Q.What if Machal was rich/powerful? What if construction workers were engineers? Would their rights have been violated?
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Start your 14-day free trial to unlock the full solution →If Machal Lalung had been rich or powerful, it is highly unlikely he would have spent fifty-four
years in custody without trial -- his wealth or status would very probably have secured legal
representation, media attention, and a faster judicial process, showing that his rights were
violated less because the law failed to protect him and more because he had no practical way to
enforce that protection.
Machal Lalung's Fundamental Rights -- to a fair, speedy legal process and to personal liberty under
Article 21 -- existed in the Constitution the entire time he was in custody. What was missing was not
the legal guarantee itself, but any effective way for a poor, powerless, and largely forgotten
individual to actually invoke it. A person with money, connections, or public visibility would almost
certainly have had a lawyer pursuing their case, family members raising the alarm, or media coverage
drawing attention to the delay -- any of which could have brought the matter before a court far
sooner through the Right to Constitutional Remedies.
The same reasoning applies to the construction workers in the second scenario: manual labourers
often have far less access to legal recourse, union support, or public sympathy than professionals
like engineers would in an equivalent dispute over safety, wages, or working conditions. If the
workers were engineers, a violation of their rights (say, unsafe conditions or unpaid dues) would be
far more likely to attract legal notice, media coverage, or professional-body intervention.
This comparison illustrates a broader and important point about rights: having a right on paper is …
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