FUNDAMENTAL RIGHTS

Part III - Fundamental Rights is a charter of rights contained in the Constitution of India. It
guarantees civil liberties such that all Indians can lead their lives in peace and harmony as
citizens of India. These include individual rights common to most liberal democracies, such as
equality before law, freedom of speech and expression, freedom of association and peaceful
assembly, freedom to practice religion, and the right to constitutional remedies for the protection
of civil rights by means of writs such as habeas corpus. Violations of these rights result in
punishments as prescribed in the Indian Penal Code, subject to discretion of the judiciary. The
Fundamental Rights are defined as basic human freedoms which every Indian citizen has the
right to enjoy for a proper and harmonious development of personality. These rights universally
apply to all citizens, irrespective of race, place of birth, religion, caste, creed, color or Gender.
They are enforceable by the courts, subject to certain restrictions. The Rights have their origins
in many sources, including England's Bill of Rights, the United States Bill of Rights and France's
Declaration of the Rights of Man.

The seven fundamental rights recognised by the constitution are[1]

1. The right to equality

2. The right to freedom
3. The right to freedom from exploitation
4. The right to freedom of religion
5. Cultural and educational rights
6. The right to constitutional remedies

Rights mean those freedoms which are essential for personal good as well as the good of the
community. The rights guaranteed under the Constitution of India are fundamental as they have
been incorporated into the "fundamental Law of the land" and are enforceable in a court of law.
However, this does not mean that they are absolute or that they are immune from Constitutional
amendment.[2]

Fundamental rights for Indians have also been aimed at overturning the inequalities of pre-
independence social practices. Specifically, they have also been used to abolish untouchability
and hence prohibit discrimination on the grounds of religion, race, caste, sex, or place of birth.
They also forbid trafficking of human beings and forced labour. They also protect cultural and
educational rights of ethnic and religious minorities by allowing them to preserve their languages
and also establish and administer their own education institutions.
GENESIS

The development of constitutionally guaranteed fundamental human rights in India was inspired
by historical examples such as England's Bill of Rights (1689), the United States Bill of Rights
(approved on 17 September 1787, final ratification on 15 December 1791) and France's
Declaration of the Rights of Man (created during the revolution of 1789, and ratified on 26
August 1789).[2] Under the educational system of British Raj, students were exposed to ideas of
democracy, human rights and European political history. The Indian student community in
England was further inspired by the workings of parliamentary democracy and Britishers
political parties.

In 1919, the Rowlatt Act gave extensive powers to the British government and police, and
allowed indefinite arrest and detention of individuals, warrant-less searches and seizures,
restrictions on public gatherings, and intensive censorship of media and publications. The public
opposition to this act eventually led to mass campaigns of non-violent civil disobedience
throughout the country demanding guaranteed civil freedoms, and limitations on government
power. Indians, who were seeking independence and their own government, were particularly
influenced by the independence of Ireland and the development of the Irish constitution. Also,
the directive principles of state policy in Irish constitution were looked upon by the people of
India as an inspiration for the independent India's government to comprehensively tackle
complex social and economic challenges across a vast, diverse nation and population.

In 1928, the Nehru Commission composing of representatives of Indian political parties

proposed constitutional reforms for India that apart from calling for dominion status for India
and elections under universal suffrage, would guarantee rights deemed fundamental,
representation for religious and ethnic minorities, and limit the powers of the government. In
1931, the Indian National Congress (the largest Indian political party of the time) adopted
resolutions committing itself to the defense of fundamental civil rights, as well as socio-
economic rights such as the minimum wage and the abolition of untouchability and serfdom.[3]
Committing themselves to socialism in 1936, the Congress leaders took examples from the
constitution of the erstwhile USSR, which inspired the fundamental duties of citizens as a means
of collective patriotic responsibility for national interests and challenges.

When India obtained independence on 15 August 1947, the task of developing a constitution for
the nation was undertaken by the Constituent Assembly of India, composing of elected
representatives under the presidency of Rajendra Prasad. While members of Congress composed
of a large majority, Congress leaders appointed persons from diverse political backgrounds to
responsibilities of developing the constitution and national laws.[4] Notably, Bhimrao Ramji
Ambedkar became the chairperson of the drafting committee, while Jawaharlal Nehru and Sardar
Vallabhbhai Patel became chairpersons of committees and sub-committees responsible for
different subjects. A notable development during that period having significant effect on the
Indian constitution took place on 10 December 1948 when the United Nations General Assembly
adopted the Universal Declaration of Human Rights and called upon all member states to adopt
these rights in their respective constitutions.

The fundamental rights were included in the First Draft Constitution (February 1948), the
Second Draft Constitution (17 October 1948) and final Third Draft Constitution (26 November
1949) prepared by the Drafting Committee.

Significance and characteristics

The fundamental rights were included in the constitution because they were considered essential
for the development of the personality of every individual and to preserve human dignity. The
writers of the constitution regarded democracy of no avail if civil liberties, like freedom of
speech and religion were not recognized and protected by the State.[5] According to them,
"democracy" is, in essence, a government by opinion and therefore, the means of formulating
public opinion should be secured to the people of a democratic nation. For this purpose, the
constitution guaranteed to all the citizens of India the freedom of speech and expression and
various other freedoms in the form of the fundamental rights.[6]

All people, irrespective of race, religion, caste or sex, have been given the right to move the
Supreme Court and the High Courts for the enforcement of their fundamental rights. It is not
necessary that the aggrieved party has to be the one to do so. Poverty stricken people may not
have the means to do so and therefore, in the public interest, anyone can commence litigation in
the court on their behalf. This is known as "Public interest litigation".[7] In some cases, High
Court judges have acted on their own on the basis of newspaper reports.

