Fundamental rights are the foundation of democracy and the cornerstone of a prosperous society. They are the set of basic rights that each human being is entitled to, regardless of any differences in race, gender, or social status. As citizens of a democratic country, it is essential to understand these rights, their importance, and how to uphold them. In this article, we will delve into what fundamental rights are and why they matter.
The Fundamental Rights, also known as the Bill of Rights, are the first ten amendments to the US Constitution. These rights grant citizens specific protections from the government and ensure that basic human rights are safeguarded. The fundamental rights include the right to free speech, freedom of religion, the right to bear arms, and the right to privacy. These rights are critical to a free and fair society in which the government is limited in its ability to infringe on individual liberties.
In other countries, fundamental rights may take different forms, but they are still essential for a fair and just society. For example, the Universal Declaration of Human Rights, adopted by the United Nations in 1948, lays out thirty fundamental rights and freedoms that should be protected worldwide. Regardless of the specific form or language used, fundamental rights are critical to ensuring that individuals and groups are protected from oppression and discrimination.
Historical background of fundamental rights
The concept of fundamental rights originated from the struggle for liberty and freedom in Europe during the 17th and 18th centuries. The Enlightenment period marked a significant turning point in the development of fundamental rights as key philosophers such as John Locke and Jean-Jacques Rousseau proposed political theories emphasizing the individual’s right to life, liberty, and property.
During this time, the Magna Carta was also signed in 1215, which laid the foundation for individual liberties and established the principle of due process of law. However, these rights were limited to the nobility and Church leaders, and the common people did not have any legal safeguards.
- In the 18th century, a series of revolutions swept across Europe, including the American Revolution and the French Revolution. These revolutions aimed to overthrow the oppressive monarchies and establish a democratic government that would uphold the fundamental rights of individuals.
- The American Constitution, which was adopted in 1789, enshrined the fundamental rights of the citizens, including freedom of speech, press, and religion, the right to bear arms, and protection against unreasonable search and seizure. Similarly, the French Declaration of the Rights of Man and Citizen, adopted in 1789, declared that all individuals had natural and inalienable rights to liberty, property, security, and resistance to oppression.
- The concept of fundamental rights also spread to other parts of the world, including India. The Indian Constitution, which came into effect in 1950, guarantees its citizens several fundamental rights, including the right to equality, freedom of speech and expression, right against exploitation, and the right to freedom of religion.
Today, fundamental rights have become an essential component of all modern democracies, and governments are obligated to uphold and protect them through legal and constitutional safeguards.
Constitutional guarantees
Fundamental Rights are a set of rights that are guaranteed by the Constitution of a country. These rights are deemed essential for the personal and moral development of individuals, and they protect the civil liberties and freedoms of the citizens. In India, Fundamental Rights are enshrined in Part III of the Constitution, which provides that the State cannot deprive an individual of these rights, except under specific circumstances.
- Equality before the Law: This means that every individual, irrespective of their caste, creed, or gender, is equal before the law. No one can be discriminated against on any grounds.
- Right to Freedom: This includes the right to freedom of speech and expression, assembly, association, movement, residence, and profession. It also includes the right to practice any religion of one’s choice.
- Right against Exploitation: This prohibits trafficking in human beings, forced labor, and child labor. It also prohibits employment of human beings in hazardous conditions.
- Right to Freedom of Religion: This includes the right to practice, profess, and propagate any religion of one’s choice.
- Cultural and Educational Rights: This includes the right of any section of citizens to conserve their culture, language, and script, and the right of minorities to establish and administer educational institutions of their choice.
- Right to life and personal liberty: This protects an individual’s right to life and personal liberty, except according to the procedure established by law.
- Right to Constitutional Remedies: This provides the citizens with the right to move the Supreme Court or the High Court for the enforcement of their Fundamental Rights.
Directive Principles of State Policy
The Directive Principles of State Policy are a set of guidelines and principles that are enshrined in Part IV of the Indian Constitution. These principles are not enforceable by any court of law, but it is the duty of the State to apply these principles in the governance of the country.
