VIII.Civics.Chapter 17.Fundamental Rights.

Chapter 17.Learning.

Fundamental Rights,

Fundamental Duties and Directive Principles of State Policy You have read in the previous chapter about the basic structure and elements of the Indian Constitution.  Our Constitution framers had tried to transform the ideals given in the Preamble into reality and that would not have been possible without granting some Fundamental Rights to the people of India, without any discrimination.  After a long period of slavery and exploitation at the hands of the Britishers, people aspired for a life where the mind is without fear and the head is held high;  where education is free and for all;  where every citizen has the freedom of religion and faith, where the sole aim of the government is welfare of the people, especially of the downtrodden.  

In this chapter, we will study about those provisions of the Indian Constitution which help us to achieve our goals and fulfill our aspirations.  

Fundamental Rights.

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.  Fundamental Rights are an essential element of every democratic country.  Since we were denied the most of the civil and political rights by the British, one of the most important aspirations of the people was that they should have some basic rights, which cannot be violated.  

Therefore, the Constitution of India provides six Fundamental Rights 

1. Right to Equality 

2. Right to Freedom 

3. Right against Exploitation 

4. Right to Freedom of Religion 

5. Cultural and Educational Rights Right to Constitutional Remedies .  

FUNDAMENTAL RIGHTS of Indian Citizens 

Do You Know?  The Constitution of India is also provided for the Right to Property as a Fundamental Right.  The 44th Amendment of 1978 removed this right from the list of Fundamental Rights Fundamental Rights Page 195

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Let us learn more about the Fundamental Rights.

Right to Equality 

1. Equality before Law.  

2. Prohibition of discrimination on grounds of religion race, caste, sex or place of birth. 

3. Equality of opportunity in matters of public employment 

4. Abolition of untouchability.  

5. Abolition of titles.  Equality before Law 

Right to Freedom 

1. Freedom of speech and expression. 

2. Freedom to assemble peacefully and without arms.  

3. Freedom to form associations and unions.  

4. Freedom to move freely throughout the territory of India.  Right to Peaceful Gathering 

5. Freedom to reside and settle in any part of India.  

6. Freedom to practice any profession or to carry on any occupation, trade or business.  Right to Freedom also includes the following provisions, 

Protection in respect of conviction for an offence.  

Protection of life and personal liberty.  

Protection against arbitrary arrest and detention.  

Right to Education.  Right to Education 

Do You Know?  In August 2017, a Nine - judge bench headed by the Chief Justice of India unanimously arrived at the landmark verdict, declaring Right to Privacy as a Fundamental Right, which could have a bearing on several aspects of law, lifestyle and governance.

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Do you know?  Right to Education was included in the Constitution in 2002 for the first time as a Fundamental Right.  According to this, the State shall provide free and compulsory education to all children in the age group of 6–14 years.  

Right against Exploitation. 

1. Prohibition of traffic in human beings, all forms of forced labor and begar (work without payment).  

2. Prohibition of employment of children below the age of 14 years in any factory, mine or hazardous occupations.  Child Labor 

Do You Know?  

Right to Information was given the status of a Fundamental Right in 2005. This Right enables people to seek information from the government departments and institutions on matters affecting the society.  However, information may be denied if it is likely to impair the security of the country.  

Right to Freedom of Religion 

1. Freedom of conscience and the right to profess, practice and propagate any religion.  

2. Freedom to every religious institution to manage its own affairs in matters of religion.  

3. State will not collect any taxes for promotion of any particular religion.  

4 No religious insecucit of state fundsarted in any educational institution, which is wholly or Page.198

Cultural and Educational Rights 

1. It guarantees to preserve, maintain and promote one's culture and language, 

2. The minorities will be given assistance by the state to establish and administer educational institutions of their own to preserve and develop their culture.  

Right to Constitutional Remedies The Constitution of India has not only listed fundamental rights, but has also prescribed remedies against their violation.  If a citizen feels that one of her / his Fundamental Rights has been violated by an executive order, she / he may request the Supreme Court / High Courts to issue the appropriate writ for the reinstatement of her / his rights - The writs are Habeas Corpus  , Mandamus, Prohibition, Quo Warranto and Certiorari.  