These fundamental rights help not only in protection but also the prevention of gross violations
of human rights. They emphasize on the fundamental unity of India by guaranteeing to all
citizens the access and use of the same facilities, irrespective of background. Some fundamental
rights apply for persons of any nationality whereas others are available only to the citizens of
India. The right to life and personal liberty is available to all people and so is the right to freedom
of religion. On the other hand, freedoms of speech and expression and freedom to reside and
settle in any part of the country are reserved to citizens alone, including non-resident Indian
citizens.[8] The right to equality in matters of public employment cannot be conferred to overseas
citizens of India.[9]

Fundamental rights primarily protect individuals from any arbitrary state actions, but some rights
are enforceable against individuals.[10] For instance, the Constitution abolishes untouchability and
also prohibits begar. These provisions act as a check both on state action as well as the action of
private individuals. However, these rights are not absolute or uncontrolled and are subject to
reasonable restrictions as necessary for the protection of general welfare. They can also be
selectively curtailed. The Supreme Court has ruled[11] that all provisions of the Constitution,
including fundamental rights can be amended. However, the Parliament cannot alter the basic
structure of the constitution. Features such as secularism and democracy fall under this category.
Since the fundamental rights can only be altered by a constitutional amendment, their inclusion
is a check not only on the executive branch, but also on the Parliament and state legislatures.[12]
A state of national emergency has an adverse effect on these rights. Under such a state, the rights
conferred by Article 19 (freedoms of speech, assembly and movement, etc.) remain suspended.
Hence, in such a situation, the legislature may make laws which go against the rights given in
Article 19. Also, the President may by order suspend the right to move court for the enforcement
of other rights as well.

Right to equality
Right to equality is an important right provided for in Articles 14, 15, 16, 17 and 18 of the
constitution. It is the principal foundation of all other rights and liberties, and guarantees the
following:

 Equality before law: Article 14 of the constitution guarantees that all citizens shall be equally
protected by the laws of the country. It means that the State [5] cannot discriminate against a
citizen on the basis of caste, creed, colour, sex, religion or place of birth. [13] According to the
Electricity Act of 26 January 2003 the Parliament has the power to create special courts [14] for
the speedy trial of offences committed by persons holding high offices. Creation of special courts
is not a violation of this right.

 Social equality and equal access to public areas: Article 15 of the constitution states that no
person shall be discriminated on the basis of caste, colour, language etc. Every person shall have
equal access to public places like public parks, museums, wells, bathing ghats and temples etc.
However, the State may make any special provision for women and children. Special provisions
may be made for the advancements of any socially or educationally backward class or scheduled
castes or scheduled tribes.[15]

 Equality in matters of public employment: Article 16 of the constitution lays down that the State
cannot discriminate against anyone in the matters of employment. All citizens can apply for
government jobs. There are some exceptions. The Parliament may enact a law stating that
certain jobs can only be filled by applicants who are domiciled in the area. This may be meant
for posts that require knowledge of the locality and language of the area. The State may also
reserve posts for members of backward classes, scheduled castes or scheduled tribes which are
not adequately represented in the services under the State to bring up the weaker sections of
the society. Also, there a law may be passed which requires that the holder of an office of any
religious institution shall also be a person professing that particular religion. [16] According to the
Citizenship (Amendment) Bill, 2003, this right shall not be conferred to Overseas citizens of India.
[9]

 Abolition of untouchability: Article 17 of the constitution abolishes the practice of

untouchability. Practice of untouchability is an offense and anyone doing so is punishable by
law.[17] The Untouchability Offences Act of 1955 (renamed to Protection of Civil Rights Act in
1976) provided penalties for preventing a person from entering a place of worship or from
taking water from a tank or well.
  Abolition of Titles: Article 18 of the constitution prohibits the State from conferring any titles.
Citizens of India cannot accept titles from a foreign State. [18] The British government had created
an aristocratic class known as Rai Bahadurs and Khan Bahadurs in India — these titles were also
abolished. However, Military and academic distinctions can be conferred on the citizens of India.
The awards of Bharat Ratna and Padma Vibhushan cannot be used by the recipient as a title and
do not, accordingly, come within the constitutional prohibition". [19] The Supreme Court, on 15
December 1995, upheld the validity of such awards.

Right to freedom
The Constitution of India contains the right to freedom, given in articles 19, 20, 21 and 22, with
the view of guaranteeing individual rights that were considered vital by the framers of the
constitution. The right to freedom in Article 19 guarantees the following six freedoms:[20]

 Freedom of speech and expression, which enable an individual to participate in public activities.
The phrase, "freedom of press" has not been used in Article 19, but freedom of expression
includes freedom of press. Reasonable restrictions can be imposed in the interest of public
order, security of State, decency or morality.

 Freedom to assemble peacefully without arms, on which the State can impose reasonable
restrictions in the interest of public order and the sovereignty and integrity of India.

 Freedom to form associations or unions on which the State can impose reasonable restrictions
on this freedom in the interest of public order, morality and the sovereignty and integrity of
India.

 Freedom to move freely throughout the territory of India though reasonable restrictions can be
imposed on this right in the interest of the general public, for example, restrictions may be
imposed on movement and travelling, so as to control epidemics.

