexure H

Handbook for Operationalization


of
Citizenship Values under the Constitution
PREFACE

The Citizenship Development Society was founded in 1979. Over the years, the
Society has endeavoured to arouse awareness of the importance of building up
good citizens and organize programmes and activities to promote and foster
Citizenship Values.
1.2 In a message of encouragement received from the President, he has observed
that “Citizenship is a solemn duty which every individual must discharge with due
diligence and dedication. A responsible and vigilant citizenry plays a vital role in
strengthening our democracy and I am glad to learn that the Citizenship
Development Society-, through its various activities, is inculcating citizenship values
among our people”.
1.3 The main thrust of our programmes has been on Value Education to train
school teachers and teacher educators in the techniques and processes of identifying
and inculcating values in their students. We have also convened Seminars and
Workshops to spread the message to Civil Servants and Bank employees and
Sarpanches and Panchayat Officials. Efforts have also been made to persuade
citizens to protect environment and to inform consumers of the ways in which they
can protect their legitimate interest. The Society has established a Centre on
Research & Training in Citizenship Development (CRTC) for designing educational
programmes and developing course materials.
1.4 While the Society has gained valuable experience in generating awareness of
citizenship values and facilitating their application at various work places, the
range and reach of the Society’s activity have been very limited. The current
conjuncture of social, economic and political forces calls for a MOVEMENT which
captures the imagination of masses and motivates all categories of citizens to abide
by the provisions of the Constitution in performing their duties and exercising
their rights.
1.5 We are grateful to Justice Verma Committee for giving us the task of preparing
a Hand-Book to facilitate the Operationalization and Teaching of Fundamental
Duties to our Citizens. We have sought the help of eminent persons with practical
experience to reflect on the problems and interact with $ne another in elaborating
feasible solutions. We found the subject to be vast, complex and challenging. There
was wide variation in the conditions and characteristics of different segments of
citizens. Accordingly it was decided to divide the citizens into eight categories or
target groups. Each category was taken up for detailed work by one or two eminent
persons. They looked at the group profile, considered the importance for its members
of practising specific citizenship values, and evolved some suggestions for training
in the application of Fundamental Duties to their work. Their first drafts were
considered in joint meetings. The final result of their painstaking effort is presented
in the following chapters. It will hopefully provide adequate inputs for
commencement of field work.
1.6 In the First Chapter Mr J.N. Sharma and Dr. K.M. Gupta have addressed the
goal of laying foundation of citizenship values at the primary stage of the educational
ladder. The pedagouges don’t agree about inculsion of citizenship concept in
356

Elementary Education. Now that Elementary Education will soon be made


compulsory throughout the countiy it is essential to consider how best the children
at that level can be helped to imbibe the essence of the values and duties prescribed
in the Constitution.
1.7 The NCERT has already brought out instructional modules on national
symbols and value education. It should not be difficult to give students at primary
level clear understanding of such basic values as cleanliness, punctuality,
truthfulness. They can also be acquainted with the life and work of great leaders
who inspired our freedom struggle. Advantage can be taken of their natural curiosity
to develop their interest in understanding, preserving and protecting the
surrounding environment.
1.8 A few governmental and non-governmental organizations are researching
and developing techniques and methodologies for inculcating values in growing
children. The Research and Development Wing of CDS has made significant
contributions in this regard. A number of practical suggestions for promoting values
through direct and indirect methods have been made by the authors. Through
imaginative activities inside and outside the class room children’s responses and
reflexes can be influenced to be in spontaneous readiness to conform to the
requirements of several provisions of Article 51A.
1.9 A great deal depends on the ingenuity and dedication of teachers. A nation
wide movement to train and honour primary school teachers as builders of future
citizens, if launched with sincerity and purpose, could bring about impressive
transformation in the opening decades of the new millenium.
2.1 In Chapter Two, Dr N.K. Ambasht and Mrs Supta Das have examined the
situation at the Secondary Level of Education. The National Policy of Education
(NPE ) 1986 identified the components of the ‘common core’, and provided the
basic framework and orientation, of school curricula in the country. All educable
duties have been incorporated in school curriculum and explained in the Textbooks.
But curricular instructions and processes have achieved only “imited success” in
inculcating these duties in the personal behaviour of the pupils.
2.2 In the view of the authors, our educational system should provide for such
programmes/activities as ensures that the pattern of behaviour expected of a good
citizen gets ingrained into the individual pupil and becomes a natural part of his/
her personality. Deliberate behaviour modification should be an essential ingredient
of the educational process at the Secondary Level.
2.3 It is imperative that the pupil becomes conscious of both rights and duties
and grows with the understanding that rights without obligations encourage
arrogance and duties without rights give rise to a form of slavery.
2.4 To achieve these goals, a continuous dialogue between policy framers and
educationists has been suggested. The dialogue is expected to consider and
recommend: (a) curricular modifications; (b) changes in assessment procedures
and certification processes and (c) substantive improvements in teacher preparation
programmes.
2.5 In order to increase the effectiveness of the class room instructional process,
a series of very valuable suggestions have been made to expose the students to
stimulus response situations, to note their behaviour and to formulate remedial
action programmes. Different agencies in the educational process are exhorted to
join hands in this creative task.
357

3.1 In Chapter III, Prof. R.B. Jain paints a disturbing and disappointing picture
of the environment in Higher Educational Institutions. He describes the youth in
universities to be biologically adult but socially irresponsible, to be free from familial
control and at the same time united to domestic responsibilities, to be idealistic in
their approach and yet willing victims of exploitation by vested political interests.
He draws attention to heterogenity in the student body, comprising consequent
indiscripline and unrest. The situation requires urgent steps to provide at the
compuses systematic education in democratic citizenship.
3.2 Prof , Jain has traced the origin of the concept of citizenship, enumerated
the citizenship values enshrined in the Constitution, analysed the osmotic
relationship between rights and duties. He has suggested that both compulsory
and optional orientation programmes be organized to spread knowledge about
citizenship values and foster their application to cultural, sports and trade union
activities on the campus.
3.3 For the purpose of taking practical steps, three target groups need to be
addressed. These are students, teachers and administrators. Urgent need to improve
communication between them has been emphasised. It will be useful to identify in
all organised activities, focal points for application of specific Fundamental Duties
and for overseeing and monitoring their implementation. Several interesting
suggestions have been made for organizing extra-curricular activities to provide
opportunities to student participants to learn to discharge their obligations towards
the institutions to which they belong and towards the community of citizens in
general.
3.4 Since University students constitute the most dynamic and progressive
component of citizenry, a series of initiatives must be urgently undertaken to move
their minds in the direction of compliance with Fundamental Duties.
4.1 In the Fourth Chapter Shri J. Veera Raghavan focuses his attention on
democratic governance by People’s Representatives from Panchayats to Parliament.
They have the same rights and duties as other fellow citizens. However, as leaders
and exemplers, their responsibility is much greater. Those who take a specific oath
are bound by its terms to practise and propagate the culture of the Constitution.
The Elected Representatives have a major role in ensuring that Fundamental Duties
become a living reality for the elite as also for our masses.
4.2 In particular, the candidates seeking the mandate of the people must eschew
arousing sectarian passions and take all practical steps to promote national unity
and integrity. It is their duty to propagate the noble ideals which inspired the
struggle for freedom, to sustain self-reliance, foster scientific temper, recognize
merit and stimulate the urge towards excellence. Their success depends on
productive service to their constituency and not on distributing public revenues in
an unproductive fashion.
4.3 While taking proper action to secure redressal of grievances, Elected
Representatives should refrain from interfering in the functioning of governmental
and non-governmental institutions. They should observe the laws themselves and
help law enforcing agencies in dealing with law breakers. They should adhere to
their DHARMA which is a compound of selflessness, integrity, objectivity,
accountability, openness, honesty and leadership.
4.4 It should be the endeavour of Elected Representatives to organize/strengthen
a network of activities to gather support for small families, to protect and improve
natural environment, to safeguard public property and abjure violence.
358

4.5 The environment in which Elected Representatives function is full of


contradictions and complexities. They can lead the country to genuine progress
through balance and moderation. They must always strive to act in the larger
interests of the country and in accordance with their conscience.
4.6 Orientation Programmes are being organized for new Members of Parliament.
Similar programmes have been instituted at the level of State Legislatures. Training
Courses have also been devised for the benefit of the Elected Representatives serving
Municipal and Panchayati Raj Institutions. These programmes need to be
strengthened to provide an adequate measure of understanding of Fundamental
Duties and their application to the work of Elected Representatives.
5.1 In Chapter Five Mr S.B. Lai directs his attention to Public Servants. He puts
their strength at two crores. They play a crucial role in national life. They undertake
a wide range of tasks including maintenance of law and order, enforcement of
socially beneficial regulations, implementation of development programmes and
ensuring a level playing field. They are catalytic agents of change and their activities
affect the lives of citizens in a variety of ways. If they sincerely apply the quintessence
of Fundamental Duties to the performance of their appointed tasks, they would
not only serve as worthy examples for fellow citizens but also succeed in bringing
about immense improvement in the quality of their lives.
5.2 Fortunately adequate arrangements exists for the training of different
categories of Civil Servants. Mr Lai has drawn up broad outlines of a MODEL
MODULE to be adopted for inclusion in the Courses of different Training Institutions
for teaching the trainees Fundamental Duties and Values as enshrined in the
Constitution and for helping them to mould their behaviour accordingly. The duty
cast on Civil Servants to strive towards excellence will enable them to attain higher
ethical standards and make up the deficits in several areas of democratic
governance.
5.3 Every Public Servant should be administered a pledge to abide by the
provisions of the Constitution and carry out fully the Fundamental Duties prescribed
therein. It is suggested that suitable systems and procedures be instituted in all
Departments to ensure that the pledge is implemented, all administrative activity is
transparent and accountable, and corrupt practices are effectively eliminated.
6.1 In Chapter six, Shri K.V. Viswanathan looks closely and critically at the
Administration of Justice. Although he finds the prevailing system to be sound
and time tested, he fears it is deteriorating fast. It has been, he feels, corrupted
and abused, even by those who are primarily responsible for its efficacy and probity.
Inadequate commitment on the part of the citizenry to perform Fundamental Duties
is largely to be blamed for this sorry state of affairs. In his view, the process of its
degeneration can be reversed if CITIZENS become aware of the importance of
complying with the Ten Commandments’ in Article 51A of the Constitution. The
Supreme Court has set the trend in adopting the Fundamental Duties as yardsticks
for testing the correctness of laws and of actions by those who administers them.
6.2 Target Groups for spreading the above message have been identified. Detailed
steps which may be advantagiously taken by teachers and students in Law Colleges
have been spelt out. Bar Councils and their affiliated Bar Associations must share
the responsibility for ensuring that their members not only appreciate the value of
complying with Fundamental Duties but also strive to implement them while
pursuing their professional work.
6.3 It has been suggested that a Judicial Academy should be set up to provide
facilities for continuing education of Judges, to focus their attention on
359

Constitutional values and Fundamental Duties, to foster constructive interaction


between the Bar and the Bench and to facilitate application of modern techniques
of management to the transaction of judicial business in the Courts.
7.1 In Chapter Seven Prof. Brij Mohan and Dr D.N. Saxena bring into focus the
r o le o f th e b u s i n e s s a n d I n d u s t r y S e c t o r in o p e r a t i o n a l i z i n g F u n d a m e n t a l D u t i e s .
This Sector accounts for more than fifty percent of the Net Domestic Product.
While it is a part of the social system it contributes to the value base of the social
order. When it has a long term perspective, it adopts upright practices. When it
concentrates on maximising short term gains, it cuts corners and gets entrapped
in unethical conduct.
7.2 Business carries out its gainful operations under the umbrella of Fundamental
Rights guaranteed in the Constitution. It has the corresponding obligation to perform
the duties, both implicit and explicit, enjoined by the Constitution. However, in
discharging social responsibilities only, a small percentage of the Business
Community has undertaken social welfare and development programmes. Important
Chambers of Commerce and Industry Associations have taken initiative for
formulating norms of ethical conduct for business dealings. But the action taken
to secure compliance with the codes leaves much to be desired.
7.3 This sad state of affairs is due to the low level of public awareness of the
duties the citizens owe to the State, the society and the fellow citizens. As far back
as 1987, the Citizenship Development Society drew attention to this aspect in the
Bangalore Declaration adopted by the National Seminar held in collaboration with
the Gokhale Institute of Public Affairs. In his book ‘Citizens and the Constitution’,
Dr Kashyap has discussed in depth the basic values embedded in the Preamble
and parts III and IV of the Constitution, as also the Ten Fundamental Duties
prescribed in its Article 51A. These together with other publications by CDS provide
inputs for a systematic campaign to spread knowledge and understanding by
Businessman and Business entitles of their Constitutional obligations.
7.4 Business Leaders, Business Organisations and Management Schools have
vital roles to play in internalising basic values, in widening financial and technical
support for community development programmes, and in ensuring that ethical
codes become indispensable ingredients of Business Ethos. If in the strategy of
operationalising Fundamental Duties, priority is accorded to achieving excellence
in all individual and collective activity, to nurturing the scientific temper and
imbibing the spirit of enquiry and reform the national economy, will soon scale
new heights.
8.1 In Chapter eight Mr Prem Kumar makes out a strong case for Value Based
Media. The traditional role ascribed to media which includes television and radio
is to inform, educate and entertain the people. It weilds immense power to influence
public opinion and rouse individual consciousness. Like all forces this power can
be used for both constructive and destructive purposes.
8.2 Media derives its prowess from Article 19(1) of the Constitution which
guarantees to all citizens the right to freedom of speech and expression. Although
most of the media is in private hands, it is performing vital public functions.
8.3 Media’s right to freedom is subject to reasonable restrictions on the grounds
set out in Articles 19(2) and (6) of the Constitution. It has also the corresponding
duty to refrain from trenching on the rights of other citizens or jeopardising public
interest. A statutory Press Council of India has been established with the object of
preserving freedom of the Press and overseeing proper professional conduct by
360

those engaged in the profession of journalism. There are guidelines and codes of
conduct for those engaged in other media functions. These codes serve to curb
negative tendencies in the Media.
8.4 However, the media seems to be unaware of the Fundamental Duties laid
down in Article 15A or the VALUES enshrined in the Preamble and Articles 36 to
51 of the Constitution. It is the duty of those engaged in Media to repair this
omission urgently. These Duties and Values are as binding on Media as on all
other citizens. Media’s constituent bodies should consider and adopt ways to
implement Fundamental Duties in the course of their operations.
8.5 Media also has broader social obligations. It can use its facilities to pursue
the positive purpose of explaining to fellow citizens the true intent of each of the
Fundamental Duties and assisting them in mobilizing and monitoring their
endeavours to give practical effect to the values enshrined in the Constitution.
9.1 There is no provision in the Constitution for the enforcement of Fundamental
Duties. And yet without compliance with Duties, Fundamental Rights cannot be
enjoyed. Duties are inseparable from Rights. Neither can be taught in isolation.
The two together constitute Citizenship Values on which rests the well-being of our
democratic polity.
9.2 These values have a moral quality and an ethical dimension. It is imperative
to make them a part of our being, individual and collective, to ensure that they
regulate our behaviour and govern our conduct. In obedience to the mandate from
the Justice Verma Committee, earnest efforts have been made to identify the values
relative to each area of study, to propose ways for diseminating their knowledge, to
discuss their application to live situations and to put forward suggestions for
overseeing their operationalization. The outcome of these efforts is submitted as a
first step to provide a launching pad for a nation wide MOVEMENT to comprehend
the full import of Fundamental Rights and Duties, to initiate action programmes
to transform mind sets prevailing in different walks of life and enable all our
CITIZENS to realize their full potential.
9.3 The Citizenship Development Society will feel privileged if it is given an
opportunity to play an appropriate role in this Movement.

K.B. L a ll
P r e s id e n t
2.8.1999 Citizenship Development Society
Contents

Preface 355-359

Chapter I 363-368

Chapter II 369-372

Chapter III 373-380

Chapter IV 381-385

Chapter V 386-391

Chapter VI 392-398

Chapter VII 399-409

Chapter VIII 410-419

Annexure I to IV 420-425
1
Elementary Education:
Foundation of Citizenship Values

J.N. Sharma & Dr K.M. Gupta

W e are at present faced with the challenge of as given in article 51A. Though we may believe in
breakdown of human values that threaten the equality but it is not reflected in our behaviour. The
stability of our society. It is strange and even tragic National Policy on Education 1986 as modified in
that 50 years after the independence we should still 1992 clearly accepted the phenomena “We are
be discussing the place of values in our education conscious that India’s political and social life is
system. The consolation is that we have atleast begun passing through a phase which the damage of erosion
giving attention to this important subject and the of long accepted values. The goals of secularism,
National Policy on Education (NPE) 1986 has also socialism democracy and professional ethics are
laid great emphasis on this issue. The basic aim of coming under increasing strain.
education is to produce men of knowledge as well as
1.3 The facility for teaching about the
culture. There is always the danger of conveying
Constitution of India is almost non-existent at
knowledge in vacuum. Divorced from life, education
elementary level. The pedagogues do not agree about
will only become the means of mechanically conveying
inclusion of citizenship concept at the primary school
inert ideas.
level. The child has not attained the operational stage
1.2 The nation has made tremendous progress of Piaget when he is in primary school. But if we see
in all walks of life. The country has strived to achieve the ground reality a child is a keen witness to the
the goal of universalization of elementary education. interaction between parents. The mass media Is
In the directive principles of State Policy of Indian continuously influencing a child. He watches regular
Constitution a commitment is reflected under article and irregular behaviour of politician. During this
45. The number of primary schools increased from rocess he develops an understanding of the concepts
2.10 lakh in 1951 to 7.36 lakh in 1986 to 8.22 lakhs like citizenship, equality, etc. But what is missing in
in 1993. Similarly, the number of upper primary the whole process is an Indian citizen or Bhartiya
schools increased from 13600 in 1951 to 1.36 lakhs Nagrik.
in 1986 to 1.62 lakhs in 1993. The facilities for
primary education are available to a large extent to What does our Constitution Say?
all children of the country. Out of the total inhabitated
village 5,86,365 in the country more than 93% of 1.4 The Preamble of our Constitution is a source
them have facilities for primary education. The of values. It is being reproduced here to understand
number of primary teachers in the country in primary the fundamental principles embodied in it. It states-
schools increased from 14,92,721 in 1986 to “WE, THE PEOPLE OF INDIA, having solemnly
16,23,379 in 1993. But we are yet not able to achieve
resolved to constitute India into a SOVEREIGN
the goal of universalization of elementary education
SOCIALIST SECULAR DEMOCRATIC
as envisaged in the Indian Constitution in 1950.
REPUBLIC and to secure to all its citizens:
Similarly, we are yet not able to educate our children
in the provisions related with the Fundamental Duties JUSTICE, Social, Economic and Political;
364 FUNDAMENTAL DUTIES OF CITIZEfNS

LIBERTY of thought, expression, belief, faith the National Anthem are the symbols of our unity. A
and worship; citizen worthy of his name, is expected to show due
respect to the Flag. He should show similar respect
EQUALITY of status and of opportunity; and
to the National Anthem by standing up when iit is
to promote among them all
sung or played. It is our duty not only to respect
FRATERNITY assuring the dignity of the these symbols but also to defend their honiour
individual and unity and integrity of the Nation; whenever there is a threat because they are also
symbols of National Sovereignty. Defending oine’s
IN OUR CONSTITUENT ASSEMBLY this
country and dying for it is a sacred and honourable
twenty-sixth day of November, 1949, do
duty. These ideas should be imposed in the mined of
HEREBY ADOPT, ENACT AND GIVE TO
young children at the elementary level.
OURSELVES THIS CONSTITUTION"
“When the National Anthem is played, every
1.5 There is no provision for teaching of Indian
one should stand up and should not move e-ven
Constitution either at the teacher training institutions
an inch.
or in the school curriculum. Even specific provisions
related with the Fundamental Duties are not referred One should know the meaning of National
in our curriculum. A preliminary knowledge about Anthem and should be able to sing correcttly .
our National Flag, National Anthem and National Children should be able sing in group withiout
Emblem is given in the curriculum at primary school any mistake and should be able to sing in tume.”
level. The NCERT in its Programme o f Mass
Similar respect should be shown to the National
Orientation for School Teachers ( PMOST) included
Flag. Children should know the sequence of colour
self-instructional modules on our national symbols
of the Indian Flag, i.e. orange at the top, white in the
(NCERT 1998). Similarly a module of value education
center and green at the bottom. On several occasions,
is included in self-instructional package for Special
it has been seen that the Flag has been hoisted upside
Orientation Programme for Primary Teachers (NCERT
down. Similarly the National Flag is always be hoisted
1995). These efforts have generated awareness among
in the day time only and not at night. It should neither
the teaching community. The Fundamental Duties
be spread on the floor nor a torn flag be hoisted.
enshrined in our Constitution under Article 51A are
being discussed from the point of view of its Each individual is expected to be governed by
implication for the teachers. the values and ideals given in our constitution- At
the school level a teacher is expected to develop
1.6 As teachers of elementary level, it is our
awareness among the children about the preamble
responsibility to practise the value enshrined in the
and the national level institutions, the National Flag
Indian Constitution. In day-to-day functioning of
and the National Anthem. In the morning assembly
school, we should promote various ideas contained
the recitation of National Anthem should be
under Article 51A of the Fundamental Duties. As a
compulsory on each day.
citizen, we are proposed to carry out the above
Fundamental Duties prescribed in the Constitution. 1.8 NPE 1986 visualised the national system of
At primary level, the child is very young and he may education based on National Curriculum Framework
not be in a position to understand the various items/ which contains a common core alongwith other
in the Fundamental Duties stated under Article 51A. components that are flexible. The common core
However, the first one — to abide by the Constitution will include the, history of India’s freedom struggle
and respect its ideals and the National Flag and the and other content essential to nurture national
National Anthem is important. Children should be identity.
made aware of the country’s statutes and also its
It should be the duty of every citizen to cherish
two important symbols, i.e. National Flag and the
and follow the noble ideals which inspired our
National Anthem.
national struggle for freedom. It should be the duty
of the teacher to identify the person or persons who
NATIONAL IDENTITY participated in the freedom struggle and discuss the
event with the students to develop a sense of pride
1.7 Besides the Constitution, National Flag and among them.
HiANDBOOK FOR OPERATIONLIZATION OF CITIZENSHIP VALUES UNDER THE CONTSTITUTION 365

Identification of Values at promotion at the elementary level particularly keeping


Eliementary School Level in view the a§ e SrouP o f children and their
understanding of the values together with the
l.£9 Following values have been identified for suggestive activities:

Values Activities
1. Cleanliness & Hygiene 1. Checking the personal cleanliness of the students from time to time.
2. Involving the children in cleaning the class room and the surroundings.
3. Encouraging good eating habits in school and at home
2. Respect of parents, 1. When a teacher enters the class, the children will stand
teachers and elders. and greet the teacher
2. Stand at place while talking to the elders
3. Truthfulness Telling stories about the necessity of truthfulness
4. Obedience 1. Observing the students in or outside the class room
2. Explaining the rules and regulations of the School Society etc. through
pictures and charts
5. Inquisitiveness 1. Encouraging the children to do simple experiments
2. Allow them to observe things and draw conclusions.
6. Punctuality Encourage the punctuality
7. Consideration and helpful Service to others and God
attitude towards others
8. Self- help Realization of the pleasure achieved when one helps others through
role playing
9. Self-Confidence Training them for assembly programme, CCA, programmes, academic
competition games and sports etc.
IQ. Leadership 1. Giving responsibilities like maintaining discipline, games etc.
2. Make the children participate in group singing, discussions etc.
3. Telling the stories of national leaders
1. 10 As a child grows and reaches Class IV or V we may acquaint him with the life and works of great
le;aders who inspired in our freedom as defined under Article 51A (IV). Similarly, a child must be made
aware of the environment surrounding him. A child must be made to understand all the important areas of
emvironment like :

• Awareness of environment growing of the plants. In the national curriculum


• Protection of environment framework for elementary education environmental
• Preservation of environment studies Eire a part of the school education curriculum.
Therefore, the children get a good amount of knowledge
It shall be the duty of every citizen of India to protect about the environment.
amd improve the National Environment including
forests, lakes, wild life and to have compassion for living A teacher has to ensure that children develop a
cireatures. It was envisaged in the basic education that habit of protecting the environment. For example
a school needs to have a garden. The children are under the normal circumstances a child should not
e>xpected to familiarise themselves with the process of pluck leaves of plants.
366 FUNDAMENTAL DUTIES OF CITIZENMS

Perhaps visits to Gardens, Zoo or Wild Life Parks the teacher to ensure that he makes it interesting ' by
would be very useful. Can we identify the values story telling, singing or creating a situation interestiing
hidden in the Fundamental Duties, Compare and joyful. Similarly, in social science the teachher
Fundamental Duties and core component of national should promote values and ideals of humanissm,
curriculum of elementaiy education. secularism, socialism and democracy. While teachiing
science subjects, developing scientific attitude is tthe
Inculcation of Values main aim and varieties of human values can also >be
developed simultaneously.
1.11 In the school equal respect is to be provided
to both — a male and a female child. Display of anger In the indirect method, values could Ibe
or loss of temper should be avoided in the classroom. promoted incidentally through/staging dramia,
Needless to say that the biases reflected in the music etc., a child may find strange that tlhe
curriculum and textbooks are to be removed on values learnt at school, whether by direct or Iby
priority basis. Wherever possible the examples of indirect methods, are some times violated Iby
women are to be quoted in our books alongwith men. elders at home. This may create a bad impressiaon
The traditional roles of women are to be shared with on the mind of the child which can be cleared Iby
the men. the teacher only.
1.12 Following additional five steps have been
identified for inculcation of values through school Value Education Through
programme. Co-curricular Activities
1. Knowing The child must be made aware of 1.14 The basic aim of fostering values amoing
the values through activities/ children is to get self-confidence, self satisfacticon
programmes. and self-realization. This can be adopted through
2. Believing morning assembly, discussions and throujgh
The child must develop faith in
those values. debates etc.

