JAPAN

But before considering the Indian constitution, I should like to say a word about the American-made Japanese constitution of 1946, and

* 1 Cmd. 3569 (1930), pp. 22-3. ¹ H.L.

die U.N. Declaration of 1948. The former guarantees the right of life, liberty and the pursuit of happiness to the extent that it does not interfere with public welfare.¹ All people are equal under the law and there shall be no discrimination on grounds of race, creed, sex, social status or family origin.² There shall be universal suffrage and secret ballot, and no person shall be answerable for the way he has voted? Every person has the right to petition for redress for injury, illegal acts of officials and for the amendment of legislation.⁴ No person shall be held in bondage. Freedom of thought, conscience, religion, and assembly are guaranteed? Every person may choose his residence and occupation so far as this does not interfere with the public welfare; any person may leave the country and renounce his nationality? Academic freedom is guaranteed. All people have the right to equal education correspondent to their ability? Marriage must be based on consent of the parties, and the law governing the property of the marriage must be based on equality between the sexes.[†] All people have the right to maintain the minimum standard of wholesome and cultured living and the State must endeavour to promote social welfare and security and public health? All people have the right and obligation to work. Workers have the right to organize and bargain collectively. Service conditions must be fixed by law and children must not be exploited.¹⁰ Property rights must be defined by law in conformity with public welfare; private property may only be taken for public use on payment of just compensation.¹¹ No person shall be deprived of life or liberty except according to procedure established by law.¹² No person shall be arrested except while committing an offence or on a warrant specifying the offence; he may not be detained without being informed of the charge or without immediate privilege of counsel.¹³ The right to be secure in one’s house, papers and effects shall not be impaired except on warrant issued for adequate cause and giving adequate particulars.¹⁴ Torture and cruel punishments are forbidden.¹⁵ The accused at a criminal trial has the right to examine all witnesses and to be represented by competent counsel at State expense, if he cannot provide it himself.¹⁰ No person shall be compelled to testify against himself, nor shall he be convicted solely on his own confession.¹ No person may be placed in double jeopardy, or convicted under a retroactive law? An acquitted accused may sue the State for redress?

³ Ibid., An.

* Ibid., An. 22.

* Ibid., An. 25.

¹¹ Ibid., An. 31.

¹¹ Ibid., An. 36.