 Freedom to reside and settle in any part of the territory of India which is also subject to
reasonable restrictions by the State in the interest of the general public or for the protection of
the scheduled tribes because certain safeguards as are envisaged here seem to be justified to
protect indigenous and tribal peoples from exploitation and coercion. [21] Article 370 restricts
citizens from other Indian states and Kashmiri women who marry men from other states from
purchasing land or property in Jammu & Kashmir.[22]

 Freedom to practice any profession or to carry on any occupation, trade or business on which
the State may impose reasonable restrictions in the interest of the general public. Thus, there is
no right to carry on a business which is dangerous or immoral. Also, professional or technical
qualifications may be prescribed for practicing any profession or carrying on any trade.

The constitution also guarantees the right to life and personal liberty, which in turn cites specific
provisions in which these rights are applied and enforced:

 Protection with respect to conviction for offences is guaranteed in the right to life and personal
liberty. According to Article 20, no one can be awarded punishment which is more than what
 the law of the land prescribes at that time. This legal axiom is based on the principle that no
criminal law can be made retrospective, that is, for an act to become an offence, the essential
condition is that it should have been an offence legally at the time of committing it. Moreover,
no person accused of any offence shall be compelled to be a witness against himself.
"Compulsion" in this article refers to what in law is called "Duress" (injury, beating or unlawful
imprisonment to make a person do something that he does not want to do). This article is
known as a safeguard against self incrimination. The other principle enshrined in this article is
known as the principle of double jeopardy, that is, no person can be convicted twice for the
same offence, which has been derived from Anglo Saxon law. This principle was first established
in the Magna Carta.[23]

 Protection of life and personal liberty is also stated under right to life and personal liberty.
Article 21 declares that no citizen can be denied his life and liberty except by law. [24] This means
that a person's life and personal liberty can only be disputed if that person has committed a
crime. However, the right to life does not include the right to die, and hence, suicide or an
attempt thereof, is an offence. (Attempted suicide being interpreted as a crime has seen many
debates. The Supreme Court of India gave a landmark ruling in the year 1994. The court
repealed section 309 of the Indian penal code, under which people attempting suicide could
face prosecution and prison terms of up to one year. [25] In the year 1996 however another
Supreme Court ruling nullified the earlier one. [26]) "Personal liberty" includes all the freedoms
which are not included in Article 19 (that is, the six freedoms). The right to travel abroad is also
covered under "personal liberty" in Article 21. [27]

 In 2002, through the 86th Amendment Act, Article 21(A) was incorporated. It made the right to
primary education part of the right to freedom, stating that the State would provide free and
compulsory education to children from six to fourteen years of age. [28] Six years after an
amendment was made in the Indian Constitution, the union cabinet cleared the Right to
Education Bill in 2008. It is now soon to be tabled in Parliament for approval before it makes a
fundamental right of every child to get free and compulsory education. [29]

 Rights of a person arrested under ordinary circumstances is laid down in the right to life and
personal liberty. No one can be arrested without being told the grounds for his arrest. If
arrested, the person has the right to defend himself by a lawyer of his choice. Also an arrested
citizen has to be brought before the nearest magistrate within 24 hours. The rights of a person
arrested under ordinary circumstances are not available to an enemy alien. They are also not
available to persons detained under the Preventive Detention Act. Under preventive detention,
the government can imprison a person for a maximum of three months. It means that if the
government feels that a person being at liberty can be a threat to the law and order or to the
unity and integrity of the nation, it can detain or arrest that person to prevent him from doing
this possible harm. After three months such a case is brought before an advisory board for
review.[30]

The constitution also imposes restrictions on these rights. The government restricts these
freedoms in the interest of the independence, sovereignty and integrity of India. In the interest of
morality and public order, the government can also impose restrictions. However, the right to life
and personal liberty cannot be suspended. The six freedoms are also automatically suspended or
have restrictions imposed on them during a state of emergency.
Right against exploitation

Child labour and Begar is prohibited under Right against exploitation.

The right against exploitation, given in Articles 23 and 24, provides for two provisions, namely
the abolition of trafficking in human beings and Begar (forced labor),[31] and abolition of
employment of children below the age of 14 years in dangerous jobs like factories and mines.
Child labour is considered a gross violation of the spirit and provisions of the constitution.[32]
Begar, practised in the past by landlords, has been declared a crime and is punishable by law.
Trafficking in humans for the purpose of slave trade or prostitution is also prohibited by law. An
exception is made in employment without payment for compulsory services for public purposes.
Compulsory military conscription is covered by this provision.[31]

Right to freedom of religion

Right to freedom of religion, covered in Articles 25, 26, 27 and 28, provides religious freedom to
all citizens of India. The objective of this right is to sustain the principle of secularism in India.
According to the Constitution, all religions are equal before the State and no religion shall be
given preference over the other. Citizens are free to preach, practice and propagate any religion
of their choice.

Religious communities can set up charitable institutions of their own. However, activities in such
institutions which are not religious are performed according to the laws laid down by the
government. Establishing a charitable institution can also be restricted in the interest of public
order, morality and health.[33] No person shall be compelled to pay taxes for the promotion of a
particular religion.[34] A State run institution cannot impart education that is pro-religion.[35] Also,
nothing in this article shall affect the operation of any existing law or prevent the State from
making any further law regulating or restricting any economic, financial, political or other
secular activity which may be associated with religious practice, or providing for social welfare
and reform.[36]

Cultural and educational rights

The Flag of India

As India is a country of many languages, religions, and cultures, the Constitution provides
special measures, in Articles 29 and 30, to protect the rights of the minorities. Any community
which has a language and a script of its own has the right to conserve and develop it. No citizen
can be discriminated against for admission in State or State aided institutions.[37]

All minorities, religious or linguistic, can set up their own educational institutions in order to
preserve and develop their own culture. In granting aid to institutions, the State cannot
discriminate against any institution on the basis of the fact that it is administered by a minority
institution.[38] But the right to administer does not mean that the State can not interfere in case of
maladministration. In a precedent-setting judgment in 1980, the Supreme Court held that the
State can certainly take regulatory measures to promote the efficiency and excellence of
educational standards. It can also issue guidelines for ensuring the security of the services of the
teachers or other employees of the institution. In another landmark judgement delivered on 31
October 2002, the Supreme Court ruled that in case of aided minority institutions offering
professional courses, admission could only be through a common entrance test conducted by
State or a university. Even an unaided minority institution ought not to ignore the merit of the
students for admission.

