Securing the Fundamental Rights

Securing the Fundamental Rights: We all need to live joyfully, without fear, and without being exposed to biased treatment. That means we need some basic rights. For this, we anticipate that others should act in such a way that doesn’t hurt us. Similarly, our activities shouldn’t hurt others. So a right is conceivable when you make a case that is similarly workable for other people. You can’t have a right to damage or harm others. You can’t have a right to play a game in such a manner that it breaks the neighbor’s window. The cases we make should be sensible. 

Securing the Fundamental Rights

Rights are fundamental for the existence of a democracy. In a democratic system, residents must have the option to cast a ballot and the right to be chosen by the government. Rights play out an extremely unique job in a majority rules system. Rights safeguard minorities from the persecution of majorities. Freedoms are ensured which can be utilized when things turn out badly.  Things may turn out badly when a few residents may wish to remove the freedoms of others.  The public authority must safeguard the citizens’ privileges in such a circumstance. In some cases, legislatures may not safeguard or may even go after the privileges of their citizens. That is the reason a few rights should be put higher than the public authority so that the government can’t abuse them. In most majority rule governments the fundamental freedoms of the citizen are there in the constitution.

Fundamental Rights in India

Fundamental rights are the basic rights given to a citizen of a country that protects and enables a citizen to live a life with dignity and aid their development. Many countries have fundamental rights embedded in their constitutions. Indian constitution took the idea of fundamental rights from the constitution of the USA which is called The Bill Of Rights. India has 6 fundamental rights:

Right to Equality

It ensures equality under the watchful eye of Law and Equal Protection Laws, like the forbiddance of segregation on specific grounds, for example, religion, race, sex, or place of birth offering fairness of chance in issues of public work. Abolition of all titles aside from military and scholastic.

Right to Freedom

Security of six rights with respect to the right to speak freely, assembly, affiliation, development, residence, and profession. These six rights are safeguarded against state activity and not private people. These privileges are not accessible to citizens.  Right to Freedom likewise expresses that no individual will be oppressed of his life or individual freedom besides as indicated by the method laid out by regulation. It likewise gives that the State will give free and compulsory education to all offspring of the age of six to fourteen years. It awards assurance to people who are captured or kept.

Right against Exploitation

It disallows illegal exploitation, constrained work, and other comparable types of constrained work. It likewise denies the work of minor kids under the age of 14 years in any mine, industrial facility, or other perilous exercises like development work or rail line.

Right to Freedom of Religion

According to article 25 of the constitution “All persons are equally entitled to freedom of conscience and the right to freely profess, practice, and propagate religion subject to public order, morality and health.” 

Cultural and Educational Rights

Any segment of the residents in any piece of India having a positive content, culture, or language of its own, will reserve the option to moderate the same. No resident will be denied entrance into any instructive organization kept up with by the State or getting help out of State assets on grounds just of standing, language, religion, or race. All minorities will reserve the option to regulate and layout instructive organizations on their decision.

Right to Constitutional Remedies

The Fundamental Rights in the Constitution are significant on the grounds that they are enforceable. That means the citizens have the right to seek the implementation of the rights. This right is included in the fundamental rights as Right to Constitutional Remedies. With this right when the other rights of a citizen are violated he/she can seek the help of the judiciary. According to this a person can move directly to the Supreme Court or the High court in any case of violation of rights.

The Need to secure the rights

Fundamental rights are vital in light of the fact that they resemble the foundation of the country. They are fundamental for protecting individuals’ inclinations. The framing of the rights was a crucial step but mere creating them and treating them just as guarantees is of no utilization. So they need to be secured. For this regulations and laws should be made to ensure no individual is deprived of them.

How did India secure its fundamental rights?

Our leaders after so much research and expertise came to a decision that our country should be democratic. We have learn how important fundamental rights are for a democracy. We also have learnt what our first 5  fundamental right are. So are we now sure we can live an unbiased life in our country where we can access all the rights, where we can rightfully claim them? The answer is NO. Why? The 5 fundamental rights are just mentioned in our constitution. There is no provision where citizens can rightfully claim them in a legal manner or how our constitution can protect them. Mere mentioning them in the constitution is of negligible use. So to overcome this our constitution makers came up with a 6th fundamental right which is Right to Constitutional Remedies.