The Fundamental Rights protect the citizens against the misuse of power by the government or some institutions or individuals.  Therefore, the Fundamental Rights are justiciable and are protected by the Court.  

In case, a Fundamental Right is violated, one can move to the court of law and seek justice.  But our Fundamental Rights are not absolute or unlimited.  The Constitution has imposed certain restrictions to check the abuse of these rights.  Besides, the State is allowed to impose some reasonable restrictions in the interest of public order, decency, morality, etc.  Do you know?  

Five Writs. 

The power of issuing writs is given to the Supreme Court to ensure the enjoyment of rights by the people and to restore their rights in case of any violation.  The five types of writs are: 1. Habeas Corpus which means an unlawfully detained person may be produced before the Court to find out whether the detention was legal or not.  It is the most valuable right for the protection of personal liberty.  

2. Mandamus is issued when a public servant has failed to perform a duty.  In such a case, the court orders the concerned official to perform the duty not performed earlier.  

3. Prohibition means to prohibit or forbid.  This writ is normally issued by a superior court to the lower court asking it not to proceed with a case which does not fall under its jurisdiction.  4. Quo Warranto is issued to restrain a person from acting in a public office to which she / he is not entitled.  

5. Certiorari means to be more fully informed of.  If a superior court wants some additional information or records from a lower court to enable itself to deal with the case more effectively, this writ may be issued.  

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Restrictions on Fundamental Rights. 

Having studied the six fundamental rights, we should remember one very important point about l of them that they are not absolute.  It means that some restrictions are imposed upon them to afeguard the interests of the entire community.  Certain limitations are necessary for the meaningful enjoyment of these rights.  However, these restrictions or limitations should be reasonable and in the interest of public order, morality, sovereignty and integrity of India.  Here are some of the examples where restrictions are justified.  

1. To prevent spread of infectious diseases, the free movement of the people can be restricted.  

2. Freedom to practice any profession does not mean to take up gambling, smuggling, hoarding or any other profession, which is injurious or hazardous to the society.  

3. No body can claim to be a doctor or a lawyer unless she / he has the essential qualifications.  

4. Freedom of expression does not mean to speak or write any thing you feel like.  Any thought or expression that disturbs public peace or harmony or instigates communal violence will not be allowed.  

Fundamental Duties.

Rights without duties are meaningless.  It has been rightly said, 'if a person does not perform her / his duties, others cannot enjoy their rights.  Thus, duties precede rights.  Therefore, it was in 1976 that Fundamental Duties were added to Indian Constitution through 42nd Amendment.  Originally.  and every citizen is expected to perform them.  there were ten Fundamental Duties, but now they are eleven.  Fundamental Duties are obligations It shall be the duty of every citizen of India: 

1. to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.  

2. to cherish and follow the noble ideals which inspired our national struggle for freedom. 

3. to uphold and protect the sovereignty, unity and integrity of India.  

4. to defend the country and render national service when called upon to do so.  National Emblem 

5. to promote harmony and the spirit of common brotherhood amongst all the people of India;  to renounce practices derogatory to the dignity of women.  

6. to value and preserve the rich heritage of our composite culture.  

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7. To protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for all living creatures.  

8. to develop scientific temper, humanism and the spirit of inquiry and reform.  

9. to safeguard public property and to abjure violence.  Protect environment

10. To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievement 11. Parents or guardians should provide opportunities for education to her / his child or ward between the age of  six and fourteen years (added by 86th Amendment in 2002).  

Directive Principles of State Policy.

The Directive Principles of State Policy are guidelines / instructions given by the Constitution the governments at all levels are expected to frame their policies in accordance with these principles with an aim to achieve our national goals and establish a welfare state in India  .  Dr.  B.R.  Ambedkar considered these guidelines as powerful instruments for the transformation of India from a political democracy into an economic and social democracy.  

Classification of the Directive Principles.

Although the Directive Principles of State Policy are in a large number, they have been grouped into four main categories.They are- 

(a) Economic principles 

(b) Social principles 

(c) Gandhian principles 

(d) Principles related to international peace and security.

Only two principles from each category are being given below to make you understand the nature of Directive Principles.  

(a) Economic Principles 

(i) To secure equal pay for equal work for both men and women.  

