Fundamental Rights

The constitution guarantees six fundamental rights. They form a very

important part of the constitution. These fundamental rights are

(1) Right to Equality
(2) Right to Freedom
(3) Right Against Exploitation
(4) Right to Freedom of Religion
(5) Cultural and Educational Rights.
(6) Right to Constitutional Remedies.

These rights are fundamental or basic human rights. Human rights are rights
that a man acquires at the time of the birth only. Every Indian citizen without any
discrimination has the right to enjoy these rights. These rights have been guaranteed
into the constitution. Every citizen in a democratic country needs these rights in order
to grow as a balanced and responsible citizen. A citizen has the right to go to the court
of law if he/she is denied these rights.

Right to Equality

The constitution guarantees that the laws of the country will equally protect
everyone. In other words, the state cannot discriminate against a citizen on the bases
of race, caste, sex, religion or place of birth. It cannot discriminate against anyone in
matters of employment. All citizens can apply for government jobs. But this rights
has some exceptions. The constitution provides special provision for schedule castes,
schedule tribes and other backward classes. Also there are special provisions for
women and children. This type of policy is known as Positive Discrimination or
Defensive Discrimination policy.

Untouchability is an evil in Indian society. Our constitution has abolished the
practice of untouchability. It is an offence. The law can punish anyone practicing
untouchability. The aim of this right is to establish an equal society.


Right to Freedom

The right to freedom is actually a cluster of the following six freedoms.

(1) Right to speech and expression
(2) Right to assemble peacefully and without arms
(3) Right to form associations or unions
(4) Right to move freely throughout the territory of India
(5) Right to live and settle in any part of India
(6) Right to practice any profession or to carry any trade or business.

In addition to above this freedom of person and life are also added. No citizen
can be denied his life and liberty. No one can be arrested without being told the
reason for such arrest. The arrested person has to appoint a lawyer of his choice. An
arrested person has to be brought before the nearest magistrate within twenty four
hours except under exception.

The constitution also imposes restrictions on these rights on some matters such
as public arrangement, national unity and integrity, contempt of a court of law,
defamation, public order and morality, exciting someone for violence.

This right is very crucial for democracy .


Right against Exploitation

When we accept everyone as human we cannot treat anyone as a Slave.
One cannot be kept in captivity. He cannot be treated as forced labourer. Citizens are
protected against such exploitation. Any person committing this crime is punishable.

In the same way, if the children below the age of 14 years are asked to do
work beyond their capacity and if they are employed in a factory, mines or such
dangerous places it is also their exploitation. This becomes a serious crime under
child labour law.

Right to Freedom of Religion

Right to freedom of religion provides religious freedom to all the citizens of
India. All religions are equal before the state and no religion will be given preference
over the other by the state.

The religious communities can set up charitable institutions of their own. The
state will not interfere in any of community religious matters.

However religious freedom also has to be observed under certain limitation as
in the interest of public order, morality and health.




Cultural and Educational Rights

India is a country of multiple religions, languages and cultures. Based on
these the constitution provides special measures to protect the rights of the minorities.
Any community which has a language and script of its own has the right to conserve
and develop them. No citizen can be discriminated against admission because of
religion or language. All minorities, religious or linguistic can set up their own
educational institutions. They can preserve their culture.

Right to Constitutional Remedies

Right to constitutional remedies is not only a special right for fundamental
rights but also a very special feature of our constitution. This right empowers the
citizens to go the court in case of denial of any of the above fundamental rights. This
is their fundamental right. The court of law stands a s a guard against the violation of
these right.

Under this right it becomes duty of the Judiciary to attend all complains that
the citizens should get proper justice. Dr. Babasaheb Ambedkar has considered this
right as Soul of the Constitution.

Fundamental Duties

Fundamental duties are the constitutional obligations imposed on every citizen
of India. Fundamental duties are incorporated in the constitution in 1976 after certain
changes. Its principal objective is to stimulate sense of patriotism, awareness,
towards some noble ideals and values, making every citizen accountable to uplift the
nation. It is the duty of every citizen to contribute towards defending national
sovereignty and integrity and contribute towards maintaining unity and harmony of
the nation. The following duties are incorporated in the fundamental duties.

(1) To abide by and respect the constitution, national flag and national
anthem.
(2) To cherish and follow the Nobel ideas of our national freedom struggle
(3) To uphold and protect sovereignty, unity and integrity of India
(4) To defend the country and render national service when required
(5) To promote common brotherhood of all people in India and renounce
practices derogatory to the dignity of women
(6) To value and preserve the rich heritage of the nations composite
character
(7) To protect and improve national environment have compassion for
living creatures
(8) To develop scientific temper, humanism and spiriti of inquiry
(9) To safeguard public property and abjure violence
(10) To strive towards excellence in all spheres of individual and collective
activities so that the nation constantly rises to higher levels of endeavor
and achievement.



The citizens should voluntarily perform these duties. Attempts should be
made to stimulate awareness and consciousness to observe these duties. Students in
schools and colleges must be made aware of the importance of these duties and their
follow up.
10 December is celebrated as Human Rights Day
6 January is celebrated as Fundamental Duty Day

It is duty of every citizen to observe all these duties

Directive Principles of State Policy

The Indian constitution has included Directive principles of State policy. The
Directive principles are actually directions given by the constitution to the union and
the state governments to adopt such policies that would help establish a just society in
our country. These principles are about the practical implementation of the objectives
and ideals presented in the Preamble by adopting various policies and programs. The
primary aim of these principles is to establish a social system based on social,
economical and political justice. In words of Dr. Babasaheb Ambedkar We have
made an attempt to establish a political democracy in our constitution. Political
democracy is incomplete without social and economical democracy.

These principles incorporated such rights as required for the overall
development of mankind.

Some of these principles are

(1) State should try to prevent concentration of wealth
(2) Resources such as water, land, forest must be made available
for common welfare.
(3) State should take measures to preserve good health of labourers
and tender children and should see that they are not forced to
undertake any work that harms their health.
(4) State should promote public health, animal husbandry.
(5) It should prevent cow slaughter and other milk giving animals
(6) It should promote cottage industries, forests, wild life and
ancient monuments
(7) It should take steps to increase partnership of labourers in the
management of industries
(8) It should extend free legal help to weaker sections of the
society.
(9) It should make attempt to maintain international peace and
security, to establish just relation between nations, and to
increase honour for international law.

The basic difference between fundamental rights and directive principles is
that one can go to the court of law for implementation of or breaking of fundamental
rights, while one cannot go to court of law in the matter of directive principles.

In words of Dr. Babasaheb Ambedkar These principles hold crucial
importance in countrys rule. They are the foundation of governing power.