Fundamental Rights

Introduction  

Fundamental rights are a basic human right that are guaranteed by the constitution of a country to protect individual dignity and freedom. This right is initiated in Part III of the  Constitution under the articles 12 to 35 and serves as the foundation for the individual liberties and justice. This rights ensure that individuals have the freedom to live without fear of discrimination or oppression, and they are essential for the protection of democracy and individual freedoms.  

Six fundamental rights enshrined in the Indian Constitution 

• Right to equality (Article 14 to 18): the right to equality is among the fundamental rights of the Indian constitution. It’s cover equality before the law and the prohibition of discrimination based on the name, race, religion, caste, gender or birthplace. Also, it includes the right to equal opportunity in terms of employment and the removal of titles, untouchability, and other distinctions.  
• Right to freedom (Article 19-22): Freedom of speech is among the fundamental rights guaranteed through the Indian constitution. Due to the widespread nature of these rights, the democratic process is so purposeful. The the right to freedom is the basic for liberty to express and speak, freedom of movement, association, or  gathering, or a cooperative and a movement, the freedom to engage in any profession, liberty and protection against the detention and arrest in many instances. 
• Right against exploitation (Article 23-24): Child labour isn’t allowed under the Rights against Exploitation. The right to be free from abstention from trafficking human beings and beggars. It dictates the abolition of the employment of children who are under 14 years old in hazardous jobs such as factories and mines. Child labour is seen as a horrifying violation of the Constitution’s spirit and provisions. 
• Right to freedom of religion (Article 25-28): The term ‘religion’ is not defined in the constitution, where it also guarantees secularism as one of the ideals of the constitution. 
• Cultural and educational rights (Article 29-30): Any group that has a language or script of its own is entitled to protect and develop the same. There is no reason for a citizen to be denied admission to state or state-aided institutions. Any minority, regardless of religion or linguistic, can set up their schools to preserve and further develop their own culture. The power to manage the doesn’t mean that the state cannot interfere in the event of a mismanagement.
• Right to constitutional remedies (Article 32): Realising the futility of granting rights without an effective machinery for their enforcement, the constitution makers included in a chapter III itself the right to the constitutional remedies. Article 32 guarantees to a person the right to move the Supreme Court directly for the enforcement of their fundamental rights. The Supreme Court can issue various kinds of writs for the enforcement of these rights. 

Significance of the right to equality  

The right to equality holds immense significance as it serves as the foundation for a just and inclusive society. Its importance lies in several key aspects: 

• Fairness and Justice – It ensures that all individuals are treated equally under the law, irrespective of their background, race, religion, caste, gender, or economic status. This fosters a sense of fairness and justice in society. 
• Non-Discrimination – This right prohibits discrimination in all spheres of life, including employment, education, housing, and public services. It creates a level playing field for everyone, regardless of their differences. 
• Inclusivity – This right promotes inclusivity by recognizing the dignity and worth of every individual. It encourages respect for diversity and the participation of all members of society in civic and political life. 
• Social Cohesion – This right helps in building social cohesion by reducing social tensions and disparities. When individuals feel that they are treated fairly and have equal opportunities, it fosters a sense of belonging and unity within society. 
• Human Rights – This is a fundamental human right enshrined in various international and national legal instruments. Protecting this right is essential for upholding the broader framework of human rights and dignity. 

Right to freedom: 

Freedom as fundamental rights has been explained under articles 19-23. All the citizens  shall have the rights to freedom of speech and expression, peaceful assembly without an  arms unionisation or forming association, free movement and a freedom to settle  anywhere within a country. 

• Article 19: Citizens have been granted six rights, as follows: A. Right to freedom of speech and expression, 

1. Right to assemble peacefully and without arms,
2. Right to form associations, unions, or co-operative societies, 
3. Right to move freely throughout the territory of India, 
4. Right to reside and settle in any part of the territory of India, 
5. Right to practice any profession or to carry on any occupation, trade, or business. 

• Protection in Respect of Conviction for Offences (Article 20): This right protects against arbitrary and excessive punishment of an accused person, whether a citizen, a foreigner, or a legal person like a company or a corporation, etc. It contains  three provisions in this regard: 

1. No ex-post-facto law – This provision prohibits incrimination under an ex post-facto law i.e. that imposes penalties retrospectively or which increases  the penalties for such acts. 
2. No double jeopardy – No person shall be prosecuted and punished for the same offense more than once. 
3. No self-incrimination – No person accused of any offense shall be compelled to be a witness against himself. 

• Protection of Life and Personal Liberty (Article 21): This right declares that no person shall be deprived of his life or personal liberty except according to the procedure established by law. This right is available to both citizens and noncitizens. 
• Right to Education (Article 21A): This article declares that the State shall provide free and compulsory education to all children of the age of six to fourteen years in such a manner as determined by the State. It is to be noted that this provision makes only elementary education a Fundamental Right, and not higher or professional education. This provision was added by the 86th Constitutional Rights  Act, of 2002. 
• Protection Against Arrest and Detention (Article 22): Article 22 provides safeguards for persons who are arrested or detained. Detention is of 2 types: 

1. Punitive Detention- to punish a person for an offense committed by him after trial and conviction in a court. 
2. Preventive Detention- detention of a person without trial and conviction by a  court. Its purpose is not to punish a person for a past offense, but to prevent him from committing an offense in the near future. 

How does the Indian constitution protect the right to life and a personal liberty?  

The Indian Constitution safeguards life and personal liberty through Article 21, which states:

“No person shall be deprived of his life or personal liberty except according to the procedure established by law.” 

This means that the state cannot take away an individual’s life or personal freedom arbitrarily. However, it can do so if it follows a process established by law that is fair, just, and reasonable. Over time, the Supreme Court of India has expanded the interpretation of  Article 21 to include a wide range of rights related to life and liberty, including:  

1. Right to live with dignity: The right to life does not just mean mere survival,  but also the right to live with dignity, including access to necessities like food, water, and shelter. 
2. Right to a fair and reasonable procedure: Any deprivation of life or liberty must be done through a lawful and fair procedure. This ensures the protection of individuals from arbitrary actions by the state.

1. Right to privacy: In the landmark judgment in K.S. Puttaswamy v. Union of India (2017), the Supreme Court recognized the “right to privacy” as a fundamental right under Article 21, protecting individuals from unnecessary and unjustified state interference in their private lives.

1. Protection against arbitrary detention: It protects individuals from illegal arrest or detention by requiring that any detention must be justified by law and, in many cases, reviewed by an independent body (like a court). 

Through these interpretations and rulings, the Indian judiciary has ensured that Article 21 upholds and strengthens the protection of life and personal liberty against any form of arbitrary action by the government. 

Limitations on the Right to freedom of speech and expression  

The ‘Freedom of Speech and Expression’ is subject to reasonable restrictions by the State on the following grounds: 

1. Sovereignty and integrity of India 
2. Security of the state 
3. Friendly relations with foreign states 
4. Public order, decency, or morality 
5. Contempt of court 
6. Defamation 
7. Incitement to an offense.