Right to constitutional remedies

Right to constitutional remedies empowers the citizens to move a court of law in case of any
denial of the fundamental rights. For instance, in case of imprisonment, the citizen can ask the
court to see if it is according to the provisions of the law of the country. If the court finds that it
is not, the person will have to be freed. This procedure of asking the courts to preserve or
safeguard the citizens' fundamental rights can be done in various ways. The courts can issue
various kinds of writs. These writs are habeas corpus, mandamus, prohibition, quo warranto and
certiorari. When a national or state emergency is declared, this right is suspended by the central
government.[39]

Critical analysis
The fundamental rights have been criticised for many reasons. Political groups have demanded
that the right to work, the right to economic assistance in case of unemployment, old age, and
similar rights be enshrined as constitutional guarantees to address issues of poverty and
economic insecurity,[40] though these provisions have been enshrined in the Directive Principles
of state policy.[41] The right to freedom and personal liberty has a number of limiting clauses, and
thus have been criticized for failing to check the sanctioning of powers often deemed
"excessive".[40] There is also the provision of preventive detention and suspension of fundamental
rights in times of Emergency. The provisions of acts like the Maintenance of Internal Security
Act (MISA) and the National Security Act (NSA) are a means of countering the fundamental
rights, because they sanction excessive powers with the aim of fighting internal and cross-border
terrorism and political violence, without safeguards for civil rights.[40] The phrases "security of
State", "public order" and "morality" are of wide implication. People of alternate sexuality is
criminalized in India with prison term up to 10 years. The meaning of phrases like "reasonable
restrictions" and "the interest of public order" have not been explicitly stated in the constitution,
and this ambiguity leads to unnecessary litigation.[40] The freedom to assemble peacably and
without arms is exercised, but in some cases, these meetings are broken up by the police through
the use of non-fatal methods.[42][43]

"Freedom of press" has not been included in the right to freedom, which is necessary for
formulating public opinion and to make freedom of expression more legitimate.[40] Employment
of child labour in hazardous job environments has been reduced, but their employment even in
non-hazardous jobs, including their prevalent employment as domestic help violates the spirit
and ideals of the constitution. More than 16.5 million children are employed and working in
India.[44] India was ranked 88 out of 159 in 2005, according to the degree to which corruption is
perceived to exist among public officials and politicians worldwide.[45] The right to equality in
matters regarding public employment shall not be conferred to Overseas citizens of India,
according to the Citizenship (Amendment) Bill, 2003.[9]

Amendments
Changes to the fundamental rights require a constitutional amendment which has to be passed by
a special majority of both houses of Parliament. This means that an amendment requires the
approval of two-thirds of the members present and voting. However, the number of members
voting should not be less than the simple majority of the house — whether the Lok Sabha or
Rajya Sabha.

The right to education at elementary level has been made one of the fundamental rights under the
Eighty-Sixth Amendment of 2002[28].

Right to property

The Constitution originally provided for the right to property under Articles 19 and 31. Article
19 guaranteed to all citizens the right to acquire, hold and dispose off property. Article 31
provided that "no person shall be deprived of his property save by authority of law." It also
provided that compensation would be paid to a person whose property has been taken for public
purposes.
The provisions relating to the right to property were changed a number of times. The Forty-Forth
Amendment of 1978 deleted the right to property from the list of fundamental rights[46] A new
provision, Article 300-A, was added to the constitution which provided that "no person shall be
deprived of his property save by authority of law". Thus if a legislature makes a law depriving a
person of his property, there would be no obligation on the part of the State to pay anything as
compensation. The aggrieved person shall have no right to move the court under Article 32.
Thus, the right to property is no longer a fundamental right, though it is still a constitutional
right. If the government appears to have acted unfairly, the action can be challenged in a court of
law by citizens[40].

The liberalisation of the economy and the government's initiative to set up special economic
zones has led to many protests by farmers and have led to calls for the reinstatement of the
fundamental right to private property.[47] The Supreme Court has sent a notice to the government
questioning why the right should not be brought back.

As in 2007 the supreme court unanimously said that the fundamental rights are a basic structure
of the constitution and cannot be removed or diluted.

Right To Education
On 1 April 2010, India joined a group of few countries in the world, with a historic law making
education a fundamental right of every child coming into force.[48] Making elementary education
an entitlement for children in the 6-14 age group, the Right of Children to Free and Compulsory
Education Act, 2009 will directly benefit children who do not go to school at present.

Prime Minister Manmohan Singh announced the operationalisation of the Act. Children, who
had either dropped out of schools or never been to any educational institution, will get
elementary education as it will be binding on the part of the local and State governments to
ensure that all children in the 6-14 age group get schooling. As per the Act, private educational
institutions should reserve 25 per cent seats for children from the weaker sections of society. The
Centre and the States have agreed to share the financial burden in the ratio of 55:45, while the
Finance Commission has given Rs. 25,000 crore to the States for implementing the Act. The
Centre has approved an outlay of Rs.15,000 crore for 2010-2011.

