Protection of Human Rights in Indian Constitution

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Summary of  Protection of Human Rights in Indian Constitution:

All human beings are born free and have equal rights. No one is allowed to violate take away these rights from any of the individual. The first and the foremost right of every person is “Right to Live”. No one shall be deprived of this right until he or she has not taking away this right from anyone else.

When a country has a vast territory, and multi-ethnic population then it is very much difficult for the government to provide rights to each and every member of that country. This happens in India, a country with 2nd largest population and fewer resources.

The Significant rights are definite as basic human freedoms which all Indian citizen has the right to enjoy for an appropriate and harmonious development of personality.These rights universally apply to all citizens, regardless of race, place of birth, religion, caste, creed, color or Gender. They are enforceable by the courts, subject to certain restrictions

The six main rights documented by the constitution are.

  1. RIGHT TO EQUALITY

Right to equality is a main right provided for in Articles 14, 15, 16, 17 and 18 of the constitution. It is the major basis of entirely additional rights and liberties, and promises the following:

  • Equality before law: Article 14 of the constitution agreements that all citizens shall be equally protected by the laws of the country. It means that the State cannot differentiate any of the Indian citizens on the basis of their caste, creed, colour, sex, gender, religion or place of birth.
  • Social equality and equal access to public areas: Article 15 of the constitution states that no individual shall be discriminated on the basis of caste, colour, language etc. Every person shall have equal access to public places like public parks, museums, and temples etc.
  • Equality in matters of public employment: Article 16 of the constitution lays down that the State cannot discriminate against anyone in the matters of employment. All citizens can apply for government jobs. There are some exceptions.
  • Abolition of untouchability: Article 17 of the constitution abolishes the practice of untouchability. Practice of untouchability is an offense and anyone doing so is punishable by law
  • Abolition of Titles: Article 18 of the constitution prohibits the State from conferring any titles. Citizens of India cannot accept titles from a foreign State. However, Military and academic differences can be discussed on the citizens of India. The rewards of Bharat Ratna and Padma Vibhushan cannot be used by the recipient as a title.

2) RIGHT TO FREEDOM

The Constitution of India contains the right to freedom, given in articles 19, 20, 21 and 22, with the view of promising individual rights that were considered dynamic by the framers of the constitution.

The right to freedom in Article 19 guarantees the following six freedoms:

  • Freedom of speech and expression, which allow an individual to participate in public events. Realistic limitations can be obligatory in the awareness of public order, security of State, courtesy or morality.
  • Freedom to assemble peacefully without arms, on which the State can impose reasonable boundaries in the interest of public order and the sovereignty and integrity of India.
  • Freedom to form associations or unions on which the State can impose reasonable restrictions on this freedom in the interest of public order, morality and the sovereignty and integrity of India.
  • Freedom to move freely throughout the territory of India though reasonable restrictions can be imposed on this right in the interest of the general public
  • Freedom to reside and settle in any part of the territory of India which is also subject to reasonable restrictions by the State in the interest of the general public or for the protection of the scheduled tribes
  • Freedom to preparation any profession or to carry on any occupation, trade or business on which the State may impose reasonable restrictions in the interest of the general public

The constitution guarantees the right to life and personal liberty, which in turn cites specific provisions in which these rights are applied and enforced:

Protection with respect to conviction for offences is guaranteed in the right to life and personal liberty. The constitution also imposes restrictions on these rights. The government restricts these freedoms in the interest of the independence, sovereignty and integrity of India. In the interest of morality and public order, the government can also impose restrictions. However, the right to life and personal liberty cannot be suspended. The six freedoms are also automatically suspended or have restrictions imposed on them during a state of emergency.

RIGHT AGAINST EXPLOITATION

Child labor and Beggar is prohibited under Right against exploitation.

The right against exploitation, given in Articles 23 and 24, provides for two provisions,

Article 23

  • The abolition of trafficking in human beings and Beggar(forced labor),

Article 24

  • Abolition of employment of children below the age of 14 years in dangerous jobs like factories and mines. .

An exception is made in employment without payment for compulsory services for public purposes. Compulsory military conscription is covered by this provision

4) Right to freedom of religion

Right to freedom of religion, covered in Articles 25, 26, 27 and 28,

Article 23

  • Provides religious freedom to all citizens of India.

Article 24

  • Religious communities can set up charitable institutions of their own.

Article 25

  • No person shall be compelled to pay taxes for the promotion of a particular religion

Article 26

  • State run institution cannot impart education that is pro-religion.

5) Cultural and educational rights

Articles 29 and 30 are there to protect the rights of the minorities.

Article 29

  • Any community which has a language and a script of its own has the right to preserve and develop it. No citizen can be discriminated against for admission in State or State aided institutions

Article 30

  • All minorities, religious or linguistic, can set up their own educational institutions to preserve and develop their own culture. In granting aid to institutions, the State cannot discriminate against any institution on the basis of the fact that it is administered by a minority institution.

RIGHT TO LIFE

In recent judgment Supreme Court of India extended scope of right to life which was mentioned earlier.

6) Right to constitutional remedies

This right covered under Article 32 of the Constitution.

Article 32 allows the citizens to move a court of law in case of any denial of the fundamental rights.

This procedure of requesting the magistrates to reservation or protection the citizens’ fundamental rights can be done in numerous ways.

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Protection of Human Rights in Indian Constitution

 

 

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