The Directive Principles of State Policy are aimed at promoting the welfare of the people, establishing a just society, and ensuring equality. They include principles like the provision of adequate means of livelihood, equal pay for equal work, protection of the environment, and the promotion of education for all.
Limitations on Fundamental Rights
While Fundamental Rights are essential for the preservation of civil liberties and individual freedoms, they are not absolute. The Constitution provides for certain limitations on these rights, which are necessary to maintain law and order and to prevent any harm to society in general.
Some of the limitations on Fundamental Rights include restrictions on freedom of speech and expression in cases of defamation, contempt of court, and national security. Similarly, restrictions can be imposed on the freedom to assemble peacefully and without arms in the interest of public health or morality.
| Fundamental Right | Limitations |
|---|---|
| Freedom of Speech and Expression | Defamation, Contempt of Court, National Security |
| Right to Assemble Peacefully | Public Health, Public Morality |
| Right to Life and Personal Liberty | Procedure Established by Law |
It is important to strike a balance between individual freedoms and social needs. Therefore, the Constitution provides for such limitations on Fundamental Rights to ensure that they do not become a threat to national security or the general welfare of society.
International Conventions and Covenants on Human Rights
International conventions and covenants on human rights are agreements made by countries around the world to promote and protect human rights. These agreements establish a common set of fundamental human rights that all people are entitled to, regardless of their nationality, race, religion, or any other characteristic.
- The Universal Declaration of Human Rights (UDHR) is a milestone document in the history of human rights. It was adopted by the United Nations General Assembly in 1948 and serves as the foundation for international human rights law. The UDHR outlines 30 basic human rights that are recognized around the world.
- The International Covenant on Civil and Political Rights (ICCPR) is a treaty that was adopted by the United Nations General Assembly in 1966 and entered into force in 1976. The ICCPR is one of the two key international covenants on human rights, along with the International Covenant on Economic, Social and Cultural Rights. The ICCPR protects civil and political rights, such as the right to life, freedom of expression, and freedom of religion.
- The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a treaty that was adopted by the United Nations General Assembly in 1966 and entered into force in 1976. The ICESCR is one of the two key international covenants on human rights. The ICESCR protects economic, social, and cultural rights, such as the right to work, the right to education, and the right to health.
These international conventions and covenants on human rights are an important part of the global movement towards creating a more just and equal society. They provide a framework for countries to protect and promote the human rights of their citizens, and they serve as a reminder of the shared values and principles that we must uphold as a global community.
In addition to these key international agreements, there are many other treaties and conventions that focus on specific human rights issues, such as the Convention on the Elimination of All Forms of Discrimination Against Women and the Convention on the Rights of the Child.
| Key International Conventions and Covenants on Human Rights | Year Adopted | Main Focus |
|---|---|---|
| Universal Declaration of Human Rights | 1948 | Basic human rights |
| International Covenant on Civil and Political Rights | 1966 | Civil and political rights |
| International Covenant on Economic, Social and Cultural Rights | 1966 | Economic, social, and cultural rights |
Overall, international conventions and covenants on human rights are critical tools for promoting and protecting fundamental rights around the world. While there is still much work to be done to ensure that human rights are upheld everywhere, these agreements provide a framework for progress and a foundation for a more just and equal future.
Limitations and restrictions on fundamental rights
Fundamental rights are those rights that are inherent to every human being and are considered essential for their growth, progress, and development. The Constitution of a country generally guarantees these rights to its citizens to ensure that they can live with human dignity and freedom. Despite this, fundamental rights are not absolute and may be subject to limitations and restrictions. These limitations and restrictions are imposed to protect the interests of the state, society, and its people.
- Public Order and Morality: Fundamental rights may be subject to reasonable restrictions in the interest of public order, morality, and decency. For example, article 19(2) of the Indian Constitution imposes reasonable restrictions on the freedom of speech and expression to maintain the sovereignty, integrity, and security of the country.
- State Security and Intergovernmental Relations: A government can restrict fundamental rights if it is necessary for the security of the state or the maintenance of friendly relations with another country. For instance, a curfew can be imposed to maintain law and order during elections or in times of national emergencies.