The school management committee or the local authority will identify the drop-outs or out-of-
school children aged above six and admit them in classes appropriate to their age after giving
special training

The Constitution of India clearly defines the responsibilities of Indian citizen, their Fundamental
Rights and Duties. Part II of the Indian Constitution covers the clauses on Citizenship.
Fundamental Rights are covered in Part III of the Constitution, while the Fundamental Duties are
written in Article 51A. The Constitution, in a way, make the citizens aware of their core rights
and responsibilities through the articles dealing with the fundamental Rights and Duties.
Article 5 to Article 11 of the Constitution include the following:
Article 5: This Article is about Indian Citizenship at the commencement of the Constitution
Article 6: Rights of citizenship of certain persons who have migrated to India from Pakistan are
mentioned in this Article
Article 7: This Article deals with Rights of citizenship of certain migrants to Pakistan
Article 8: Rights of citizenship of certain persons of Indian origin residing outside India are dealt
with in this Article
Article 9: This Article specifies that Persons voluntarily acquiring citizenship of a foreign state
are not to be citizens of the country
Artilce 10: The Continuance of the rights of citizenship is mentioned in this Article
Article 11: This Article authorizes Parliament to regulate the right of citizenship by law

Fundamental Rights of the Indian Citizen

Article 12 to 35 of the Indian Constitution covers the Fundamental Rights of the citizen of the
country. All these Fundamental Rights indicate that all the citizens are equally treated by the
nation irrespective of caste, sex and creed. The basic Fundamental Rights enumerated in Part III
of the Indian Constitution are categorized under 7 sections apart from the general segment. The
sections are as follows:

General Rights:

Article 12: The Definition of Fundamental Rights is given in this Article

Article 13:The Article comprises Laws of inconsistent with or in derogation of the Fundamental
Rights

Right to Equality:

Article 14: The provisions regarding Equality before Law are included in this Article
Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
is specified in this Article
Article 16: This Article consists of Rights of Equality of opportunity in matters of public
employment
Article 17: Abolition of untouchability is mentioned in this particular Article
Article 18: This Article provides details about Abolition of titles

Right to Freedom:

Article 19: Protection of certain rights regarding freedom of speech, etc. are clearly specified in
the Article
Article 20: This Article states the Protection in respect of conviction for offenses
Article 21: Protection of life and personal liberty is mentioned in the Article
Article 22: This Article deals with Protection against arrest and detention in certain cases
Right against exploitation:

Article 23: The details of Prohibition of traffic in human beings and forced labor are presented in
this Article
Article 24: The Article contains Prohibition of employment of children in factories, etc.

Right to Freedom of Religion:

Article 25: Particulars of Freedom of conscience and free profession, practice and propagation of
religion are clearly enumerated in this Article
Article 26: The Article specifies the Freedom to manage religious affairs
Article 27: Freedom as to payment of taxes for promotion of any particular religion is stated in
the Article
Article 28: This Article includes Freedom as to attendance at religious instruction or religious
worship in certain education institutions

Cultural and Educational rights:

Article 29: Protection of interests of minorities is specified in detailed form in this Article
Article 30: Right of minorities to establish and administer educational institutions is scripted in
this very
Article
Article 31: The Article dealing with Compulsory acquisition of property has been repealed
through the Constitution Act, 1978 under 44th Amendment

Saving of Certain Laws:

Article 31A: This Article contains Savings of laws providing for acquisition of estates, etc.
Article 31B: Validation of certain Acts and Regulations are mentioned in the Article
Article 31C: This Article deals with Saving of laws giving effect to certain directive principles
Article 31D: The Article dealing with Saving of laws in respect of anti-national activities has
been repealed by Constitution Act, 1977 and was recorded in the 43rd Amendment

Right to Constitutional Remedies:

Article 32: Remedies for enforcement of rights conferred by this part have been included in the
Article
Article 32A: Repealed
Article 33: This particular Article addresses the Power of Parliament to modify the rights
conferred by this Part in their application to forces, etc.
Article 34: Restriction on rights conferred by this Part while martial law is in force in any area is
mentioned in the Article
Article 35: This Article indicates the Legislation to give effect to the provisions of this Part
Fundamental Duties
The Fundamental Duties scripted in the Constitution of India are different from the Fundamental
rights. This is because Fundamental Rights are considered as the basic rights to be enjoyed by
the citizens of the nation while the Duties are conferred upon people to be followed by them
accordingly. The Fundamental Duties of the citizens of India mentioned in Article 51A of the
Indian Constitution are as follows:

To respect and incorporate the ideals which were the very base of our national struggle for
freedom
To follow the Constitution and respect its institutions, the National Flag and the National
Anthem
To spread the message of peace and brotherhood amongst all the Indian citizens irrespective of
linguistic, religious and regional or sectional diversities
To discontinue practices pertaining to the impairment of the dignity of women
To protect and promote the sovereignty, unity and integrity of India
To protect public property and to avoid violence
To respect and preserve the rich heritage of Indian culture
To contribute towards making improvements in all spheres of individual and collective functions
to take the nation to new heights of achievement
To develop the spirit of inquiry and reform, a scientific temper and sense of humanism
To provide defense and national service when called upon to the country during hours of crisis
To preserve the natural environment of India like the forests, lakes, rivers and wild life and to
have a compassionate outlook towards the living creatures

************************************************************************************************************************

Article 21 of the Constitution enumerates that "No person shall be deprived of his life or personal liberty
accept according to procedure established by law". The kind of life contemplated in the article can be
gathered from the pronouncement of the Supreme Court. The Maneka Gandhi vs. Union of India case is a
milestone in the field of Fundamental Rights and the court gave a new dimension to Article 21. 

