7 Fundamental Rights In India and What is Constitutional Remedies
WHAT ARE THE FUNDAMENTAL RIGHTS
Fundamental Rights are the part of the Indian Constitution,Fundamental rights are made only to protect the human development because it is only for the development of human life . Fundamental rights are very important in the matter of state powers because by this state power can be restricted and can be used for the welfare of human life.
Salmond Said . A Right is an interest recognized and protected by a rule of right.
In U.S.A Fundamental rights are a group of rights that have been recognized by the Supreme Court as requiring a high degree of protection from govt encroachment . These rights are specifically identified in the constitution or it Bill Of Rights.
Fundamental Rights
1.Right to equality Article 14.
Article 14 Provides equality before the law,means equal treatment before any authority to every person of the state. Article 14 guarantees to every person including citizen,corporation,and Foreigners.The state shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
2.Right to freedom article 19
Article 19 provides the right of Freedom given in article 19 , in this article provided various types of freedom such as .
-all citizen shall have the right to freedom of speech and expression
-to assemble peaceably and without arms.
-to form association or unions.
-to move freely throughout the territory of India.
-to reside and settle any part of the territory of India.
-to practise any profession or to carry on any occupation,trade or buisness.
3.Right against exploitation article 23 to 24
Article 23 to 24 there is a protection against human trafficking,making it an offence punishable by Law it also stops to forced labour or any act where compelling person to work without wages and other security.
-In Bandhua Mukti Morcha v. Union Of India the Supreme Court Of India observed that the state was in violating of article 21 and 23 when it refused to recognized the bonded workman,free them from slavery or rehabilitation of them as contemplated under the 1976 Bonded Labour Act.
-article 23(1) of the constitution of India states that traffic in human beings begar and other similar forms of forced labour are prohibited,and it shall be an offence punishable in accordance with law.
-In another words any trade involving buying selling of men and women for any illegal or immoral activities like sexual exploitation and other are called Human Trafficking.
-article 24 is prohibition of employment of Children in Factories.
-The Supreme Court OF India in Peasants union for Democratic Rights v. Union Of India (AIR 1982 SC 1473) ruled that building work was unsafe in area where children under the age of fourteen should not be working, and that the prohibition inherent in article 24 should be extended to everyone,including state or private person.
4.Right to Freedom of Religion article 25 to 28
"Indian has a great heritage and it is a model for religious harmony where people of different religion live peacefully and in harmony." - Said by Dalai Lama
We have used these lines here only to show the real meaning of this article.
The word secular was added to the preamble by 42nd Amendment .This act known as mini Constitution and it was the most comprehensive amendment to the constitution.
-article 25-28 of the Indian constitution provides freedom of religion Being a secular nation gives every citizen the right to follow the religion he believe in.
-article 25 freedom of conscience and free profession,Practise any religion.
-article 26 Freedom to manage religious affair.
-article 27 Freedom as to payment of taxes for promotion of any particular religion.
-article 28 Freedom as to attendance at religion instruction or religious worship in certain educational institution.
5.Right to Education article 21A
According to article 21A provide free and compulsory education to all children of the age of six to fourteen year in such manner as the state may by law determine.The constitution amendment is made with regard for protecting the citizen rights of education, by 86th amendment act 2002 makes three exact provision in constitution to facilitate free compulsory education to children between age 6 to 14 year as a fundamental rights.
after some time amendment was made in the Indian constitution and on 4 august 2009 it received by president assent and was notified as a law on 3 September 2009 as "The children right to free and compulsory education Act". This law came into effect in the whole of India on 1st April 2010.
6.Cultural and Educational Rights article 29(1) to article 30
According to this article it safeguard the rights of minority communities states that anyone with distinct language script or culture of its own has the right to conserve it.
article 29 provides specific restitution for those who have faced discrimination from state in educational institute at the time of entry or admission.
article 29(1) gives any citizen the right to conserve a distinct language script or culture of its own .
article 29(2) also protect them,but not specifically tailored for minority group it is for every citizen .
article 30 of the Constitution talks about two types of minority communities -Linguistic and Religious .but while it define the categories of minorities communities ,there is no official definition of the word by the government.
7.Right to Constitutional Remedies article 32 and 226
Part III of the Constitution provides legal remedies for the protection of these all fundamental rights agaist there violation by state or other authority Institution Individual .It grants the power for every citizen of India to move the Supreme Court or High Court for the enforcement of these rights. Under article 32 anyone can directly move to Supreme Court and under article 226 can move to High Court of the State by filing Writ Petition .
What Is Writ Petition
Writ are written order issued by the Supreme Court of India to provide constitutional remedies to protect the fundamental rights of citizen from a violation.
Writ petition is essentially a court petition for extraordinary review,asking a court to intervene in a lower courts decision.Under the Indian legal system ,jurisdiction to issue prerogative writs is given to the Supreme Court and the High Courts.
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