RIGHTS IN CONSTITUTION OF INDIA DR. BABASAHEB AMBEDKAR TECHNOLOGICAL UNIVERSITY, LONERE
Department of Information Technology
● Name : Rohit Dinkar Gaikwad
● PRN : 2030331246036 ● Topic : Fundamental Rights in Constitution of India ● Under the guidance of : Prof. Ekta Bhise ma'am • INTRODUCTION
THE FIRST DEMAND FOR FUNDAMENTAL RIGHTS CAME IN THE FORM
OF THE “CONSTITUTION OF INDIA BILL, IN 1895. ALSO POPULARLY KNOWN AS THE SWARAJ BILL 1895, IT WAS WRITTEN DURING THE EMERGENCE OF INDIAN NATIONALISM AND INCREASINGLY VOCAL DEMANDS BY INDIANS FOR SELF-GOVERNMENT. IT TALKED ABOUT FREEDOM OF SPEECH, RIGHT TO PRIVACY, RIGHT TO FRANCHISE, ETC.
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, COLOUR OR SEX. FUNDAMENTAL RIGHTS IN INDIA ARE THE RIGHTS GUARANTEED UNDER PART III (ARTICLES 12-35) OF THE CONSTITUTION OF INDIA. THERE ARE SIX FUNDAMENTAL RIGHTS (ARTICLE 12 - 35) RECOGNIZED BY THE INDIAN CONSTITUTION.
1) THE RIGHT TO EQUALITY (ARTICLES 14-18)
2) THE RIGHT TO FREEDOM (ARTICLES 19-22) 3) THE RIGHT AGAINST EXPLOITATION (ARTICLES 23-24) 4) THE RIGHT TO FREEDOM OF RELIGION (ARTICLES 25-28) 5) CULTURAL AND EDUCATIONAL RIGHTS (ARTICLES 29-30) 6) THE RIGHT TO CONSTITUTIONAL REMEDIES (ARTICLE 32 AND 226) THE RIGHT TO EQUALITY THE RIGHT TO EQUALITY PROVIDES FOR THE EQUAL TREATMENT OF EVERYONE BEFORE THE LAW, PREVENTS DISCRIMINATION ON VARIOUS GROUNDS, TREATS EVERYBODY AS EQUALS IN MATTERS OF PUBLIC EMPLOYMENT, AND ABOLISHES UNTOUCHABILITY, AND TITLES THE PRINCIPLE REQUIRES A SYSTEMATIC RULE OF LAW THAT OBSERVES DUE PROCESS TO PROVIDE EQUAL JUSTICE AND REQUIRES EQUAL PROTECTION ENSURING THAT NO INDIVIDUAL NOR GROUP OF INDIVIDUALS BE PRIVILEGED OVER OTHERS BY THE LAW. THE RIGHT TO FREEDOM FREEDOM IS ONE OF THE MOST IMPORTANT IDEALS CHERISHED BY ANY DEMOCRATIC SOCIETY. THE INDIAN CONSTITUTION GUARANTEES FREEDOM TO CITIZENS. THE FREEDOM RIGHT INCLUDES MANY RIGHTS SUCH AS FREEDOM OF SPEECH FREEDOM OF EXPRESSION FREEDOM OF ASSEMBLY WITHOUT ARMS FREEDOM OF ASSOCIATION FREEDOM TO PRACTISE ANY PROFESSION FREEDOM TO RESIDE IN ANY PART OF THE COUNTRY THE RIGHT AGAINST EXPLOITATION THE RIGHT AGAINST EXPLOITATION ENSHRINED IN THE INDIAN CONSTITUTION GUARANTEES DIGNITY OF THE INDIVIDUAL. IT ALSO PROHIBITS THE EXPLOITATION OR MISUSE OF SERVICE BY FORCE OR INDUCEMENT IN THE FOLLOWING WAYS: IT