It held that the right to live is not merely confined to physical existence but includes within its ambit the
right to live with human dignity. The Supreme Court reiterating the same view but in an elaborate way in
Frances Coralie Vs. Union Territory of Delhi, said that "The right to live is not restricted to mere animal
existence, it means something more then just physical survival. The right to 'live' is not confined to the
protection of any faculty or limb through which life is enjoyed or the soul communication with the outside
world but it also includes the right to live with human dignity, and all those that goes with it." 

Following Maneka Gandhi and Francis Coralie, the Supreme Court in People Union for Democratic Rights
Vs. Union of India, held that the non-payment of minimum wages to the workers employed in various
Asiad projects in Delhi was denial to them of their right to live with basic human dignity and violative of
Article 21 of the Constitution. Further the Court in State of Maharashtra Vs. Chandrabhand struck down a
provision of Bombay Civil Service Rules, 1959, which provided for payment of only a nominal subsistence
allowance of Re 1 per month to a suspended government servant as unconstitutional on the ground that it
was violation of Act 21 of the Constitution

The supreme law of the country, the Constitution of India, too provides certain rights to children
and prohibits child labour. Such provisions are as follows:

 Article 24 provides that no child below the age of 14 years shall be employed in any
factory or mine or engaged in any other hazardous work.

 Article 39 (f) says that state, in particular, shall direct its policy towards securing that the
health and strength of workers, men and women and the tender age of the children are not
abused and that citizens are not forced by economic necessity to enter vocations unsuited
to their age or strength.

 Article 39 (f) provides that children are given opportunities and facilities to develop in a
healthy manner and in conditions of freedom and dignity and that childhood and youth
are protected against exploitations and against moral and material abandonment.

 Article 45 declares that the state shall endeavour to provide, within the period of 10 years
from the commencement of the Constitution, free and compulsory education for all
children until they complete the age of 14 years.

 Article 21A (added by the 86th Amendment Act 2002) provides that the state shall
provide free and compulsory education to all children between the age of six to 14 years
in such a manner as the state may by law determine.

 Article 51A(k) (added by the 86th Amendment Act 2002) provides who is parent or
guardian to provide opportunities for education to his child or the case may be, ward
between the age of six and 14 years.
Right to Compensation for Violation of Fundamental Rights

The function of the Supreme Court with respect to the fundamental rights is to protect and enforce
the fundamental rights given in Part III of the Constitution of India.

Under article 32, we have fundamental right to move Supreme Court for the protection of our
fundamental rights. The Supreme Court has the power to grant compensation for violation of
fundamental rights under Article 32. The power of the Court under Article 32 is not merely preventive,
that is, preventing the infringement of fundamental rights but also remedial in nature, i.e. power to
grant compensation. Since fundamental rights are guaranteed by the State, it is against the State that
the remedy is sought.

Human rights in India

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The situation of human rights in India is a complex one, as a result of the country's large size
and tremendous diversity, its status as a developing country and a sovereign, secular, democratic
republic, and its history as a former colonial territory. The Constitution of India provides for
Fundamental rights, which include freedom of religion. Clauses also provide for Freedom of
Speech, as well as separation of executive and judiciary and freedom of movement within the
country and abroad.

It is often held, particularly by Indian human rights groups and activists, that members of the
Dalit or Untouchable caste have suffered and continue to suffer substantial discrimination.
Although human rights problems do exist in India, the country is generally not regarded as a
human rights concern, unlike other countries in South Asia[1]. Based on these considerations, the
report Freedom in the World 2006 by Freedom House gave India a political rights rating of 2,
and a civil liberties rating of 3, earning it the highest possible rating of free[2]

Contents
[hide]

 1 Chronology of events regarding human rights in India

 2 Custodial deaths
 3 Indian administered Kashmir
 4 Press Freedom
 5 LGBT rights
 6 Human trafficking
 7 Religious violence
 8 Caste related issues
 9 Other violence
 10 See also
 11 References
 12 External links

Chronology of events regarding human rights in India

 1829 - The practice of sati was formally abolished by Governor General William Bentick after
years of campaigning by Hindu reform movements such as the Brahmo Samaj of Ram Mohan
Roy against this orthodox Hindu funeral custom of self-immolation of widows after the death of
their husbands.
 1929 - Child Marriage Restraint Act, prohibiting marriage of minors under 14 years of age is
passed.
  1947 - India achieves political independence from the British Raj.
 1950 - The Constitution of India establishes a sovereign democratic republic with universal adult
franchise. Part 3 of the Constitution contains a Bill of Fundamental Rights enforceable by the
Supreme Court and the High Courts. It also provides for reservations for previously
disadvantaged sections in education, employment and political representation.
 1952 - Criminal Tribes Acts repealed by government, former "criminal tribes" categorized as
"denotified" and Habitual Offenders Act (1952) enacted.
 1955 - Reform of family law concerning Hindus gives more rights to Hindu women.
 1958 -Armed Forces (Special Powers) Act, 1958-[3]

