Fundamental Rights
Article 12 to 35 deals with fundamental rights. In Indian constitution , there are six fundamental rights.
- Right to Equality
- Right to Freedom
- Right against Exploitation
- Right to Freedom of Religion
- Cultural and Educational Rights
- Right to Constitutional Remedies
Right to Equality
The Right to Equality is enshrined in Part III (Article 14-18) of the Indian Constitution. It forms the bedrock of democracy and uploads human dignity in India.
The Right to Equality ensures that all citizens are treated equally before the law and are not subjected to discrimination based on various grounds. These grounds include religion, race, caste, sex, place of birth, or any other criteria
Articles Related to Right to Equality
Article 14: This article mandates that the State shall not deny any person equality before the law or the equal protection of the laws within the territory of India. Discrimination based on religion, race, caste, sex, or place of birth is prohibited.
Article 15: The State is prohibited from discriminating against any citizen solely on the grounds of religion, race, caste, sex, place of birth, or any combination thereof.
Article 16: Ensures equality of opportunity for all citizens in matters related to employment or appointment to any office under the State.
Article 17: Abolishes untouchability.
Article 18: Abolishes all titles except military and academic titles
The Right to Equality ensures fairness, justice, and equal treatment for all. It upholds the principles of a just and inclusive society
Right to Freedom
Let’s delve into the fundamental right of freedom enshrined in the Indian Constitution. This right is essential for safeguarding individual liberties and ensuring a democratic society.
Here are the key aspects related to the Right to Freedom:
Article 19: Protection of Six Rights
1.Right to Freedom of Speech and Expression:
Every citizen has the right to express opinions, ideas, and thoughts freely. This includes the freedom to speak, write, and communicate.
However, reasonable restrictions can be imposed by the State in the interest of national integrity, security, sovereignty, friendly relations with foreign nations, public order, decency, morality, contempt of court, defamation, or incitement to an offense.
2.Right to Assemble Peacefully Without Arms:
Citizens can gather peacefully for various purposes, such as protests, meetings, or celebrations.
Again, restrictions can be imposed by the State in the interest of national sovereignty, integrity, and public order.
3.Freedom to Form Associations, Unions, or Co-operative Societies:
Citizens have the right to form associations, unions, and co-operative societies. These organizations play a vital role in promoting collective interests and addressing common concerns.
The State can impose restrictions to protect national integrity, security, sovereignty, friendly relations with foreign nations, public order, or morality.
4.Right to Move Freely Throughout the Territory of India:
Citizens can travel within India without unnecessary restrictions. This right ensures mobility and access to different regions.
5.Right to Reside and Settle in Any Part of the Territory of India:
Citizens have the freedom to choose their place of residence within India. This right allows people to live and settle wherever they wish.
6. Freedom of Trade and Profession:
Citizens can engage in trade, business, or any profession of their choice. This right promotes economic independence and livelihood opportunities.
Article 20: Protection with Respect to Conviction for Offenses
This article ensures that no person shall be convicted for any act or omission that was not an offense at the time it was committed. It also prohibits double jeopardy (being tried twice for the same offense).
Article 21: Right to Life and Personal Liberty
The right to life and personal liberty is fundamental. It includes the right to live with dignity and the right to personal freedom. Any deprivation of life or personal liberty must be according to the procedure established by law.
Article 21A: Right to Elementary Education
This article recognizes the right of children aged 6 to 14 years to free and compulsory education.
Article 22: Protection Against Arrest and Detention
This article safeguards individuals against arbitrary arrest and detention. It outlines the rights of arrested persons, including the right to be informed of the grounds of arrest, the right to consult a legal practitioner, and the right to be produced before a magistrate within 24 hours.
Right against Exploitation
This right aims to safeguard citizens from various forms of exploitation. It is articulated in Articles 23 and 24. Here are the key points:
Article 23 – Prohibition of Traffic in Human Beings and Forced Labour:
Prohibition of Forced Labour: Article 23(1) explicitly prohibits traffic in human beings and any form of forced labor. Engaging in such activities is considered an offense punishable by law.