3. Making The values could be promoted by integrating


The child must be provided con­
school programmes with co-curricular and othier
judgment flicting situations to judge the such activities of the school like the ones givten
implications of related values. below:
4. Action The child may be encouraged to M o rn in g A s s e m b ly : It leads to punctuality,
practice these values in actual life conducting orderly to assembly, maintainiing
situations. silence and through meditation and Yoga.
5. Spontaneous Various programmes of schools P ray er : It gives peace of mind and self medli-
Action must take the child to that stage tation.
where the practice of values may Programmes : Pledge, loyalty to the nation, Thougjht
become spontaneous. for the day and nationality and peace, story tellinig,
group songs etc.
Value Education through Cultural Activities: Group songs, folk dance, shadow
Curricular Activities play, one act play, fancy dress etc.
1.13 Values could be promoted through direct or G a m e s - S p o rts : Celebrating Republic Da.y,
Indirect methods. Dussehra, Christmas Day etc.
In the direct methods we may use related material
in the class room and other activities like prayers, Minimum Programme of Action
songs and stories etc. This could be achieved by direct
for the School
methods. Values in the class room should be linked
up with the subjects like language, social science or 1.15 At the beginning of the academic year, tlhe
natural sciences etc. Some times it is seen that a teachers may be given an orientation of the aims and
students don’t like a particular language but it is for objective of value education.
HXANDBOOK FOR OPERATIONLIZATION OF CITIZENSHIP VALUES UNDER THE CONTSTITUTION 367

Mourning Assembly - We should include prayer, talks (e) an understanding that views which seek to
by teachers, patriotic songs etc. attribute a rigid monolithic uniformity to Indian
culture or present Indian culture as something
Parrticipation in Cultural Activities - dance, drama,
static or the exclusive creation of any particular
mujsic etc.
region, community or period of history are
Soicial service camps - visits and excursions to inimical to the objective of promoting harmony
reltevant places and the spirit of common brotherhood amongst
all the people of India.
Gcumes, sports meets at school - regional and national
levrel 1.17 In teaching Social Science at Primary school
level the curriculum and textbooks should introduce
Scthool should celebrate - National Days, Annual
pupils to the way of living, religious beliefs, cultural
Fesstivals
patterns and customs of the people of India in
Exl-hibitions - on the history of freedom movement different parts of the country. The main objective of
shcould be held in the school teaching at this level of education is to enable the
pupils appreciate cultural and ethnic similarities and
Crcajt activities - should be arranged for the young
differences and develop norms and behaviour
chiildren
consistent with values like respect for others, different
Pictures and charts - with short biographical notes religions and ways of life and concern for others.
of fgreatmen of the country should be put-up in the
The pupils should understand rich cultural
clatss rooms and in the corridors.
heritage which is essentially the result of the mixture
1.116 Article 51A (e) relates to promote harmony of many groups and peoples.
ancd the spirit of common brotherhood amongst all
the; people of India transcending religious, linguistic Values in the Class Room
ancd regional or sectional diversities, to renounce
praictices derogatory to the dignity of women, 1.18 Looking to the class room situation, it is
essential to develop following values under the
Artticle 51A (f) relates to value and preserve the rich
guidance of a teacher who is a role model.
herritage of our composite culture......
Good Manners : Amicable settlement of disputes
These two clauses are closely related to the basic
and polite interaction. Identifying lessons connected
priinciples and ideals enshrined in the Constitution
with these values, read & discuss. Role-play or
expressed in the Preamble as well as in other parts
dramatization of such incidents.
oftthe Constitution, particularly Fundamental Rights,
ancd to the characteristic features of Indian culture Sharing : Children should be encouraged to share
mairked by variety and diversity and of Indian their books, notebooks, help their class fellows in
nationhood. These clauses require that the school classwork/homework. Donate books and toys for
currriculum should help promote : handicapped and deprived children.
(a) an understanding that the people of India are H elpfulness : Famous quotations and lives of
composed of many diverse ethnic, cultural, greatmen may be highlighted.
religious and linguistic groups,
Co-operation : Emphasis should be on building up
(b) an appreciation of this diversity as the essential patience and tolerance. Learn to get along with
condition for promoting harmony and the spirit everyone in class, i.e. making new friends.
of common brother-hood amongst all the people
of India; Caring f o r p ets and p la n ts : Reading stories,
rhymes, poems on animals & plants especially on
(c) knowledge of the status of women in Indian loyalty of pets.
society and the understanding that every practice
which is derogatory to the dignity of women and Punctuality: Discussion of lesson highlighting these
is repugnant to any civilized society is to be values thus creating an awareness.
rejected.
C le a n lin e s s : Laying emphasis on personal
(d) the knowledge, understanding and appreciation cleanliness, Uniform, general hygiene (body parts).
of the composite nature of Indian culture and Keeping the classroom in order, neat and tidy.
368 FUNDAMENTAL DUTIES OF CITIZENMS

Role of Teachers the moral of the story and rather the teacher’s rrole
been made indispensible. He should necessarily' be
1.19 As a member of the teaching community they
not only a good educator but a good persson
themselves promote harmony and brotherhood. The
possessing basic moral aesthetic values. The teacheer’s
teachers at the elementary level always reflect in their
influence is not confined to what he teaches in ithe
behaviour the common brotherhood.
classroom, in reality he teaches all the time. Hee is
In the classroom also a teacher is expected to constantly watched by thousands of eyes; the w a y
promote the harmony and the spirit of common he walks and talks; conducts himself inside aind
brotherhood among their students. outside the classroom; the company he keeps; his
It is noteworthy that the role of teachers during habits of thinking and studying; the way he tre;ats
the next decades not only in the context of providing his family and colleagues and all that he doess is
the dimension of values in our system of education watched. Teacher lives in a glass house; he has harrdly
but also in the context of providing more effective any private life. The teacher thus provides modells -
methods of education. Passage of time has not altered good or bad - of behaviour for his pupils.
Secondary Education

Dr N.K. DAmbasht 81 Mrs Supta Das

Indlia ’s history is an epitome of human values which though with limited success, to inculcate the duties
enjoined on the society certain duties as a pre­ into the personal behaviours of its pupils through
condition of rights. Not only did it prescribe a set of curricular instructions and processes. Duties are also
dutties for the different segments of the society but intrinsically intertwined with values and the two go
alsco during the period of education, these duties were together. The adoption of the National Policy on
inteernalized as a natural behaviour pattern. Education (NPE) 1986 by the Parliament is a major
Unfortunately, with the passage of time the entire landmark in this respect. It identified the components
eduication system has become predominantly of the ‘common core’ which may be said to be
conicerned with ‘information transmission’ and the providing the basic value framework and orientation
deliiberate behaviour modification process started of school curriculum in India. The National Policy’86
takiing a back seat. which was adopted ten years after the incorporation
of Fundamental Duties in the Constitution of India
2.2 In the modern democratic society a set of reflected almost each and every element mentioned
dutties become intrinsic to the sustenance of such a in the Fundamental Duties.
socnety. In fact these duties become a natural
behiaviour pattern of the individual and thereby of 2.4 The ‘common core’, the NPE-1986 stated, “will
the entire citizenry. Today’s child is future citizen of include the history of India’s freedom movement, the
the country. It is imperative to instill in the child constitutional obligations and other content essential
certtain duties as a pre-condition of rights. The child to nurture national identity.’ The Policy further laid
nee*ds to grow into a better citizen with the firm down the following components of the ‘common core’:
uncderstanding that rights without obligations These elements will cut across subject areas and
enc;ourage arrogance and selfishness and duties will be designed to promote values such as India’s
witlhout rights give rise to slavery. Therefore, it is common cultured heritage, egalitarianism, democracy
esstential to be conscious of both rights as well as and secularism, equality of the sexes, protection of
dutties. In order to achieve this end it becomes the environment, removal o f social barriers,
imperative that our institutions which nurture the observance of the small family norm and inculcation
futmre generations, namely the schools, should have of the scientific temper. All educational programmes
thetse as a deliberate input in their scheme of things will be carried on in strict conformity with secular
so a s to train the future generations in a democratic values.’
sociiety, as responsible citizens. The role of schools The present school curriculum has taken care to
hawe also been receding in this context with the incorporate the ‘copimon core’ in the syllabus. To be
on slau gh t o f various media and information more precise the school curriculum has integrated
technology and yet they still remain the most potent duties connected with values of Independence,
souirce for such an input. Constitutional Obligation, Unity in Diversity,
2.3 Behaviour patterns as set of internalized Composite Culture of India, Equality, Democracy,
Stimulus response behaviour are the ultimate Gender Equality, Conservation of Environment, Small
mamifestations of duties. Schools have been trying. Family Norms, Scientific Temper, etc.
370 FUNDAMENTAL DUTIES OF CITIZEENS

2.5 The Constitution of India has under Article a natural part of the personality.
51A enumerated the following Fundamental Duties. 2.7 A basic question that can be asked is ‘Are
It shall be the duty of every citizen of India — our schools with all the textbooks and curriccular
materials producing such citizens?’ The answeer is
(a) To abide by the Constitution and respect its ideals obviously a big No. Then what interventions ; are
and institutions, the National Flag and the required to be made ?
National Anthem.
2.8 One might like to attempt an answer on l two
(b) To cherish and follow the noble ideals which scores. One, what kind of modifications can be mnade
inspired our national struggle for freedom. in the curriculum, particularly the transactitional
(c) To uphold and protect the sovereignty, unity and process to make the already existing curriccular
integrity oflndia. materials more effective so as to maximize : the
internalization of learning into the innate behaWiour
(d) To defend the country and render national service pattern of the learner and what shall be the procecdure
when called upon to do so. of assessing or evaluating? Is our examination sysstem
(e) To promote harmony and the spirit of common so designed to make an assessment of such absttract
brotherhood amongst all the people of India personality traits? If not what modification and
transcending religious, linguistic and regional or weightage is required to be given to these aspecCts of
sectional diversities; to renounce practices dero­ personal behaviour including adherencee to
gatory to the dignity of women. Fundamental Duties ? Two, emanating from thhese
questions is related as to what kind of teaccher
(f) To value and preserve the rich heritage of our preparation programmes should be enforced to bouild
composite culture. the capacity of the teacher to be able to transact thhese
(g) To protect and improve the national environment programmes in the school as to achieve the endds as
including forests, lakes, rivers, wild life and to envisaged and as is imperatie of the Fundameental
have compassion for living creatures. Duties. The teachers’ role is important. His//her
imagination and preparation, leadership and
(h) To develop the scientific temper, humanism and encouragement, the teachers insight into the naeeds
spirit of inquiry and reform. and lim itations of their pupils, the teacfhers
(i) To safeguard public property and to abjure thorough knowledge of the community alone can i take
violence. teaching from the classroom and the textbookss out
into the midst of the community making it a real
(j) To strive towards excellence in all the spheres of laboratory of learning. Such commitments can i only
individual and collective activity so that the measure the success of teacher p rep a ra tio n
nation constantly rises to higher levels of programmes.
endeavour and achievement.
2.9 The teacher has to guide/m otivate: the
2.6 It will be seen that almost all educable duties students to carry out meaningful activities and
are incorporated in the school curriculum. At the projects. A few sample of activities as listed boelow
same time it will be also seen that the Fundamental may help the teacher to reach the desired goal..
Duties include such items of behaviour which are to
be made innate into the personality of the citizens
Activities/Projects
and in many cases it cannot be enforced by law. For
instance, if one does not develop scientific temper, (i) Students may discuss and adopt the
or cherish and follow the ‘noble ideals which inspired constitution of the Students Council as they
our national struggle for freedom’, One cannot be study the Indian Constitution;
sued in the court of law for not doing ones enjoined
(ii) The voting procedure and election rules meay be
Fundamental Duty. How shall it be decided as to what
studied during the time of any local elecction
were the noble ideas? And how would one prove that
in collaboration with election officials;
one does or does not cherish these? Here it becomes
important that education as a system in general and (iii) Through classroom discussions the teacherr may
schools in particular have such activities/ try to encourage his/her students to tEake a
programmes that the expected pattern of behaviour responsible stand on current issues and
get ingrained into the individual citizen and become problems like environment pollutions, etcc.'
^HANDBOOK FOR OPERATIONLIZATION OF CITIZENSHIP VALUES UNDER THE CONTSTITUTION 371

(iw) The students may be helped to organize blood institution. Citizenship values should be
donation camps, fund raising camps or any understood by all concerned as a combination
similar kind of national service in times of war, of rights and duties. Appropriate steps in this
aggression or war like situation; regard need to be initiated through the
educational process to achieve the desired
v) Wherever possible the students themselves may
results in the long run.
organize certain programmes like assembly,
social gatherings and athletic meets in their (xv) Creating more awareness of the Fundamental
schools; Duties in citizens through advocacy and
sensitization programmes is the prime need of
(vii) Students may be asked to plan a programme to
the time. The Preamble to the Constitution of
improve students behaviour in reading rooms/
India and the 10 clauses of Article 51A relating
library, canteen, assembly etc.;
to Fundamental Duties could be appropriately
(viii) Students may be encouraged to invite freedom displayed on all government publications,
fighters if any, in the city or in the village nearby, diaries, calendars, and at public places, etc. so
organize a discussion about India’s freedom that they always remain in the focus of the
struggle; citizens. This should be done in all Indian
languages in the States/UTs.
(viiii) Since historical monuments are rare and
irreplaceable part of the national heritage the (xvi) Preamble to the Constitution of India and the
students may be encouraged to chalk out a ten clauses of Article 51A of the Constitution
programme to maintain and preserve historical regarding Fundamental Duties be printed, in
monuments nearby; all the schools textbooks, supplementary
materials and general publications brought out
(ixc) Students may be encouraged to focus the
by the NCERT. ( Instructions to this effect have
attention of people and authorities of their
already been issued by the NCERT). The State
locality on any steps to be taken to improve the
Governments will now be requested for a similar
services in their school or out side;
action on school textbooks brought out by
(x)) Films such as Haqqikat, Gandhi, Sardar may States.
be shown to students and hold discussions;
(xvii) The intent of each clause of Article 5 1A could
(xii) The students may be asked to prepare a list of be a subject of brief presentation in all morning
public buildings and monuments of their assemblies in the schools, and the teacher
locality or town and locate them on a sketch education institutions by the Head of the
map; Institution or some senior member of the staff,
highlighting the need of internalizing the
(xiii) The students may be encouraged to prepare a
values inherent in the Fundamental Duties.
short questionnaire and conduct opinion poll
Such presentation could continue throughout
to ascertain the views of local people on the
the academic session covering all aspects
performance of the democratic bodies at the
underlying the clauses.
grassroot i.e., the local bodies of their place;
(xviii) Seminars, debates, competitions on different
(xiiii) In order to develop a scientific outlook the
aspects of Article 51A could be made a regular
teachers should :
feature of the co-curricular programmes of the
(a) discuss the influence of physical schools, colleges and universities.
conditions on food, dress, customs, art and
(xix) A sensitization module based on Fundamental
architecture.
Duties be made an integral part of all in service
(b) encourage students to collect conflicting teacher education programmes organized by
reports on an issue and look for the national, state and district level institutions.
truth. Fundamental Duties could be included in the
Foundation Course in Teacher Education
(xiiv) There is a need for a fundam’e ntal
Curriculum.
transformation in the direction and approach
to the curricula for teaching Fundamental (xx) Developm ent of radio and video spots
Duties in schools and teacher education highlighting important messages emanating
372 FUNDAMENTAL DUTIES OF CITIZENMS

from the clauses of A rticle 51 A, in the innovative presentation of n a tio n a lly


background of proper music and national important messages.
flag to be done in all regional languages by
All India Radio. Doordarshan and other (xxi) January 3 (the date on which Article 51A caime
DD channels through the involvement of into force) be observed as Fundamental Dutties
such media persons as are known for Day.
3
Citizenship Development and Higher Education

Prof. R.B. Jain

CrmzENSHip is the lifeline of a civilized society. It is they are based on the principle of the right of the
ceintral to the socio-economic development of the citizens to elect their government. Though, owing to
Intdividual, society and nation. But what is meant by the large size of the state it is not possible for each
cittizenship? W hat are the elem ents of good and every individual to participate directly in the
cittlzenship, and how can good be achieved? It is really functioning of the government. However, there is an
ve>ry difficult to answer these questions because the indirect participation.
concept of citizenship varies with the cultural
3.3 The conception of citizenship has been
baackground and the stages of economic and social
broadening, with the passage of time and onward
development of the society. However, there are certain
march of democracy. In Ancient Greece and Rome
eleements, which are common to the good citizenship
and in medieval times, a citizen was an inhabitant of
ini all circumstances, obligation, responsibility and
a city, who enjoyed its ‘freedom’ or was admitted to
dmty. A good citizen should not merely treat the state
its special privileges. The number of these citizens
ass an institution from which he derives rights, and
was invariably much smaller than those of non-citizen
buit also which has corresponding duties. In this
residents —slaves, serfs, and others who were
paaper, it is attempted to understand the concept of
without leisure, and all members of the fair sex were
gcood citizenship and the values underlying the
excluded from the category of citizens. In modern
cooncept, with the objective of suggesting some
times a citizen is a member of state who possesses
prractical steps to enforce it in the realsm of higher
‘Rights’, which are regarded by society as necessary
ecducation in India. But it would not be out of place
for his development, except for a very small number
flrrst to understand the concept of citizenship.
of aliens, insane and morally deprived persons or
criminals who may have some limitations as to the
Cvomcept of Citizenship quantum of their rights. Humanity has advanced to
the extent of having a Universal Declaration of Human
3..2 The roots of the concept of citizenship may
Rights adopted by the General Assembly of the United
bte traced to the days of the ancient city-state of
Nations on 10 December 1948. Thus the possession
Atthens. During those days, the inhabitants of Athens
of ‘Rights’ has been regarded as an essential
Wrere divided into two categories —citizens and slaves.
characteristic of Citizenship in all ages and climes.
W/hile citizens enjoyed all rights —civil and political,
thne slaves had no rights. These rights enabled the 3.4 The concept of citizenship today has become
Atthenian citizens to take an effective share in the more positive, constructive and comprehensive. The
gcovernment of the state. The situation was not very concept presupposes the possession of full political
diifferent in ancient Rome or in the European medieval rights by the individual. In other words, a citizen is a
firee cities — except that in medieval Europe the place person who possesses not only civil rights such as
off slaves was taken by the serfs. It was only after the the right to life, personal freedom, property contract
Firench Revolution that the conception of citizenship etc. but also political, the right to vote, contest
w/as gradually broadened to include all the indigenous elections. This requires that the citizens who possess
acdult population of the state. Today, most of the full rights also owe severed obligations, responsibilities
scocieties are modern democracies in the sense that and duties towards the state and the society at large.
374 FUNDAMENTAL DUTIES OF CfTIZENMS

A citizen owes allegiance and loyalty to the state and 3.7 Broadly speaking, there can be two categortles
may be called upon to sacrifice even his life to protect of duties — legal and moral. Legal duties are thoose
and preserve the sovereignty of his nation. The long­ which are capable of being enforced through tthe
term growth and development of the society demands courts of law while moral duties are carried out eithher
the present generation of citizens to make sacrifices out of fear of public opposition or any other mooral
to enable the future generations to live in peace and reasons. Education for citizenship has for its maain
plenty. Citizenship, therefore, is not a mere passive objective the rousing of consciousness in the heanrts
possession of certain rights, but also an active of the people that performance of public duties aand
participation in the life of the community with a view social service is essential both for individual aand
to self-realization and consciously promoting social social good and the progress of humanity. In thhis
good. A good citizen is excepted to play a more matter of the enforcement of duties, legal sanctioans
significant and meaningful role in the society. play a very insignificant role — the rise of soccial
consciousness, the imbibing of the public spirit aind
3.5 Laski, an eminent political scientist has
the creation of responsive environment and propper
opined that rights are correlative with functions. 'I
atmosphere are of greater importance. Among tthe
have them that I may make my contribution to the
duties that a citizen is excepted to perform aree :
social end — I have no claim to receive without the
allegiance to the state, the obligation of obediencce,
attempt, atleast, to pay for what I receive — Whatever
the duty to pay various taxes, the duty to assiist
form any payment takes, it is essential that I should
government in the maintenance of law and order aind
realize that the Rights I have are given to me because
other social-welfare schemes, the duty to vote and I to
I am performing some given duties.’ Rights are not
exercise vigilance, and several civic duties withoout
outside the society but inherent in it. Their
which the creation of a peaceful, welfare-orienteed,
conferment by the state on the individual is aimed
harmonious, society is not possible.
at the development and progress not only of the
individual but also of the society. Article 29(1) of
Declaration of Universal Rights provides ‘Every one Good Citizenship and
has duties to the community in which alone the free the Indian Constitution
and full development of his personality is possible.’
Hence, every right carries with it a corresponding 3.8 The key to the concept of good citizenship >is
duty and all rights must be exercised in a manner so the concept of democracy and its underlyimg
as to promote the general social well being. assumptions — equality, liberty and fraternity.
3.6 There is thus a threefold relationship between The concept of good citizenship is closely relatced
Rights and Duties — firstly, the very fact that the to concept of duty. Every citizen should understamd
Rights are conferred on the individual by the State that he should not bother himself whether others
or the Constitution casts upon the individual the duty are doing their duty but he should carry out his own
that they are exercised in a manner so as to promote duties. The emergence of free India, gave us tlhe
the social good. Secondly, the Rights concerned on p rivileges o f good citizenship. However, oiur
the individual can become effective only if they are independence as citizens has not been fortified amd
recognized and respected by the other members of enriched by a collective sense of responsibilitty.
the community — they cast upon the individual the Because of this lack of duty-consciousness, we hawe
duty of recognizing and respecting the Rights of in our society, evils and m alpractices lilke
others. Thirdly, every right carries with it a misbehaviour indiscipline, law breaking — all the:se
corresponding duty, e.g. the Right of vote carries with leading to the weakening of the state and societty.
it the Duty to vote, i.e. he must perform the primary The only way to eschew these and other social evtils
duty of citizen in a democracy to see that he helps to is to enforce and respect the fundamental duties thiat
elect suitable individuals as his governors, and that a citizen owes to the state and fellow beings and fall
he carries out his duty of keeping strict vigilance over now part of our constitutional obligations. Anothier
the actual rulers. In nutshell, it would not be an pre-condition of good citizenship is the will amd
exaggeration to say that the successful working of capacity to struggle against and overcome obstacells,
democracy is not possible unless the citizens do and foster a healthy environment, physical and sociial
discharge their duties with a sense of responsibility, in which man can rise to the highest social excellence
intelligence and diligence. and enjoy the fruits of culture and civilization.
HHANDBOOK FOR OPERATIONLIZATION OF CmZENSHIP VALUES UNDER THE CONTSTITUTION 375