- Protection of Interests of Scheduled Tribes or Minorities: The interests of scheduled tribes and minorities can be protected by restricting fundamental rights. For example, article 29 of the Indian Constitution restricts the right to establish educational institutions in such a way as to ensure that minorities also have access to such establishments.
These are just a few examples of how fundamental rights can be restricted. The government can also restrict fundamental rights in other circumstances mentioned in the Constitution. Such restrictions cannot be arbitrary and must be reasonable and in the public interest. Even after these restrictions, fundamental rights are protected, and it ensures that people get the necessary freedom and dignity.
Impact of limitations and restrictions on fundamental rights
The limitations and restrictions on fundamental rights are a double-edged sword. On the one hand, they can ensure the security, stability, and welfare of a nation. On the other hand, these restrictions can also lead to the violation of human rights, making people feel less secure. Some of the impact of limitations and restrictions on fundamental rights can be:
- Discrimination: The imposition of restrictions on fundamental rights can lead to discrimination based on race, gender, and religion, among others.
- Suppression of Dissenting Opinions: Restrictions on freedom of speech and expression can lead to difficulties for people who disagree with government policies to express their opinions. It could also lead to the weakening of democracy and increase in the possibility of autocratic regimes.
- Violation of Human Rights: Restrictions on fundamental rights can also lead to the violation of human rights, making people feel less secure. This may happen if the government mistreats people or curtails their basic rights while imposing the restrictions.
In conclusion, limitations and restrictions on fundamental rights are necessary to a certain extent to protect the interests and welfare of a country. However, these restrictions must be reasonable and should not lead to discrimination or violation of human rights. The government must exercise discretion in imposing such restrictions and ensure that they serve the larger interests of the people.
Right to life and personal liberty
The right to life and personal liberty is one of the fundamental rights guaranteed by the Constitution of India. It is enshrined in Article 21 which states that, “No person shall be deprived of his life or personal liberty except according to the procedure established by law.”
This means that every person has the right to life and personal liberty, and no one can take it away without following the due process of law. The right to life includes the right to live with human dignity, free from exploitation, and the right to a clean and healthy environment.
- The right to life means that no person can be deprived of their life without due process of law. This includes the right to a fair trial and the right to appeal.
- The right to personal liberty includes the right to move freely throughout the territory of India, the right to not be unlawfully detained, and the right to not be subjected to torture or other cruel, inhuman or degrading treatment or punishment.
- The right to live with human dignity means that every person has the right to a basic standard of living, including food, shelter, and clothing.
However, the right to life and personal liberty is not absolute and can be restricted by law in certain circumstances, such as in the interest of national security or public order. Any such restriction must be reasonable, just, and proportionate to the objective sought to be achieved.
| Right to life | Right to personal liberty |
|---|---|
| Right to a fair trial | Right to move freely |
| Right to appeal | Right to not be unlawfully detained |
| Right to a basic standard of living | Right to not be subjected to torture or other cruel, inhuman or degrading treatment or punishment |
In conclusion, the right to life and personal liberty is a fundamental right guaranteed to every person in India. It is essential for ensuring human dignity and preserving individual liberty. While this right is not absolute and can be restricted by law, any such restriction must be reasonable and proportionate to the objective sought to be achieved.
Freedom of speech and expression
Freedom of speech and expression is a constitutional right guaranteed to every citizen under Article 19 of the Indian Constitution. This fundamental right allows individuals to express their thoughts and ideas freely without fear of persecution or censorship from the State. It is an essential pillar of democracy as it enables people to participate in public discourse and hold those in power accountable for their actions.
- Freedom of speech and expression includes the right to express one’s own opinions, thoughts, beliefs, and ideas through various mediums such as writing, speaking, and broadcasting.
- It also includes the right to access information and express oneself through art, literature, music, and other creative forms.
- This fundamental right is not absolute and can be restricted by the State under certain circumstances, such as maintaining public order and national security.
Over the years, freedom of speech and expression has been a contentious issue in India with multiple instances of censorship and suppression of dissenting voices. It is essential to safeguard this fundamental right and protect the diversity of opinions and ideas that allows for a healthy and vibrant democracy.
