FUNDAMENTAL RIGHTS UNDER INDIAN CONSTITUTION

Fundamental Rights are those rights given to the citizens of India. These rights are mentioned under Part III from Articles 12-35 of Indian Constitution. They are offered irrespective of age, caste, gender, religion etc. There are six fundamental rights provided to the citizens of India. Right to equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights and Right to Constitutional Remedies. In case any of these fundamental rights are violated then under Article 32 of Indian Constitution the Supreme Court of India can be directly petitioned. The fundamental rights of India are originated from various including England’s Bill of Rights, the United States Bill of Rights and France’s Declaration of the Rights of Man. Fundamental Rights are enforceable by courts.

List of Fundamental Rights

  1. Right to Equality (Article 14-18)
  2. Right to Freedom (Article 19-22)
  3. Right against Exploitation (Article 23-24)
  4. Right to Freedom of Religion (Article 25-28)
  5. Cultural and Educational Rights (Article 29-30)
  6. Right to Constitutional Remedies (Article 32)

Earlier, there was one more fundamental right i.e., the right to property. However, this right was removed by the 44th Constitutional Amendment Act of 1978. Now the right to property is legal right and not a fundamental right. It was removed to turn down the gap between the rich and poor.

1. Right to Equality

Right to equality provides equal rights for everyone, irrespective of caste, gender, religion, race or place of birth. It is mentioned under Article 14-18 of Indian Constitution. It provides equal treatment to every citizen. It says there should not be any discrimination on the basis of gender, caste, religion, colour etc. The abolition of titles as well as untouchability are also included in this right.

2. Right to Freedom

Article 19-22 provides right to freedom to every citizens of India. The Indian Constitution guarantees freedom to citizens. Right to Freedom includes six rights such as:

(a) Freedom of speech and expression

(b) Freedom to assemble peacefully and without arms

(c) Freedom to form Associations and Unions

(d) Freedom to move freely throughout the territory of India

(e) Freedom to reside and settle in any part of India

(f) Freedom to practice any profession or to carry on any occupation, trade

or business

Reasonable restrictions can be imposed on them by the State.

3. Right against Exploitation

The citizens of India has been guaranteed the right against exploitation through Articles 23 and 24 of the Indian Constitution. This right implies:

  • The prohibition of traffic in human beings, begar, and other forms of forced labour.
  • The prohibition of children in factories as our constitution says no children below the age of 14 shall be employed to work in any factory or mines and should not be engaged in any hazardous work.

4. Right to Freedom of Religion

As our Constitution declares India as a secular state this right gives citizens to freely practice any religion, and to establish and maintain religious and charitable institutions. It has been guaranteed under Article 25-28 of Indian constitution.  Each and every religion is given equal respect. No discrimination can be done on the basis of religion. There is freedom of conscience, profession, practice and propagation of religion This right provides freedom to manage religious affairs. Every person has the right to freely practice his or her faith, establish and maintain religious and charitable institutions.

5. Cultural and Educational Rights

Each and every citizens are guaranteed Cultural and Educational Rights under article 29 and 30. These rights safeguards the rights of religious, cultural and linguistic minorities. Two major provisions have been made. They are protection of interests of minorities and minorities right to establish and administer educational institutions

6. Right to Constitutional Remedies

Right to Constitutional Remedies are provided under Article 32 of Indian Constitution. If any of the fundamental rights of citizens are violated the constitution guarantees remedies. Each and every individual have right to seek remedy from the Courts. They can even reach to The Supreme Court directly. Writs can be issued for enforcing fundamental rights.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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