The Constitution of India defines fundamental rights in Part-III that guarantees every citizen with some rights irrespective of race, place of birth, religion, caste, creed or gender. These are the essential rights which a person born along with.
Fundamental rights revolutionize the inequalities existing in pre-independence era. They had put a taboo on untouchability, forbid discrimination on the grounds of religion, race, caste, sex, or place of birth, trading of human beings and forced labour.
They also protect cultural and educational rights of ethnic and religious minorities.
The Fundamental Rights are essential for the development of the personality of an individual and to preserve dignity of a human. Any person can move to court if anyone challenges his fundamental right.
These Fundamental Rights not only protects individuals from any arbitrary state actions but also prevents violation of human rights. Some Fundamental Rights apply for both the Indian citizen as well as persons of other nationality whereas others are available only to Indian citizens.
The right to life and personal liberty and the right to freedom of religion are available to all people. On the other hand, freedoms of speech and expression and freedom to reside and settle in any part of the country are exclusively meant for citizens. All the provisions of the Constitution, including Fundamental Rights can be amended. Basically every citizen in India enjoys six fundamental rights:
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 remedies1.
The Right to Equality (Articles 14 to 18) says that all men are born equal and therefore they should be treated equally. All Citizens are equal before law. No citizen can be denied to access shops, public hotels, and places of entertainment etc. on the basis of caste, religion, sex or place of birth. Equality of opportunity is given in employment. Government has implied many laws to safeguard the interests of weaker sections of the society. For example, Reservation is given to the socially and economically backward Classes, the Scheduled Castes and Scheduled Tribes in employment, School and College admissions, etc. Untouchability is abolished in Article 17 of the constitution. Untouchability is a punishable offense.
2.
Right to Freedom is the essence of Democracy. According to Right to Freedom every citizen can freely express his thoughts and no one can stop him for doing so. They can move freely to any part of India and relocate to any part of India. They have the freedom to practice any trade or occupation. No body can be punished until he violates law. The constitution framed certain rules for the protection of an individual’s life and personal liberty. The right of freedom of an individual should not affect the freedom of the others.
3.
Right against Exploitation says no individual can be forced or compelled to do work without wages. The rights of women and children are also protected. Articles 23 and 24 of Indian constitution prohibit trafficking in human beings and forced labor that abolished the employment of children below the age of 14 years in factories and mines. Begar, or forced labor is a crime and is a punishable offense. Trafficking in humans for slavery or prostitution is also prohibited by law.
4.
Right to Freedom of Religion guarantees the religious freedom to all citizens of India.Articles 25, 26, 27 and 28, provide religious freedom to all citizens of India. Being a secular country all the religions are treated alike. All the religions are respected equally. Everyone has an equal right to practice and spread his own religion. All religious bodies are free to manage their affairs. The Government does not interfere in the religious practice of the people until proper public order is maintained.
5.
Cultural and Educational Rights say India is a land of many languages, religions and cultures. There are many minority groups. Articles 29 and 30 gives them right to conserve their culture. They have the right to establish and administer educational institutions of their choice. The cultural and educational rights of all groups of people irrespective of their origin are safeguarded by the constitution.
Anybody can set up their own educational institutions to protect and develop their culture. State cannot discriminate against any institution on the basis of its administering community. A judgment by Supreme Court held in 1980, said “the State can certainly take regulatory measures to promote the efficiency and excellence of educational standards.
It can also issue guidelines for ensuring the security of the services of the teachers or other employees of the institution.” According to another judgment on 31 October 2002, the Supreme Court ruled the procedure for admission to any professional course should remain the same for all.
6.
Right to Constitutional Remedies say The Right to Constitutional Remedies empowers every citizen to move Supreme Court directly in case if someone denies or challenges his Fundamental Rights. For instance, in case of imprisonment, a citizen has the right to question his imprisonment to see if it is according to the provisions of the law of the country. A court can issue various writs like habeas corpus, mandamus, prohibition, quo warranto or certiorari to safeguard the citizens' fundamental rights.
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