Chahal's Gyan Ki Baat
FUNDAMENTAL RIGHTS
WHAT ARE ‘RIGHTS’?
- Rights are reasonable claims of persons recognised by society and by law
WHY DO WE NEED RIGHTS IN A DEMOCRACY?
- 1. Rights are necessary for a democracy to run
- E.g., Right to vote enables elections to happen
- 2. Rights offer protection from both Government and fellow citizens
- Even Government cannot arrest a person without a reason
WHERE ARE THESE RIGHTS MENTIONED?
- In most democracies like India the basic rights of the citizen are written down in the Constitution
WHAT ARE THE DIFFERENT RIGHTS AVAILABLE IN OUR CONSTITUTION?
- Some rights which are fundamental to our life are given a special status. They are called Fundamental Rights.
- Constitution provides six Fundamental Rights which are
RIGHT TO EQUALITY
- Rule of Law
- No person is above Law – it means Laws apply in the same manner to all, regardless of their status
- Equal protection of Laws
- the like should be treated alike without any discrimination
RIGHT TO FREEDOM
- Freedom means absence of constraints – that is absence of interference by others in our affairs – be it government or the individuals
- So, under the Constitution all the citizens have the right to
- Freedom of Speech and Expression, Assembly, Residence, Movement, Profession
- But these rights are not absolute – they have certain limitations
- Our actions should not violate other’s rights
RIGHT AGAINST EXPLOITATION
- This right was to prevent the exploitation of an individual either by Government or the fellow individual
- Under this right Constitution explicitly prohibits many practices like Child Labour, Forced Labour, Trafficking etc
RELIGIOUS, CULTURAL AND EDUCATIONAL RIGHTS
- Right to Freedom of Religion and Cultural and Educational Rights are provided to preserve the culture of all individuals and groups including minorities
RIGHT TO CONSTITUTIONAL REMEDIES
- We have the right to seek enforcement of above-mentioned rights, called Right to Constitutional remedies
- This right makes other rights effective.
- That is why all these rights are known as Fundamental Rights – because they cannot be violated at any cost.