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What are my Fundamental Rights under the Indian Constitution?

The Indian Constitution was adopted on January 26, 1950 which is the primary law guaranteeing certain basic rights to billions of Indians. This huge document gives many important provisions for the functioning of executive, legislature and judiciary, but the Fundamental Rights stand out as one of the most important parts which ensures individual liberty, equality, and dignity. These rights are given in Part III of the Constitution which guarantees essential freedoms and protects citizens against arbitrary actions by the state.

The Fundamental Rights are divided into six broad sections:

Right to Equality,
Right to Freedom
Right against Exploitation
Right to Freedom of Religion
Cultural and Educational Rights
Right to Constitutional Remedies

These rights are discussed below:

Right to Equality (Articles 14-18)

The Right to Equality is one of the most important provisions in the Indian Constitution. It guarantees that every individual is treated equally before the law and should be given equal protection of the laws. This right is important in ending discrimination and promoting fairness in life.

Article 14: This right ensures that everyone is treated equally under the law, no matter who they are. The government can't single anyone out and treat them differently than others. It means that everyone should get the same fair shake when it comes to the law. This principle makes sure that people in similar situations are treated the same and that no one is treated unfairly just because of who they are or what they believe in.
Article 15: This right says that nobody should be treated differently because of their religion, race, caste, gender, or where they were born. It aims to get rid of the social divisions and unfairness that are so common in India. But it also lets the government make special rules for women, kids, and people who are behind in society and education. This is so that those who need it can get a chance to improve their lives.
Article 16: This right ensures equality of opportunity in matters of public employment. It prohibits discrimination in employment or appointment to any office under the state on grounds of religion, race, caste, sex, descent, place of birth, or residence. This provision is important for creating an inclusive society based on merits.
Article 17: This right abolishes "untouchability" and prohibits any form of untouchability. Untouchability was a social evil in India, and therefore its abolition was important in ensuring social justice.
Article 18: It abolishes any kinds of titles except for military and academic distinctions. This is important because it prevents the creation of a hierarchical society based on titles and ensures that all citizens are treated with equal respect.

Right to Freedom (Articles 19-22)

The Right to Freedom is very important to the idea of democracy because it helps individuals to express themselves, associate freely, and carry their interests within the limits.

Article 19 guarantees six fundamental freedoms:

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

These freedoms are not absolute in nature and can be restricted in the interests of the sovereignty (supreme power or authority to make decisions regarding the country) and integrity (unity and oneness) of India, public order, decency, morality, or in relation to contempt of court, defamation, or incitement to an offence.

Article 20: This right protects people who are accused of crimes. It ensures that no one is punished for an act that wasn't illegal when they did it, and it prevents accused from being tried twice for the same crime (double jeopardy) or being forced to testify against themselves (self-incrimination).
Article 21: This article says that no one can take away your life or freedom, unless it's done in a legal way. The courts have said that this also includes a bunch of other rights, like the right to keep your personal stuff private, the right to live in a clean environment, and the right to live with dignity.
Article 22: This right protects against arrest and detention, specially in the cases of preventive detention or regular crime. It ensures that anyone arrested is told why they are arrested and have a right to consult a lawyer of their choice. For preventive detention, it also ensures that the person isn’t held for more than three months without approval from an Advisory Board and the person detained must be informed of the reasons for their detention.

Right against Exploitation (Articles 23-24)

The Right against Exploitation targets the end of oppressive practices that violate human dignity and rights. This right is important because of the socio-economic conditions of India, where exploitation is a common practice.

Article 23: This prohibits the trafficking of human beings, begar (forced labour), and other similar forms of forced labour. This article guarantees that no one has to go through the exploitation and that everyone has the right to live a life with dignity and freedom.
Article 24: This right prohibits the employment of children below the age of 14 years in any factory, mine, or other hazardous employment. This is a significant step towards ensuring the rights of children and protecting them from exploitation.

Right to Freedom of Religion (Articles 25-28)

The Right to Freedom of Religion guarantees that individuals have the freedom to practise, profess, and propagate their religion. As India is a secular state, this right is crucial for maintaining religious harmony in a diverse society.

Article 25: This article says that everyone has the basic right to believe whatever they want about religion, and to practice and share their beliefs without being stopped. But, like, this right isn't totally unlimited. There are some situations where the government can step in and say, "Hey, you can't do that" for reasons like public safety, morality, or health. Also, the government can make rules about non-religious activities that are related to religion, like money, politics, and stuff.
Article 26: This article allows every religion or group to run their own religious stuff, set up places for religious and charity work, and get and keep property.
Article 27 restricts the state from compelling any person to pay taxes for the promotion or maintenance of any particular religion or religious denomination.
Article 28: This article makes sure that schools or colleges which are fully funded by the government do not teach any religious lessons.

Cultural and Educational Rights (Articles 29-30)

Cultural and Educational Rights are made to protect the rights of minorities and help in preserving their culture, language, and heritage. These rights help in maintaining the diversity within Indian society.

Article 29: This right protects the interests of minorities by allowing them to preserve their unique language, script, or culture. It also ensures that no citizen is denied admission to any government-funded schools or colleges based on their religion, race, caste, or language.
Article 30: This gives the religious and linguistic minorities the right to establish and administer educational institutions of their choice. This right guarantees that minorities can preserve and propagate their culture and language through education.

Right to Constitutional Remedies (Article 32)

The Right to Constitutional Remedies was said to be the “heart and soul” of the Constitution by Dr. B.R. Ambedkar. It ensures that citizens can approach the Supreme Court or High Courts for the enforcement of their Fundamental Rights. This right becomes important because it provides a mechanism for individuals to challenge any violation of their rights by the state.

Article 32 allows the Supreme Court to issue directions or orders or writs, including habeas corpus, mandamus, prohibition, quo warranto, and certiorari, for the enforcement of Fundamental Rights. This right makes sure that Fundamental Rights are not just mere ideas but can be enforced and protected by the Judiciary.

Conclusion

The Fundamental Rights in the Indian Constitution are the foundation of Indian democracy which shows its commitment to freedom, justice, and equality to its citizens. These rights are not just legal provisions but are also a promise to protect the dignity of the individual. However, these rights are not absolute in nature and may be limited for public order and morality, still they remain relevant to India’s smooth functioning. As the country will grow, these rights will help to unify the nation and guide it toward a just and equitable society.

Frequently Asked Questions (FAQs)

1. Can Fundamental Rights be restricted?

Yes, the state can impose reasonable restrictions on Fundamental Rights in the interests of public order, morality, security, and other critical matters.

2. Can Fundamental Rights be amended?

Yes, Fundamental Rights can be amended by the Parliament, but the amendments must not alter the basic structure of the Constitution as established by the judiciary.

References

The Constitution of India

Written by Chandra Kant Singh

Aspiring lawyer with a passion for justice and a strong foundation in organisation, communication, and problem-solving skills. Currently pursuing a B.A.LL.B. (Hons.) degree at RMLNLU, where I am actively involved in moot court and NegMed competitions. Eager to leverage my skills and academic background to contribute to a dynamic legal environment and make a positive impact on society.