FUNDAMENTAL RIGHTS UNDER INDIAN CONSTITUTION

The Constitution of India is regarded as the lengthiest written constitution of any sovereign nation in the world. When the Constitution was first written, it consisted of 395 articles which were divided in 22 parts and 8 schedules. Currently, it has a preamble which guarantees India to be a sovereign, socialist, secular and democratic republic and promises to secure all its citizens, to provide justice, liberty of thought, expression belief, faith and worship, equality, and fraternity. Now, it consists of 25 parts, 12 schedules, 5 appendices and 448 articles and has undergone 101 amendments in total. The constitution provides to us fundamental rights and directive principles which are enlisted in Part 3 of The Constitution.

Fundamental rights are also known as inborn rights or inherent rights because they are inherent to each and every person by birth. These are the basic rights provided to an individual for the mere purpose of his survival. No discrimination is allowed on the basis of religion, sex, caste, creed, and colour. And if a person feels that the fundamental rights of his have been infringed, he can move to the court seeking remedy for the violation of his rights. This ensures civil liberty to every citizen of this country in order for people to love peacefully. This also prevents the State from exercising arbitrary use of power and snatching the freedoms of the citizens. The Fundamental rights are-

1) Right to equality- Law treats everyone equally and no one is above the law. Equal treatments must be given to each and every human being and no discrimination shall be done on any basis. An equal opportunity should be given to each and every individual to prove themselves and their capabilities and no one should be favoured based on race, creed, religion or gender.

2) Right to freedom- Every individual has the right to freedom, this freedom may be the right he possesses to form an association, to peacefully assemble, to travel and to freely move or reside in any part of the territory, to practise any profession which they want in the territory. They should possess the basic freedoms like the right to education, right to life, right to liberty, right to dignity etc.

3) Right to freedom of religion – Every individual is free to practise and propagate any religion. India is regarded as a secular country which means it has no religion of its own, and respects every religion as well as the choice of the people to choose the religion of their choice. It gives the people the freedom to attend any religious ceremonies at religious institutions. No one can force a person to change their religion or go against any religion. A person is entitled to the choice of his own religion.

4) Right against exploitation- Right against forced labour and human trafficking. In the case of M.C.Mehta vs. State of Tamil Nadu the Supreme Court held that children below the age of 14 years cannot be employed in any hazardous industries and laid own exhaustive guidelines on how the State should protect the rights of millions of children.

5) Cultural and educational rights- This protects the different cultures present in India. It protects the rights of minority communities as well as their cultures. Education institutions must be established and primary education must be provided to children below the age of 14 years.

6) Right to seek constitutional remedies- any individual has the right to move to any court of law if their fundamental rights are infringed or violated. There are 5 writs which mean “order of court”. If fundamental rights are infringed a citizen can directly approach the Supreme Court. The writs are-

1) Habeas corpus

2) Mandamus

3) Prohibition

4) Certiorari

5) Quo warranto

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

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.