Wednesday, 2 February 2022

fundamental rights

 Every country in its own way secures a good life for its citizens ensuring a proper representation on a global level, a rights of a citizen are a way to ease the mind and maintain peace in its country. Fundamental rights of a citizen are the prime rights which cannot be violated as it goes against the constitutional rights granted to a citizen. Fundamental rights in India are the rights guaranteed under Part III (Articles 12-35) of the Constitution of India. There are six fundamental rights (Article 12 – 35) recognised by the Indian constitution: the right to equality (Articles 14-18), the right to freedom (Articles 19-22), the right against exploitation (Articles 23-24), the right to freedom of religion (Articles 25-28), cultural and educational rights (Articles 29-30) and the right to constitutional remedies (Article 32 and 226). 

    While the Constitution also provides some other rights, such as the Right to Property{Now Legal right under Artical 300A (44th Amendment Act,1978)}, that are not fundamental rights. In cases of fundamental rights violations, the Supreme Court of India can be directly petitioned under Article 32 of the Constitution. The Rights have their origins in many sources, including England’s Bill of Rights, the United States Bill of Rights and France’s Declaration of the Rights of Man, Rights of women. Fundamental rights for Indians have also been aimed at overturning the inequalities of traditional aryan practices. Specifically, they have also been used to abolish untouchability and thus prohibit discrimination on the grounds of religion, race, caste, gender or place of birth. They also forbid trafficking of human beings and forced labour (a crime). They also protect cultural and educational rights of religious establishments. Right to property was changed from fundamental right to legal right. Sardar Vallabhai Patel is considered as the chief architect of fundamental rights of Indian constitution.

    The first demand for fundamental rights came in the form of the “Constitution of India Bill, in 1895. Also popularly known as the Swaraj Bill 1895, it was written during the emergence of Indian nationalism and increasingly vocal demands by Indians for self-government. It talked about freedom of speech, right to privacy, right to franchise, etc. The development of such constitutionally guaranteed fundamental human rights in India was inspired by historical examples such as England Bill of Rights (1689), the United States Bill of Rights (approved on 17 September 1787, final ratification on 15 December 1791) and France’s Declaration of the Rights of Man (created during the revolution of 1789, and ratified on 26 August 1789).

    A notable development during that period having significant effect on the Indian constitution took place on 10 December 1948 when the United Nations General Assembly adopted the Universal Declaration of Human Rights and called upon all member states to adopt these rights in their respective constitutions. The fundamental rights were included in the First Draft Constitution (February 1948), the Second Draft Constitution (17 October 1948) and final Third Draft Constitution (26 November 1949), prepared by the Drafting Committee. These rights stay at the centre of the countries being.


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