Fundamental rights in simple words:-
Fundamental rights are those rights which are essential for survival of humans in a society or in a country. They are very important for intellectual, moral and spritual development of people of India as these are essential for existence and all-round development of a person that is why they are called Fundamental Rights. Indian constitution has given fundamental rights to its citizens so that democracy and secularism can be empowered. These are given in Part III (Article 12 to 35) of the Constitution of India.
Common to Most Important Rights
They are common to most important rights of an individual such as equality before law, freedom of speech and freedom of expression, religious and culture freedom, freedom of peaceful assembly, freedom of religion or freedom to practice religion, right to constitutional remedies for the protection of civil rights. These rights apply universally to all citizens, without seeing race, birthplace, religion, caste or gender of an individual. The Indian Penal Code and other laws prescribe punishment for the violation of these rights. In case of violation of fundamental rights the apex Court of India can be approached directly for ultimate justice as per Article 32. These rights have their origins in many sources, including England’s Bill of Rights, the US bill of Rights and France’s Declaration of the Rights of Man.
6 Fundamental Rights Recognized by THE INDIAN CONSTITUTION:-
- RIGHT TO EQUALITY (Articles.14 to 18)
- RIGHT TO FREEDOM ( Articles. 19 to 22)
- RIGHT AGAINST EXPLOITATION (Articles. 23 to 24)
- RIGHT TO FREEDOM OF RELIGION (Articles. 25 to 28)
- CULTURAL AND EDUCATIONAL RIGHTS (Articles. 29 to 30) and
- RIGHT TO CONSTITUTIONAL REMEDIES (Articles. 32 to 35)
- Right to equality :- It include equality before law, prohibition of discrimination on the basis of race, religion, gender, caste and place of birth. It also gives equality of opportunity in matters of employment, abolition of untouchability and titles. In other words it gives rights to live with equal opportunities. It treat all human to be same and no one can be given special privilege/treatment which will hurt or dishonour any individual or group. It gives guarantee that all human beings are equal and will be given equally protection by the law of the country.
- Right to freedom :- This is one of the most assured fundamental right by Indian Constitution and that’s because of the prevalence of these freedoms that make democracy purposeful and secularism powerful. Right to freedom gives chance of expression and speech, association/ assembly or cooperatives, movement, right to practice any kinds of occupation or profession, right to liberty and life, gives protection and offenses against detention and arrest in many cases.
- Right against exploitation :- Articles 23 and 24 deal with the right against exploitation. This right gives protection to human beings, women, children, beggar or other from trafficking and prohibits beggar and similar forms of force labour or it gives protection to child labour from any hazardous profession. United Nations norms of human rights have been followed by this right.
- Right to freedom of religion :- Articles 25 and 26 embody the principles of religious tolerance and serve to emphasize the secular nature of Indian democracy. In other words equal respect to all religions is most important thing according to this right. Article 25 gives freedom of Conscience and free profession, practice and propaganda of Religion. Article 26 helps to manage religious matters, which is subject to public order, mortality and health, every religious denomination or ant section whereas Article 27 gives freedom not to pay taxes for any religions expenses on the promotion or maintenance of ang particular religion and Article 28 prohibits any religious instructions in any educational institutions wholly maintained/managed by state.
- Cultural and educational rights :- This is also known as Rights to minorities and Article 29 provides protection of the interests of minorities. People of minority community can effectively protect/ conserve their language, script, and culture through/ by an educational institution. Article 30 gives right to minorities to establish and administer educational institutions base on their religion or language.
- Right to Constitutional Remedies :- In case of violation of any of the Fundamental rights or in order to make all the rights meaningful and enforceable option of remedies will always be there for all the citizens of India. Article 32 guarantees the right to move to Apex Court by appreciate proceedings for the enforcement of Fundamental Rights whereas Article 33 empowers Parliament to modify the application of Fundamental rights to the armed forces or forces charged with the maintenance of public order. Article 35 lays down that the power to make laws to give effect to certain specified Fundamental Rights Should only be handled by the Parliament and not with State Legislatures.