 1973 - Supreme Court of India rules in Kesavananda Bharati case that the basic structure of the
Constitution (including many fundamental rights) is unalterable by a constitutional amendment.
 1975-77 - State of Emergency in India - extensive rights violations take place.
 1978 - SC rules in Menaka Gandhi v. Union of India that the right to life under Article 21 of the
Constitution cannot be suspended even in an emergency.
 1978-Jammu and Kashmir Public Safety Act, 1978 [4][5]

 1984 - Operation Blue Star and the subsequent 1984 Anti-Sikh riots
 1985-6 - The Shah Bano case, where the Supreme Court recognised the Muslim woman's right to
maintenance upon divorce, sparks protests from Muslim clergy. To nullify the decision of the
Supreme Court, the Rajiv Gandhi government enacted The Muslim Women (Protection of Rights
on Divorce) Act 1986
 1989 - Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 is passed.
 1989–present - Kashmiri insurgency sees ethnic cleansing of Kashmiri Pandits, desecrating Hindu
temples, killing of Hindus and Sikhs, and abductions of foreign tourists and government
functionaries.
 1992 - A constitutional amendment establishes Local Self-Government (Panchayati Raj) as a
third tier of governance at the village level, with one-third of the seats reserved for women.
Reservations were provided for scheduled castes and tribes as well.
 1992 - Babri Masjid demolished by Hindu mobs, resulting in riots across the country.
 1993 - National Human Rights Commission is established under the Protection of Human Rights
Act.
 2001 - Supreme Court passes extensive orders to implement the right to food. [6]
 2002 - Violence in Gujarat, chiefly targeting its Muslim minority, claims many lives.
 2005 - A powerful Right to Information Act is passed to give citizen's access to information held
by public authorities.[7]
 2005 - National Rural Employment Guarantee Act (NREGA) guarantees universal right to
employment.
 2006 - Supreme Court orders police reforms in response to the poor human rights record of
Indian police.[8]
 2009 - Delhi High Court delcares that Section 377 of the Indian Penal Code, which outlaws a
range of unspecified "unnatural" sex acts, is unconstitutional when applied to homosexual acts
between private consenting individuals, effectively decriminalising homosexual relationships in
India.[9] See also: Homosexuality in India

Custodial deaths
Despite state prohibitions against torture and custodial misconduct by the police, torture is
widespread in police custody, which is a major reason behind deaths in custody.[10][11] The police
often torture innocent people until a 'confession' is obtained to save influential and wealthy
offenders.[12] G.P. Joshi, the programme coordinator of the Indian branch of the Commonwealth
Human Rights Initiative in New Delhi comments that the main issue at hand concerning police
violence is a lack of accountability of the police.[13]

In 2006, the Supreme Court of India in a judgment in the Prakash Singh vs. Union of India case,
ordered central and state governments with seven directives to begin the process of police
reform. The main objectives of this set of directives was twofold, providing tenure to and
streamlining the appointment/transfer processes of policemen, and increasing the accountability
of the police.[14]

Indian administered Kashmir

Several international agencies and the UN have reported human rights violations in Indian-
administered Kashmir. In a recent press release the OHCHR spokesmen stated "The Office of the
High Commissioner for Human Rights is concerned about the recent violent protests in Indian-
administered Kashmir that have reportedly led to civilian casualties as well as restrictions to the
right to freedom of assembly and expression."[15].A 1996 Human Rights Watch report accuses the
Indian military and Indian-government backed paramilitaries of "committ[ing] serious and
widespread human rights violations in Kashmir."[16] One such alleged massacre occurred on
January 6, 1993 in the town of Sopore. TIME Magazine described the incident as such: "In
retaliation for the killing of one soldier, paramilitary forces rampaged through Sopore's market
setting buildings ablaze and shooting bystanders. The Indian government pronounced the event
'unfortunate' and claimed that an ammunition dump had been hit by gunfire, setting off fires that
killed most of the victims."[17] In addition to this, there have been claims of disappearances by the
police or the army in Kashmir by several human rights organizations.[18][19]

A soldier guards the roadside checkpoint outside Srinagar International Airport in January 2009.

Many human rights organizations such as Amnesty International and the Human Rights Watch
(HRW) have condemned human rights abuses in Kashmir by Indians such as "extra-judicial
executions", "disappearances", and torture;[20] the "Armed Forces Special Powers Act", which
"provides impunity for human rights abuses and fuels cycles of violence. The Armed Forces
Special Powers Act (AFSPA) grants the military wide powers of arrest, the right to shoot to kill,
and to occupy or destroy property in counterinsurgency operations. Indian officials claim that
troops need such powers because the army is only deployed when national security is at serious
risk from armed combatants. Such circumstances, they say, call for extraordinary measures."
Human rights organizations have also asked Indian government to repeal[21] the Public Safety
Act, since "a detainee may be held in administrative detention for a maximum of two years
without a court order."[22]. A 2008 report by the United Nations High Commissioner for Refugees
determined that Indian Administered Kashmir, was 'partly Free',[23] (where as Pakistan
administered Kashmir was determined 'Not Free').[24]

Press Freedom
Main article: Freedom of press in India

According to the estimates of Reporters Without Borders, India ranks 105th worldwide in press
freedom index (press freedom index for India is 29.33 for 2009).[25] The Indian Constitution,
while not mentioning the word "press", provides for "the right to freedom of speech and
expression" (Article 19(1) a). However this right is subject to restrictions under subclause (2),
whereby this freedom can be restricted for reasons of "sovereignty and integrity of India, the
security of the State, friendly relations with foreign States, public order, preserving decency,
preserving morality, in relation to contempt of court, defamation, or incitement to an offence".
Laws such as the Official Secrets Act and Prevention of Terrorism Act [26] (POTA) have been
used to limit press freedom. Under POTA, person could be detained for up to six months before
the police were required to bring charges on allegations for terrorism-related offenses. POTA
was repealed in 2004, but was replaced by amendments to UAPA.[27] The Official Secrets Act
1923 remains in effect.