Right to Constitutional Remedies

The Fundamental Rights in the Constitution are significant on the grounds that they are enforceable. That means the citizens have the right to seek the implementation of the rights. This right is included in the fundamental rights as Right to Constitutional Remedies. With this right when the other rights of a citizen are violated he/she can seek the help of the judiciary. According to this a person can move directly to the Supreme Court or the High court in any case of violation of rights.
The rights are above the action of the legislative the executive or the judiciary. Any law policy or action of central or state government bodies are a threat to any fundamental right they are invalid. As India have an independent judiciary the supreme and high courts protects fundamental right from violation by giving orders and writs. 

 Right to Constitutional Remedies as ‘The Heart And Soul’ of our Constitution, pointed by Dr. B.R. Ambedkar.

Public Interest Litigation (PIL)

As the name says it is  a litigation filed in public interest. When a citizen fundamental right is violated he can go the court to protect his rights. If the violation is under public or social interest any person or group of citizens can move towards the Supreme Court or a High Court for the assurance of public interest against a specific regulation or activity of the public authority. This is called Public Interest Litigation (PIL).  

Not all citizens are privileged enough to go to court when their fundamental rights are violated or when they face any injustice. not privileged here means poor and the marginalized. they may not afford to go to court or may not be educated enough to know about their rights and the procedures to claim the rights. Some times some situations arise and effect large group of people. for exam pollution created by a particular industry to the nearby villages, government projects or private construction which may harm the ecology and environment, polices made by government which can bring injustice to a section of people. In such cases a public interest litigations benefit the public .Any person who is interested in the public welfare or any organization whose has motives to bring justice to people can file a PIL on behalf of people suffering injustice or are derived of their rights. 

There is no definition of public interest litigation in our constitution. It is a power given by judges to public. This come under judicial activism. Judicial activism is a concept where the judicial decisions (which are made by judges) are made based on personal views and wisdom rather than following the constitution. So by bringing the concept of PIL the judiciary is powering the common with a motive to bring justice to everyone.

National Human rights commission

Not every citizen of India can have the knowledge of the rights and how to attain and protect them. Some may have the knowledge but may fear of the consequences. in such cases people need someone to have their back and protect their rights behalf of them. To attain this is an independent body called National Human rights commission was set up in 1993. It is appointed by the President. The members of the commission are retired judges, officials and prominent citizens.

The NHRC is there to make autonomous request into any instance of infringement of fundamental rights. The Commission presents its discoveries and suggestions to the public authority or intercede in the court in the interest of the people in question. It has wide going powers to do its request. Like any court it can bring observers, question any government official, request any authority paper, visit any jail for assessment or send its own group for on-the-spot request. Further NHRC investigates cases Suo moto (on it own motion) or when they receive a petition. They can visit prisons or any institutions to check the living conditions of the people and suggests the state necessary recommendations. NHRC submits an annual report to the president which is presented in both the houses of the parliament.

By these measures, laws and commissions India protected the rights of its citizen and continues to do so.

Frequently Asked Questions

The Fundamental Rights of Indian Citizens are?   

There are 6 Fundamental Rights of Indians:

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 Remedies

What is the Right to Constitutional Remedies and how does it help in securing the rights?

Right to Constitutional Remedies enables citizens to seek the help of the judiciary when the rights of a citizen are violated. With this right ,a person can move directly to Supreme Court or High court in such case.

What are the uses of a PIL?

A Public Interest Litigation (PIL) can be made by a citizen or group of citizen when fundamental rights violated are of social or public interest. The people make these interests on the violation of fellow citizens or when the violation effects mass population.

Who appoints the NHRC and who are the members of it?

The NHRC National Human rights commission is appointed by the President of India. The members of the commission are retired judges, officials and prominent citizens.

Why did Ambedkar call the Right to Constitutional Remedies as ‘The Heart and Soul’ of our Constitution?

The fundamental rights are the important part of the constitution. This provides basic rights to the citizen so that they can live a life with dignity. Right to Constitutional Remedies protects these rights which makes it a crucial right. That means it makes sure that the important part of the constitution is not violated thus making it “heart and soul of the constitution”.