2. Introduction:
Fundamental rights:
Fundamental rights are the basic human rights enshrined in the
Constitution of India which are guaranteed to all citizens. They are applied
without discrimination on the basis of race, religion, gender, etc.
It have been included into the 3rd chapter of the Constitution from article
12-35
There are 6 fundamental rights:
3. RIGHT TO EQUALITY:
Right to Equality is listed under Article 14 to Article 18 of the
Indian Constitution.
Right to equality falls under the category of Fundamental Rights.
The word Fundamental suggests that these rights are so important
that the constitution has separately listed them and made special
provisions for their protection.
Article 14:
It is the core article under Right to Equality
Article 14 states that’ The state shall not deny to any person
equality before the law or the equal protection of laws within the
territory of India.
i.e no man is above the law.
Article 14 provides a general principle of equality whereas the
articles 15, 16, 17 and 18 provide for a particular application.
Most importantly article 14 provides classification but prohibits
class legislation
4. Article 15,16,17 & 18:
No discrimination on the grounds of religion, race, caste, sex etc.
The State shall not discriminate against any citizen on such grounds
Prohibits citizens as well as state to make such a discrimination with regard to
access to shops, hotels etc.
Empowers the state to make special provisions for protection of women and
children.
Enables the state to make special provisions for the protection of interests of
backward classes and thus is an exception to article 15.
Article 16: It guarantees the equality of opportunity in public employment
for all citizens and says that no citizen shall be discriminated on basis of race,
caste, creed etc in public employment. It doesn’t prevent the state from
prescribing necessary qualifications.
Article 17: Abolishes untouchability and forbids its practice in any form.
Article 18: Prohibits the state to confer titles on any body whether a citizen
or a non citizen. Military and academic distinctions are however exempted.►
Academic distinctions include Bharat Ratna, Padma Vibhusha.
5. RIGHT AGAINST EXPLOITATION:
Right against exploitation (Article 23 & 24):
The Right against Exploitation exploitation in Articles 23 and 24 of the
Indian Constitution. These are important Fundamental Rights that
guarantee every citizen protection from any kind of forced labour.
Article 23:
Article 23(1): Traffic in human beings and the beggar and other similar
forms of forced labour are prohibited and any contravention of this
provision shall be an offence punishable in accordance with the law.
Article 23(2): Nothing in this article shall prevent the State from
imposing compulsory service for public purposes, and in imposing such
service the State shall not make any discrimination on grounds only of
religion, race, caste or class or any of them.
Also, one cannot be forced to engage in labour against his/her will even
if remuneration is given.
6. Article 24:
Article 24 says that “No child below the age of fourteen
years shall be employed to work in any factory or mine or
engaged in any other hazardous employment.”
This Article forbids the employment of children below
the age of 14 in any hazardous industry or factories or
mines, without exception.
However, the employment of children in non-hazardous
work is allowed.
7. RIGHT TO FREEDOM OF RELIGION
The constitution of India guarentees the right to freedom of religion to not only
individuals but also religious groups in India.
This is enshrined in Articles 25 to 28.
Article 25:
Article 25 guarantees the freedom of conscience,the freedom to profess,practice
and propagate religion to all citizens.
The above mentioned freedoms are subjec to public order,health and morality.
8. Article 26:
The right to form and maintain institutions for religious and charritable
intents.
The right to manage its own affairs in the matter of religion.
The right to acquire the immovable and movable property.
Article 27:
According to Article 27 of the constitution,there can be no taxes,the proceeds
of which are directly used for the promotion or maintainance of any
particular religion denomination.
Article 28:
This Article permits education institutions that are maintained by religious
groups to give religious instruction.
Any person who attends any educational institution recognised by the State or
receiving State aid shall not be required to participate in any religious
instruction that may be imparted in such institution or also attend any
religious worship in such institution unless she/he has no interest.
9. CULTURAL AND EDUCATION RIGHTS:
Cultural and educational right in India:
India is a vast land where we have different races, languages, cultures
and castes. Indian people are united by race language and literature,
geographical proximity, by history, religion, economic interest and
cultural unity. It is essential to protect the interest and identities of the
minority in such a country. In India, cultural and educational right means
the rights of all sections of society that saves their culture, script or
language. The right to constitutional remedies is present for enforcement
of Fundamental Rights.
10. In our Indian constitution, cultural and educational
right preserve under Articles 29 and 30.Article 30 of
Indian constitution further states that all
communities, have right to start and run Educational
institutions of their choices. The state shall not
descriminate under the grounds of region or
language in providing aid to educational institutes.
The Article also states that no country men shall be
described of admission into any educational
institutions on grounds of race ,caste , language etc
11. RIGHT TO CONSTITUTIONAL REMEDIES:
There is a right in India which states that a
person can move to Supreme court if he/she
wants to get their fundamental rights
protected. This right comes under article 32
for Supreme court an article 226 for the high
court. It is known as the right to
constitutional remedies.
Dr. B. R. Ambedkar said that article 32 is the
soul of the constitution and it is at the very
heart of it.