3.99 The only way to the achievement of citizenship these duties. This article reads: it shcdl be the duty
d evelop m en t is by identifying the hardcore of of every citizen of India — to abide by the Constitution
Cititizenship values enshrined in the Constitution and and respect its ideals and institutions, the National
maaking a concerted effort to protect and promote Flag and National Anthem; to cherish and follow the
theiem. The values that emerge from the provisions of noble ideals which inspired our national struggle for
thee constitution Eire: freedom; to uphold and protect the sovereignty, unity
and integrity of India; to defend the country and
(i) many problems in human relations have their
render national service when called upon to do so; to
source in the desire of one person to dominate
promote harmony and the spirit o f common
over others,
brotherhood amongst all the people of India
(ii) ) every citizen must accept the quality of all transcending religious, linguistic and regional or
citizens, sectional diversities, to renounce practices derogatory
to the dignity of women; to value and preserve the
(iii)i) all citizens enjoy the basic freedoms and human
rich heritage of our composite culture; to protect and
rights and must provide the same to each other,
improve the natural environment including forests,
(iv)/) democracy demands respect for dissent and lakes, rivers and wild life and to have compassion
opposite views, for living creatures; to develop the scientific temper,
humanism and the spirit of inquiry and reform; to
(v) ) change can be brought by peaceful means and
safeguard public property and to.abjure violence; to
responsible behaviour towards to their fellow
strive towards excellence in all spheres of individual
citizens,
and collective activity so that the nation constantly
(vi)i) the highest functionary of state are first the rises to the highest levels of endeavour and
citizens and therefore, responsible to their fellow achievement.
citizens and their well-being,
(viiii) self-discipline and responsibilities to fellow Good Citizenship
citizens are important and so are, and Higher Education
(viiiii) right to vote and participate in the political 3.12 University students constitute one of the most
process, knowledgeable, dynamic and progressive components
of the society. The question that present paper seeks
(ixk) constant vigilance over the conduct of
to examine is as to how the concept of citizenship
functionaries — m inisters, members,
development be enforced in the realm of higher
administrators etc.,
education in India. The above analysis of the concept
(x)) dignity of individual with every citizen respecting of good citizenship clearly establishes that the concept
and protecting the indivudual dignity of every underlines such values as tolerance, responsibility,
other citizen. duty and obligations. Hence the specific question that -
arises is how to enforce fundamental duties and
3.110 Citizenship is an important duty, which every
inculcate the spirit of adherence to state in the
inddividual must discharge with responsibility and
citizens right from their birth to the elementary,
deedication. A responsible and vigilant citizenry can
middle Eind secondary education right through the
plaay a vitsil role in strengthening of democracy and
higher educational institutions. However, this paper
by j sensitizing the administration to the needs of the
has a limited objective to discuss some specific
peeople Eind by ensuring accountability of the executive
measures to activise the value of good citizenship in
auuthority.
the realm of higher education. Before suggesting some
Peace, harmony and tolerance is another pre- practical measures to enhance the understanding
reqquisite of good citizenship. We should inculcate and and practice of fundamental duties and citizenship
acccept the basic values of peace harmony and learn values in higher education let us first identify some
to 1be tolerant in our minds. of the features of university system pointing to the
realities of the higher educational system in India.
3.111 The Constitution of India, while guaranteeing
funndamental rights to Indian citizens Eind others, lays
d ow n the duties of the country’s citizens. Article 51A Universities in India
of the constitution, inserted in 1976 enumerates 3.13 University studentship is a transitory phase
376 FUNDAMENTAL DUTIES OF CITIZEfNS

of life that lasts normally for minimum three to five preparation for entry into the uncertain worlcd of
years ( however, the period is longer in case someone employment. The lower-middle class with ruiral
decides to pursue post-graduate studies). This phase background of a majority of the students — laclk of
of life is, on the one hand bidding good-bye to days security for them, contributes to their gradlual
of adolescence and on the other welcoming the alienation from the academic ethics, which constitiute,
adulthood. In other words, the life in this phase is the major factors of campus unrest. The corruptiion,
sandwiched between the needs of last stage of inefficiency and apathy of governmental acticons
adolescence and burden o f adulthood. The also precipitate their opposition to the establisJhed
individuals are biologically adult, but socially regime.
irresponsible and idealistic. They tend to judge this
3.16 An im portant feature o f u n iv e rs ity
world in extreme terms — right or wrong, good or
studentship is growing students’ activism in politics.
bad, and just or unjust. Max Weber once observed
Student activism has taken a variety of form s —
that youth has a tendency to follow “a pure picture
agitation and movements and support of one major
of absolute ends: while maturity is associated with
party or the other. Students take part in both on-
an ethic of responsibility”. Max Weber’s views may
campus and off-campus politics. It gives the students
appear exaggerated at the first stance, it is, however,
the experience of elections, which is a key componient
true that the youth has the tendency to be more and
of democratic process. At the same time stude;nts
more idealistic than pragmatic and responsible. They
are also the targets of exploitation by vested political
tend to see the world in terms of what it should be
interests. Various types of cultural recreational
instead of what it is. They are more likely to offer all
professional associations and the college unions are
encompassing solutions to social problems than their
instrum ental in furnishing a w ide range: of
elders are. The basis of a good society in their
opportunities for undertaking constructive and well
viewpoint are such values as freedom, equality,
organized programmes and shoulder responsibilities
efficiency, and justice as social welfare.
as a citizen.
3.14 The youth in university is characterized by
relative freedom from fam ilial control, and 3.17 Another harsh reality of the educational
Responsibilities — financial and others which makes system is that there is no homogeneity among the
college life an exciting experience for many students. students’ community, In fact some sort of
Society treats them with leniency, indulgence, and homogeneity and unity did exist among the students
Jiberality. community. In fact some sort of homogeneity and
unity did exist among the students in an earlier era,
Most of the students, as long as they are in the when education was elitist in orientation and it was
university, are without any ( part time or ) no open only for the members of rich and elite families.
employment and lack independent source of income. But increasingly open and mass educational system
They depend on their parents or educational that prevails in India today tends to recruit students
Institutions ( in some cases ) for financial support. from all the sections of the society, and hence
Psychologically this period is one of stress and generates a heterogeneity amongst students’
change, which has an important, bearing on the community comprising of varying individual traits
attitudes and orientations of the students. and objectives. If on the one hand we have students
The youth feels the need of autonomy during this who are very much dedicated to college and its
period of life and has a tendency to rebell against activities, there are others who are completely
authority - parental educational and social which is indifferent to it, then there are those who favour
quite great. College and university students also live student movements of an exclusively academic type
under various kinds of stresses, anxieties and strains, or take part in active political movements. In other
which upset their mental equilibrium. Many students, words, there are carrer minded students who are
by virtue of modern education and western culture, academically oriented, and politically activist
feel alienated from the traditional patterns of society. students and also those who are apolitical and
There is much wavering in the student community. academically also average students. The numbers of
students and institutions should be regulated.
3.15 The demands of academic life and more
particularly the pressure of examination leave little 3.18 University students seem to be lost and
time to students for extra curricular activities. Serious confused because they are unable to see any
students regard studentship as a period of relevance between what they learn on the campus
. ^HANDBOOK FOR OPERATIONIiZATION OF CflTZENSHIP VALUES UNDER THE CONTSTITUTION 377

anid what they observe in the society. Because of this given to all the entrants as a part of their co-curricular
thee task of the leaders has become especially onerous. activities immediately after they join the university/
Thiere is an urgent need for communication between college. The orientation programme may be based
thee teachers, students and the administrators of the on the syllabus developed by the University of
ediucational institutions who present the target Bombay on Citizenship Development. Now that UGC
grcoups in the higher education system. It is essential has developed a number of core courses relating to
thaat not only newer approaches to and innovative the 5 1A such as foundation courses, core courses,
meethods of teaching to make the field of inquiry more applied components at the under graduate level. It
intteresting for the students be employed but efforts is desirable that the college and the universities
be; made to reduce the communication gap between should be able to implement these courses as a part
theese targets to secure more harmonious relationship of their orientation programme towards the students
bettween them and an understanding of each other’s about the awareness of their duties. This orientation
duities as a citizen. is important for all entrants to higher education and
for students of any stream science, social science,
3. ] 19 In nutshell, one can say that a study of higher technology, or professionals. And these programmes
ediucational institutions in India in the modem time be repeated every year — at least at the under­
prresent quite a disturbing and disappointing picture. graduate levels.
Thie biggest evils that plague them at present are the
lacck of commitment to any value system at all, and 3.22 It has been observed that although in many
prrevalence of indiscipline, violence, students unrest colleges and universities in many colleges and
phiow of money power and display of arrogance and universities provisions exist regarding composition
hoollow and fast life. In order to reform the existing of different types of association for students’ co-
sittuation, there is an urgent need for inculcating some curricular activities. However, many o f these
m«oral values and duties and obligations of a citizen provisions remain in abeyance because of many
fLimongst the three target groups in the college obstacles, financial or otherwise and the students
ecHucation — the students, teacher and community does not get to form these associations.
f«iiministrators. It is in this context that we present It is of utmost importance that the students be
^jeslow some concrete, general and specific suggestions encouraged to form associations of different levels -
to> inculcate the concept fundamental duties in the subject, sports, recreational, cultural, and voluntary
fieeld of higher education. association for self-help or community services. These
associations organisations will help the inculcation
of the feeling one’s obligations towards each other
Aictivizing Citizenship Values
and towards the college/university/institutions to
3.120 We should now consider some of the practical which they belong and also towards the community.
stteps that could be undertaken for inculcating the In this way they will have the urge in a practical way
feittizenship duties at the higher levels of education. to inculcate these obligatory duties into their
Ass already indicated there are three target groups behavioural pattern. The processes of electing and
tlnat need to be addressed to In this respect - the forming committees and entering into discussion will
fettudents, the teacher and the management and inculcate in them the habit of respect for the point of
Jicdministrative personnel. We shall take up the view of others, and arriving at decisions through a
camsideration of activities to be undertaken for each process of collective discussion and consensus. In
off these groups In the same order. many institutions, there is a provision of students
activities through N.S.S. and N.C.C. These two
organisations are very important in inculcating a
't'he Students
sense of self-discipline and awareness of community
3..21 The students are the primary target group at problems and helps solving these problems. Most of
tine higher educational level. It is important that their the activities of the students incorporating their
oirientation towards these citizenship duties be made responsibilities towards the community at large to
tco them from the very beginning of their college life operationalized through these two organizations and
ass soon as they enter the portals of the college or the at the end of the students’ stay in the college the
uiniversity. For this purpose it is suggested that a authorities can give them a certificate to the students
ccompulsory orientation training programme in the indicating that they have been very active in the
awareness of what constitutes citizenship duties be community work.
378 FUNDAMENTAL DUTIES OF CITIZEPNS

3.23 At the time of the formulation of unions and facing the nation for formulating possible soluticons.
conducting elections, it is important that there is an The organization of model/mock parliament may ealso
input from the side of the teachers in as much as the be directed towards specific problem o f ithe
teacher incharge of such activities owes an obligations observatuion of the rules and regulations conductting
to the students to make them aware of their duties the business of the House. The students can reailize
and responsibilities in conducting the affairs of the the importance of observing the basic rules of the
students unions in a peaceful and harmonizing same politics at the formative stage, and carry tthis
manner more so at the time of elections — to observe early orientation to their later stages of life. In tthis
discipline and code of conduct and not to abuse connection, the Bureau of Parliamentary Reseairch
freedom of expression or use any violent methods. It and Training in the Parliament Secretariat ccan
is at this time that the duties enshrined in the render some useful help and guidance to ithe
Constitution get their greatest manifestation in students.
practical terms.
3.28 For developing the feeling of nationalism and
3.24 In m ost cultural/sports/recreational integrity in respect of the nation’s symbols and
activities, the students should be encouraged to institution, it is necessary that on v a rio u s
shoulder responsibilities for managing their own national days like Republic Day, Independemce
events observing obligations which accrue to them Day, Gandhi’s Birth Anniversary and other simiilar
as a result of their being in position of responsibility. occasions, a series of lectures, symposia and
workshops be organized to make the studeints
3.25 It has been observed that both the students
aware of the importance of these occasions and
and the teachers use their unions for such practices
make them meaningful. This should becom e
which being a slue in the education activities do not
regular feature of the activities of the educatioinal
leave either to the students or the teachers to indulge
institutions.
in negative tactics such as prolonged strikes or
demonstrations or continuing disruptions in the 3.29 A number of Fundamental Duties enshrined
legitimate academic activity. These students have a in the Constitution like promotiomn of harmony amd
basic duty to observe discipline and self-restraint for common brotherhood, transcending religion ,
carrying on those activities which promote the cause linguistic and regional diversities should find thieir
of higher learning. The teachers have an equal duty expressions in the community living of studeints
not to indulg in trade unionism which results in particularly in the hostels and the group housing.
prolong disruptions in the academic activity. While Some of the activities already suggested above should
trade unionism is a legitimate tool to some extent for also be operationalized in the premises of the hostels
many commercial trade unions but practicing it in and similar other places.
educational institutions activities but does not in any
3.30 Protection of environment has become a very
way enhance the prestige of the teachers or the
crucial problem of mankind in the present century.
students.
The students community at the college level not only
can have the spirit of the responsibility of taking
Obligations towards the Community . steps to promote the improvement of environment
3.26 At regular intervals, during the period of their but can also be a catalysts for spreading the
stay in the institutions the students be encouraged importance of environment protection amongst
to organize activities relating to some of the most the masses. The students should not only observe
pressing issues facing the community. They should the environment day, but should also undertake
be encouraged to go out in the field, i.e. the nearby specific steps to inculcate the feeling of
villages or communities where specific problems like responsibilities among the citizens towards
the non-availability of certain services or problems this mammoth enterprise.
prising out o f certain natural or man-made Finally, it is important that on the activities
Calamities arise and solutions for mitigating /’;[p-Og undertaken by the students emphasis should be
them be found and implemented. This could be a
made on the welfare aspects of the community at
regular exercise as a part of their extra-curricular
large and that students be provided with such
activities.
opportunities which prompt them to observe
3.27 Students be encouraged to organize model their Fundamental Duties enshrined in the
parliaments in order to discuss certain specific issues Constitution.
HM NDBOOK FOR OPERATIONLIZATION OF CITIZENSHIP VALUES UNDER THE CONTSnTUTION 379

n. Activities including Citizenship management of the institution where the students


Duties amongst the Teachers spend major portion of their youth have no concern
or awareness about the difficulties or inconveniences
3.3 J1 Along with the students, it is important that the students suffer on account of the perceived non-
teaechers should also observe their duties towards compliance of the rules and regulations of the
fchesir students as also towards the institution which university or institutions on the part of the staff. It is
the^y serve. The non-observance of the duties on the important that the staff and management observe a
parrt of the teachers would encourage a sense of two-way process of communication where the
deffiance on the part of the students. The teachers students be made aware about their continuing
muist be apprised of the fact that their first obligation responsibilities of observing the various rules of the
is tcowards their students — for whom they exist. They rightful living and obligation as also the deadlines or
shoould be told not to cut classes, be punctual and regulations which they must strictly adhere to.
regular in taking classes, and to observe certain moral Adequate use of Notice-boards, Circulars, College and
codde in the classroom, like being courteous and University Newsletters or Announcements through
heljpful to their students in their academic pursuits. press for observing the concerned obligations is a
Sin ice they have the primary obligation towards their must on the part of the staff and management. They
stuidents, they owe a duty towards themselves to should also establish certain complaints and
prowide the students free access to them irrespective grievances procedures and appeals from the decisions
of a n y discrimination of any kind and to be available of the subordinate staff to the higher staff for redress
to ithem for consultation and guidance at certain of the genuine complaints and grievance of the
reaisonable hours which must be specified by them students. The management and staff must be
in ^advance at the beginning of the session. ensured that students are in know o f their
3.332 Apart from the academic consultation, it is continuing duties towards themselves, towards
ftlsco important that the teachers act an important their institutions and towards the community
sovurce of encouragement and guide towards their at large. In addition, it is also important that the
carreer building and counseling. They have the duty staff displays a sense of personal concern for their
of ocounseling their students about the prospects for genuine difficulties at every level of their mutual
employment so that their anxiety about their future interactions.
projspects is. somewhat reduced. Finally, it is also necessary that in order to build­
At this stage of one’s life, students also need up the sense of partnership amongst the students
comnseling in respect of their stresses and strains teachers and the management and staff informal
dute to the conditions of modern, competitive pattern contacts through cultural association or frequent get-
ctf social living and due to extraneous factors of family togethers be encouraged. It would also be helpful if
or cdomestic concern. Teachers have to assume some there are regular meetings between those three
responsibility in relation to these situation for guiding target groups to evolve appropriate solutions for their
ancd counseling students. continuing commoij problems.

The teacher-community constitutes an important


cattalyst towards character building of the students.
Conclusing Observations
Thte teachers owe a duty to take positive steps and 3.34 The above suggestion made in the context of
hellp guide the students through their own operationalization of the citizenship duties amongst
examples or other role models to help the students the students community at the higher educational
iti building their responsibilities in their level are neither exhaustive nor conclusive enough
incHividual lives. This is specific obligation which to improve the existing situation, but represent only
accrue to the teachers community and every teacher a beginning in the understanding of the value of
shcould draw satisfaction from the fact that he has citizenship development. It is important the colleges
beeen able to help the students in moulding their and universities should develop elaborate mechanism
character. for implementing these programmes relating to each
of these groups and monitoring their progress from
time to time with the view to stimulating awareness
mi. Duties of Management and Staff
on their part of the importance of observing their
8.3J3 It has been observed that the staff and respective citizenship duties and values. Not only
380 FUNDAMENTAL DUTIES OF CITIZENINS

such mechanism need to be reviewed periodically but implementation of the process o f citizensbhip
also put into active practice. As the above activities development. This is an open-ending process and d we
get operationalized many more avenues wide open must not close further options available in citizenslship
themselves for further experimentation in the development as a result of the above activities.
4
People’s Representatives from
Panchayat to Parliament

J. Veeraraghavan

Asi cmzENS of the country the elected representatives and sectional diversities; to renounce practices
haive the same rights and duties as any other . But derogaratory to the dignity of women. (51A (e))
as; leaders and exemplars their responsibility is even
to value and preserve the rich heritage of our
grreater in this regard. Further in Parliament and the
composite culture.
legislatures the elected representatives take a specific
oaith to adhere to and uphold the Constitution, and These are also related powerfully to 51A (c) ‘to
thiey are therefore duty bound to uphold and uphold and protect the sovereignty, unity and
prropagate the observance of Fundamental Duties by integrity of India'.
ome and all.
4.4 Respect for all living things, especially for the
4.12 The 73rd and 74th Amendments to the weak and the elderly, moderation in all matters
Coonstitution in 1992 have taken the forms of including goals related to pursuit of wealth, power
democratic Government to the district and village and status, the observance of the eternal moral code
lewels. These amendments have strengthened the of Dharma, tolerance of and positive regard for
3- tier system which had been advocated and differing religions and ethosare some of the
prractised with success in varying degrees in different distinguishing characteristics of Indian culture. In
pairts of the country. Power is thus flowing to the this it differs from The Western or modern culture
grrass root levels and provision has also been made which over emphasises the aggressive acquisition of
foir reservation for women in addition to the material comforts and encourages a high degree of
reiservation for Scheduled Castes and Scheduled individualism. The Indian culture does not disregard
Trribes in the elections at this level. The State the need for material comforts and the development
Governments have been asked by Article 243H to of individuality but these are always subordinated
amthorise panchayats to levy and collect appropriate to social obligations and a cosmic view of life that
taixes and similar provisions are made with reference seeks to reach the Immortal and the Permanent
to the functioning of municipal bodies. As the systems behind the ever changing world.
of local governance gets further strengthered, the
4.5 The use of caste, religion, language or other
eltected representatives have a major role in ensuring
sectional interests for creating an emotional bias to
thiat Fundamental Duties become a living reality for
help win in elections is contrary to Indian culture
ouir masses.
and to the Fundamental Duties. To create or provoke
4.;3 In today’s context, the most important among disputes based on religion, caste etc. is a positive act
thie Fundamental duties are those that are specified of crime to be abhorred by all thinking men and
InL Article 51A (e) and ( f ) namely, the duty: especially by peoples representatives who represent
all the peoples and not a section of them. The elections
to promote harmony and the spirit of common constitute a great educational process and what is
brotherhood amongst all the people of India said and done during the election campaigns is of
transcending religious, linguistic and regional great importance. The candidates seeking the
382 FUNDAMENTAL DUTIES OF CITIZESNS

mandate of the people have to keep their obligations superstition. India, once in the vanguarcd of
under the Fundamental Duties constantly in view in civilization went down in history when knowledge
conducting their campaign. In the latter stages of became petrified into dogmas. We cannot allow that
the campaign when emotions are aroused and there to happen again. The legislators have a dutty to
is much bitterness and hatred, it is all the more promote science, technology and knowledge and ttheir
important for the candidates to keep their cool and application to solve people’s problems and ffight
restrain their supporters from saying or doing against ignorance and superstition in all its foirms.
anything that could arouse caste, religion, language The role of educational institutions in this mattcer is
or other sectional emotions and fears. They should obvious and it is the duty of elected representatiwe to
remember all the time that success achieved through encourage and assist educational institutionis in
improper and false propaganda is as much a corrupt playing this role.
practice as the use of money or muscle power.
4.8 Unemployment and poverty are forenmost
4.6 For operationalising the duties inherent in the among the problems of the people. A represeratcative
promotion o f national unity and integrity and of the people would be finally ju dged by his
upholding the dignity of women and the integrity of contribution to solving these problems. It is now
the country, the elected representatives can recognised that these problems cannot be solveed by
contribute a great deal by positively encouraging all mere foreign aid or government programmes. Fuinds
activities designed to promote these values. They from abroad and governments budgets are important
should make it a point to visit all educational and but by themselves insufficient. While trying fior a
cultural institutions in their constituency and create share in the national cake, it is impoortant that people
a network of activities through them that promote are taught to be self reliant. The people mus’.t be
solidarity and friendship among all the people and provided opportunities for learning and educaition
removes all misgivings, fears, dislikes and factors that and for organising their productive skills in the seirvice
cause disunity. They should persuade the educational of their fellow men with honesty and integrity.
institutions to identify the positive and negative Econom ic progress depends on h on est and
factors promoting or inhibiting national unity and productive service and not in u n p rod u ctive
dignity of women and help them promote and the expenditure. If a legislator brings a school, a hospital,
positive factors . They can play role in scotching a railway line or a factory to his constituency he is to
rumour mongering, and activities designed to provoke be applauded, provided he has adopted fair and
em otions and prejudices o f sections of the reasonable means, for the achievement, but he iis to
community. They can do so before and after the be applauded even more if he ensures that tUtiese
elections and contribute significantly to unity and institutions function effectively and fulfil their roles.
integrity of the nation. If, for instance, he has founded a college and appoints
all his cronies and castemen and supporters, in
4.7 Article 51A (b) enjoins the citizen to cherish
preference to more meritorious persons, he is the
^nd follow the noble ideals which inspired our
enemy of his people and not their friend. For by
pational struggle for freedom. Our struggle for
providing bad education he destroys the future of
freedom was no mere fight to end the foreign rule.
countless young men and women and also sets an
Our fight was also to rid ourselves of age old poverty,
example of nepotism. No society and no economy can
Unemployment ignorance and superstition. That is
advance without recognition and support to merit
why, Mahatma Gandhi emphasised “The Talisman”.
and excellence. It is the duty o f the elected
He said when taking a decision, think of the poorest
representatives to educate the people on the
and see if it will benefit him, and that would be the
importance of recognising merit and excellence and
talisman for taking a decision. That is why Jawaharlal
honest work at all levels.
Nehru emphasised the need for modem science and
technology and their application to solve people's 4.9 As people’s representative, he should ponder
roblems, the need for dissolving superstitions and as to why India has been so unsuccessful in the last
lind faith and opening up of peoples mindes through 50 years in solving the problems of poverty and
education. Resisting the inroads of Western unemployment ? Is it not because we have failed to
rationality and materialism into our culture, in order provide opportunities to the young to develop their
to preserve our cosmic view of universe is important. potential and to become self-reliant? Is it also because
That, however, does not mean a regression into we have failed to take a strong stand against large
HMNDBOOK FOR OPERATIONLIZATION OF CITIZENSHIP VALUES UNDER THE CONTSTITUTION 383

famiilies (increase in population) and against illiteracy Similarly, in taking his decisions the elected
{larfge dropouts from school). Is it not the task of representative .must be objective and not guided
elecnted representatives to organize local opinion and by any bias or prejudice. It is often said that no one
rescources for successfully controlling population is free from some bias. That is all the more
grovwth and promote educational advance and growth reason for specifically examining the facts especially
of SBmall and medium enterprises ? Equality was a to see if there is any bias in one’s actions or
greaat ideal of the freedom movement. It continues to opinions.
be S50 even more today. While we should all work for
4.12 Self-scrutiny and reflection thus become
greater equality and reduction in disparities, there
essential. Ultimately the elected representative has
womld be little meaning in these concepts, if these do
to act according to his conscience, in the interest of
not lead to economic progress. Our commitment to
the countiy and the interest of his constituency. If
eqmality should not be allowed to come in the way of
there is a conflict, the country’s interest must override
ecornomic progress or wealth generation. Elected
his constituency’s and his conscience must over ride
repiresentatives have many opportunities for
everything, although on most occasions there will be
edmcating the people on the importance of wealth
no conflicts. In Prem chand’s story, Panch
geneeration and of equality of opportunity and the need
Parameswar, we have the instance of the Panchayat
to wrork for both these goals.
Chairman who is to give a verdict in a case involving
4.1CD Non-interference in the functioning of a rival with whom he has long standing enemity. He
Govfernmental Institutions (and non-Governmental is looking forward to the day when with his verdict
Institutions) is essential for ensuring efficiency and he can deal a mortal blow to his rival. But such is
equiity. As representatives of the people, MLAs, MPs the power of conscience that when the time comes
and District Panchayat representatives will receive for verdict, conscience and objectivity prevails and
mamy petitions and representations for redressal of the sacredness of the position of Panchayat Chairman
griewances or for other purposes. It is their duty to prevails over everything else.
take? up the causes of those with genuine grievances
4.13 The concept of Dharma is firmly rooted in the
and complaints but they should do so without resort
Indian tradition. Dharma is complex, but has to
to “carm-twisting”. They should indeed discourage
prevail. It means one has to do one’s duty, one has
favomring officials who seek to please them and
to do what is right, but one must also understand
instcead insist on objectivity in their behaviour.
what is right and what is one’s duty. But once the
Now/here else is this more important than in relation
Dharma is understood, one cannot flinch from it no
to laiw enforcing agencies. Elected representatives
matter what the consequences. Dharma therefore is
musst not only observe the laws in letter and in spirit
the protector of society. Adherence to Dharma by
and help law enforcing agencies in detecting law.
every elected representative will lead to value based
breaikers and in punishing them. Much has been
politics and lay the foundations of well being for the
writtten in regard to criminalization of politics. In so
people. T h e S e v e n P rin c ip le s o f P u b lic L ife
far ais the very process of election is to facilitate the
enumerated by The Lord Nolan Committee on
fhakiing and enforcing of laws, it is ironical that law
standards in Public Life submitted to Parliament in
makcers should in public mind be identified with law
the United Kingdom give a modern and clear version
breaikers !!
of the Dharma of a legislator (as of other public
4.11 The reason why elected representatives functionaries) and are summarised below:
somtetimes hinder law enforcement is their fear of
They should take decisions solely In terms of the
losinig the support of some of their followers indulging
public interest and not in order to gain financial or
in uinlawful activity. Also there is, often, in the
other material benefits for themselves, their family,
prewailing feudal atmosphere, the question of
or their friends. (Selflessness)
^statrns”. A Member of Parliament occupying a railway
bertlh reserved for another feels humiliated if asked They should not place themselves under any
to vaicate the berth, for his “status” falls in the eyes financial or other obligation to outside individuals or
pf hi;s supporters. In such instances it is the duty of organizations that might influence them in the
the elected representative to explain the law to his performance of their official duties. (Integrity)
suppjortefs and to educate them away from the false
adduction to status which belongs to ancient times They should make choices on merit and on facts.
whicth are no more relevant. (Objectivity)
384 FUNDAMENTAL DUTIES OF CITJZESNS

