In 1982, the construction of infrastructure for the Asian Games exposed the harsh reality faced by numerous impoverished laborers. These workers, hailing from various regions, toiled under deplorable conditions and received wages far below the government-mandated minimum.
Recognizing this as a violation of their Fundamental Right against exploitation, social scientists petitioned the Supreme Court, ultimately securing justice for thousands by ensuring they received their rightful wages.
The Importance of Rights
The cases of the construction workers during the Asian Games construction and Machal Lalung highlight the importance of constitutional rights and their actual implementation. In the former case, social scientists petitioned the Supreme Court against the exploitation of workers, leading to the enforcement of their right to fair wages. This demonstrates how the constitutional guarantee of the right against exploitation ensured justice for the workers.
Both examples underscore the significance of having rights listed and protected in the constitution itself. A bill of rights, as seen in many democratic countries, prohibits the government from infringing upon these rights and provides a remedy in case of violations.
Constitutions protect individual rights from threats posed by other individuals or private organizations. In such cases, individuals rely on the government for protection. However, government organs like the legislature, executive, bureaucracy, or judiciary may also violate individual rights in the course of their functioning. Hence, it is essential for the government to be bound to protect the rights of individuals.
The Tragic Tale of Machal Lalung
Machal Lalung’s tragic saga underscores the critical importance of fair and timely legal proceedings. Arrested at the age of 23, he languished in judicial custody for 54 years without a proper trial, despite being deemed mentally fit by medical experts.
His case epitomizes the egregious consequences of failing to uphold citizens’ rights to life and liberty. It took the intervention of the National Human Rights Commission to secure his release, shedding light on the dire repercussions of neglecting constitutional safeguards.
Significance of a Bill of Rights
The concept of a “bill of rights” holds immense significance in safeguarding individual liberties within a democratic framework. By enshrining citizens’ rights directly within the constitution, governments commit to upholding and defending these rights against encroachment.
Such provisions serve as a bulwark against governmental overreach and ensure recourse in the event of rights violations.
Protection from Both State and Non-State Actors
A fundamental aspect of constitutional rights is their role in shielding individuals from infringements by both state and non-state entities. While governments are obligated to safeguard citizens’ rights against violations by private entities, they must also be held accountable for any transgressions committed by state organs.
Thus, the constitutional framework serves as a shield, protecting individuals from undue oppression or injustice from any quarter of society.
Conclusion
The instances of exploited workers and Machal Lalung underscore the indispensable role of constitutional rights in fostering justice and equity. A robust bill of rights not only serves as a bulwark against tyranny but also epitomizes a nation’s commitment to upholding the dignity and freedoms of its citizens.
In the ongoing pursuit of democracy and justice, safeguarding fundamental rights remains paramount.
The Importance of Rights-FAQs
What are fundamental rights?
Fundamental rights are basic rights guaranteed to every citizen by the constitution, ensuring essential freedoms and protections against infringement by the state or other individuals or entities.
How are fundamental rights enforced?
Fundamental rights are enforced through legal mechanisms, including recourse to the judiciary. Citizens can file petitions in courts to seek remedies if their rights are violated, ensuring accountability and upholding the rule of law.
Are fundamental rights absolute?
No, fundamental rights are not absolute. They are subject to reasonable restrictions imposed by the state in the interest of public order, morality, and the security of the state. However, any such restrictions must be just, fair, and proportionate.
Can fundamental rights be waived or surrendered?
Fundamental rights cannot be waived or surrendered voluntarily by individuals. They are inherent and inalienable, designed to protect individuals’ dignity and autonomy. Even in cases where individuals consent to restrictions on their rights, the state remains obligated to uphold and protect those rights.
Are fundamental rights applicable only to citizens?
While fundamental rights primarily apply to citizens, some rights may extend to non-citizens residing within the territory of the state. Additionally, international human rights norms may afford certain protections to all individuals, regardless of citizenship status, ensuring universal respect for human dignity.