The importance of freedom of speech and expression can be seen in various landmark cases such as Kedar Nath Singh v. State of Bihar and Romesh Thappar v. State of Madras, where the Supreme Court upheld the right to freedom of speech and expression as integral to democracy.
| Case | Issue | Ruling |
|---|---|---|
| Kedar Nath Singh v. State of Bihar | Validity of sedition laws | Section 124A of the Indian Penal Code (IPC) which deals with sedition, was held valid but only if it is restricted to acts which are intended to overthrow the government by violent means |
| Romesh Thappar v. State of Madras | Censorship of political publications | The Supreme Court held that freedom of speech and expression includes the freedom to circulate one’s views to the public at large through the medium of the press |
In conclusion, freedom of speech and expression is a vital aspect of democracy and one of the cornerstones of Indian society. It allows individuals to express their opinions, thoughts, and ideas freely and participate in public discourse. While reasonable restrictions can be imposed, it is crucial to protect this fundamental right and safeguard the diversity of opinions and ideas in our society.
Right to Equality and Non-Discrimination
The right to equality and non-discrimination is a fundamental right enshrined in many international human rights instruments such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights. It prohibits discrimination on the basis of race, ethnicity, gender, sexual orientation, religion, language, age, disability, and other status.
- Article 2(1) of the International Covenant on Civil and Political Rights states that “each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status”.
- The Convention on the Rights of the Child recognizes the principle of non-discrimination in Article 2 and obligates States to ensure that children are protected against all forms of discrimination, regardless of the child’s or his or her parent’s or legal guardian’s race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.
- The Convention on the Elimination of All Forms of Discrimination against Women obligates States to eliminate discrimination against women and provides for equality between men and women in the enjoyment of all human rights and fundamental freedoms.
Discrimination takes many forms, such as direct discrimination, indirect discrimination, and systemic discrimination. Direct discrimination occurs when someone is treated less favourably than others because of a prohibited ground of discrimination. Indirect discrimination occurs when a seemingly neutral policy or practice has a disproportionate impact on a particular group because of a prohibited ground of discrimination. Systemic discrimination refers to patterns of behaviour, policies or practices that are part of the structures of an organization or society that result in discrimination against a particular group.
States have an obligation to take measures to prevent, prohibit, and eliminate discrimination and to provide effective remedies for discrimination. States must also ensure that their laws, policies, and practices do not have a discriminatory impact. Non-discrimination is a cornerstone of human rights and is essential for the full realization of every person’s human rights and fundamental freedoms.
Overall, the right to equality and non-discrimination is a crucial fundamental right that promotes diversity, inclusion, and human dignity.
FAQs: What Do You Understand by Fundamental Rights 7?
1. What are fundamental rights?
Fundamental rights are a set of rights guaranteed by the constitution, which are essential for the development of human personality.
2. What is the significance of fundamental rights?
Fundamental rights are crucial for protecting the liberties and dignity of individuals from any tyrannical abuse by the State or other institutions.
3. What are the seven fundamental rights in India?
The seven fundamental rights in India include:
– Right to Equality
– Right to Freedom
– Right against Exploitation
– Right to Freedom of Religion
– Cultural and Educational Rights
– Right to Constitutional Remedies
– Right to Privacy
4. What is Right to Privacy?
Right to Privacy is one of the fundamental rights that protects an individual’s personal life from public scrutiny, ensuring that they have control over their personal information.
5. What happens if someone’s fundamental rights are violated?
If someone’s fundamental rights are violated, they can approach the court to seek redressal. The Supreme Court can issue writs for the enforcement of fundamental rights.
6. Can fundamental rights be suspended?
Fundamental rights can be suspended during a state of emergency declared under Article 352 of the Constitution. It is a temporary measure to combat threats to the country’s security.
Understanding Fundamental Rights 7
We hope that these FAQs have helped you understand what fundamental rights are and why they are crucial. These rights are enshrined in the Constitution to protect the dignity and liberty of all citizens. In case of any violation, individuals have the right to seek justice through the legal system. Thank you for reading, and we look forward to bringing you more informative content in the future.