They are accountable for their decisions and Hence it is the duty of the elected representative
actions to the public Eind must submit themselves to to fight for protection of Nature which means ffight
whatever scrutiny is appropriate to their office. against consumerism and ever increasing usse of
(Accountability) electric power and oil energy for raising the standiards
of living. It means raising questions about: the
They should be as open as possible about all the
meaning of “consumption” and standard of living; and
decisions and actions that they take. They should
educating the public to apply moderation in tlhese
give reasons for their decisions and restrict
matters. The mentality of seeking wealth at the cost
information only when the wider public interest
of everything else has been severely condemneid in
clearly demands. (Openness)
the Gita as the Asuric mentality that will lead nowrhere
They have a duty to declare any private interest but to hell. A person with such a mentalitty is
relating to their public duties and to take steps to described in the Gita as one who boasts “I Ihave
resolve any conflicts arising in a way that protects attained this much, I will attain very much mo>re, I
the public interest. (Honesty) will accumulate capital, I have killed this enermy, I
will kill ever many more, I am the Lord, I ami the
They should prom ote and support these
enjoyee, I will fulfill these works, I am successful,
principles by leadership and example. (Leadership)
who is equal to me?”
Educational institutions can play an important
4.15 This kind of individual and c o lle c tiv e
role in the application of these principles in specific
egocentric approaches glorified by the West as “great
cases. They can invite the elected representatives for
entrepreneurship” have resulted on the one hand in
discussions and dialogue on these points and the
enorm ous increase in w ealth and s c ie n tific
elected representative can help to clarify the
innovations and on the other great increase in
application of these principles.
anxiety, stresses, loneliness, loss of human values
4.14 Yet another important fundamental duty is and environmental degradation. The rootts of
that of protection and improvement of natural ecological destruction is not in science as such., but
environment. Man is part of Nature yet in his greed the perverted definition of human wants perpetirated
and pride he is causing much destruction to nature. by media — It is within the power of the elected
People’s representatives will often be faced with the representatives of the people to educate the people
dilemma whether they should support a project which to the contrary and protect and promote our culttural
causes environmental damage. On the one hand there roots which are environment friendly and fostter a
is need for power (electricity), water, employment etc. balanced approach to life.
and it seems in public interest to support project
4.16 Yet another duty as specified in Article 51 A(I)
that provides these, but on the other, there are
is to safeguEird public property and to a b ju r e violence.
ecological consequences and long term disasters. The
Loss of life and property in riots and agitations
Bhagawad Gita has a beautiful story on this. At the
have reached enormous proportions. The very
beginning of creation, Prajhapathi, the creator created
process of democracy requires that we attend
jnen the Prajas and along with them Yagna or sacrifice
to matters by dialogue and consensus and not
and told the Prajas that through Yagna you will
through controversies and violence. The elected
nourish Nature and Nature will nourish you and by
representatives have to educate their followers and
this mutual nourishment you will prosper and attain
supporters on the importance of the processes of
all your wishes. By Yagna one can mean a ritual, the
reasoning and dialogue and avoid steps that lead to
pouring of Ghee over fire dedicated to a particular
violence of any kinds.
God. Yagna can also be interpreted as sacrifice, the
giving of something without any expectation of a 4.17 The role of the elected representative i n
return. Viewed in this latter manner, the story of the relation to Fundamental Duties may at first sight
Gita enjoins man to sacrifice some of the material seem contributory Eind complex. He is supposed to
comforts that he can attain by manipulating Nature. represent and promote the common interest of the
In this way he can nourish Nature and if he does so. people yet he has to educate, restrain and 1moderate
Nature will nourish him. If on the other hand he them. He has to work for the poor and for greater
continues to exploit Nature to “raise” his standard of equality, yet he has to promote the creation of wealth.
living, endlessly he becomes a cancer cell on Nature’s He has to ensure education for all, yet he has to work
body Eind he will destroy Nature Eind destroy himself for excellence. He must be firmly rooted in his own
Iri the process. way of life and culture, yet show regard for Eill cultures
HHANDBOOK FOR OPERATIONLIZATION OF CITIZENSHIP VALUES UNDER THE CONTSTITUTION 385

anod ways of life. He has to look to the interests of his of Rural Development, Rajendra Nagar, Hyderabad
connstituencies, yet he must act in larger interests of organises programmes for community participation,
thae country and his conscience. These opposite school sanitation, drinking water quality, water
jaoblarities do not create a conflict. Only a wealthy related diseases, motivation, sanitation, technologies
Boociety can create equality, only a society that and techniques and so on. Most of the States have
puursues merit and excellence can create an educated similar institutions under the aegis of Department
soociety. Only a society which pursues Dharma and of Rural Development. Some of the institutions are
Yaggna (Sacrifice) can create a truly wealthy society. as old as the Community Development Programme
Thnrough moderation, balance, education and of the times of the then Union Minister, S.K. Dey in
leaadership, the elected representatives of the people the fifties. These institutions, over the years, lost
cann lead the country on the path to genuine much of the shine of the Community Development
proogress that balances these polarities. For fulfilling and Training. The 73rd and 74th Amendments may
theese roles envisaged for elected representatives, be seen as an opportunity while revamping the
eleected representatives should work closely with Panchayati Raj system, also an opportunity to
thee educational institutions in his constituencies upgrade and modernise training systems of elected
anod create a network of activities and programmes representatives of the district and other levels. This
thaat generates an understanding o f the has become necessary, since additional
Funndamental Duties and their application in our day responsibilities are being conferred upon panchayat
to c day life. and municipal bodies by the State Governments. It
4.118 In Parliament, orientation programmes for will be necessary that the functionaries are aware of
pe^w members are organized and senior and their role vis-a-vis requirements and demands of
outstanding parliamentarians speak to the new modern times. Unless the vision is conveyed and
meembers regarding the role of various institutions, methods for realization explained, it may not be
raitising of matters of public importance and how to possible to get the programmes translated into action
funnction effectively in the Parliament to achieve public at those levels. The training will give an understanding
goood. The Members are also made aware of their for interaction with administration as well as the
rolile and privileges. The State Governments are masses and speed up the programmes of immediate
hauving sim ilar programmes in some of their local needs. The village and municipal bodies may
legislatures. There are also many institution based design and execute scheme at their levels and need
prcogrammes and seminars for orientation of not always look to the State or the Central capital.
Panrliament Members / Legislatures. In all these 4.20 All these orientation programmes at various
prcogrammes there should be an adequate levels for the elected representatives should
emnphasis on the role of Member of Parliament and emphasise in adequate measure an understanding
Leggislature in promoting the understanding and o f Fundam ental Duties and the role of the elected
obsservance of Fundamental Duties and how to utilize representatives in ensuring or promoting the
schhools and other educational institutions for this observance of Fundamental Duties by all citizens. In
punrpose. doing so, it should be emphasised that the elected
4.119 For the functioning of the panchayat and representatives can make a significant contribution
muunicipal programmes, State Governments have by interaction with the younger generation especially
dewised some training courses. The National Institute through the schools.
5
Public Administration — Civil Servants

S.B. Lai - IAS ( R&td.)

T hough the terms of reference of the Committee the civil servants have to be committed to the service
visualize that for teaching of Fundamental Duties to of the citizens at large.
the citizens of the country programme packages for
5.3 Fully realising the importance of civil services
educational institutions from the primary to the
in the modern democratic State, the Founiding
university levels should be developed and
Fathers made necessary provisions in the
implemented, such programmes could also be
Constitution outlining the role, rights and obligattions
developed through training and professional
for those citizens who join the public services.. The
institutions meant for different professions. As civil
Constitution provides for selection to public services
services have a vital role to play in our democratic
on merit, for their security of service and tenure and
polity, they could become a very important means of
protection against arbitrary dismissal, remov.al or
teaching and implementing the Fundamental Duties
reduction in rank and for safeguards and opportiunity
enshrined in he Constitution to other citizens apart
to defend themselves. In this connection,, the
from themselves carrying out those duties as good
Constitution also provides for the setting up o f an
citizens.
independent Public Service Commission for the UJnion
and for each of the States, and the creation o f All
Role of Civil Services India Services, keeping in view the importamce of
fostering the concepts of national integration,, one
5.2 With the achievement of Independence and
citizenship and the Union as a single administrative
the adoption of the Constitution, the whole structure
unit. The Constitution gave the power to> the
of the Government in India changed from an
Legislature to regulate the recruitment and condi tions
autocratic structure to a democratic one. The
of service of public servants. The exercise o f this
administrative system had now to function in the
power is subject to the various other provisions of
context o f dem ocracy, developm ent and
the Constitution which ensure that the Fundamental
decentralisation. This cast a heavy responsibility on
Rights of the citizens offering themselves for p ublic
the shoulders of the public servants whose role had
service are not compromised.
to be radically reoriented. The new multi-discipllinary
bureaucracy required men of vision, ability and
competence, efficiency, honesty and integrity, Size and Crucial Importance of
neutrality and impartiality as well as anonymity, Civil Services
committed to the service of the people and suitable
for bringing about the required socio-economic 5.4 With the adoption of the concepts of Welfare
change. On the whole the Constitution made State and isocialist pattern of society”, the sphere of
provisions which were intended to build up a system Government has expanded enormously since 1947
of public services which would fit into the changed resulting in an immense increase in the strength of
character of the State in India. The loyalty or the civil services. The number of Centred Government
commitment of this bureaucracy is not to any civil servants has risen from 14.45 lakh on April 1,
individual or Government in power but to the 1948 to 33.7 lakh in 1996. It is estimated that the
Constitution. As citizens of the country themselves, number of civil servants employed in the States is
HAANDBOOK FOR OPERATIONLIZATION OF CITIZENSHIP VALUES UNDER THE CONTSTITUTION 387

74*. 1 lakh; more than double of the number of a presence right up to the grassroots. They have
termployees in the Central Government. In addition access to information from all over the world; they
64. .6 lakh persons are employed in the Central and have the means to implement ideas and they have
Staate public sector and other quasi Government the communication network to propagate their
timdertakings. agendas for action.
Em ploym ent in Public Sector iv. They provide inputs for the maintenance of the
macro-economic equilibrium such as encouraging
(in lakh)
modern management and technology in
agriculture, industry and services.
Emd of Central State Quasi Total* v. As watchdogs, they are capable of regulating the
Maxrch actions of all the players and ensuring a level
Govt. Govt. Govt.
playing field. They can support the good people
and suppress the malefactors.
19661 20.9 30.1 7.7 70.5 The civil services thus play a crucial role in the
19*91 national life.
34.1 71.1 62.2 190.6
195*96 33.7 74.1 64.6 194.3 Training of Civil Servants
and Fundamental Duties
* Imcluding Local Bodies 5.6 Over the years eleborate and sophisticated
systems of Pre-entry, orientation, post-entry and in-
(Statistical Outline of India 1998-99. Tata Services Ltd.)
service training have been adopted in academies of
5.55 Thus about two crore citizens are working as administration and training institutions for services
civril servants in the country today. The impact that under the Central and the State Governments. A
thils important class of citizens has over other citizens suitable module relating to the Fundamental Duties
is imuch more than their size dictates as they are enshrined in the Constitution must be made a part
sprread over all levels of administration i.e. from the of the courses in all the civil services training
villlage level, the taluk level, the district level, the State institutions. This module should lay emphasis on the
levrel to the level of the Central Government. They constitutional character and importance of the
exeercise powers and authority which are derived from Fundamental Duties of the citizens as also on their
varrious laws, rules and regulations. Their importance relationship to Fundamental Rights and Directive
ariises from the following functions that they and only Principles of State Policy. It may be noted that
they can perform: Fundamental Rights are in the nature of legally
enforceable guarantees and the Directive Principles
i. As a constitutional institution for ensuring law
are in the nature of guidelines and assurances, both
and order in society, they are wedded to the task
of them by the State to the citizens.
of defending the unity and integrity of the country
against recalcitrant neighbours and misguided On the other hand. Fundamental Duties emboded
internal saboteurs. They promote peace, stability in Article 51(A) are moral assurances of citizens to
and tranquillity, without which no economic, citizens; they are not enforceable in courts of law.
social, political or creative activity can ever The civil servants should be sensitized to the basic
flourish. need for carrying out the Fundamental Duties during
their entire careers. This is as important as teaching
ii. They enforce socially beneficial regulations with
them the aims and obligations of the civil services
reference to crucial inputs like land, forests,
and the ethics of the profession - objectivity, honesty,
minerals energy, water, finance, manpower,
integrity, thoughtness, impartiality and neutrality.
training, education, health, housing and the like.
Thus, the civil servants who constitute a very
They can hasten the setting up of infrastructure,
important part of our total population can be made
speed up economic growth and provide a boost
to imbibe the Fundamental Duties and implement
to national and international trade.
the same in actual practice as citizens. As each
iii. They are catalytic agents for change. They are an member of the civil service comes into contact with a
educated and well qualified group of people with number of other citizens during the course of his
388 FUNDAMENTAL DUTIES OF CITIZEBNS

duty he can make them realise the importance of (c) “to uphold and protect the sovereignty, uunity
following the Fundamental Duties by his own and integrity of India”
personal conduct.
(d) “to defend the country and render natidonal
service when called upon to do so”
Suggested Module for
Training of Civil Servants ii. Duties to preserve and perpetuate our cultr.ural
heritage (clauses b, e & f)
5.7 Over the years detailed training programmes
(b) “to cherish and follow the noble ideteals
have been prepared in the training institutions for
which inspired our national struggle i for
the civil servants keeping in view their job
freedom”
requirements and the levels at which they operate.
At present the civil servants iri the Central (e) “to promote harmony and the spiritit of
Government are distributed in different groups as common brotherhood amongst all the peeople
follows: of India transcending religious, linguistic
and regional or sectional diversities?; to
Group A 1.9%
renounce practices derogatory to the digi^nity
Group B 3.2% of women”
Group C 67.1% (f) “to value and preserve the rich h e r ita g e of
our composite culture”
Group D 27.2%
iii) Duties to develop and maintain high qualitxy of
Unclassified 0.5%
life (clauses g, h, i, & j )
5.8 Thus most of the civil servants who are being
(g) “to protect and im prove the natm ral
trained are in Groups C & D. For senior officers
environment including forests, lakes, riv^ers,
belonging to Groups A & B, refresher and orientation
wild life and to have compassion for livving
courses are also organised and study leave is granted
creatures”
to enable them to increase their skills and to broaden
their vision. The module for training civil servants in (h) “to develop the scientific temper, humanlism
Fundamental Duties has to be devised keeping in and the spirit of inquiry and reform”
view their levels of operations. This module should
(i) “to safeguard public property and to adj jure
cover workshops and discussions on the following
violence”
Subjects:
(j) “to strive towards excellence in all spheeres
1. Culture of the Indian Constitution - values
of individual and collective activity so tthat
enshrined in the Preamble and other Articles of
the nation constantly rises to higher lewels
the constitution.
of endeavour and achievement”
2. Citizens’ Fundamental Rights.
5.9 While discussing the above duties, it ma>y be
3. Directive Principles of State Policy. emphasized that each duty calls for some actiom on
the part of the trainee. It requires moulding of our
4. Fundamental Duties:
behaviour in a particular way.
(a) Relationship of Fundamental Rights and
For instance, show of respect for the National
Duties
Anthem would mean observance of the following
(b) Ten Fundamental Duties of the citizens norms:
listed in A rticle 51(A) which can be
• When the National Anthem is sung or plajyed,
categorised as follows:
everyone should stand at attention. To movre or
Duties relating to political integrity talk while the National Anthem is sung, is highly
(clauses a, c & d) disrespectful.
(a) “to abide by the Constitution and respect • One should know the words and meaning of the
its ideals and institutions, the National Flag National Anthem and be able to s in g it
and the National Anthem”. correctly.
} HAHNDBOOK FOR OPERATIONLIZATION OF CITIZENSHIP VALUES UNDER THE CONTST1TUTION 389

* 1While singing in chorus, sing in unision and with State Elections with increasing voter participation
1full vigour. which was over 60 per cent in the last General
Election. This compares very favourably with the best
• ! Show respect to the National Anthem every where,
of the Western democracies. Unlike many of the other
;and on all occasions, by standing erect,
developing countries, transfer of power to successive
i motionless and by singing in tune.
governments in India has been smooth and peaceful.
5. ICO Real citizenship education lies not only in We have succeeded not only in winning and enlarging
knowing but also in doing and becoming; therefore, our political freedom and ensuring record
aftesr they have done the above mentioned exercise, performance of the country as a successfully
let tlhe trainees simulate individual and group activity functioning democracy, we have also been able to
in wvhich they practice the observance of the laid down safeguard the country’s territorial integrity and
norrms. sovereignity, consolidate our unity in diversity and
to lay solid foundations for economic prosperity and
5.1; 1 To learn the difference between a legal duty
social progress.
andi a moral duty, let them now list out all the legal
and! moral duties that they can think of. Each one 5.16 While we have, in part, realized the vision of
of tthem will do this exercise. Make the final list out the founding Fathers of our Constitution, we have,
of Ithe lists prepared by individuals, through at the same time, to lament with anguish the
disccussion. tremendous shortfalls in reaching the targets set by
them in the areas o f democratic governance,
5.112 Each one of the trainees will then check which
economic performance, human development and
legaal duties and which moral duties they as individual
international influence. Consequently, we are faced
citiazens have not carried out.
with gigantic problems such as over-polulation, stark
5. K3 Honesty and sincerity are the core of this poverty and wide-spread illiteracy which are all
actiivity and, therefore, the discussion that should complicated by “casteism, communalism, corruption
be (carried on during the activity should be frank and and criminalisation - all increasingly politicised”.
ppesn.
5.17 The changing scenario in the past 50 years
of public administration has placed several challenges
Achieving Excellence by Public before the public services. One of the major ones is
Seirvants as Citizens the steady downward trend in ethical standards all
5.1t4 In Clause (j) of Article 51A of the Constitution around the country. While the services cannot bear
whiich lays down that it shall be the duty of every the entire responsibility for the general environment,
citiizen of India “to strive towards excellence in all they have necessarily to face the problems thrown
sptheres of individual and collective activity so that up by the stifling atmosphere. It cannot shy away
thee nation constantly rises to higher levels of from its duty of devising ways and means to meet
encdeavour and achievement”, is of special significance this challenge in public administration.
as the conduct of civil servants is of crucial
5.18 Corruption in public life and administration
importance for the society and the country. To what
is on the increase and quite rapidly too. This has
exttent have the civil servants as citizens succeeded
resulted in widespread dissatisfaction among the
in striving towards excellence in their sphere of
people especially the poor and the weaker sections.
acttivity ?
The public servant is today viewed as a monument
5.115 After almost 50 years of working of the of apathy and unresponsiveness. There appears to
Comstitution we can now evaluate to what extent the be a total lack of accountability on the part of public
airms and objectives of the Founding Fathers in regard servants. Every right thinking citizen, especially the
to the civil services have been achieved. It has, people at the helm of affairs, are expected to show a
however, to be appreciated that the responsibility for greater concern for ensuring clean, responsive,
th<e country’s achievements and failures has to be transparent and people-friendly administration at all
bo>rne both by the National’s political leaders as well levels. It is high time everyone concerned with the
as civil servants. We can be justifiably proud and issue of ethics and values in public life initiated the
haippy on our achievements. During the last fifty years necessary corrective steps to ensure that the
w e have had twelve General Elections and over 300 administration is viewed as free from corruption and
390 FUNDAMENTAL DUTIES OF CITI2EENS

responsive to the expectations and problems of the every civil servant, a specific appreciiaition
society especially those of the vulnerable groups. of the implementation of Fundamental Diuties
by him.
Concrete Suggestions for (v) Emphasis should be placed on the importcance
Operationalization of Fundamental of presenting the human face of the adrmini-
Duties by Civil Servants stration. This is possible if Fundamental Duities
are strictly followed. It should b e the
5.19 Mentioned below are specific areas in which responsibility of the senior public servamtts to
suitable intervention could ensure that public project the image of administration as people-
servants themselves implement the Fundamental friendly and responsive to the problems and
Duties laid down in Article 51A in an exemplary sufferings of the citizens.
manner so that public service is viewed as credible
and to a great extent principled institution, (vi) All public servants should attach a high degree
of importance to developing good and positive
responsible towards the citizens of the country in a
human relations. They should be eaisily
dem ocratic set up. Public service has to be
accountable to the people. Accountability primarily approachable.
means an honest and transparent administration (vii) The Government should move towards giwing
adhering to the highest possible standards of moral greater access to information to members olf the
principles for bringing about an effective and public. One of the major reasons for inefficiency
qualitative improvement in the lives of the citizens. and corruption in Government is the secirecy
Accordingly, it is essential that the following that shrouds most of the decision makting
issues be addressed and steps as suggested below processes. Transparency and free supply of
initiated: information will reduce corruption and ensure
(i) An attempt should be made to inculcate a accountability.
missionary spirit in all public servants. Public (viii) In order to implement Fundamental Duty (j) of
service should be regarded as a mission for Article 51A in the sphere o f pu blic
improving the lives of citizens while upholding administration, it is essential to make a sincere
the highest moral and ethical values. Every new attempt to root out corruption at different levels.
entrant in public service should be administered Secretaries to Government, Managing Directors
a pledge for specifically im plem enting in the Public Sector, Heads of Departments,
Fundamental Duties laid down in Article 51A of Heads of Offices/Field Units should be made
the Constitution. squarely and personally responsible for taking
(ii) All civil servants should be given training in the detailed measures for rooting out corruption in
their assigned areas of responsibility. A set of
implementation of Fundamental Duties. The
guidelines could be supplied to them for strict
courses followed in the training institutions for
compliance. A computerised check should be
civil services for induction training should
kept on proven complaints o f corruption
include a module for such training. This should
pertaining to their areas, as recorded in a
be devised keeping in view their level of operation
Central Complaint Cell, and this should be
in society and on the lines suggested in
appropriately recorded in their personal files and
paragraph 6 above.
should be a determining factor for promotions,
(ili) A ll Heads o f D epartm ents/offices and compulsory retirements, extensions and future
supervisory officers should review the employment. They should be shifted out, if they
implementation of Fundamental Duties in their are found wanting in their presentjob in eliminating
organisations at the regular monthly/quarterly corruption in areas under their control.
review meetings and give suitable guidance and
(ix) Administration at all levels should provide an
directions to the staff.
effective and quick grievance redressal system.
(iv) It should be made obligatory on the part of all Apart from fixing responsibility at every level for
reporting and reviewing officers to make while dealing with grievances there should be an in­
recording the Annual Confidential Report of built mechanism for handling cases of
HATvNDBOOK FOR OPERATIONLIZATION OF CITIZENSHIP VALUES UNDER THE CONTSTITUTION 391

dereliction o f du ty b y pu blic servan ts w h ere a 5.20 T h e above su ggestion s cou ld b e incorporated


p u blic grievance h a s not been red ressed w ithin in th e o p e r a t i o n a l p r o g r a m m e fo r t e a c h i n g
a stipulated time. T h is w ill lead to an attitudinal F u n d a m en ta l D u ties to the civil servan ts a s citizens
ch an ge a m o n g those in the pu blic service. a n d throu gh them to the other citizens.
6
Administration of Justice

K.V. Viswanatrtian

T h e ch apter o n F u n d a m e n t a l D u t i e s in th e abou t the invaluablen ess of the F u n d a m en ta l D uttties,


Constitution o f In dia cou ld appropriately b e called more challenging a s very soon the results w ill b e thhere
the “Ten c o m m a n d m e n ts”. C o u ch ed in the plainest for one a n d all to see a n d relish.
o f w o rd s that E n g lish la n g u a g e can offer, they are
6.2 W h e n w e talk o f adm in istration o f Ju stiace, I
p regn an t w ith m e a n in g a n d content, m a k in g them
beseech you to m aintain a distinction b e tw e e n i the
inviolable a n d n on -n egotiable. “Society” above iS e lf’
efficacy o f the system a n d the resu lt b r o u g h t a b b o u t
m a y b e its e x h o r t a t io n to th e C it iz e n s , b u t it
b y its ab u se. Not a little finger h a s b e e n raised agaainst
con sciously creates a no lo ss a n d all w in situation
the need for la w s to regulate h u m a n b e h a v io u r ,, the
for him , a s in the longer run , b y putting iSociety”
n eed for la w en forcem ent agen cies to protect the
first, it is the “S e lf ’ that sta n d s en h an ced a n d reaps
person a n d property o f the citizens, the n e e d ! for
the tan gible benefits. For the adm in isters o f justice,
law yers to e sp o u se the c a u se o f their clients ; an d
these a re tou ch ston es for ready application an d if
above all the need for an in d epen den t ju d ic ia r ry to
a n y or all o f these c o m m a n d s are u sed a s yard -stick s
adjudicate cases. W e have all o f it in o u r country/. W e
b y the com po n en ts w h o participate in the process o f
are a dem ocracy governed b y the rule o f la w a n d I the
a dm in istration o f ju stice, to test the correctn ess o f
constitution guarantees a n independent judiciary/; we
their actions, they cou ld b e rest a ss u re d that they
have the S u p re m e C ourt at N e w D elh i a n d the FHigh
have disch arged their duty ably an d w ithout blem ish.
C o u rts in all the States; a district cou rt for evvery
B u t w h o are these com pon en ts ? At first b lu s h , w h e n
district a n d courts o f m agistrates a n d civil ju d g e e s in
w e talk o f a d m in istration o f ju stice, it w o u ld a p p e a r
virtually every nook a n d corn er o f the country. T fh ere
that only the M agistrates, J u d g e s a n d L aw yers are
are in very state capital, a legislative a sse m b H y to
p articip an ts in the process. A closer exam in ation
m ake la w s for the state a n d at the centre w e lh ave
reveals th at th o u g h J u d g e s a n d L a w y e rs are the
the P arliam en t, w h ic h m a k e s la w s fo r the em tire
visible particip an ts, w h o app ly la w to a given fact
n a tio n . T h e C e n t ra l G o v e rn m e n t a n d the S ita te
situation, the entire citizenry is involved in this sphere
G o v e rn m e n t a d m in iste r the la w s a n d h av e tlh eir
o f activity. It is the com m on m a n w h o resorts to the
enforcem ent agencies. T h ere are law yers p r a c tic in g
legal process to assert his “right” an d correspondingly
all over the country to help a n d g u id e the citizeens.
to enforce a co-relative iduty" vested in the other.
The system is time tested a n d so u n d a n d people lhave
T h en y o u h ave the la w m a k ers, w h o lay d o w n la w s
utm ost faith in it a s not only that their existeence
that regu late h u m a n con du ct a n d civil servan ts a n d
have not b een qu estion ed, there is a d e m a n d ! for
la w enforcem ent agencies w h o adm inister a n d enforce
establishing m ore courts a n d setting u p o f m ore p<olice
law s. In a se n se the effectiveness o f the process o f
stations. O u r country h a s p ro d u c e d n a tio n -b u ik d e rs
adm in istration o f ju stic e w o u ld b e a qualitative b a sis
o f the g re a test q u a lity in every w a lk o f life -;a b le
to gau g e the v a lu e attached to F u n d a m en ta l D uties
parliam en tarians, police officers a n d civil s e m a n t s
b y the citizen ry . In o th e r w o r d s the m a n n e r o f
of high ability a n d integrity a n d ju d g e s a n d la w y e r s
adm in istration o f ju stic e w o u ld b e a true reflection,
of great intellect.
a m irror im age a s it w ere, o f the quality o f the society.
The target g ro u p , m ay b e w ide a n d varied b u t that 6.3 H aving said that, w e sh o u ld not b e blinid to
only m a k e s the task o f dissem in ating inform ation the realities that exist today. O n acco u n t o f the a b u s e
HAANDBOOK FOR OPERATIONLIZATION OF CITIZENSHIP VALUES UNDER THE CONTSTITUTION 393

