Civil rights or Fundamental rights are the rights which are essential for intellectual, moral and spiritual development of people. Every person should be aware of their individual rights, As these rights are fundamental or non essential for existence and all-round development of people individually, hence, they are called as ‘Fundamental rights’. These are preserved and cherished as sacred in part III (Articles 12 to 35) of the Constitution of India.
These include every individual right which is common to most, such as, equality before the law, freedom of speech and freedom of expression, religious and cultural freedom, Freedom of assembly (peaceful assembly), freedom of religion (freedom to practice any religion), right to constitutional remedies for the protection of civil rights by means of writs like Habeas Corpus, Mandamus, Prohibition, Certiorari and quo warranto which are some intricate parts of the rights we have.
Fundamental rights are followed universally by all residents, regardless of race, birthplace, religion, caste or gender. The Indian Penal Code and other laws states punishments for the violation of any of these rights, subject to the discretion of the judiciary. Although the rights bestowed by the constitution other than the civil rights are also the valid rights safeguarded by the way of the judiciary, in case of fundamental rights violations, the Supreme Court of India may be approached at once for justice as provided in Article 32 of the Constitution of India. The Rights have their origins in lots of sources, consisting of England’s Bill of Rights, the USA Bill of Rights, France’s Declaration of the Rights of Man etc. There are six fundamental rights recognised by means of the Indian constitution:
Right to equality (Articles. 14-18)
Right to Freedom (Articles. 19-22)
Right Against exploitation (Articles. 23-24)
Right to Freedom of Religion (Articles. 25-28)
Cultural and Educational Rights (Articles. 29-30), and
Right to Constitutional Remedies (Articles. 32-35)
- The right to equality which includes equality before law and the prohibition of discrimination on grounds of religion, race, caste, gender or location of birth also the equal protection of the laws within the territory of India and also equality of possibility in topics of employment, the abolition of untouchability, abolition of titles etc. It prohibits prejudiced discrimination by the government and also the private organisations and individuals and forbids hate speech and harassment.
- The right to freedom is a right which includes the freedom of speech and expression, peaceful assembly, association or union or cooperatives, movement, residence, and also the right to practice or prefer any profession or occupation in accordance to the wish or will of a person. Freedom is stated as a condition or circumstance in which people have the opportunity to speak, act and pursue happiness without any unnecessary external restrictions or cutbacks. The freedom to form both, cooperative societies and associations or unions. Some restrictions are being imposed by the government for the morality and sovereignty of India and for the interest of public order. The freedom to settle down or reside in any state of India.
- The right towards exploitation prohibits all forms of forced or compelled labour, child labour and also the trafficking of human beings. The right focuses on the prior three topics. The right against exploitation aspires to protect citizens from being forced or compelled to work against their wishes. Some forms of exploitation have been declared illegal. One of these is called begari or bonded labour, which involves making people work without wages to repay loans.
- The right to the freedom of religion consists of freedom of conscience and free profession, exercise, and propagation of religion, freedom to manipulate spiritual affairs, freedom from sure taxes and freedom from non secular instructions in sure academic institutes. Religious freedom is stated as to secure people’s right to live, speak, and act according to their beliefs peacefully and publicly. It fortifies their ability to be themselves at work, in class, and at social activities. Right to religious freedom is more than the freedom to worship at a synagogue, church, or mosque.
- The Cultural and academic Rights hold the right of any phase of citizens to conserve their culture, language or script, and proper of minorities to establish and administer educational establishments in their choice. Cultural and educational rights provide the rights to all section of society and it preserves or sustains their cultural script or language. All minorities, religious or linguistic, can establish their own educational institutions also. In this way, they can conserve and develop their own culture.
- The right to constitutional treatments is present for enforcement of essential rights.The right to privacy is an intrinsic a part of Article 21 (the Right to Freedom) that protects the lifestyles and liberty of the residents.The right to privacy is the newest proper assured by the Supreme Court of India. It assures the people’s statistics and personal security.
Fundamental rights for Indians have also been aimed at rescinding or to revoke the inequalities of pre-independence social practices. Specifically, they’ve additionally been used to abolish untouchability and as a result restrict discrimination at the grounds of religion, race, caste, sex, or vicinity of birth. They also forbid trafficking of people and forced labour (a crime). They also shield cultural and educational rights of non secular and linguistic minorities by means of allowing them to preserve their languages and also set up and administer their own education establishments. They are included in Part III (Articles 12 to 35) of the Constitution of India.
Every person has basic fundamental rights and each one of us should have information and knowledge about all the rights that is justified to us.
A citizen of the country is a discrete individual recognized under the custom or law as being a legal member of a sovereign nation or adherence to a government in exchange for its protection, whether reception or abroad. A citizen is one among the dominant pillars of the country. They’re entitled to enjoy all the legal rights and privileges granted by a state to the people encompassing or surrounding its constituency and are obligated to obey its laws and to attain his or her duties as called upon. We are all a citizen of our country and hold on to various kinds of diverse rights and responsibilities towards our community, state, and country. To completely enjoy the rights, citizens must perform their responsibilities towards the country in an exceedingly decent manner because the rights and responsibilities of an individual are inter-related to each other. If we have rights, we must have their responsibilities to correlate too. Rights and duties of every citizen preserved within the Indian Constitution are very valuable and inter-related considering the prosperity of the country.
Author:Neha .S. Menon,
Intern at Lawportal,
Author: Neha .S. Menon,
ICFAI Law School, 1 st Year