Property rights


Can a country, after indepence from a colonial foreign country, undo property rights given by that foreign country while it ruled the host country as a colony.. As all such rules are illegal, my view is that it can be undone. What do the experts say please?

 
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The new independent country will manage its affairs according to its constitution document and laws.

If the constitution permits taking away all such rights granted by the colonial ruler, the same may be withdrawn.


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Can a country, after indepence from a colonial foreign country, undo property rights

Yes if the people are fooled and disarmed, then dictators/ rulers can do anything they want with people. It is immaterial if the people are ruled by some colonial power or by their own people. Behaviour of all rulers is same everywhere. Whever people allow the State to have more power than people, their condition is bound to be equal to or worst than slaves. The power of rulers needs to be kept in check by at least equal or more opposite power in hands of people. This is the reason the 2nd Amendment was enacted in the Bill of Rights of US Constitution. Founders of US Constitution were not fools.

 

All the Rights under Article 19 are already present under Article 21. Right to Property was explicitly enumerated under Article 19(1)(f). The enumeration of right to property under Article 300A or removal of Article 19(1)(f) does not extinguish this right under Article 21. Sections 96 to 106 IPC are nothing but corrolary to Article 21. Under Section 103 one can even cause death in defense of his property. How is this possible unless Section 103 IPC is in confirmation with right to property under Article 21?


The Supreme Court has ruled that people’s right to own property fell very much within the domain of human rights under Article 21. It can be read at http://www.lawyersclubindia.com/forum/Sc-right-to-property-is-a-human-right-44986.asp


If the constitution permits taking away all such rights granted by the colonial ruler, the same may be withdrawn.

Then such a Constitution which takes away basic fundamental and human rights of people is a fraud and does not belong to free people but has been imposed on the people by fooling, force and trickery. It is even worse than the colonial rule.

 


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My profound thanks to both the above contributors please.

I will take a case of our own country for clarity in the matter. There are instances when community  properties, belonging to community or society or whatever was (then) equivalent to present day definition of 'trust' or "society' or "charitable institutions' or " for public good instituions' was taken away by force and trickery during Moghal as well as British rule. Those rights were traditional coming from ages.

I understand  that some countries like Australia, South Africa or even European countries after world war -II restored those rights to communities.

Now, can such rights be restored to the rightful owners under our present constitution?

Warm regards and thanks please.

 
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Originally posted by :arun k jha
" Those rights were traditional coming from ages.
"

"Those rights were traditional coming from ages" until the people were enjoying undiluted right to keep and bear arms. From the day the  people's right to keep and bear arms was diluted, from the same very day all other rights equally started getting diluted. The Right to Keep and Bear Arms is a basic human and fundamental right of free people. Whenever this right of free people is diluted, all other rights also equally get diluted to that extent. There is no "if" and "but" to this fact and truth.

 

The usual road to slavery is that first they take away your guns, then they take away your property, then last of all they tell you to shut up and say you are enjoying it. -- James A. Donald

 
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