of tthe system of administration of justice, for which be he a lawyer, a judge, a police officer or a litigant
eacch one of us is to be blamed, cynicism has set in by broadening his vision and thereby changing his
thee society. Citizens today are mortally scared to approach and outlook to the task on hand.
litiggate for their own rights. The common refrain is Selflessness and Sacrifice - the two main ideals which
thaat, one would not like to be “entangled” in litigation inspired our national struggle for freedom, should
ancd get ‘sucked’ into the ‘vortex’ of the court process, be the spirit in which public duty is to be discharged.
for - a good part of life would be lost in it. For many, The legal community including the law enforcement
ressort to the administration of justice is a ‘far cry’ agencies should come down very heavily upon any
ancd a ‘luxury’ they can ill afford. They say law is the acts of violence, particularly those resulting in
cornvenience of the rich and the lawyer, a person damage to public property, flora and fauna. Threats
enggaged to prove that black is white and white is to Sovereignty and integrity of the Country should
blaack, according as he is paid. The criminal-politician be put down with an iron hand and a collective effort
ne?.xus and corruption among those administering and should be made so that the nation constantly rises
enlforcing the law are freely discussed. Even the to higher levels of endeavour and achievement. One
jucdiciary is not spared, though criticism is in hushed of the ‘Ten Commandments” is to develop a Scientific
tomes. All of it is not false and sadly most of it is true. temper, which in todays context would mean keeping
Wee need not throw our hands up in despair, as we peace with the development of technology. Use of
aree a great nation with vast human resources. The computers and Internet as well as the need for
degeneration ought to be and can be arrested. Where resorting to speedier modes of communication like
thtere is a will, there is a way is an old and oft-quoted e-mail, should be introduced to quicken and render
adiage. It is here that the ‘Ten commandments’ more efficient the process of administration ofjustice.
chiristened the ‘Fundamental Duties’, could be The administrative wing of the court should be
dejployed to perk-up our drooping spirits. headed by officers trained in Court Management
techniques.
6.44 Creating awareness about the importance of
Fuindamental Duties to the constituents of the 6.6 The Supreme Court has already set the trend
prcocess of administration of justice would in itself in adopting the Fundamental Duties as yardsticks
enasure the quality of the end product. This is because for testing the correctness of laws and actions of those
evfery Indian is basically “humane” and has the administering the laws. This approach should trickle
“inmate” quality to put “public rights” or in other down to every judicial officer in the country. A judge
ivoirds, the rights of the society above his personal conscious of Fundamental Duties will surely
de^sires. How else do you explain the co-existence of approach the problem at hand from a broad national
thte citizens of this great country in spite of religious, perspective rather than the narrow aspect of
liniguistic, cultural and hundreds of other diversities? adjudicating individual rights. Consciousness of
“Ti'olerance” is a virtue, which comes naturally to us. Fundamental Duties will help him in unfolding new
Miild sanctions may have to be prescribed to tackle dimensions to legal provisions. He will start looking
srmall aberrations, but they will be only incidental. beyond the letters of the law and search for the spirit,
Thie message that the constitution expects compliance So will a lawyer. He will realise that judicial time
to its “Ten commandments” before any claim to wasted is really public money wasted and he will not
excercise the fundamental right or any other right is unnecessarily prolong the conduct of the case.
raiised has to be conveyed to every citizen. Consciousness about the im portance of the
Diissertiination of information about Fundamental institution, of which he is a part, will dissuade him
Diuties will go a long way in keeping the wheels of the from advising his client to pursue frivolous litigation.
acHministration of Justice well oiled so that the A litigant informed of Fundamental Duties will soon
joiurney is smooth and not turbulent. find that the society no longer fears the court process.
Government is the largest litigant in the country and
6.15 Indoctrinating the importance of the individuals in the government take decisions. Holding
Constitutional Values of sovereignty, socialism, Fundamental Duties dear to their heart, would
secularism, democracy governed by a rule of law, change their attitude too.
social, economical and political justice, liberty,
eqjuality and fraternity and inculcating respect for Who does not want:
thie dignity of individual and constitutional • A strong and independent Judiciary where justice
institutions is bound to transform any individual — is quick and easily accessible to the economically
394 FUNDAMENTAL DUTIES OF CITIZENNS

u n d e r privileged living in the rem otest c o rn e rs of e m p h a sis on F u n d a m e n ta l D u ties m u st b e m n a d e


this big country, c om pu lsory an d s h o u ld b e one o f the criteiu ion
for prom otion to the next year;
• L aw yers w h o ca rry on their ‘p ro fe ssio n ’ a n d not
'b u s in e s s ' a n d w h o v a lu e the interest o f their ♦ M o ot cou rt on is s u e s involving a p p lic a t io r n o f
client m ore th a n their ow n, F u n d a m e n t a l D u t ie s for re s o lu tio n , m u s t t be
• Civil servan ts w h o s h u n the ‘re d -ta p e ’, organised every year a n d participation in it sh oou ld
b e m ade com pulsory;
• A p olice fo rce w h ic h is h o n e st, fe a r le s s a n d
in d e p e n d e n t a n d ♦ Le a d in g m em bers o f the bar, ju ris ts , se rv in g i a n d
r e t i r e d m e m b e r s o f th e h i g h e r a n d th e
• P arlia m e n ta ria n s w h o a re ‘S ta tesm en ’ a n d not
su b o rd in a te ju d ic ia ry m u st b e invited b y evvery
m ere ‘p o litician s’.
la w college to a d d re s s the stu d e n ts on varid o u s
H o w do w e go a b o u t the task o f sp re a d in g the a s p e c t s o f la w w i t h s p e c i a l e m p h a s i s on
m essage a b o u t the im portan ce of the iF u n d a m e n ta l F u n d a m e n t a l D u t ie s . A s c h e m e s h o u l d 1 b e
D u t ie s ”, to the c o n s titu e n c y w ith w h ic h w e a re form ulated b y the u niversity to w h ic h the collilege
concerned. T h e first exercise w o u ld b e to identify the is affiliated, w h e re u n d e r the visiting m em bbers
target g r o u p s a n d th e re a fte r s u g g e s t m e th o d s. are treated a s visiting faculty. T h is w ill e n ssu re
Keeping in m ind the goal o f a n efficient adm inistration that not only the stu d e n ts le a rn in d e p th the
o f ju stic e the target g ro u p s cou ld be: v a rio u s intent o f F u n d a m e n ta l D u ties, b u t the
visiting faculty also gets an op portu n ity to deelve
(a) L a w college teach ers a n d students
deep into the v a rio u s aspects;
(b) L aw yers in c lu d in g govern m en t la w officers.
♦ A s far a s the p e rm a n e n t facu lty m e m b e rs are
(c) J u d g e s c o n c e r n e d , b o th a t the tim e o f t h e ir in ittia l
recruitm ent a n d at the time o f their in-servvice
(d) C o u rt O fficers - T h e adm inistrative w in g o f the
C o u rts prom otion, special e m p h a sis on F u n d a m e m ta l
D uties should be given a n d only those w ith a trrack
(e) L a w m a k e r s , L a w e n fo r c e m e n t a g e n c ie s & record o f contribution tow ard s d isse m in atio m of
Litigants in fo r m a t io n a n d F u n d a m e n t a l D u t ie s , H ike
participation in se m in a rs a n d w ritin g o f articcles
Law College Teachers and Students on the subject sh o u ld b e recruited an d promotted;

♦ M e m b e rs o f the p e rm a n e n t facu lty sh o u ld b e


6.7 L a w C o lle g e s a re in s titu tio n s fro m w h ic h
associated in the process o f continuing educatiion,
L a w y e rs a n d J u d g e s a re p ro d u c e d . T e a c h in g
w h ic h h a s b e e n p r e s c r ib e d h e re in b e lo w for
F u n d a m en ta l D u ties in a n o rgan ised m a n n e r in L a w
l a w y e r s , j u d g e s a n d m e m b e r s o f t h e ll a w
C o lle g e s w o u ld go a lo n g w a y in to n in g u p the
enforcem ent agencies;
Adm inistration o f Justice. Som e suggestions are given
herein b e lo w : ♦ T h e m em bers o f the p e rm a n e n t faculty sh om ld
organ ise sem in ars on constitutional v a lu e s writh
• W h ile recruitm en t stu d e n ts for the la w colleges,
special em ph asis on Fu n d am en tal D uties and ’ the
special e m p h a sis o n F u n d a m en ta l D u ties m u st
h ostin g o f se m in a rs m u st b e m a d e compuls<ory
b e laid in the en tra n c e exam in ation a n d in the
a n d s h o u ld fo rm a c rite ria fo r th e ir fu rtlh e r
viva-voce. Q u estio n s on constitutional v a lu e s a n d
prom otion;
F u n d a m e n ta l D u tie s atleast to the extent o f 50
m a r k s m u s t b e p r e s c r i b e d in th e e n t r a n c e ♦ S tu den ts o f the final y ear a n d the m e m b e rs o f
exam in ation ; the p erm an en t faculty m u st co-opt w ith the lo>cal
b a r a s s o c i a t i o n a n d t h e s o c i a l s e r v 'ic e
• T h e a s p e c ts o f F u n d a m e n t a l D u tie s m u s t b e
organisations like Rotary C lu b a n d the Lions C llu b
ap p ro p ria te ly classified so that b o th in the 3 year
etc. to organize legal clinics to app rise the g e n e ra l
c o u rse a n d 5 y e a r cou rse, this su b je c t is taugh t
citizenry a n d the litigant p u b lic o f the need for
every y e a r a n d the stu d e n ts are exam in ed on the
adherence to F u n d am en tal D uties. In this proctess
su b je c t to a m a x im u m o f 100 m arks;
the executive m ach in ery fun ction in g in the airea
• W ritin g o f m o n o g ra p h s a n d articles on v a rio u s h eaded b y the D istrict M agistrate/C ollector a n d
a s p e c t s o f c o n s titu tio n a l v a lu e s w ith sp ec ia l the police force h e a d e d b y S u p erin ten d en t: o f
HAANDBOOK FOR OPERATIONLIZATION OF CITIZENSHIP VALUES UNDER THE CONTSTITUTION 395

Police should be involved. Participation in a ♦ In all the legal textbooks published by the
minimum number of legal clinics must be made Government, in the college bulletin and the
compulsoiy for enabling a student to sit for the college dairy, the ten clauses of Fundamental
final examination and correspondingly for the Duties should be prominently set out. The pre­
District Magistrate and Superintendent of Police amble to the constitution and the ten clauses of
for their career advancement; article 51(A) relating to the Fundamental Duties
should be prominently displayed in the law
♦ In the interim report of the Justice Verma
colleges and in the universities. January 3 of every
Committee, a salutary suggestion has been made
year should be observed in the colleges as
that biographies of the builders of modern India
Fundamental Duties Day and the students and
should be included in the curricula for schools
teachers must solemnly read out and affirm the
and colleges. Books on stalwarts in the field of
ten clauses of article 51(A) relating to Fun­
law and other leading texts on professional
damental Duties;
conduct and advocacy must be prescribed in the
syllabi of Law College. The following books must ♦ Post-graduate studies on Fundamental Duties
be made a compulsory study : and Award of Doctorate for research work on
Fundamental Duties must be encouraged.
(a) Professional Conduct and Advocacy — By
Sri. K.V. Krishnaswamy Aiyar.
Lawyers including Government
(b) A Statesman among Jurist — Biography
of Sr. Alladi Krishnaswamy by Sri. Alladi
Law Officers
Kuppuswamy. ♦ The practice of subscribing to an oath during
(c) To the Best of My Memory —Autobiography enrolment, which is prevalent in some state bar
of Chief Justice Gajendra Gadkar. councils should be made universal in application.
The oath should lay special emphasis on
(d) My Own Bosewell— Autobiography of Chief constitutional values including the Fundamental
Justice Hidayatullah. Duties. On the day of enrolment, lectures should
(e) My Life Law and Other Things — Auto­ be organized on Fundamental Duties and
biography of Sri. Motilal Setalvad — First participation it must be made compulsory;
Attorney General for India. ♦ Membership in bar association should be by way
(f) Roses in December — Autobiography of of an interview by the officer bearers, wherein
Chief Justice M.C. Chagla. the candidate must be questioned on the various
aspects of Fundamental Duties;
♦ From the first year, to develop respect for the
constitutional institutions, law college students ♦ A scheme must be devised whereby the bar
must be taken on visits to the local courts, High associations are affiliated to the bar council in
Courts and the Supreme Court. For poor and the State headquarters and the bar council must
indigent students, State funding must be provided provide grants to deserving bar associations for
the purpose of conducting monthly seminars on
♦ Legal philanthropists and leading members of the the various aspects of the Fundamental Duties
bar must be persuaded to set up chairs in and also to enable the bar association all over
universities for pursuing research on the various the country to invite men and women learned in
aspects of Fundamental Duties. Tax incentives the field of law to give talks on the content of
for any endowment set up by them should be Fundamental Duties. The scheme should insist
generously given; on the local bar association hosting minimum
♦ Every college must have a monthly bulletin setting number of seminars and talks, the failure of
out the activities of the college and the bulletin which will result in de-affiliation and withdrawal
must carry articles on the various aspects of of grants. The money for the grants should come
from the State Government which may reimburse
Fundamental Duties;
itself of the whole or substantial part of it by
♦ In any activity undertaken by the college in this increasing the stamp duty on every Vakalatnama
regard, the print and electronic media must be and Affidavit filed in court, by a sum not exceeding
associated, so that wide publicity is given; Rs.l;
396 FUNDAMENTAL DUTIES OF CITIZEPENS

♦ The bar association must compulsorily, for ♦ The bar council of every State must publislsh a
retaining its affiliation published a monthly monthly magazine, exclusively devoting one p part
bulletin/magazine; to articles on Fundamental Duties;
♦ Every member to retain his membership in the ♦ Every bar association must prom inerrntly
bar association, must contribute atleast one display the preamble and the ten clauses of >f the
article every year on Fundamental Duties and A rticle 51(A) in the prem ises of the I bar
submit it to the editorial committee of the local association;
bar association;
♦ On 3rd January every year, the bar associatation
♦ The bar association must function in close co­ must organize a function after court hours.s, to
ordination with the faculty of the nearest law commemorate the Fundamental Duties dday.
college as well as in close coordination with the Members of the judiciary must be invited and d the
law enforcement agencies and social service members of the bench and bar must solemmnly
organisations like Rotary and Lions Clubs. The read out the ten clauses of the Fundam ental
bar association in coordination must organize Duties;
legal clinics in villages and towns within its
♦ Dairies, calendars etc. published by the 1 bar
jurisdiction, for the purpose of enlightening
association must set out the clauses s of
the citizens and the litigant public about
Fundamental Duties;
the im portance of Fundamental Duties.
Participation by the members in a minimum ♦ The editorial committee of every bar association
number of such legal clinics should be made must ensure that the gist of every judgmnent
compulsory for continuation of membership applying the principles o f Fundamenntal
and for becom ing officer bearers in the Duties is published in the bulletin of the 1 bar
association; association.
♦ The bar council must supervise the functioning
of the bar association in this regard and prepare Judges
yearly reports and publish the same in its ♦ Criteria for appointment and promotion in the
magazine. Recognition should be given to the bar subordinate judiciary must be framed by the HHigh
association, which had been the most active in Court in such a manner that the incumbennt is
the sphere. Criteria for eligibility to be an office made to focus on constitutional values wwith
bearer in the Bar Council must be framed in such special emphasis on the intent of Fundamenntal
a way that only those who have been Office Duties.
Bearers in their Bar association in the
proceeding year are rendered eligible; ♦ Judges must be trained under any scheme; for
continuing education which the High Court nmay
♦ For appointm ent as public prosecutors, evolve on the following aspects:
government panel lawyers and panel lawyers for
banks and public sector corporations, and for (a) To apply the principles enshrined in the
appointment as any other law officer of the Fundamental Duties as tools of
government as well as for designation as Senior interpretation while interpreting laws ; for
Advocates, participation in legal clinics, seminars adjudication of disputes;
and publication of at least two articles on
(b) To recognize and compensate public interrest
various aspects of Fundamental Duties in
litigants who litigate for enforcing the
, recognised journals should be made a condition
precedent; Fundamental Duties;

♦ The bar council of the State should frame a (c) Mulct with heavy costs those persoons
scheme for compulsory continuous education for who show utter disregard to Fundamerntal
lawyers on various aspects of law with special Duties;
emphasis on Fundamental Duties. There must (d) To award maximum punishment for perssons
be a system of examination of the lawyers at the causing damage to public property, sexxual
end of every course; offenders, persons violating environmerntal
HHANDBOOK FOR OPERATIONLIZATION OF CITIZENSHIP VALUES UNDER THE CONTSTITUTION 397

laws, persons committing anti-national act Law Makers & Law Enforcement
and persons showing dis-respect to national Agencies and Litigants
flag and national anthem;
6.9 The interim report of the Justice Verma
(e) To draft by turn the services of active
Committee in chapter IV has called for enactment of
practitioners as Amicus Curiae for assisting
suitable legislation to require obedience to the
the court in matters involving enforcement
obligations by the citizens, backed by the legal
of Fundamental Duties and recognizing their
sanctions, while at the same time ensuring faithful
services.
and effective implementation o f the existing
♦ Compilation of the judgment of the Supreme legislation. Legislatures and parliamentarians have
Court and the High Court on aspects of the right to introduce private member bills. They must
Fundamental Duties should be made available be inspired to use their originality and creativity in
to every judicial officer periodically; coming out with legislation to further the objects of
Fundamental Duties by identifying the mischief and
♦ Step to set up a judicial academy should be taken
suggesting remedial measures. Similarly the law
and their special emphasis should be laid in
enforcement agencies and civil servants must be
teaching the technique of applying Fundamental
continuously apprised of the importance of the
Duties for adjudication of disputes;
Fundamental Duties . Respect for the institution of
♦ Just as the legislative and executive wing must Judiciary should be emphasised and the need for
show respect to the judiciary, the judiciary must proper and speedy implementation of court orders
also be appraised the compulsion and constraints must be highlighted. Inmates of Jails should be
of the other two organs so that mutual respect is taught the value of adhering to Fundamental Duties
generated for the constitutional institutions; and remission of sentences should be recommended
based on the cooperation of the participant. A wing
♦ Since Article 51A(h) speaks of developing
under the supervision of the State Chief Secretary
‘scientific temper’ which in today’s context would
and the Union Cabinet Secretary must be set up to
mean keeping in tune with the scientific
educate the civil servants and the police. For the
advancement, judges must be trained in the use
Police there exists already academies where they are
of computers and in accessing the Internet so
trained on various matters concerning their
that judicial time is not wasted.
profession. Special attention should be focussed on
Fundamental Duties in academies and in-service
Ctourt Officers — Administrative Wing promotion should depend on their active participation
olf the Court in spreading the message of Fundamental Duties.
Government should set up an institute for studies
6. ..8 The administratrive wing of the court is a very
on Fundamental Duties and offer research
esssential component of the Administration of Justice.
scholarships. As far as the litigant is concerned the
Tlhey must also be conscious of the importance of
legal clinics suggested above should inculcate in him
Fvundamental Duties. They can achieve excellence by the need for compliance with Fundamental Duties.
acdopting court management techniques and by The valuable experience of the members of the
braining themselves in computers and by familiarizing
Law Commission of India should be utilized to
wtith the latest modes of communication. There must
recommend proposed legislations to enforce the
bee a scheme whereby atleast one officer is sponsored
Fundamental Duties. Similarly the research scholars
fosr study in management to the Indian Institute of at the Indian Law Institute and other recognised legal
Mlanagement. Court management must be made as bodies must be requested to publish well-researched
seeparate subject, which would deal with classification papers on the various aspects of Fundamental
off cases and other management techniques so that
Duties.
thiey aid the speedy disposal of cases on the judicial
siide. The officers must be apprised of the values of 6.10 Administration of Justice being a facet of every
Fvundamental Duties during such management civilised society can only be as good as the society is,
cllasses and on their return they must be made to which in turn would depend on how good the citizens
acddress other court staff and by this process the are. A solemn and sincere resolve to adopt the
glhain of learning must be kept going. Fundamental Duties as “code of conduct” to regulate
398 FUNDAMENTAL DUTIES OF CITIZENSTS

our day to day ‘behaviour is bound to ensure greater adherence to Fundamental Duties the moost
mental and social peace and an advancement in the simple and sensible investment one would hauve
quality of life, resulting in complete satisfaction even ever made?
to the inner most recesses of our minds. Is not
7
Business and Industry

Prof Brij Mohan 81 Dr D.N. Saxena

I. Profile of Business Sector: (ii) pursuance as well as promotion of a value based


!Strength and Weaknesses system which embodies not merely protection of
one’s own rights but also rights of others.
In ; a generic sense, the term ‘Business’ covers a wide
speectrum of activities, the central objective thereof 7.4 The success of a business unit need not
beting to generate income, which should in turn lead always be measured merely in terms of profitability
to 1further accretion of wealth in the community. While as such but also in terms of its contribution in the
aimong the individuals and enterprises undertaking area of social action. Business sector is part of the
theese activities there are bound to be a large measure social system. It cannot ignore the over all
of \variations in matters such as form of organization, environment of the system. Indeed, it has to be
natture and variety of products, scale of operations sensitive to prevailing environment and has to make
amd ownership profile, a common thread running all its contribution towards promoting a value-based
thrrough is the quest for maximization of return on social order, caused and sustained by preservation
inwestment on one hand and genuine expectation for of social values that a nation confers upon itself
seccuring an adequate reqard for entrepreneurial through Constitutional rights and duties.
inpputs on the other. Profit motive and its necessary 7.5 The fact is that both the approach and
coincomitant viz. the urge for growth are thus the behaviour of a business unit does influence a very
twiin driving forces that keep on sustaining and indeed large section of the populace. This is because in the
intensifying the dynamism of this sector. very nature of things a business unit has inevitably
7.22 Business accounts for more than fifty per cent to come in contact with a number of operators: buyers
of India’s (Net Domestic Product (NDP) and this and suppliers, intermediaries and facilitators
peircentage has been going up from year to year. This employees and managers, government agencies and
h i g h l i g h t s t h e p r e p o n d e r a n c e o f b u s in e s s their functionaries and investors and shareholders.
setctor in the econom y and also in the society as All of these condition and in turn are conditioned by
a w h o le . business perspective and its operational approach.

7.33 An important point of strength of business is 7.6 Business prospers if and when it has a long­
thcat it does have at its com m and relatively better term perspective and adopts upright practices. Short
m ta n a g e r ia l a n d t e c h n ic a l s k ills as a ls o term gains achieved by deliberate violation of laws of
em trepreneurial urge than is usually the case with the land and/or by disregarding social values that a
otlher segments of the society. This does help it to be responsible citizen is expected to pursue are bound
effficient as well as dynamic. Given the will and to be detrimental to business itself. While these two
coimmitment, there is no reason why efficiency aspect viz. violation of laws and disregard of values are not
of business cannot concurrently be harnessed for misdemeanors of identical nature, the fact is that if
aclhieving two somewhat inter-related goals: a business unit bids good-bye to social values, it then
gets gradually entrapped into a vicious circle. One
(i) realization of sustained and growing profits on lapse leads to another and the seriousness of lapses
one hand, and in respect of observance of a value system keeps on
400 FUNDAMENTAL DUTIES OF CITIZENNS

mounting. A stage then reaches when breaking of them, pays taxes to government honestly and is a&ble
lawrs o f the land tends to assume m ultiple to secure adequate return on investment, it is aalso
dimensions. In a way this is what is presently its duty as a citizen to perform its citizenship dutities
happening on a large scale in India. If one analyses laid out in the Constitution. Business has obligatiaons
the prevailing state of affairs in respect of such towards the community and also towards other fellllow
aberrations as corruption, bribery and generation of citizens. As a profit making organization and as ppart
black money, one would find that the starting point of the social system, it should assist the needy aand
for these aberrations happens to be the unethical poor sections of the community and also abide; by
practice of ‘cutting corners’ with a view to maximizing the Constitutional provisions defining the citizensbhip
gains and thus deliberately ignoring the voice of one’s values, in particular fundamental duties. It shoould
own conscience. What is patently wrong cannot be set examples of good behaviour so that others ill t the
viewed as right nor can a wrong ever be justified by community may emulate them.
the logic that the type of wrong action that one is
7.10 So far, the involvement of business 5 in
indulging in is already being done by others also and
discharging social responsibilities has basically boeen
that too with impunity.
in two fields:
7.7 It is a fact that quite often some business
(a) assistance to selected local communities 5 in
units and entrepreneurs do succumb to the
formulating and implementing communtiity
temptation of resorting to unethical practices and
development and social welfare programmes; eand
then the aberrations so committed become habit
forming. How to deal with the vicious circle of (b) pursuance of ethical and moral standards sand
aberrations is indeed a serious challenge to the for that purpose formulation of model codee of
society. conduct.
7.11 Large business houses, m ega ssize
n. Current Status in Regard corporations, public sector undertakings and seleccted
to Discharging of Social multinational companies do recognize that tlhey
Responsibilities by Business should on their own take up some constructive wcork,
which would improve income earning capacityy of
7.8 Business cannot regard itself as an island unto neighbouring communities and instill in them sppirit
itself: it is indeed part and parcel of society and as of self reliance. It is with this objective in mind tthat
such it has both rights and duties. The Constitution some o f them have taken up c o m m u n lit y
attaches a great deal of importance to citizenship developm ent and social w elfare program m aes.
values. The Preamble states that it ip the people of Generally the pattern is that the parent company ssets
India who have resolved to constitute India into a up a non-profit-making institution — may be a Triust,
Sovereign Socialist Secular Democratic Republic. a Foundation or a Society — charged with the
Having resolved to do so, it is the same people viz. responsibility of undertaking developmental ;and
citizens of the country who should sincerely abide welfare activities. The funding for the institutiom is
by the ideals and values put forth not only in the wholly/largely provided by the parent company itsself.
Preamble but also in the parts dealing with In some cases, the institution may get financial hhelp
Fundamental Rights, Directive Principles of State from other sources also, including project specciflc
Policy and Fundamental Duties. Every right has its funding support from foreign agencies to be utiliized
counterpart in duty. Business is no exception to this on specific developmental and social welffare
equilibrating mechanism and thus business, which programmes and not to be diverted for any otther
gets immensely affected and in turn influenced by purpose. Typical activities taken up by the
the environment in which it operates, has indeed a institutions of this type are in areas suchi as
duty to ensure that environment continues to be agriculture, rural development, social forestry ;and
healthy, friendly and co-operative so as to make environmental control, rural energy needs, sllum
adequate contribution to citizenship values. clearance and housing, education, children welffare,
7.9 While there, is no doubt that the prime duty minor irrigation, family planning, train in g of
of a business unit is to carry out its operations functionaries involved in Panchayat! Raj institutions,
efficiently so that it is able to supply quality products help to physically impaired, vocational training ■and
to consumers at competitive rates, does keep all special schemes aimed at removal of gender bias and
stakeholders happy through its honest dealings with improving the quality of life of women, adlvaisis,
•HHANDBOOK FOR OPERATIONLIZATION OF CITIZENSHIP VALUES UNDER THE CONTSTITUTION 401

meembers of scheduled castes and scheduled tribes 7.14 In India too, important chambers of commerce
&nad economically backward persons. and industry associations have taken initiative for
formulating norms of ethical conduct for business
7.112 In addition to individual companies, some
dealings. Given below is a list of norms culled out
impportant cham bers o f commerce and industry
from the codes formulated by two chambers of
asssociations — basically national and regional ones
commerce and industry: Federation of Indian
— have also set up institutions charged with the
Chambers of Commerce and Industry ( FICCI ) and
ressponsibility of formulating community development
PHD Chamber of Commerce and Industry ( PHDCCI).
anod social welfare programmes. Part of the funding
for - the institutions is usually provided out of the • The codes form ulated by chambers and
chaamber's own budget and the remaining is raised other agencies are essentially self-regulatory
by persuading individual members of the chamber. guidelines and not in the nature of mandatory
In tsome cases the institution concerned may succeed instructions. It is for each organization to consult
in f.getting funding support from other sources also, one’s own conscience and convenience and
inccluding foreign agencies. It is tied aid and the then take a decision as to which of the suggested
prooceeds have to be utilized only for specific projects/ norms set out in a code, should one implement
schhemes agreed between the donor agency and the and how should the implementation process be
reccipient one. Any departure from this is not only managed.
unaethical but also against the legal provisions
• Business should conduct its operations in a
govverning the inflow of foreign contributions.
m a n n e r t h a t e a r n s t h e g o o d w i ll o f a ll
7.113 An important development that has emerged c o n c e r n e d — the em ployees, customers,
durring the decade of nineties is the concern shown shareholders and other individuals and
by 1Indian business for upgrading ethical standards organizations and society as a whole.
in 1business dealings and thus to acquire for itself a
• Quality is an important aspect o f products. It
bettter image both at home and abroad. There are
is also essential that quality standards are
twoo reasons for this. Firstly, economic reforms and
properly maintained and, to the extent possible,
ljbeeralized policies initiated in India since the
upgraded. However, one should never claim
begginning of the decade have resulted in reduction
what one does not possess and that applies to
of aa number of regulatory and licensing provisions,
quality also. An — claim on any substantial
witJth the result that a new environment has emerged
point will do to image as also to business itself.
in vwhich business has now an opportunity to play a
Once image gets tarnished business is bound to
moDre active and constructive role in a variety of areas,
suffer.
inchluding the area of social action programmes based
pn ' ethical values. Secondly, at the global level also, • Honesty and uprightness on all crucial points
the; desirability of the business sincerely pursing and dealings should be the m otto for all the
fug^ier ethical standards is being emphasized. Several business units.
governmental' and non-governmental agencies of the
• Business should avoid publishing m isleading
deweloped countries have come out with suggestions
advertisements.
thait for the elimination of corruption and pursuance
by 1business of practices that would elevate ethical • Business should use knowledge and experience
stamdards to a higher level, codes or guidelines for for upgradation o f quality o f life. All business
ethiical conduct should be prepared and the business must combine the quality o f private excellence
fehoDuld then be persuaded to comply with them. for public good.

