Rights and Fundamental Rights

Introduction to Fundamental Rights

Fundamental rights are those rights that are important for the moral and intellectual development of all people. These are required for the all-around development of individuals, hence called fundamental rights.

These fundamental rights include which are almost common to all such as equality before the law, religious and cultural freedom, freedom of assembly, freedom of religion, freedom of speech. These rights are applied universally to all citizens irrespective of race, caste, religion, sexual orientation, and gender. The supreme court is the ultimate destination to approach in case of violation of the laws as per article 32. These are the basic human rights in India to be performed by all individuals.

Following are the 6 fundamental rights recognized by the Indian constitution:

  1. Right to equality (Article 14-18).

  2. Right to freedom (Article 19-22).

  3. Right against exploitation (Article 23-24).

  4. Right to freedom of religion (Article 25-28).

  5. Cultural and educational rights (Article 29-30).

  6. Right to constitutional rights (Article 32-35).

Basic Human Rights in India

Human rights in India is a diverse issue, furthermore complicated by the country’s large population and size, widespread poverty, and lack of proper education. The constitution of India provides for all the fundamental rights.

Fundamental rights are confined to a specific group or country whereas human rights are universal, that is followed by all individuals.

Below is a brief description of all the fundamental rights in detail:

Right to Equality:

Right to equality guarantees equal rights for everyone irrespective of gender, caste, religion, or place of birth. It also ensures equal employment opportunities in the government sector and ensures there is no discrimination by anyone in a matter of employment based on caste, gender, religion, etc.

It is one of the rights enshrined in the constitution of India.

The types of equality are as follows:

  1. Natural

  2. Social

  3. Civil

  4. Economic

  5. Political

  6. Legal

Right to Freedom:

Freedom is the reward cherished by any democratic society. It is one of the constitutional rights guaranteed by the constitution of India. The right to freedom entitles basic rights to humans with respect to speech, form assemblies, personal liberty, and freedom to live a life of dignity.

Following is a brief description of the freedom entitled in this list:

Article 19 - Freedom to the following concerns.

  1. Assembly

  2. Speech and expression

  3. Association

  4. Residence

  5. Movement

  6. Profession

Article 20 - Protection with respect to the conviction for offences.

Article 21 - Right to life and personal liberty.

Article 21A - Right to elementary education.

Article 22  -  Protection against arrest and detention.

Right Against Exploitation:

This right prohibits all sorts of forced labour and human and child trafficking. This right also ensures that children under age 14 are not allowed to work. The right against exploitation is discussed below in detail:

Article 23 - It regulates the prohibition of traffic and forced labour.

  1. It implies the misuse of others’ service or labour without payment.

  2. Labour without payment is known as begar.

  3. One cannot force anyone to engage in labour against his/her will.

  4. Forced labour is forbidden by the constitution.

  5. The article makes trafficking unconstitutional.

  6. Trafficking refers to buying and selling of men and women for illegal and offensive activities.

Article 24 - Prohibition of employment of children in factories.

It says no child below the age of 14 is allowed to be employed to work in any of the factories or indulge in any hazardous employment.

The following laws were passes in pursuance of Article 24:

  1. The factories act, 1948.

  2. The Mines Act, 1952.

  3. The Child Labour (Prohibition and regulation act 1986).

  4. Child Labour Act 2016.

  5. Child Labour Amendment Rules, 2017.

Right to Freedom of Religion

Article 25 guarantees the freedom to profess, practise, and propagate religion. It also regulates and restricts financial, economic, or political activity associated with religious practice.

Article 26 - Freedom to manage religious affairs.

Article 27 - Freedom to payment of taxes for promotion of any particular religion.

Article 28 - Freedom to attendance at religious worship in certain educational institutions.

Cultural and Educational Rights:

Article 29(1) provides all citizens residing in India with distinct cultures, languages, and scripts. This right is absolute and consists of no reasonable restriction in the interest of the general public.

Article 29(2) states that the state shall not deny any admission to an educational institution to any person based on caste, creed, colour, and race, or religion. This right is for individuals and not any community.

Article 30 states the rights of minorities to establish and administer Educational Institutions.

Right to Constitutional Rights:

It provides legal rights for the protection against their violation by the state or other institution. It also states that an individual can move to the supreme court in case of any of the law violations. The state is also forbidden to make any law that is against the Fundamental Rights of humans.

The above discussion was all about the fundamental rights in detail and how these rights are applied to every individual.

FAQs (Frequently Asked Questions)

Q1. How Many Human Rights are There in India?

Ans. There are 6 fundamental rights in India. The rights or constitutional rights are sections of the constitution that provide people with their rights. These were developed between 1947 and 1949 by the Constitution of India. There are 6 fundamental in India mentioned as follows:

  1. Right to equality.

  2. Right to freedom.

  3. Right against exploitation.

  4. Right to freedom of religion.

  5. Cultural and educational rights.

  6. Right to Constitutional remedies.

Q2. What are Human Rights?

Ans. Human rights are moral principles or norms that are followed by the individual. These consist of specific standards of human behaviour and are protected by municipal or international laws. These are also commonly termed as fundamental rights to which a person is bound to agree to the laws irrespective of age, caste, colour, religion, ethnicity, etc. These are universal and applied everywhere from person birth until death. The values are defined and protected by law and apply to the individual regardless of where you are from, what you believe, or how one may choose to live his/her life.

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