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Kannan RK (IAS)     28 August 2014

Fundamental rights

I have a question regarding fundamental rights. 

Can a corporate company ( Private Organisation or MNC , which is in India and inside a SEZ) violate fundamental rights . Can we approach the Supreme Court or the High Court and file a case against the company which violates the FR of its employees?  

 

What would be the charges , be it a violation of article 21 ?



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 4 Replies

Ashok, Advocate (Lawyer at Delhi)     30 August 2014

You must illustrate what is the nature of the violation of fundamental rights by such private company. Usually, the fundamental rights are enforceable against the State.

Kannan RK (IAS)     31 August 2014

Hello Ashok, Thank you for your response.Let it be the violation of any fundamental right. My question is in general. I dont think we have a differentiation on the actions of violation for different fundamental rights. A fundamental right violation is violation of the constitution. Please let us know if a corporate company falls under the purview of this ? What if the company is inside a SEZ.?

Sudhir Kumar, Advocate (Advocate)     01 September 2014

vague query.        

Arpit lalan (Legal Consultancy/Advocate)     03 September 2014

If it is in Sez the Fundamental rights do not change. Further, what is the right violated? You may have to look at other options and it may not be a constitutional query at the end.


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