PROHIBITS HUMAN TRAFFICKING I.E. IT CRIMINALISES BUYING AND SELLING OF HUMAN BEINGS LIKE A COMMODITY. IT ALSO PROHIBITS USE OF WOMEN OR GIRLS FOR IMMORAL PURPOSES. IT PROHIBITS SLAVERY, BEGAR, BONDED LABOUR OR OTHER FORMS OF FORCED LABOUR. THE GOVERNMENT CANNOT DISCRIMINATE ON THE BASIS OF RELIGION, RACE, COLOR, ETC. IT PROHIBITS THE EMPLOYMENT OF CHILDREN BELOW THE AGE OF 14 YEARS IN FACTORIES, MINES AND OTHER HAZARDOUS ACTIVITIES. THE RIGHT TO FREEDOM OF RELIGION FREEDOM OF RELIGION OR RELIGIOUS LIBERTY IS A PRINCIPLE THAT SUPPORTS THE FREEDOM OF AN INDIVIDUAL OR COMMUNITY, IN PUBLIC OR PRIVATE, TO MANIFEST RELIGION OR BELIEF IN TEACHING, PRACTICE, WORSHIP, AND OBSERVANCE. IT ALSO INCLUDES THE FREEDOM TO CHANGE ONE'S RELIGION OR BELIEFS, "THE RIGHT NOT TO PROFESS ANY RELIGION OR BELIEF" OR "NOT TO PRACTICE A RELIGION". CULTURAL AND EDUCATIONAL RIGHTS CULTURAL AND EDUCATIONAL RIGHTS PROVIDE THE RIGHTS TO ALL SECTION OF SOCIETY AND IT SAVES THEIR CULTURE SCRIPT OR LANGUAGE. THE IMAGE OF INDIAN SOCIETY COMES IN OUR MINDS AS A SOCIETY FULL OF DIVERSITY. IN SUCH A SOCIETY WITH VAST DIVERSITY, OUR CONSTITUTION BELIEVES THAT DIVERSITY IS OUR STRENGTH. THUS ONE OF THE FUNDAMENTAL RIGHTS IS THE RIGHT OF THE MINORITIES TO SAVE THEIR CULTURE. MINORITIES ARE GROUPS WHICH HAVE COMMON LANGUAGE OR RELIGION AND LIVE IN A PARTICULAR PART OF THE COUNTRY. THESE COMMUNITIES HAVE A CULTURE, LANGUAGE AND A SCRIPT OF THEIR OWN, AND HAVE THE RIGHT TO PRESERVE AND DEVELOP THESE. THE RIGHT TO CONSTITUTIONAL REMEDIES THERE IS A RIGHT IN INDIA WHICH STATES THAT A PERSON CAN MOVE TO SUPREME COURT IF HE/SHE WANTS TO GET THEIR FUNDAMENTAL RIGHTS PROTECTED. THIS RIGHT COMES UNDER ARTICLE 32 FOR SUPREME COURT AN ARTICLE 226 FOR THE HIGH COURT. IN THIS RIGHT, THE SUPREME COURT, AS WELL AS HIGH COURT, IS GIVEN THE POWER TO INSTILL THE FUNDAMENTAL RIGHTS. FURTHERMORE, THE POWER CAN BE ISSUED BY LOCAL COURTS ALSO TO EXTEND THE RIGHTS. ALTHOUGH, THERE IS ONE ACT WHICH COMES UNDER THE MILITARY LAW KNOWN AS THE COURT- MARTIAL WHICH IS EXEMPTED FROM THIS RIGHT. CONCLUSION
FUNDAMENTAL RIGHTS PLAY A VERY SIGNIFICANT ROLE
IN THE LIFE OF ANY CITIZEN. THESE RIGHTS CAN DEFEND DURING THE TIME OF COMPLEXITY & DIFFICULTY AND HELP US GROW INTO A GOOD HUMAN BEING AND THAT’S WHY ALL THE RIGHTS ARE THE NEEDS OF PEOPLE. THANK YOU...