Exceptions: However, this article does not prevent the state from imposing compulsory service for public purposes. Importantly, the state must not discriminate based on religion, race, caste, or class when imposing such service.
Exploitation Context: Exploitation refers to the misuse of others’ services through force or labor without proper payment. For instance, begar (forced labor without remuneration) falls under this category.
Bonded Labor: Article 23 also renders bonded labor unconstitutional. Bonded labor occurs when an individual is compelled to provide services due to an unredeemable loan or debt.
Coercion and Trafficking: The Constitution deems any form of coercion unconstitutional. Thus, forcing landless individuals into labor or pushing vulnerable women into prostitution violates their rights. Additionally, trafficking (buying and selling individuals for illegal or immoral purposes) is prohibited.
Scope: Although the Constitution does not explicitly ban slavery, Article 23 encompasses a wide range due to its inclusion of terms like forced labor and traffic.
Protection from Private Citizens: Article 23 safeguards citizens not only from the state but also from private individuals.
Legislation: Under Article 35, the Parliament has the authority to enact laws to punish acts prohibited by Article 23.
Article 24 – Prohibition of Child Labor:
Child Labor: Article 24 prohibits the employment of children below the age of 14 years in any hazardous occupation or process. This provision ensures the protection of children’s rights and their well-being.
Positive Obligation: The state is obligated to take positive actions to eradicate child labor and create an environment where children can thrive.
Right to freedom of religion
Religion is a matter of belief or faith. The Constitution of India recognizes the significance of religion in the lives of its people and provides for the right to freedom of religion under Articles 25 to 28.
India’s secular model ensures that every person has the right and freedom to choose and practice their religion without discrimination.
Constitutional Provisions:
Article 25: Guarantees the right to profess, practice, and propagate any religion. It reflects India’s commitment to religious diversity.
Article 26: Provides the freedom to manage religious affairs, including the right to establish and maintain institutions for religious and charitable purposes.
Article 27: Ensures freedom from taxes for promoting any particular religion.
Article 28: Prohibits religious instruction in state-aided institutions
Cultural and Educational Rights
In the Indian Constitution, Articles 29 and 30 specifically address cultural and educational rights. Let’s delve into the details:
Article 29 – Protection of Interests of Minorities:
Article 29 (1): This provision grants any section of citizens residing in India with a distinct culture, language, or script the right to conserve their culture, language, and script.
Article 29 (2): It ensures that the State does not deny admission into educational institutions (whether maintained by the State or receiving aid from it) based solely on factors such as race, religion, caste, language, or any combination thereof.
Article 30 – Right of Minorities to Establish and Administer Educational Institutions:
Also known as the “Charter of Education Rights,” Article 30 provides the following:
Article 30 (1): All religious and linguistic minorities have the right to establish and administer educational institutions of their choice.
Article 30 (2): When granting aid to educational institutions, the State cannot discriminate against any institution based on whether it is under the management of a minority (whether based on religion or language).
These provisions aim to preserve the cultural diversity of India and provide avenues for all groups, including marginalized ones, to protect, preserve, and propagate their culture and educational institutions.
Constitutional Remedies
The Right to Constitutional Remedies is a crucial aspect of the Indian Constitution. It empowers citizens to seek legal remedies when their fundamental rights are violated by the State or any other entity.
Constitutional Remedies refer to the legal mechanisms provided by the constitution of a country to safeguard and enforce the fundamental rights of individuals.
These remedies allow citizens to seek relief from the judiciary when their constitutional rights are infringed upon by the State or any other institution or individual.
Article 32 : The Right to Constitutional Remedies is enshrined in Article 32 of the Indian Constitution. This fundamental right empowers individuals to move the Supreme Court or High Courts for the enforcement of their fundamental rights. It ensures that the government does not violate or disregard citizens’ fundamental rights
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