Fundamental Rights in India


 

Fundamental Rights in India

 

Fundamental rights are required for the all round development of a human being. They make the life of people meaningful by giving them rights like speech and to live in an area of their choice.

The fundamental rights are :

  • Right to Equality
  • Right to Freedom
  • Right against Exploitation
  • Right to Freedom of Conscience and Religion
  • Cultural and Educational Rights for minorities
  • Right to Constitutional Remedies

 

Right to Equality

It refers to equality before law and equal protection of law. Prohibition or discrimination on the grounds of religion, caste, races, gender or place of birth is offensive and one can seek justice from court.

 

Right to Freedom

Six different types of freedom are mentioned in the Constitution. They are:

  • Freedom of speech and expression.
  • Freedom to assemble peacefully without arms.
  • Freedom to form associations and unions.
  • Freedom to reside and settle in any part of India.
  • Freedom to move freely throughout the territory of India.
  • Freedom to practice any profession and carry on any occupation, trade or business.

 

Right against Exploitation

It is against the law to employ children below 14 years of age in mines, factories or other occupations. Neither contractor nor an employer can force a worker to do a job against the their will.

 

Right to Freedom of Conscience and Religion

This right gives the citizens freedom to follow and practice a religion of their choice. All citizens have the freedom of conscience or ideas. The citizens also have the freedom to follow their own ways for practicing any religion.

 

Cultural and Educational Rights

The Constitution gives us the right to preserve, protect and promote culture. We have the right to open schools, associations and societies to preserve and promote our tradition and culture. Similarly a group of people may open a school for imparting religious education to children. The government also promotes such activities by giving grants. However, such institutions cannot deny admission to anyone based on their caste, colour, creed or even religion.

 

Right to Constitutional Remedies

Fundamental Rights are guaranteed by the Constitution. By this right, a person can adopt Constitutional means and approach a court if he is denied the Fundamental Rights. The court then issues orders which are called ‘Writs’ to the government to restore the rights to the citizen. The Constitutional Remedies put to right anything which may be wrong in terms of the Constitution. This right therefore protects and safeguards all other rights.

 

 

Fundamental Rights

 

Freedom of Assembly

  • Guaranteed by the Article 19(1)(b)
  • Recently violated in the evacuation of Baba Ramdev from the Ramlila Maidan
  • Section 144 of the CrPC imposed in the area around Jantar Mantar in August 2011
    • Because of this there is a ban on any protest or even gathering of four or more people in the area
  • By seeking to deny citizens the right to stage even peaceful, non-violent protests, the regime is betraying not just intolerance but also a lack of confidence in the face of growing public anger against political corruption and the cover-up of allegations of corruption.
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