(ii) To provide adequate means of livelihood for all.  

(b) Social Principles 

(i) To make efforts to raise the standard of living and public health.  

(ii) To guard children against exploitation and moral degradation.  

(c) Gandhian Principles 

(i) To organise village Panchayats.  

(ii) To promote cottage industries.  

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(Gandhi National Rural Rajgar Guarantee Act according to the Constitution, Indian secularism has two aspects. One is that every citizen of India is free to believe in and practice any religion of her / his own choice. It also implies that every religious Mahatma Gandhi Nolionol Rural  Employment Guarantee Act 

Principles related to International Peace and Security 

(i) To maintain just and honourable relations between nations. 

(ii) To promote international peace and security 

Significance of Directive Principles of State Policy 

Though the Directive Principles of State Policy are non - justiciable,  yet these are the moral vigations on the part of the governments at all levels to work for the welfare of the people.  

a Fundamen Right. 

1. Right to Education has become a Fundamental Right. 

2. Environment Protection Act and Wildlife Protection Acts have been passed. 

3. National Commissio  n for the welfare of women has been established.  

4. Right to Work has been implemented for the rural unemployed under MNREGA (Mahatma Gandhi Rural Employment Guarantee Act). 

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Secularism

Page.202.group has freedom to manage its own affairs.  The second aspect is that the state will not discriminate against any group or individual on the basis of religion.  It means that our Constitution observes strict impartiality towards all religions and does not propagate any religion.  This impartial attitude of being secular has been guaranteed in several ways at various places in the Constitution.  For example, the Preamble itself had assured Liberty of belief, faith and worship alike, the provisions that establish secularism are also there in the Fundamental Rights.  Equality before law, equal opportunity to secure a job without discrimination on the ground of religion, and the freedom of religion and worship are ample guarantees of secularism.  Besides this, the Right to Freedom of Religion, allows full freedom to all the citizens as well as the aliens in their religious matters.  They can worship the way they like, but without interfering with the religious beliefs and ways of worship of others.  Significance The concept of secularism is based on equal treatment to all the religions.  Secularism is not merely desirable but essential for the healthy existence of a pluralist society, such as ours.  Indian secularism is related to the constitutional values ​​of liberty, equality, justice and fraternity Secularism is important for India for the following reasons It enables people of different religions to live in harmony with other faiths.  It is a part of democracy, which grants equal rights.  It protects the rights given to the minorities.  It safeguards democracy by limiting the powers of the majority.

Do you know?  Inspite of so many provisions already existing in the Constitution, the word secular was introduced in the Preamble in 1976 by the 424 Amendment of the Constitution.  The purpose behind adding this word in the Preamble was mainly to reiterate that secularism was a part of the basic ideology of India.  The inclusion simply emphasizes that India does not have any State religion.

Indian Secularism. 

Many a times, the government does not strictly follow the policy of non-interference with the religious matters and practices.  To respect the sentiments of all religions, the government sometimes.

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Lakes certain exceptions for a particular community.  

For example, the wearing and carrying of Kirpan included in the Sikh religion.  So, they are allowed to keep a Kirpan with them as a religious symbol.Like, the wearing of a Pagri by Sikhs is again a religious symbol.So, the Sikhs are allowed to wear Pagri in schools or other institutions.  

The intervention of the state in the religious and social practices of a particular religion may be aimed at eradicating certain social evils which are a stigma in the name of the present civilized society.

For example, the practice of untouchability by the so - called 'upper castes' towards the 'low castes' has been abolished because it is based on discrimination and violates the Fundamental Rights.  Like, personal laws based on religion can also be amended through the state intervention if they go against the principles of liberty, equality and justice.  For example, Right of Inheritance in some communities has been amended.  

Although the state funding to the religious institutions is not permissible, yet the state can give financial aid on preferential basis to some of the religious communities for their welfare and upliftment.  So, some special grants can be provided to them. 

Keywords 

abjure: to give up.  

human trafficking: the act of buying and selling human beings.  

pluralist: a society in which many different groups and political parties are allowed to exist.  propagate: to spread and promote an idea, theory, religion, etc., widely. 

writ, it is a legal document that orders a person to do a particular thing, ne es 203