For the first half-century of independence, media control by the state was the major constraint on
press freedom. Indira Gandhi famously stated in 1975 that All India Radio is "a Government
organ, it is going to remain a Government organ..." [28] With the liberalization starting in the
1990s, private control of media has burgeoned, leading to increasing independence and greater
scrutiny of government. Organizations like Tehelka and NDTV have been particularly
influential, e.g. in bringing about the resignation of powerful Haryana minister Venod Sharma.
In addition, laws like Prasar Bharati act passed in recent years contribute significantly to
reducing the control of the press by the government.

LGBT rights
Main article: Homosexuality in India

Until the Delhi High Court decriminalised consensual private sexual acts between consenting
adults on June 2, 2009,[29] homosexuality was considered criminal as per interpretations of the
ambiguous Section 377 of the 150 year old Indian Penal Code (IPC), a law passed by the
colonial British authorities. However, this law was very rarely enforced.[30] In its ruling
decriminalising homosexuality, the Delhi High Court noted that existed law conflicted with the
fundamental rights guaranteed by the Constitution of India, and such criminalising is violative of
Articles 21, 14 and 15 of the Constitution.[31]

Human trafficking
Human trafficking is a $8 million illegal business in India. Around 10,000 Nepali women are
brought to India annually for commercial sexual exploitation.[32] Each year 20,000-25,000
women and children are trafficked from Bangladesh.[33]

Babubhai Khimabhai Katara was a Member of Parliament when arrested for smuggling a child to
Canada.

Religious violence
Main article: Religious violence in India

Communal conflicts between religious groups (mostly between Hindus and Muslims) have been
prevalent in India since around the time of its independence from British Rule. Among the oldest
incidences of communal violence in India was the Moplah rebellion, when Militant Islamists
massacred Hindus in Kerala. Communal riots took place during the partition of India between
Hindus/Sikhs and Muslims where large numbers of people were killed in large-scale violence.

The 1984 Anti-Sikh Riots was a four-day period during which Sikhs were massacred by
members of the secular-centrist Congress Party of India; some estimates state that more than
2,000 were killed.[34] Other incidents include the 1992 Bombay Riots and the 2002 Gujarat
violence —in the latter, more than 1,000 Muslims (no citation) were killed following a militant
Islamist attack on a train full of Hindu pilgrims in the Godhra Train Burning, where 58 Hindus
were killed.[35]. Lesser incidents plague many towns and villages; representative was the killing
of five people in Mau, Uttar Pradesh during Hindu-Muslim rioting, which was triggered by the
proposed celebration of a Hindu festival.[35] Other such communal incidents include the 2002
Marad massacre, which was carried out by the militant Islamist group National Development
Front, as well as communal riots in Tamil Nadu executed by the Islamist Tamil Nadu Muslim
Munnetra Kazagham against Hindus.

Caste related issues

Main articles: Caste system in India, Caste politics in India, and Caste-related violence in India

According to a report by Human Rights Watch, "Dalits and indigenous peoples (known as
Scheduled Tribes or adivasis) continue to face discrimination, exclusion, and acts of communal
violence. Laws and policies adopted by the Indian government provide a strong basis for
protection, but are not being faithfully implemented by local authorities."[36]

Amnesty International says "it is the responsibility of the Indian government to fully enact and
apply its legal provisions against discrimination on the basis of caste and descent.[37]
Denotified tribes of India, along with many nomadic tribes collectively 60 million in population,
continue to face social stigma and economic hardships, despite the fact Criminal Tribes Act
1871, was repealed by the government in 1952 and replaced by Habitual Offenders Act (HOA)
(1952), as effectively it only created a new list out of the old list of so-called "criminal tribes.
These tribes even today face the consequences of the 'Prevention of Anti-Social Activity Act'
(PASA), which only adds to their everyday struggle for existence as most of them live below
poverty line. National Human Rights Commission and UN’s anti-discrimination body
Committee on the Elimination of Racial Discrimination (CERD) have asked the government to
repeal this law as well, as these former "criminalized" tribes continue to suffer oppression and
social ostracization at large and many have been denied SC, ST or OBC status, denying them
access to reservations which would elevated their economic and social status [38][39][40].

Other violence
Conflicts such as Anti-Bihari sentiment have sometimes escalated to violence.

Invasive methods like 'narcoanalysis' (controlled anesthesia) is now commonly permitted by

Indian courts for crime investigation. Even though according to Indian constitution "nobody may
be made a witness against himself", courts have recently proclaimed that even a permission from
court is not necessary for conducting this practice. Narcoanalysis is now widely used to
replace/circumvent the lack of skill and infrastructure for conducting scientific methods of crime
investigation.[original research?] Narcoanalysis is also alleged[who?] as against medical ethics.

It has been found that more than half of the prisoners of the country are detained without
adequate evidence. Unlike in other democratic countries, the investigation in India generally
commence with the arrest of the accused. As the judicial system is understaffed and sluggish, it
is not uncommon to find innocent civilians languishing in jail for many years. For instance, the
Bombay high court in September 2009 asked the Maharashtra government to pay Rs 1 lakh as
compensation to a 40-year-old man who languished in prison for over 10 years for a crime he
didn’t commit.