tiExxamples of codes/guidelines suggested by foreign governmental and non-governmental agencies are given below :
ftulees of Conduct to Combat Extortion and Bribery adopted by International Chambers of Commerce and Industry (ICC) in 1996. ICC’s
rulees of conduct are of general nature constituting what is considered as good commercial practice in matters to which they relate but
are \without legal effect.
OECCD's Anti-bribery convention signed by 29 members countries plus Argentina. Brazil, Chile, Bulgaria and the Slovak Republic.
Trarnsparency * proposal for introducing an Integrity Pact.
LIMAA Declaration : A declaration conducted at the 8th International Conference held from September 7 to 11, 1997In Lima, Peru. The
Conhference was attended by representatives of 93 countries.
I402 FUNDAMENTAL DUTIES OF CITIZENNS |

It is the responsibility of business: O Religion, region, caste and/or language oni an


executive to have no influence on the workimg in
■=> to maintain accuracy in weights and measures
his official capacity.
in respect of goods offered for sale.
O Each and every employee to refrain from takking
%> to ensure that warranty of a product or service is
decisions in respect of which he/she believes 1that
based on adequate data or test.
he/she will benefit any particular person or paarty
O to ensure that products conform to specified at the cost of public interest.
standards or accepted norms in regard to safety
■=> Each and every employee to disclose any classh of
of products.
interest when there is conflict between public: and
■=> to provide after-sales service for consumer private interest on one hand or when he /shie is
durables. likely to benefit from any act of omissiom or
commission on his part on the other.
O' n o t to m a n u fa c tu re , store or sell a d u lte ra te d
goods and Empployees should be alert to any actw al/
potential conflict o f interest, fin an ciall or
O not to deal knowingly in spurious or smuggled
otherwise, and should disclose this to superiiors.
products.
^ Each and every employee to maintain tiis//her
7.15 For public sector enterprises*, a separate Code
independence, dignity and impartiality by not
of Conduct and Ethics has been drafted. The
approaching politicians or outsiders.
principles incorporated in the code are basically
addressed to Chief Executive, Executives, Managers ■=> Consistent with accountability to s u p e rio r
and other employees o f the PSEs. Important authorities, em ployees should practtice
principles are summarized below: accountability to the public in terms of equEality
of service, timeliness, courtesy, people orientaition
& Each and every employee" of PSEs should
and readiness to encourage participatiorn of
maintain the highest standards of probity and
partnership with citizen groups.
integrity.
O Each and every employee should be consistent,
O While recommending any action, each and
equitable and honest in his/her treatment off the
every employee should uphold rule of law and
public with particular care for the weaker section
respect for human rights solely in the public
of the society.
interest.
O Decision of employees in pursuit of discretiomary
O Decision taken by each and every employee to be
powers should be justifiable on the basis of mon-
objective and transparent and should not appear
arbitrary and objective criteria.
to be partisan promoting improper gains to
political party in power or for themselves or for O Each and every employee should recognize and
anyone else. enforce customer’s right for speedy redressfal of
grievances and should commit oneself to prowide
O It is the duty of all employees not to frustrate or
services of declared equality and standardls to
undermine policies, decisions or action already
customers.
taken by ‘higher authorities', particularly those
decisions, which have been judged as being in <=> Employees to respect the right of publitc to
public interest. information on all activities and transactions
o f the organization except where they are
O Where an employee has reasonable grounds to
debarred in public interest from releajsing
believe that he/she is being required by the
information.
superior authority to act in a manner, which is
illegal, he/she should in that case decline to O Each and every employee to avoid wastage and
implement on the recommendation of the superior extravagance. In case of disputes or grievanices,
authority. efforts to be made to resolve them quickly'. No

r The same code would be applicable to officers and employees of administrative ministries concerned with public sector enterprises.
** The term employees may be taken to mean CEO, executives and employees of public sector enterprises.
| h a a n d b o o k f o r o p e r a t io n l iz a t io n o f c it iz e n s h ip v a l u e s u n d e r t h e c o n t s t i t u t i o n 403

unlawful stoppage of work or damage to the assets discussed so far. The financial sector institutions
of the PSE's to be resorted to. do not get involved in setting up Community
Development Programmes. In their case, whatever
^ Employees not to abuse their official position to
assistance they wish to provide to weaker sections of
obtain a benefit for themselves or for anyone else.
the community, it is given by way of instrumentality
They must take decisions on merit.
of lower interest rates. For example the differential
Each and every employee should treat it a duty rate scheme, which the banks have to undertake at
to continuously upgrade his/her skills and the behest of government, provides funding support
knowledge, strive for creativity and innovation to weaker section families at a rate which is
and nurture the values of team working and consideerably lower than normal interest rates. Some
harmony. banks, however, do provide direct grants for certain
specific purposes — say, for example provision of
■=> Each and every employee to promote and exhibit
scholarships to needy students belonging to
public and private conduct in keeping with the
Scheduled Caste category or a chair in finance.
appropriate behaviour and standards of
Usually schemes of this type are restricted to certain
excellence and integrity.
selected districts — in most cases the lead districts
Each and every employee to support the juniors of that every bank which is providing the funding
in the latter’s efforts to resist wrong or illegal support for specified causes.
directives and in abiding by the code of ethics. At
7.18 As a result of initiative taken by a non­
the same time, each and every employee should
governmental organisation named Consumer
reward good work and punish the dereliction of
Coordination Council, 24 commercial banks and
duty and obligations based on objective and
6 insurance Companies have prepared ‘citizens’
transparent criteria.
‘charter’ whose main objective is to improve customer
7.116 The code of ethical conduct drafted for PSEs service. However, an evaluation survey recently
foetuses on principles and in this respect is somewhat undertaken by a non-governmental organisation had
of an improvement over those formulated by indicated that the awareness of citizen’s charter was
chiambers and industry associations. While the largely confined to senior executives of banks and
desirability of prescribing norms such as 'honesty’, that the staff and other employees, including those
‘transparency', 'maintenance of high standards of at the desk level, had no knowledge about even the
prcobity’ and ‘integrity’ is emphasized in the codes of existence of the charter.
bo'ith viz. chambers Eind association on one hand and
7.19 Ethical codes or for that matter citizens’
PSjE’s on the other, what distinguishes the code of
charters have a meaning only if they are implemented
thte latter is the specific inclusion therein of such
by businessmen, or for that matter by financial
no>rms also as summarized below:
institutions, with a measure o f sincerity and
^ to uphold rule of law and respect for Human thoroughness. These codes are not mandatory and
Rights: it is for each individual unit to decide whether to
adopt the norms or just hang them on the wall for
to maintain dignity and impartiality and not to
display only and pursue the ‘business as usual’ path.
approach politicians or outsiders;
7.20 The slogan of ‘Ethics is good business’ is a
to be accountable not merely to superiors but
well designed one and there is truth in this maxim.
also to public;
A businessman, who earns the image of an honest
to take particular care for weaker sections of the and upright dealer does not have to look for
community; customers, the latter themselves like to deal with him.
Thus, honesty and pursuance of ethical standards
^ to continuously upgrade skills and knowledge;
can fetch good dividend to that businessman, who
and
has earned a good image as an honest dealer.
^ to attain standards of excellence and dignity.
7.21 It is a great pity that efforts put in by business
7--17 The involvement of financial sector viz. in the form of Community Development and Social
po>mmercial banks, insurance companies and other Welfare Programmes as also by way of compliance
fimancial institutions in social action programmes with ethical codes have so far not been commensurate
folllows a pattern different from that of business units with the economic status that this sector enjoys in
404 FUNDAMENTAL DUTIES OF CITIZENJMS

the community. The number of companies that non-governmental organisations also, not muuch
have set up these programmes is believed to attention was devoted to this subject for almos'st a
be woefully small. One only hopes that those decade after its incorporation into the Constitutidon.
who actually manage these programmes are It was in 1986 that Citizenship Development Sociciety
fjrofessionally competent and plan the activities (CDS), a non-governmental organisation undertaook
in a scientific manner so that wastage of funds is a couple of studies on Fundamental Duties a and
avoided. thereafter organised a Seminar in Delhi. A year laater
it again organised another National Seminar on JJuly
7.22 It appears that full significance of citizenship
4 and 5, 1987 at Bangalore in collaboration wvith
obligations, as defined in the Constitution, is either
Gokhale Institute of Public Affairs. At the end of t' the
not understood fully by business or that it is not
Seminar a Declaration entitled ‘Bangalore Declaratition
adequately aware of the Constitutional provisions
on Citizenship Development and Fundamenntal
relating to Fundamental Duties.
Duties’ was issued. The Text of the Declaration v will
be found at Flag in Annexure. Since then CDS hhas
m . Constitutional Values and been relentlessly working to propogate the ideal sis of
their Relationship with good citizenship. An extremely valuable contributition
Citizenship Obligations that CDS has made is a wonderful book entitltled
“Citizens and the Constitution — Citizenship valiiues
7.23 The fact that the public awareness regarding under the Constitution” written by Shri. Subhaash
Fundamental Duties has all these years been low C. Kashyap, a former Secretary General, Lok Sabbha.
has indeed been the biggest stumbling block in It is a masterly document and has been discussed d in
operationalizing the values and ideals enshrined in a variety of forum, including at a symposiuum
Article 51A of the Constitution. There are several organised by CDS in collaboration with Inodia
Reasons for the lack o f public attention on International Centre, Dharam Hinduja Internationnal
Fundamental Duties. For one thing, it was not in the Centre of India Research and Rastriya Jagr*riti
Constitution as originally enacted and was Sansthan on 2 March 1998 at New Delhi.
incorporated into it in November 1976 as part of the
Forty-second amendment. The logic behind the
IV. Fundamental Duties: A Natural
introduction of a new Article 5 1A in the Constitution,
as argued in the Swaran Singh Committee Report, Corollary of the Preamble and
was that fundamental freedoms as guaranteed by Parts m & IV of the Constitution
Fundamental Rights and the kind of socio-economic
7.25 The Preamble is a masterpiece in brevity aand
order as visualised in the Directive Principles would
concurrently in comprehensiveness. As the sayVing
be achievable only if citizens do recognise their own
goes, it captures in a small vessel the vastness of f an
duties towards the state as also towards fellow
ocean. In just 89 words, it enumerates essentitial
citizens. This logic did have a great deal of
features and values of the constitution on whiiich
significance. Yet, the fact remains that Article 51A
citizens o f India had resolved to build tth e
was introduced at a time when at the political level
superstructure of India’s sovereign Socialist Secuular
some other issues had led to a bitter controversy.
Democratic Republic. In terms of this resolve, itit is
The emerging environment at that time was thus by
the duty of each and every Indian citizen to ensuure,
ho means a propitious one.
through his/her actions and through vigilance : on
7-24 Fundamental Duties as they now exist in the his/her part, that the kind of Nation that tthe
Constitution are not enforceable by courts. In the Preamble has defined, does indeed emerge aand
public mind a mistaken notion thus did exist, and to continues to remain so. The Preamble then goes >on
pome extent does continue to exist, that a provision, to define certain ideals that citizens should, all t the
which is not enforceable by law and which, therefore, time keep in the forefront and should strive i to
is not going to attract, in the event of violation, any promote, the ideals being Justice, Liberrty,
punishment as such is harmless and not worthy of Equality and Fraternity. It is thus the duty/ of
great concern. Then, again neither Government nor each and every citizen to work for the promotionn of
Parliament did make any serious effort to popularise these ideals and to pursue them in his/her dalaily
|the implications of Fundamental Duties. Among the conduct.
H HANDBOOK FOR OPERATIONLIZATION OF CITIZENSHIP VALUES UNDER THE CONTSTITUTION 405

7.5.26 Part III of the Constitution deals with country. It is the duty of the State, albeit not
Fuundamental Rights of citizens. Main groups of enforceable by courts, to pursue policies and
Rifights are: programmes in line with the principles indicated in
this part of the Constitution. One may ask: Where
1. . Right to Equality (Articles 14 to 18)
and how do the citizens come into it? Citizens have a
2. . Right to Freedom (Articles 19 to 22) right to expect that the State will devise appropriate
policies and programmes to implement the ideals set
3. .Ttight Against Exploitation ( Articles 23 and 24 )
out in these principles. Concurrently, citizens have
4. . Right to Freedom of Religion (Articles 25to 30) a duty too: a duty towards the State to give to the
latter all cooperation and support in its endeavour
5. . Cultural and Educational Rights (Articles 29 &
to implement effectively the Directive Principles.
30) a n d
7.29 The citizen s’ duties as discussed in
6. . Right to Constitutional Remedies, These are in
paragraphs 7.25 to 7.28 are in the nature of derived
the nature of elaboration of the values set out in
duties as they indirectly flow from the Preamble,
the Preamble in particular those relating to
Fundamental Rights and Directive Principles. In
Justice (social, economic and political) Liberty (of
contrast to them, there are specifically stated duties
thought, expression, belief, faith and worship) and
also which are contained in Article 51A of the
Equality (of status and opportunity).
Constitution and are termed as Fundamental Duties.
7.1.27 It is the bounden duty of state to safeguard They were inducted into the constitution some 27
evevery one of the rights and to ensure that the spirit years after the initial enactment of the Constitution
belehind them is duly and sincerely tranlanted into in 1949, the reason being that experience of the
aciction. Basically, they represent duties of the State. working of the Constitution during that period had
shown that unless citizens themselves did recognize
However, as one examines them closely, one
their own responsibility in respect o f the
wo^ould find that in the case of various articles of
implementation of Fundamental Rights and Directive
Fuundamental Rights, an element of duty on the part
Principles, the kind of socio-economic milieu that the
of (f citizens also exists. This is illustrated by citing the
country was aiming to achieve would never
fobllowing examples:
m aterialize. Thus Fundam ental Duties were
• Article 15(a) — Prohibition of discrimination on conceived as a natural corollary of the provisions
grounds of religion, race, caste, sex or place of regarding Fundamental Rights and Directive
birth: Apart from the State following a policy that Principles. It was indeed as well that it was done for
would prohibit any discrimination, it is the duty the simple reason that collectively the ten clauses of
of each and every citizen also not to practise Fundamental Duties and Derived Duties taken
discrimination in his/her own conduct. together now constitute a fairly realistic and forceful
charter of duties, covering all angles of citizens’
• Article 17 - Abolition of untouchability: It is the
constitutional obligations.
duty of each and every citizen not to practice
untouchability. 7.30 Fundamental Duties as set out the
Constitution have 10 clauses which can be grouped
• Article 18 — Abolition of titles : It is the duty of
under four broad categories indicated below:
each and every citizen not to accept titles
conferred by foreign states without obtaining • Duties of patriotic character;
permission from appropriate Indian authorities. • Duties requiring citizens to pursue noble ideals
• Article 23 — Prohibition of traffic in human beings in their social behaviour;
and forced labour: It is the duty of each and • Citizens to protect and improve environment; and
every citizen not to act in contravention of this
• Citizens to adopt development oriented outlook.
article.
7.31 Category I above covers clauses (a), (c), (d),
7.r.28 Part IV of the Constitution deals with Directive
and (i) of Article 51A.
Principles of State Policy. Unlike Fundamental Rights,
DUirectlve Principles are not enforceable by courts. & Out of these and indeed out of all the ten clauses,
Hdowever, the principles indicated therein are that part of clause (a) which asks the Citizens to
neevertheless fundamental in the governance of the abide by the constitutional ideals is indeed the
406 FUNDAMENTAL DUTIES OF C IT IZ E N S

most far-reaching one. Its implication is that Clause (e) asks citizens to promote harmony tand
citizens have to pursue not only all the duties spirit of common brotherhood amongst all the pteoople
that are listed in Article 51A but also the Derived transcending religions, linguistic, regional or sectcoral
duties flowing from the Preamble, Fundamental diversities and renounce practices derogatory t o the
Rights and Directive Principles. In addition to this dignity of women. India is a pluralist society in whiich
it also asks citizens to respect the National Flag there are diversities in matters such as languaage,
and the National Anthem. Both the Flag and the food habits, religions etc. Despite these diversities
National Anthem are not mere symbols. They are there is fundamental unity in the country and the
much more than that; they represent sovereignty result is that India is one of the countries whicHi is
honour, ideals and values that the nation has known to be a genuinely secular republic. Anotther
committed itself to protect and respect. pointy referred to in clause (e) asks citizens to abj jure
gender discrimination and ensure that women are
Clause (c) is mainly designed to remind citizens
treated properly and with dignity.
that the Preamble of the Constitution contains
resolve made by citizens that India shall be a Clause (f) asks citizens to value and preserve the
Sovereign State meaning thereby that sovereignty rich heritage of India’s composite culture. Indiia’s
— the supreme power — shall be with the citizens culture has always accorded the highest ratingg to
themselves and that they shall secure for the moral values. A Society which has been in existernce
community Justice, Liberty, Equality and for almost five thousand years has rich and compoasite
Fraternity assuring the dignity of individual and heritage. The point emphasized in this clause is; tthat
the unity and integrity of the Nation. citizens of today must treat past heritage as an
invaluable treasure.
O Clause (d) asks the citizens that in case of war or
external aggression citizens of the country should 7.33 Category (iii) deals with clause (g)) of
be prepared to respond call made by the Article 51A.
community for defence.
Citizens are asked in this clause to protect aand
O Clause (i) refers to two basic obligations and asks improve natural environment, including for essts,
citizens to honour them. One: they should adjure lakes, rivers and wild life and to have compasssion
violence and pursue the path of non-violence. for living creatures. There is no doubt at all thait if
Gandhiji pursued this path and preached this degradation of environment continues to take pliace
noble precept all his life. There is great truth in at the level at which it currently is, the comring
this precept. Non-violence does not mean generation will face a grim battle for getting to txake
achieving the objective by cowardice or steps to stop further degradation.
unwarranted submission and surrender: it
7.34 Category (iv) covers two clauses : claiuse
implies achieving the objective by reasoning and
(h) and clause (i)
persuasion. The second point made in clause (i)
is safeguarding of public property. A patriotic Clause (h) asks citizens to develop scientific tempper,
humanism and spirit of inquiry and reform. In todsay’s
citizen should honour this duty to the best of one’s
abilities. world technology is changing fast and if India h ais to
keep its head high and attain an appropriate posittion
7.32 Category (ii) above covers three clauses of
in the comity of nations, its citizens then have; to
Article 51-A, these being clauses (b), (e) and (f).
develop scientific temper.,
In clause (b) citizens are asked to cherish and
Clause (j) in a sense reiterates the same pointt as
follow noble ideals which inspired the national
in clause (h) viz. modern- day Indian citizen should
struggle for freedom. Citizens are thus reminded
strive to achieve excellence in all spheres of indivldlual
about the spirit of selflessness and sacrifice that
and collective activity so that Nation constantly riises
inspired freedom fighters. Their moral fibre was of a
to higher levels of endeavors and achievement.
different kind. Non-violence was the guiding motto
for them and ultimately India won the freedom 7.35 Clauses of Fundamental Duties discusssed
struggle and what is even more important is that above cover a wide spectrum of moral and ethiical
immediately after the second World War, several other values and obligations, important ones be:ing
countries, rules by colonial powers, also achieved developing patriotic fervour and love for one’s oown
their independence. country: sincere adherence to duty with a sensfe of
f HANDBOOK FOR OPERATIONLIZATION OF CITIZENSHIP VALUES UNDER THE CONTSTITUTION 407

deievotion and commitment; inculcating noble ideals confer rights on citizens but from them flow citizen’s
of )f courage, sacrifice, selflessness and single-minded duties also. In a way, the same is the case with
ackdherence to truthfulness and fair means; tolerance Directive Principles. Similarly from Fundamental
arand openness to views of others; appreciation of Duties flow certain values and obligations. Thus,
In ndia’s culture and heritage; promotion of national there is a logical linkage between the Preamble and
inmtegration and unity; concern for environment and Parts II to IV-A of the Constitution. One gets the true
wmld-life; abjuring violence; promotion of equality, meaning of constitutional values only when one looks
secularism and common brotherhood; developing at them as a composite charter of obligations and
scientific outlook, humanism and the spirit of inquiry values. This is the correct way of looking at
arand striving to achieve excellence all along the line. Fundamental Duties and it is necessary that
ThTiese are all inter-connected values and eveiy citizen adequate public awareness is created in this respect.
owwes it to the community to pursue them with
sir.incerity and imbibe them to the best of one’s own • Internalisation
caiapabilities.
7.39 There is a saying that charity begins at home.
7. ".36 Is each one of the duties and values flowing
This can be modified to state that the task of covering
frcrom Article 51 -A relevant to business ? The answer
the awareness gap should begin at home. In a typical
is 3 “yes", with the reservation that some may well be
business unit — ranging from small scale units to
maiore relevant at a given time and for given segments
mega size corporations — one can identify three layers
of f the society than others. In other words at the
of core functionaries:
opiperationalizing stage, practical considerations may
we/ell suggest a measure of prioritisation but the long (a) top leadership;
tererm objective should be inculcation of all the values
(b) medium scale executives; and
byy every citizen of the country, including those
enngaged in business. (c) other employees including workers at the floor
level.
V.r. Steps for Operationalization The role of top leadership is crucial in making a
business unit a success — success measured not
• Essential elements of action plan:
merely in terms of profit and loss account and balance
7.C.37 For speeding up and strengthening of the sheet but also in terms of quality, industrial harmony,
op<perationalization process, it is necessary for a unit’s image and also social performance. The top
buusiness unit to work out a strategic plan, essential leadership by its dexterous handling o f the
elelements thereof being the following : functionaries in the other two layers would usually
be in a position to influence the latter, particularly
(a) i) Internalization of the concept of Fundamental
in matters such as social action field. By virtue of its
Duties against the perspective of constitutional
long experience in business and interaction at top
values and culture.
level with other segments of the society, the top
(b))) Education and training and possible role of leadership of a unit, in all likehood, may well be aware
management schools in this regard and of the constitutional ideals and values and thus it
can play an adequate role in spreading the meassage
(c ):) Role of chambers and industry association in
of constitutional values within the unit, easily and
helping business sector in the task of
effectively. Once the process of internalisation of
operationalization.
constitutional values has been completed then the
• Awareness Gap process of application of those values to business
operations would also become easy.
7.3.38 In an earlier part of this paper it has been
• Community Development and Social Welfare
statated that the lack of public awareness regarding
Programmes:
connstitutional values and obligations has been the
bigiggest stumbling block in operationalizing the values 7.40 Some business units have already been
anend ideals enshrined in the constitution and that making a measure of contribution by :
system a tic efforts are called for to alleviate the
teitituation in this regard. Rights and Duties are • serving the community by taking up Community
insiseparable from each other. Fundamental Rights do Development and Social welfare Programmes and
408 FUNDAMENTAL DUTIES OF CITIZENE4S

• making an effort at implementing ethical codes such other considerations as nature of activity aand
in business dealings. However, as mentioned kind of products or services which Eire predominanntly
earlier, in both these areas, the effort put in so covered by a chamber on the other. The formulatidon
far by the business sector as a whole is in the of appropriate codes is not the end of the journney.
nature of merely scratching the surface. A single The journey would be deemed to have started onnly
sparrow does not make a spring. This should not when the authors of the codes and their constituennts
be taken to mean that no one is making a comply with them in both belief and deed.
worthwhile contribution. There are some business
• Prioritization in Respect of Fundamentital
houses and corporations which are sincerely
Duties
doing something on their own for the upliftment
of the weaker sections of the community by taking 7.42 As mentioned earlier, the ideal situation wouuld
up these activities but their number is woefully be one in which each and every one in India hhas
small. Hence as one looks at the business sector, reached a stage at which every one is fully conversaant
one does come to a disappointing conclusion. with values enshrined in the clauses of Article 511 -A
There is need for enlightened business leaders to and does indeed adhere to each one of them in onne’s
do some hard thinking about this state of affairs actions. This is, however, an extreme position aand
and step up activities by way of greater may not be practicable, or even necessary, in acticual
involvement in community development and life. However, what may serve the purpose is a systftem
social welfare programmes. In this context, it will of prioritization of obligations and values as containned
be useful to get a director (or more than one in ten clauses of Fundamental Duties, the criteririon
directory) compiled, giving an account of the for prioritization being relevance of selectted
activities taken up by business units in this obligations, values to the nature of activity that t the
regard. It is suggested that the task of compiling sector is engaged in. Applying this propositition,
the directories) should be undertaken by three clauses (j) and (h) would be the ones which would i be
national Chambers o f Commerce - FICCI, most relevant for business sector: clause (j) requiriring
ASSOCHAM and C II. They are in a position to citizens to strive to achieve excellence in all spheeres
request assistance of Regional and other of individual and collective activity so that the natition
chambers in the task of compiling directory/ies. constantly rises to higher levels of endeavor aand
The biggest advantage of such a directory would achievement. So far as clause (h) is concerned, t the
be that it would generate enthusiasm among citizens are asked to develop scientific tempper,
others to set up similar projects and programmes humanism and the spirit of inquiry and reform.i. It
and thus the activity by way of setting up new should be the endeavor of business to pursue t the
projects and programmes would get a boost. tasks assigned in these two clauses with sincerrity
and commitment, so that on one hand the ratee of
• Codes of Conduct
technological development may get accelerated aand
7.41 Norms incorporated in existing codes, of on the other the urge for excellence may enable 1the
conduct formulated by chambers and other similar Nation to scale new heights. In addition to clausess (j)
organisations happen to be restricted in contents in and (h), clause (g) has also a measure of relevancee to
the sense that quite many constitutional values and business. This clause calls upon citizens to protitect
obligations do not figure at all in the existing codes. and improve the natural environment. Businaess
One gets the impression as if authors of codes are sector should play its due role in this field also.
not even aware of ethical values and obligations
• Education, Training and Possible ro le ; of
enshrined in Article 51-A. Paragraph 7.35 of this
Management Schools
paper indicates in a summary form the contents of
constitutional values and obligations. A comparison 7.43 Education aind training are important inpouts
of those with chambers' existing codes would show for creating awareness in the community regardding
that the latter are deficient in several respects. It is Constitutional Rights, Duties and Values. IThe
suggested that chambers and industry associations preceding chapters have dealt with, at length, relevvant
should have a re-look at their existing codes and then issues relating to value education which would coover
come out with model ones which can be the basis for inter-alia constitutional values and obligations aklso.
formulating suitable codes, duly taking into account For those engaged in business, the appropriate meedia
constitutional values on one hand and locational and for imparting values and issues connected with vaalue
I HANDBOOK FOR OPERATIONLIZATION OF CITIZENSHIP VALUES UNDER THE CONTSTITUTION 409

ecducation would be discussion groups, seminars and There are several issues which individual business
wvorkshops. It would also be desirable to tap the units may not be able to sort out on their own. Herein
exxpertise of institutions like management schools and comes the importance of representative institution
siiimilar institutions in this regard. of business viz. chambers and associations. They
should give a lead to their members and use their
• ■ Role of chambers and Industry Associations
initiative for organizing conferences, seminars and
7.’.44 Chambers of commerce and industry workshops wherein the focus of discussion would be
asssociation are the formal spokesman of business. constitutional values and obligations.
8
Media and Citizenship Duties

Shri Prem Kumaar

Constitutional Goals a vital role in our national life. Inspite of creepining


commercialization, it has by and large maintaineied
The Constitution of India is the supreme law of the its concern for public interest. Although most of thhe
land. We, the people of this country .gave this media is in private hands, it is performing vital publolic
Constitution to ourselves after we became free from functions. The freedom of the media is a species c of
foreign yoke. It is not only our fundamental law but the larger right of the free speech and expressionn.
also a charter of our social, political, economic and Article 19 of ‘A Universal Declaration of Humaan
cultural values. The Constitution incorporates Rights’ which has laid down essential freedoms thaat
enforceable Fundamental Rights. It also contains all mankind should enjoy provides : “Everyone has ththe
social and economic Human Rights as Directive right to freedom of opinion and expression, the rigl^ht
Principles of the State Policy and makes them includes freedom to hold opinion without interferennce
fundamental in the governance of the country. and to seek, to receive and impart information annd
Articles 36 to 51 of the Constitution give a blue print ideas through any media regardless of frontierss”.
for the welfare of the State. These articles, inter alia, Several rights emanate from this article like: (a) thhe
aim at securing a social order, promoting equality of right to seek and receive information and ideas froiom
sexes, organising democratic local government, within the country and from abroad, (b) the right t to
providing an uniform system of laws, promoting impart information and ideas from within the countitry
education, health and a reasonable standard of living. and abroad, (c) the right to seek and receivive
information and to impart information and idesas
Freedom of Speech through any media whether print or electronnic,
(d) the right to form and hold opinion on the basis 6 of
8.2 Article 19 of the Constitution of India information and ideas received from within thhe
guarantees various civil rights to the citizens of this country or from, abroad, and (e) the right to do s so
country. These are common law rights and are without any interference.
recognized and guaranteed as the natural rights and
the fundamental in nature. Article 19(1)(a) of our 8.3 Freedom of communication involves twwo
Constitution guarantees to all the citizens the right aspects, one ‘the right to know’ and the other ‘tithe
to freedom of speech and expression. right to communicate’. In propagating the knowledge
about these, the journalists, the press and the meddia
in general have a vital role to play. They are thhe
Media’s Freedom watchdogs of the rights. The communication couuld
Media which includes television, radio and the press be made through any medium, nowspapers ( or
is one of the most effective means of mass movies. Because of such wide impact on the sociefcty,
communication in creating public opinion and also the media should become conscious of thhe
in arousing popular conscience. It is watched by satisfactoiy discharge of its constitutional obligationns.
people of all ages at all places in the country. It is a 8.4 It is clear that the idea of a Human Righhts
great instrument for public good and can be a public only makes sense if we acknowledge the duty of £all
curse if directed to anti-social objectives. It has played
people to respect it. Human relations are universaUlly
hHANDBOOK FOR OPERATIONLIZATION OF CITIZENSHIP VALUES UNDER THE CONTSTITUTION 411

baised on the existence of both rights and duties. This 8.6 Talking of social responsibility, exposure of
gojlden rule is incorporated in the Fundamental corruption, particularly in public sphere, is indeed a
Prrinciples for Humanity proposed by the Inter Action duty of the media. In the political sphere it becomes
Ccouncil to the United Nations a draft — ‘A Universal the duty of the media to promote national unity and
Deec.laration of Human Responsibilities’. Bearing in national integration. In matters of communal
miind the Golden Rule, the media has to inculcate in reporting, the media must observe restraint and
thie masses the sense of fulfilling their societal reports must not fan communalism and should be
obligations. The media has to educate the people that directed towards promoting communal harmony. The
freeedom can never be exercised without limits. media must deal with social and economic conditions
Urnrestricted freedom poses grave dangers. Great of the country in the proper manner. The media
social injustices have resulted from extreme economic should expose all social, religious and caste
freeedom and capitalist greed: prejudices. The media must champion the cause of
exploited sections of the people. Media should also
MIedia’s Limitations inform the people of the economic condition in the
country. It becomes the duty of the media to bring to
8.1.5 This freedom must be exercised with the notice of the people inefficiency and corruption,
ciirc umspection and care must be taken not to trench if there be any, in the implementation of any such
om the rights of other citizens or to jeopardise public plans and projects or in the functioning of any public
initerest. This right is subject to reasonable centre undertaking entrusted with the responsibility
reesitrictions on the grounds set out under Article of the development and the growth of the economy of
193(1(2) of the Constitution. The reasonable limitations the country.
cam be put in the interest of sovereignty and integrity
8.7 The rights and responsibilities are related to
o f' India, the security of the State, friendly relations
the role the media as an institution is called upon to
wiith foreign States, public order, decency or .morality
play. The Fundamental Duties enshrined in the
or- iin relation to contempt of court, defamation or
Constitution for the citizens would also mould the
imciitement to an offence. The media, when it is run
role of the media in the society. The traditional role
ass a business, is also subject to the restrictions which
ascribed to the media is to inform, educate and
maay be imposed by State on any business, under
entertain the people, whatever the character of tiie
Arrtiicle 19(6) of the Constitution. When both rights
society. Media is a power and like all powers, it can
arre claimed and exercised by the media viz. the right
be used for constructive as well as destructive
to i free speech and expression and the right to
purposes. The role of media, print and electronic, to
biusiness, it will be subject to both the set of
the extent it can provide support to the students and
ressttrictions viz. those under Article 19(2) and 19(6).
teaching community in particular and in educating
It is obvious that over the years there has been
the general citizenry needs to be exploited to create
asscendancy of consumerism and eroticism in the
an impact on the minds of the citizens to nurture
maass media and decline of ethical values in public
Fundamental Duties in their lives. Media on the other
liffe. The media as a whole has, therefore, to
hand has to pay adequate attention to the primary
chearly understand its responsibilities towards
problems of mass poverty and mass illiteracy and of
thie society and the nation arising from its
strengthening the moral character and fibre of the
constitutional obligations. There is need for the mass
society. The common masses have a right to be
mtedia to be relevant and morally responsible to the
informed on all matters affecting their lives. The
society.
media wields very great influence on the minds of
M!ac Bride Report emphasises the following the people. When mass media act in concert to bring
responsibilities : a topic before the nation, it gains importance
• Contractual responsibility in relation to the media regardless of its inherent significance, conversely,
and their internal organization when the media reduces the importance of a topic by
a casual and low keyed treatment, popular interest
• Social responsibility entailing obligations towards is not aroused. It is necessary that media makes
public opinion and the society as a whole. sincere efforts to cover adequately subjects related
• R esponsibility towards the international to poverty, health, education, religion, environment,
community relating to respect of human social and racial prejudices and exploitation of every
values. kind, social, political and economic.
412 FUNDAMENTAL DUTIES OF CITIZENS S
V -------- -------- ------------....----- .--- —— — ------- ----- ——-------- •--------------------------------------------------------------------------------------------------------------------- ------------- ---- ----------------------------- ----------

Code of conduct for the Media for Cable Operators, the Code for Commerciaal
Advertising on Doordarshan. The code of advertisiring
8.8 This brings us to evolving Code of Conduct for Practice of Advertising Standards Council of Indidia,
the media. The freedom the media enjoys is to be Code of ethics for editors adopted by the Standiring
exercised in the interest of the society. Moreover, Committee of All India Newspapers Editor rs'
freedom implies responsibility for the abuse of Conference. It is the duty of those engaged in tithe
freedom ultimately destroys the freedom itself. Even Media to get these Fundamental Duties incorporateted
for the use of freedom by media is no exception. Its in the respective codes, regulations or the guidelinoes
capacity to guide or misguide the people is in the first instance and work in the direction of theese
tremendous. At the same time the media is to make becoming known and followed by all concerned.
itself accountable to the people. There is thus the
constitu tional need for an independent and
autonomous institution like the media council which Duties Implicit in the Constitution
should evolve a code of conduct or of ethics for the 8.10 The Supreme Court had taken the view i in
media. There is the Press Council of India. Several 1970 itself that the Constitution contains rights eas
Media organizations, advertising industry and well as duties. In the case of Chander Bhan vs thhe
professional bodies suitable standards. Some State of Mysore AIR 1970 SC 2042 the court observeted:
countries have appointed ombudsman to monitor and “It is a fallacy to think that under our Constitutiaon
deal internally with the transgressions of the ethics there are only rights and no duties. The provisionns
by various constituents of the media. in Part IV enable the legislature to impose variouus
duties on the citizens. There can be no doubt thaat
Press Council o f India framers of the Constitution did not feel the necessitity
of incorporating specifically the Fundamental Dutieies
8.9 The print media has to be sufficiently sensitive in the Constitution as they presumed that thes:se
in fulfilling its public function. To ensure that the would be covered under the basic values inherent i in
press is alive to its responsibility, the Parliament the Preamble to the Constitution of India. Moreove/er
created a statutory Press Council of India. The they thought that societal and national obligationns
Council has been established with the objects of the of promoting harmony, secularism and preservinng
preserving the freedom of the press and of the rich heritage of the composite Indian culture wenre
Maintaining improving the standards of newspapers basic and inherent values to be practised by eac.ch
and news agencies in the country. It is to further and everyone. These have been a part of the Indiaan
these objects, that the Council is required among tradition, mythology, religions and practices. As succh
other things, to help newspapers and news agencies no need was felt to incorporate them specifically i in
to maintain independence; to build up a code of the Constitution.”
conduct for newspapers agencies and journalists in
accordance with high professional standards to
ensure on their part the maintenance of high The Fundamental Duties
standards of public taste and to foster a due sense of
8.11 The Fundamental Duties formally came to bbe
the rights and responsibilities of citizenship and to
incorporated in a new chapter IV-A by thhe
foster the growth of a sense of responsibility and
Constitution ( Forty-second Amendment) Act, 197P6,
public service among all those engaged in the
Article 51A contains Fundamental Duties whicch
profession of journalism.
includes among others, the duty to abide by thhe
As a result the press has not developed Constitution and to respect its ideals and institutionns;
community accountability to increase its credibility to uphold and protect the sovereignty, unity annd
with the public. The press has to act with integrity of India; to promote harmony and spirit c of
responsibility and professionally in fulfilling its code common brotherhood amongst all the people of Indilia
of a public service institution sensitive to the duties transcending all barriers; to protect and improvve
enshrined in the Constitution both for themselves natural environment; to value and preserve the ricch
and for the masses as well. The Press Council will heritage of our composite culture, to develop scientiflflc
have to pay more attention to this aspect of its temper, humanism and the spirit of inquiry annd
functions. There are Guidelines to Board of Film reform; and to strive towards excellence in all spherees
Censors, the Broadcasting Code governing All India of individual and collective activity. These duties anre
Radio, the Programme Code and the Advertising code in consonance with Article 29(1) of A Universsal
HIANDBOOK FOR OPERATIONLIZATION OF CITIZENSHIP VALUES UNDER THE CONTSTITUTION 413

Declaration of Human Rights which says "everyone Seven Principles of Public Life contained in the First
ha&s duties to the community in which alone the free R eport of the UK’s Committee on Standards in Public
anod full development of his personality is possible ". Liife which are : selflessness, integrity, objectivity,
accountability, openness, honesty and leadership. To
8.112 The Fundamental Duties enumerated in achieve the constitutional goals, every citizen is
Artticle 51A are addressed to every citizen of this
required to contribute his mite. Citizens have to
coiuntry. He owes these duties to the state, the
perform their duties in a manner that respect the
coiuntiy and the nation. Although this article may be rights of others, protects the interest o f the
saiid to be providing fundamental duties to be community and strengthens the nation’s will and
perrformed by every citizen, these may actually be rapacity to develop its potential.
callled the rights in the citizenry. The endurance of a
dermocratic republic depends on inspiring individual 8 .13 The need to imbibe Fundamental Duties in
retsponsibility. Although these duties are not the citizens of the country has arisen because
justiciable, nonetheless these act as guidelines for Fundamental Duties have remained dead letter in
pittizens in regulating their conduct in public life. It the Constitution. It has not come out to reach even
is (expected that the citizen should be his own monitor the class of people who handle the Constitution. We
>vtnile exercising and enforcing his Fundamental have become vocal in enforcing Fundamental Rights
Rijtghts. Every citizen has to remember that he owes giiven in the Constitution. We have become right
thee duties specified in Article 51A to the State and oriented society. Indian approach has never been of
thcat if he does not care for the duties he should not abandonment of one’s duties. It is non-adherence to
deeserve the rights. In this regard it is essential to the Fundamental Duties and that entitlement of
rermember the message of Mahatma Gandhi who said rights is dependent upon performance of duties. This
thiat all rights to be deserved and preserved come can be done only if Fundamental Duties are brought
fra>m duty of citizenship of the world. From this one into their minds and living process through teaching
furndamental statement, perhaps it is easy to define and educating. Media has to play a major role in this
duities of man and woman and correlate every right so that a right balance between Rights and Duties
to some corresponding duty to be first performed. may emerge.
Wee cannot enjoy the fruits of democracy unless we 8 .14 The media which wields very great influence
fullfil the responsibilities that devolve upon us as amd are expected to influence the minds of the people
cittizens. When everyone has the same rights, its must play its role properly and effectively. It has to
enforcement is possible only when others respect be appreciated that the importance that the media
thiem. The duty to abide by the constitution for may enjoy will largely and necessarily depend on the
excample is to accept the social and political credibility of the media. It, therefore, becomes the
phiilosophy enshrined therein and these citizens in duty of the media to feed the people with true and
amy walk of life would be duty bound to regulate their correct information. It becomes the duty of the media
fcomduct in furtherance of constitutional goals of to deal with every aspect of the political situation
soocial engineering and nation building. For example, and political activities. The media must inform the
evrery citizen is required to uphold the sovereignty people of the happenings all over the world and it is
kmd unity of the country. Be it a politician, media not enough merely to report such events or use
peerson, a professional or an ordinary citizen scandals in high societies as may have sensational
performing his work in any sphere of life, everyone is ingredients. It becomes the duty of the media to report
Cxcpected to mould his role not only as a responsible aJLl political, social and economic developments in the
Suibject of the State but also as a citizen ruler. The country and also in far away places since all such
responsibility to accelerate the pace of improvement events may affect the country and the life of the
ini the country lies on the shoulders of every citizen community. In imparting information the media must
byy contributing his bit in whichever position he is. observe objectivity and should make every report true,
Ini a democracy the people are sovereign. They are faithful and accurate. The media, must not under­
thie real rulers. Those who are concerned with various estimate the intelligence of the people or over­
goovernment organs and public institutions have to estimate the information and must appreciate that
acct in the interest of the people in general. Every tlhe role of the media which is indeed very important
htolder o f public office has to also obey the may only continue to remain so, as long as the media
bconstitutional mandate like any other citizen. All enjoy credibility and the confidence of the readers,
emforcement agencies should follow in practice the viewers and listeners.
414 FUNDAMENTAL DUTIES OF Cm ZENM S

Strategies for Effective Implementation the mass media. But it is also true that these cannnot
of Fundamental Duties be solved without the help of mass media. Soluttion
of these problems would depend upon soccial
8.15 The foremost to consider is how best the mobilisation. The media has to create awareness.. TThe
concept of Constitution, its ideals and institutions, developmental aim of improving the standards? of
could be made known to the masses by the mass living and the quality of life can be achieved onlly/ by
media. The spirit of the Constitution is respected in liberating ingenuity and initiative in all the citiizeens
the expression We the people of India’ in the preamble of the country so that they can find new ways of dooing
which has found a generic meaning imparting things more quickly and more efficiently insteadd of
directions of citizen behaviour on the part of all repeating their activities in a routinised way. TThe
concerned. The Constitution preserves Indian ethos media should lead the masses to the construicttive
and our cultural heritage by promising dignity of the path. This involves that each person must clarify ; his
individual. own goals and values and visualise his place in 1the
future social pattern. This is the righ t aind
Although the task relating to operationalisation
responsibility of a citizen in a free society. It aalso
of the teaching of Fundamental Duties is largely that
involves the policy decision of the group as a wlhcole.
of the State Governm ents and the Central
Government the obligation of the media in this regard 8.17 It has to be realised that the endurances of
is no less. The powerful impact of media including our republic depends on inspiring individiual
electronic and print media has to be fully exploited responsibility. Our country’s future depends on tthe
to transmit messages on Fundamental Duties to all capacity of our people for self-governance. The mieedia
levels of the citizenry. will have to play an important role in preparing tthe
younger generations, in particular, for assuming tthieir
Duty to Abide by the Constitution roles as constructive and responsible citizens. I ncdia
is only as strong as the character and will o f tthe
8.16 The first Fundamental Duty is to abide by people who comprise it. The constitution cannot wcork
the C onstitution and respect its ideals and in a society devoid of virtues. Our constitution iss a
institutions, the National Flag and the National living document and the Media has to play duty/' of
Anthem. The relevant features of our constitution are not only itself abiding by it but also giving mesisaage
Parliamentary democracy, federalism, separation of to the people of the country coming from all wallkss of
powers, socialism, secularism, democracy, judicial life of constitutional supremacy. Therefore, theree is
review, rule of law, justice, liberty, equality, fraternity, need to make a conscious efforts by the mediiai to
individual dignity and unity and integrity of the promote an awareness of the c o n s titu tio n a l
nation. It is an instrument of social engineering and obligations among the citizens. Media has also to ;act
nation building. It is respect for the constitutional as watchdog to see that those who man tthe
Values that the media must aim at. The media has to Legislature, the Executive and the Judiciary aind
educate the masses. Secondly, media has to act a various other public institutions and in s t r u ­
catalyst of social and economic change Creation of mentalities of the State do not misuse the sarme.
citizenry conscious of citizen values including their Convenience or expediency is not a measure; of
rights and duties committed to the principles constitutionality. Constitution would live as lonig[ as
embodied in our constitution is a prerequisite to social constitutional structure vested in various orgamss is
advancement, economic development and political protected and preserved. There can be no doubt tlhat
progress of our country. For this media will have to virtue is the bedrock of constitutional democracy^.
give prominent coverage to rural India as well. The
amount of efforts invested in political crime or other The National Flag
Juicy stuff is much more than developmental features.
The fundamental development problems facing the 8.18 Love for one’s own country is inborn in all
country are: achieving a high rate of economic growth, civilized men. It is manifested inter alia by respectt to
establishing a sense of legitim acy towards the national symbols and by identifying oneself w/ith
constitutional values and public institutions and national pride and glory. One such symbol of
creation of a sense of nationality among the diverse sovereignty, national integration and pride is tthe
segments and layers of the society. It is true that National Flag. The Flag symbolizes the evolutiom of
these developmental problems cannot be solved by people’s aspirations. On the eve of independence of
HHANDBOOK FOR OPERATIONLIZATION OF CmZENSHIP VALUES UNDER THE CONTSTITUTION 415

Inadia, the Tricolour (Tiranga) was adopted in the 8.20 The display of the National-Flag by Indian
Coonstituent Assembly on 22 July 1947. people during sports meets including Asiads and
Olympics displays their patriotic feelings and is public
Our flag represents the spirit of the nation, the
expression of their nationalism. The media should
traadition of synthesis, which characterised us for
encourage people to show their love and respect for
thaousands of years. The emblem on the flag is an
the solemn symbol.
exKact reproduction of the wheel on the capital of
Asbhoka’s Sarnath Pillar which is a symbol of India’s The National Anthem and the Constitution, are
anocient culture. It is a symbol of the many things also considered the symbols of sovereignty and
thaat India has stood for through the ages. It is a integrity of the nation. What applies to the case of
syumbol of progress. It is a flag of freedom for all people. Tricolour equally applies to Constitution. As regards
As 3 Ms. Sarojini Naidu said at that time that under National Anthem, no one is supposed to intentionally
thiiis flag, there is no difference between a prince and prevent its singing or cause disturbance to the
a ppeasant, between the rich and the poor, between assembly engaged in such singing. Any one doing so
maan and woman. Dr S. Radhakrishnan said at that can be punished upto three years or with fine or both.
tirrme the Ashoka wheel in the centre of the while is Media should, therefore, constantly educate people
thee wheel of law of Dharma. Truth or Satya, dharma that Constitution and symbols of sovereignty could
or * virtue ought to be the controlling principles of all only be preserved by the public spirit and vigilance
thaose who work under this flag. of its citizens and these could also be destroyed by
its citizens.
8.119 Such are the significations of our National-
Elaag the tricolour. It is one of the fundamental duties
of e every citizen to respect the National Flag. The media Role in Nation Building
haas a duty to educate the masses about what
8.21 Media can play a very effective role in nation
Tri'icolour epitomizes and to encourage them to
building. It can make the citizens cherish and follow
emnulate the message it seeks to convey. And to accord
the noble ideas which inspired our national struggle
duue respect to this solemn symbol of the nation, the
for freedom. It can inspire the citizens to defend the
Flaag Code provides various guidelines. It is the
country and render national service when called upon
bouunden duty of the media to educate citizens about
to do so.
thee Flag Code and to familiarise them with the
couurtesies and ceremonies connected with it. 8.22 During the period of subjugation the
Whherever the National-Flag is flown, it should occupy nationalists in India had a common goal viz.
thee position of honour. It must not be misused in independence of the motherland. They followed
an\iy way. The misuse or improper use of the National- different paths. Some were extremists, militants,
Flaag is obviously likely to offend the sentiments of religious extrem ists, m other worshippers,
thee people. The media must educate people that vendantists. Some advocated organized rebellion.
whhoever in public place or in any other place within Some were terrorists. Some advocated constructive
puhblic view burns, mutilates, destroys, tramples upon nationalism. Some prepared the nation for freedom.
or r otherwise brings into contempt {whether by words There were also reformists movements like that of
feitlther spoken or written or by acts) the National-Flag Brahmo Samaj, Arya Samaj, Ramakrishna Mission.
or r any part thereof, is liable to be punished under There were moderates also. Then there were
thee Prevention of Insults to National Honour Act, Congressmen. Aurbindo Ghosh was for an all round
li9'371. Media should also highlight the fact that its development of Indian Nationalism. He emphasised
usse for any trade, business, calling or profession or that we are a nation inhabiting a great country in
in t the title of any patent or in any trademark or design which many civiliations have met, full of rich material
witithout the prior perm ission of the Central and unused capacities. We must cease to think and
Gowernment is an offence under the Emblems and act like the inhabitants of an obscure Eind petty
Naames (Prevention of Improper Use ) Act, 19950. village. He was of the view that only by a general
Meedia has to devote sufficient attention in inculcating intellectual and spiritual awakening can this nation
a ssense of duty in the ordinary citizen to respect the fulfil its destiny. He believed in the oneness of
faaational Flag which is essentially the State’s humanity. He was convinced that a spiritual
insstrument inseparably connected with nationality, awEikening, a re-awakening to the true self of a nation
Sowereignty and national honour and pride. is the most important condition of our national
416 FUNDAMENTAL DUTIES OF CITTZEINSS

greatness. He believed that humanity is about to Constitutional values insist upon safeguardiing
enlarge in scope by new knowledge, new power and sensitively and zealously our sovereignty. For miecdia
Capacities, which will create as great a revolution in it means safeguarding peoples’ democratic interessts.
human life as the physical science of nineteenth The media must become alive to the dangers possed
pentuiy. Here too, India holds in her past, a little to our sovereignty by distortion of information aand
rusted and put out of use, the key of the humanity’s dissemination of news by certain market forces booth
future. Such were our ethos. The media must within and outside the country because anti-natiiornal
emphasise the noble ideals that our Nationalists foreign forces may use extra-territorial n e w s
eherished and should work in consolidating the instruments to enter the country, install themselvves
nation, raise its intellectual and moral tone, increase with high tech facilities and undo people’s resistamce
its economic efficiency. when economic empires occupy critical areas. Ormce
market economy, divorced from social good becotmnes
8.23 As a first step the Government has to prepare
the dominant factor of media business, there is cveery
an adequate policy frame and mechanism for media
chance of manipulation of mass response and rrraass
towards nation building. The media’s potential has
culture to the detriment of public interest. Our vaJuues
to be harnessed for issues such as rural development,
are apt to suffer eclipse if foreign domination of miecdia
empowerment o f women, distance education,
committed to alien ethos, acculturation and poliitirical
environmental protection, civic consciousness and
proselytization, culminating in contempt for IndLian
human rights awareness. Media must be used as an
heritage and constitutional basis romps in and omce
important policy instrument in the social, educational
in, cannot be reined in. There will be subversion i of
and development planning and in fulfillment of
our founding faith implicit in our Sovereign Socialists
constitutional goals of building a welfare society based
Secular Democratic Polity. It is, therefore, mediaa’s
on rule of law. The media policy must focus on
bounden duty to be on the guard and ressist
jnobilising human potential through (a) access to
subversion for its very survival and the counltrry’s
material resources like good health, education,
sovereignty. The Press Council of India which iss a
housing, and (b) creation of a culture and
friendly watchdog of the press has to ensure thhat
environment that guarantees freedom, human rights
press remains free and responsible. One of tthe
and personal self respect. The nation building process
functions of the Council is to keep under review classes
must centre around central values embodied in the
of assistance received by any newspaper or nie^ws
preamble of the Constitution in the creation of a
agency in India from any foreign source. The Courmcil
secular, socialist and democratic society.
has, therefore, to be vigilant in ensuring freedom i of
8.24 As Media is both Government controlled and the press because a lapdog press, with strings pulliled
in Private sector, there is all the more need to not from abroad, is a threat to our independemtce.
only formulate a comprehensive media policy but also Sovereignty, integrity and fraternity, so important i for
create vital com m unication link within the national advance as an independent country, wiill 1be
government and between the government and the contingent upon the inner commitment of the miecdia
people in nation building activities. There has to be to its countrymen.
p. close co-ordination w ithin the concerned
government departments and other institutions Media’s Duty to Promote
Responsible for implementation. The vast potential C o m m u n al Harmony
pf the mass media has to be utilised for making
different sections of the society conscious of their 8.26 It is the duty of the media to promote harnnoony
constitutional responsibilities and fundamental and the spirit of common brotherhood amongst all
duties while integrating entertainment with socially the people of India transcending religious, linguiisstic
relevant and useful message in the entertainment and regional or sectional diversities. Communaliasm
programmes themselves. and casteism are most divisive maladies. The meedia
which enjoys the utmost freedom of expression Hias
Duty to Uphold and Project a great and a vital role to play in educating amd
the Sovereignty, Unity and moulding public opinion on correct lines in regardl to
the need for friendly and harmonious relatioons
Integrity o f India between the various communities and religicous
8.25 Media has a special duty to uphold protect groups forming the fabric of Indian political life aand
the sovereignty, unity and integrity of India. Our in mirroring the conscience of the best minds o f tthe
HHANDBOOK FOR OPERATIONLIZATION OF CITIZENSHIP VALUES UNDER THE CONTSTITUTION 417

coountry to achieve national solidarity. The press Media Programmes related Culture and
shoould not indulge in the following which the Press Values, and Environment: Clause (F)
Coouncil of India considers as offending against the
jouurnalistic ethics in this regard :
and (G) of Article 51A.
(a )) Distortion of exaggeration of facts or incidents in 8.27 Media should made special effort to highlight
relation to communal matters or giving currency programmes which support and promote activities
to unverified rumours, suspicions or inferences related to national integration, culture and values,
as if they were facts and base their comments on and environment. Ministries of the Government have
them. come out with various schemes/programmes related
to these areas. These schemes/programmes have not
(b)') Employment of intemperate or unrestrained caught the attention of the public. The concerned
language in the presentation of news or views, Ministries allocate amount to various NGOs to
even as a piece of literary flourish or for the implement these schemes and programmes. The
purpose of rhetoric or emphasis. media will have to pay attention to the working and
(c) ) Encouraging or condoning violence even in the implementation of these schemes to see that the
case of provocation as a means of obtaining desired objectives of creating proper value system
redress of grievances whether the same be among the citizens are achieved.
genuine or not.
8.28 The media should exercise considerable
(d )) While it is the legitimate function of the press to circumspection on the programmes, serials, pictures,
draw attention to the genuine and legitimate news and advertisements affecting the morality or
grievances of any community with a view to the decency of our people and cultural heritage of
having the same redressed by all peaceful, legal the country. The moral values in particular should
and legitimate means, it is improper and a breach not be allowed to be sacrificed in the guise of the
of journalistic ethics to invent grievances, or to social change or cultured assimilation. Our country
exaggerate real grievances, as these tend to has the distinction of giving birth to a galaxy of great
promote communal ill-feeling and accenturate sages and thinkers. The great sages and thinkers
discord. through their life and conduct provided principles
(e) 1 Scurrilous and untrue attacks on communities, for people to follow the path of right conduct. We have
or individuals, particularly when this is the concept of ‘Dharma’ (righteousness in every
accompanied by charges attributing misconduct respect) a unique contribution of Indian Civilization
to them as due to their being members of a to the humanity of the world. It seems that
particular community or caste. unfortunately the foreign electronic media has been
setting the agenda for the broadcasting system as a
(f) Falsely giving a communal colour to incidents whole. Programming is increasingly determined by
which might occur in which members of different reach rather than by substance. Its central aim is
communities happen to be involved. the generation o f revenue rather than the
(g)) Emphasising matters that are not to produce rejuvenation of cultural and social life. From the State
communal hatred or ill-will, or fostering feelings monopoly we are shifting to ‘market’ monopoly where
of distrust between communities. we are focussing attention on the consumer alone.
(h) l) Publishing alarming news which are in substance Under genuine public control, it must perforce the
untrue or made provocative comments on such citizen. Instead of catering to the needs of its natural
news or even otherwise calculated to embitter constituency which is the India citizenry, the media
relations between different communities or has indulged in political conformism, commercial
regional or linguistic groups. aggrandizem ent and consumerism. This will
necessarily entail programming which as a rule tends
(i) Exaggerating actual happenings to achieve to debase tastes and lower standards. The
sensationalism and publication of news which Broadcasting system is deviating from the values and
adversely affect communal harmony with banner aspirations enshrined in the preamble o f the
headlines or in distinctive types. Constitution, in its articles on the rights and duties
0) 1 Making disrespectful, derogatory or insulting of citizens and many of its directive principles — all
remarks on or reference to the different religious of which taken together, constitute the conceptual
or faiths or their founders. basis of the India media.
418 FUNDAMENTAL DUTIES OF CITIZENS ,

8.29 The market is not a substitute for civil society. protection. The media must highlight the privileges
The Broadcasting System has to keep in miind the of the Forest Conversation Act 1980 enacted witth a-
public interest and render public service. There is view to check further deforestation. Any non-forest
thus need for a strong and vibrant public activity in a ‘forest’ areas can be done only with p>rior
broadcasting system in India. While our schoiols and approval of the Central Government. The Sltate^
colleges stuff more than more information in to the Governments must promptly ensure total cessaitiorx
young, they impart no values to live by and thrive of non-forest activity in ‘forest’ areas. Media should
for. As a result, the vacuum in the educational monitor whether directions of the courts in tiheir
institutions is being filled by the mamimon of various judgement are being followed or mot.
consumerism and eroticism by the mass media Reference may be made in particular to the judgement
resulting in miseducation. The prime culprits are the of Supreme Court in the case of T.N. Godvariman
various television channels and films. Thuese are Thirumulkpad vs Union of India and others wlhere
seducing the young, degrading public taste and exhaustive instructions have been given to the various
deadening the social conscience through alluring State Governments for the Constitution of Expert
advertisements and lewd or vivacious entertaiinment. Committees and for follow up actions, Referenc e imay
The sexualintimacy including fantasy hats been also be made to the judgement in the case of Velllore
brought into public view for titillation. There is need Citizens Welfare Forum vs Union of India and otlhers
for mass media to be relevant and morally responsible where the Central Government has been direc tesd to
to the society. constitute an authority under section 3(333) off the
Environment (Protection ) Act 1986 to be headeed by
8.30 We now come to the citizen’s duty to protect
are tired High Court Judge and other members halving
and improve the natural environment imcluding
expertise in the field of pollution control and
forests, lakes, rivers, wild life and to have comipassion
environment protection. This is with regard to) the
for living creatures. The existence of the mankind is
situation created by tanneries and other potluiting
threatened today due to pollution of air, waiter and
industries in the State of Tamil Nadu.
earth and the ecological imbalance. This is; due to
overpopulation, over cultivation, over industriali­ It is the bounden duty of media to highlightt the
zation and urbanization. The result is intensive and polluting factors and ecology-destructive actiwities
extensive exploitation of nature and comgested, and educate people to adopt alternative eco-frie;ndly
insanitary and unhygienic living and working means. The media should also highlight th»e eco-
conditions. Further the use of dangerous tecihnology friendly means of development in vogue in varrious
for production and manufacture of poiisonous fields. Further the media has to strike at thie root
products, the production of unclear and c:hemical cause of the environmental destruction by preac^hing
weapons, dumping of nuclear waste the emiission of against consumerism.
green house gases that are prominent amiong the
cause. 8.32 Environment issues get too little space im the
media. The media should take the role of an aicttivist
8.31 Due to the ever increasing population the guard. It is not that it has to be a current topiic: or a
demand for the land has increased and foresit growth part of political agenda that the media wiilll pay
lias been and is being cut down. Man has. started attention to it. Media people have to remain ailiive to
encroaching upon nature and its assets. As a result their constitutional responsibilities arising from
ecology and environment has been affectted in a Fundamental Duties to see that subjects i like
serious way. There is thus, need to be awaire of its environment do not become a casualty. Medliaa will
possible consequence. Much has not been done by have to train itself to gain skill in presenting autthientic
the Government in this regard though couirts have available information in language everyomes can
taken lead to ensure preservation of the enviironment understand. Media w ill have to remov/e; the
ajid keeping the ecological balance unaffectetd. In fact misconception that taking up issues of envirotmment
it is not the task of the governments alone: but the is acting anti-development.
task that every citizen must undertake. It is a social
obligation and fundamental duty of eveny citizen 8.33 Media can play a pivotal role in motoililising
under Article 51A((g) of the Constitution which he the people and making development particijpaatory.
has to be reminded by media as well. Media must Media can create public involvement thircough^
spread aw areness to citizens and arouse advocating and transferring knowledge, skilllss anc j
consciousness in citizenry for environmental techniques to the people. Media should play ;a i mort
NDBOOOGCDOK FOR OPERATIONLIZATION OF CITIZENSHIP VALUES UNDER. THE CONTSTITUTION 419

ictive ve vee role in generating awareness about various avoid presenting acts of violence, armed robberies
tl devevewelopment programmes. and tenrorist activities in a manner that glorifies the
perpetrators acts, declarations or death in the eyes
of the piublic. Acts of communal violence or vandalism
ty totctco Safeguard Public Property and should be reported in a manner as may not
jure 'te e; Violence underrmine the people’s confidence in the law and
order rmachineiy of the State. Media should avoid
4 In li hn a free democratic society, it is the duty of
presenting acts of violence, armed robberies and
ry citiatiittizen to safeguard public properly and abjure
terrorist activities in a manner that glorifies the
lencececee. Various pressure groups, criminals,
perpetrators acts, declarations or death in the eyes
oristsststts and anti-nationals indulge in destruction
of the piublic Acts of communal violence or vandalism
public liclicc property and resort to violent methods to
shouldl be reported in a manner as may not
lieve tie 1e their nefarious ends. There is no doubt that
undermine the people’s confidence in the law and
)tectioticticon of the people against most forms of violence
order machinery of the State. Media should avoid
the fir fi fiirst job of the governmental organisations-
writing about incident in a style which is likely to
cutivdviv/e, legislative and judicial. The media has a
in flam e passions, aggravate the tension, or
ty totctco make people understand the varied
accentiuate the strained relations between the
inifesiesesstations of violence. In a democracy the
commuinities/religious groups concerned, or which
>lencececes of the ghetto, where common conditions
has a piotential to exacerbate the trouble.
cluded<dfe ignorance, deprivation, and official
vernrrnmimental failure to ensure that the laws are 8.35 Media of any society are among the most
ecutectetetd in letter and spirit is actually more over importaint institutions. Democracy without free media
a n in in n the authoritarian state. Then there is a wide is a cointradiction in terms. Mass media should be
>veraga;ajge of violence in films, TVs and cable the wattchdog of democracy, and not the poodle of
ogranaraimmes. Easy publicity on television has helped the establishment. Media have a greate responsibility
e sprejroreead of what might be called today’s ‘fashions’ today than they ever had to guide the nation and
adolloollescent violence, whether by students, make every citizen conscious of his Fundamental
inoritHtitiies or other protestors. Media has a duty to Duties enshrined in the Constitution.
Annexurre I

Bangalore Declaration on Citizenship


Development and Fundamental Duties

Whereas participants in the National Seminar on That it is necessary to educate every person in|
Citizenship Development and Fundamental Duties each age-group and belonging to every vocation, traide*1
held in Bangalore on 4 and 5 July 1987 jointly and calling and in each and every station of liife,
sponsored by the Citizenship Development Society including all echelons of leadership in every walk: of
and the Gokhale Institute of Public Affairs, has life, in the duties and responsibilities of citizenshrip.
deliberated in depth on the basis issues relating to
That citizenship education is vital to the equaliity
Citizenship Development Society and Fundamental
of citizen participation, to the performance of
Duties in the aspirations of human kind and the
representative functions in elective bodies and in
conditions prevailing in India.
professional bodies, trade unions, businesss,
Whereas the Seminar is of the considered opinion associations and voluntary organisations.
that Citizenship Developm ent and intrinsic
That Education for Democracy and for gocod
awareness of Fundamental. Duties at every level and
Citizenship for promoting and inculcating a sense: of
in every station of life is essential for development
Fundamental Duties among Citizens and ffor
and democracy, for freedom, peace and progress, and
reinforcing constructive vigilance should Ibe
for justice and harmony.
undertaken on a countrywide basis as a continuirng
and ongoing programme for all age-groups.
The Seminar Solemnly Declares
That the concept and content of fundamenttal
1.2 That development of good citizenship deserves concerns and Fundamental Duties o f Indisan
to be accorded the highest priority in our national citizenship should be made an integral and intrinssic
life and in a worldwide agenda for building up a part of all curricular, extra-curricular and extensicon
more just, humane, peaceful and cooperative world programmes of formal and non-formal education.
order.
That there is need for a mass movement fior
That citizenship development in India should be citizenship development in India and for resurrectimg
value based and should foster basic values of replenishing and reconstructing our liberal amd
democracy, rule of law, social justice and humanity humanitarian patriotism and sense of nationalisim
enshrined in the Constitution of India. for advancing the twin causes of individual freedom
and social justice.
That Citizenship Development alone can lead to
a redefinition of the premises of power, a re­ That in every crisis and before every challenge
structuring of the apparatus of power, a re-statement faced by a developing democratic society such sis
of national priorities, a reform of our public India, an informed, enlightened, sensitive and sellf-
institu tions and a m eaningful and viable respecting citizenry at all levels, committed Ito
transformation of Indian Society. common national scale, working on the basis <of
mutual understanding, accom m odation amd
That good citizenship is founded on an
consensus, and preserving a fundamental sense <of
understanding and inculcation of the values of
integrity, fraternity and accountability is the mosst
Human Rights arid Human Obligations and on a Civic
dependable human resource, the positive amd
Culture of mutual consideration between citizens,
constructive mobilisation of which alone will enab)le
and state and among all groups of citizens and the us to lay enduring foundations for future India.
Instrumentalities of State.
H1ANDBOOK FOR OPERATIONLIZATION OF CITIZENS3HIP VALUES UNDER THE CONTSTITUTION 421

That constitutional institutions or our dermocratic a Citizenship Training Centre to provide training
socciety and all those who are called upon by eLlection, facilities for upgrading the level of citizenship
n om in ation or appointm ent to fulfil public for persons in various walks of life and also
responsibilities, the media, the intelligentsia, ;and the undertake research studies bearing on citizenship
leaidership in all walks of life and the entire 1body of developments.
Incdian citizens should rededicate themselvess to the
ethnos and the ideals of good citizenship, to tlhe task T h a t C itize n s h ip D evelo p m en t S o ciety
of imaking those humanitarian ideals a pulsatiing and should extend its activities to other states
liviing reality of our national life, and tco work and regions, should play the role of an apex
ceaaselessly for the realisation of those ideals tlhrough in stitu tion and for this purpose encourage
praactical action programmes for the dissemiination the developm ent o f good citizen sh ip values
of citizenship values on norms, for vifgilant, throughout the community and also provide
enllightened and meaningful, social audit off public facilities for affiliation with it o f like-m ined
institutions and public life by constructive ■ public organisations.
pairticipation, for the reform of our institutiODns and
and
for- an improvement in their working, for rediress of
puiblic grievances and for optimising ecconomic Th at C itize n s h ip D evelo p m en t S o ciety
prcogress and social justice. should also invite State G overnm ents and
other State and Local authorities to become
Amd the Seminar Hereby Resolves its m em bers and to lend su p p o rt to its
Thiat Citizenship Development Society should! set up activities.
Annexure? II

Bibliography of Resource
Material on Value Education

1. Current-Trends and problems of progressive Human Values. Sri Satya Sai Bal Vikaas
Education - Gupta, N.L. (1985) Education Trust, Prashanti Nilayanm,
Andhra Pradesh.
2. Moral Education - A handbook for Teacher -
Hall, R.T 18. Textbook on Moral Education for Higher Schoool
classes, Karnataka: D irectorate cof
3. Value Inculcation Through Teacher Training -
Textbooks, Bangalore 1973.
Rajput, J.S. University News (March 1993)
19. Moral Science Series Vol. I VIII, Madras s
4. Value Oriented School Education - Ramji M.T
Machmilan 1974.
5. NCERT Literature
20 . Neoline, Sister and Martis, D.G. Wonderful litlfe
6. Report of the Working Group to review Teachers’ series, Part I - X, New Delhi, Neetta
Training programme. Prakashan 1983.
7. Piaget, J., The Moral Judgement of the Child, 21. Pereira, J.D. Practical Moral Science, Gradees
London, Kegan Paul, Trench, Trubner & I - X, New Delhi : Neeta Prakashan, 19822.
Co. Ltd. 1932.
22. Pia Nazareth RJM and Waples Maria, E
8. Meera Varma, “Moral Developm ent & * Neighbourly Values
Intelligence”, Psycho Studies 1975.
* Personal Values
9. Griffin, Wills H. and Pareek, Udai. The Process * Community Values
of Planned Change in Education’.
* Values Through Communication —
10. Christopher Ormell, “Values in Education”, in Evaluation Techniques
Values and Evaluation in Education. * To Live or not to Live with Values
11. Rogers Straughan and Jack Wringley (Ed), (All the five titles were published by the All IndiJia
Values and Evaluation. Association of Catholic Schools, New Delhhi
1979)
12. Education in Human Values - Ch. I & II
Government of Karnataka 1987. 23. Rama Rao, K. Moral Education: A practicaal
Approach, Ramakrishna Institute of Moraral
1.3. Education in Human Vaues Series - Primer I
and spiritual Education, Mysore 1986.
and Primer 2.
24. Rohidekar, S.R et.al ( Ed.) Education in Humaan
14. Budhananda, Sw,ami. How to Build character:
Values : Handbook for Teachers, Part IIII,
A Primer, New Delhi Ramakrishna Mission
Sri Sathya Sai Bal Vikas Education Trustst,
1983
Prashanti Nilaya, 1982.
15. Colaco, J.M. Morals in Daily Life, Book I - V,
25. Srinivasa Char, S. You Asked Us, Ramakrishnaa
Madras : Samba Publishing Co. 1982.
Institute of Moral and Spiritual Educationn,
16. Dass, B.R. Moral Science, Book I - VII, Madras: Mysore, 1980.
Saha Publishing Company 1982.
26. Srivastava, P.R. Graded Moral Sciencee,
17. Goikak, V.K. and Rohidekar, S.R. (Ed). Rameshwar Das Gupta Dharmarath Trusfet,
Teacher’s Handbook for the Course in New Delhi 1978.
1HANDBOOK FOR OPERATIONLIZATION OF CITIZENSHIP VALUES UfNDER THE CONTSTITUTION 423

277. Value Orientation of Education in 3 vols. All 31. Wilson, John. Practical Methods of Moral
India Association of Christian Higher Education, Heinemar Educational Books,
Education. London 1972.
288. Vas. G.L. The Waybook — 1-18, New Delhi, 32. Unesco, Teaching Methodologies for Population:
Gupta Prakashan Education, Inquiry, Discovery, Approach,
Value Clarification, Banglok, 1985.
219. Wazir, T.C. Textbook of Moral Instruction,
Srinagar, Fine Arts Press, 1965 33. Citizenship Values in India — In d ivi­
dualism and Social Imperatives — CDS
3C0. Kluckhohn, C ‘Values and Value Orien­ Publication
tations in the Theory of Action: An
34. Teachers Guide on Value Education — CDS
Exploration in Definition and Classi­
Publication
fication’ in T. Parsons and E.A. Shills
(Eds), Towards a General Theory of Social Value Education in our Schools with Special
Action, Harvard University Press, reference to Strategies for the New Education
Cambridge, 1951. Policy — CDS Publication

im m t s 9 0 C U I«*1 A 1 IW ca M 1*

17-8, n W w i*

doc, No ...........
D *tf ............. — —
Annexure UJi

CDS Publication (in Engligh)

1. Good Citizenship — Rights, Duties and 7. Value Education in our schools with special
Responsibilities. reference to strategies for New Education
Policy.
2. Aging in India — Problems and Potentialities.
3. Citizenship Development and Fundamental 8. Democracy and Citizenship — A Treatise to>
Duties: Contains chapters contributed by provide background knowledge on
eminent person like Dr L.M. Singhvi, Shri Citizenship Development. Edited by Dr Atma.
Ram Krishna Hegde, Justice Shri E.S. Ram and Shri J.N. Sharma.
Venkataramiah, Former Chief Justice of India 9. Value Education, Edited by Shri J.N. Sharma andi
and others. Dr K.M. Gupta.
4. Citizenship Development — Western Mores, 10. Guide for Nurseiy Teachers for Value Educatiom
Eastern Values — Monograph contains edited by Mrs. Kamla Kapur.
versions of the addressed by Fritiz Bolkestein
and Dr L.M. Singhvi. 11. Resource M aterial on Value Educatiom
Programme in schools by Mrs. Nirmalat
5. Citizenship Values in India — Individual and Kapur, Joint Director, C.R.T.C.
Society, Contains contributions from Tara Ali
Baig Prof. K.D. Gangrade, Dr K.B. Lall and 12. Citizens and the Constitution, Edited by Shrii
others. Subhash C. Kashyap.
6. Teachers guide on Value Education. 13. Building up Good Citizens.

Nation, i lost' “,JU‘ "


Planning sod ‘
17- B- A u r c L i '- d o M * r | ,
Nc;’- : >&>-
*(’. NsJ •■ ' ........ *' ***

NIEPA DC

D10797
Annexure IV

Contributors

D D DDi>r K.B. Lall, ICS (Retd.) 8. Dr N.K. Ambasht


Pi Pi PiPrresident Chairman
C C CCiitizenship Dvelopment Society Naitonal Open School
New Delhi
SISlSBhhri J. Veeraraghavan, IAAS (Retd.)
D D DDi'irector 9. Dr (Mrs.) Supta Das
BIBlBBIharatiya Vidya Bhavan & Professor
FcFcFcoormer Secretary to the Govt, of India Department of Social Science
MMMVlflinistry of HRD National Council of Educational
Research & Training (NCERT)
SISlSBhhri Prem Kumar New Delhi
SfStSeSeecretary
PrPrPrJrress Council of India, New Delhi 10. Dr R.B. Jain
Former Head &
StStSBhm S.B. Lai, IAS (Retd.) Professor of Political Science
FcFcFo’cormer Secretary to the Govt, of India University of Delhi
NeVeVelesw Delhi Delhi

SlSVSBtrvri Brij Mohan 11. Dr K.M. Gupta


DeDeDOeean Reader
Irurunocdian Institute of Foreign Trade National Council of Educational
NeVJe'Jetew Delhi Research & Training (NCERT)
New Delhi
DrDr3r)r- D.N. Saxena
Foro?o oDrmer Director 12. Shri J.N. Sharma
Immncicdian Institute of Foreign Trade Member Secretary
Ne'Je'Jeievw Delhi Citizenship Dvelopment Society &
Former Deputy Educational Advisor
Shihihhari K. Viswanathan Ministry of Edcuation & Culture
AdVdVdd’ivocate Govt, of India
Suiuiuujipreme Court, New Delhi New Delhi

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