The Fragments of our Inborn Rights


By M.C. Linthoingambee

In records, India has the longest written constitution of any sovereign country in the world. The Constitution is considered the most supreme law of the law thereby taking the form of a god in deciding almost all outcomes. The written version of the same is like a Holy Bible for anybody who has either learned or not learned the knowledge of law, containing the mixture of 444 articles in 22 parts, 12 schedules, 118 amendments which came to be with the complete construction from the well renowned Dr. Bhimrao Ramji Ambedkar, also known as father of the Indian Constitution. And in these fragments it is highly essential that we promulgate the role of knowing what our rights truly are as citizens of India whereby, we come yet again to acknowledging the basic idea behind the Fundamental Rights.

PART III of the Constitution of India contains all the A to Zs of the mostly affirmed charter of rights inborn to us from the very first day of our citizenship called the Fundamental Rights. Currently, there are six fundamental rights recognized by the Indian constitution. These rights are the existing essential rights, which safeguard our principles and ensure that we as individuals are free from injustice in the stronghold of democracy. As expressly provided in the book, the following chronological display of articles is the Fundamental Rights ranging from Article 12 to Article 35. In totality, there is an exact numeration of six fundamental rights which are the: Right to Equality, Right to Freedom, Right against exploitation, Right to freedom of religion, Cultural and educational Rights and the last but not the least of the Right to Constitutional Remedies.

General Rights are categorized in Article 12 which gives the definition of Fundamental Rights and Article 13 which comprises of laws inconsistent with or in derogation of the Fundamental Rights, meaning those laws which do not uphold the basic human rights of an individual shall be removed after careful considerations. Right to Equality are categorized from Article 14 to Article 18 which gives the provisions regarding equality before law, prohibition of discrimination on grounds of religion, race, caste, sex or place of birth, Rights of Equality of opportunity in matters of public employment, Abolition of untouchability and it also provides details about Abolition of titles Right to Freedom are categorized from Article 19 to Article 22 which states about the protection of certain rights regarding freedom of speech, protection in respect of conviction for offenses, protection of life and personal liberty and that of the ordeals of dealing with the system of protection against arrest and detention in certain cases. Right against Exploitation are categorized on Article 23 and Article 24 detailing the art of Prohibition of traffic in human beings and forced labor and the ever pleasing fight towards child labor by mentioning about the prohibition of employment of children in factories, etc.

Our country being one of the famed mixture of varied number of religion give full freedom to people to practice the religion of their own choice which is well depicted in the  Right to Freedom of Religion as categorized from Article 25 to Article 28 overcrowding the mentions of the particulars of freedom of conscience and free profession, practice and propagation of religion, the specification of the freedom to manage religious affairs, freedom as to payment of taxes for promotion of any particular religion and also finally the freedom as to attendance at religious instruction or religious worship in certain education institutions. Most recently, after striking off the right to property the Right to Education has been included as a Fundamental Right. The Cultural and Educational rights are categorized from Article 29 to Article 31 which details the principles of protection of interests of minorities, the right of minorities to establish and administer educational institutions and the Compulsory acquisition of property has been repealed through the Constitution Act, 1978 under the 44th Amendment. Saving of Certain Laws are also categorized in Articles 31A, 31B, 31C and 31D which contains saving of laws providing for acquisition of estates, validation of certain Acts and Regulations and saving of laws giving effect to certain directive principles. Sometimes some persons with due authority tend to pass ordinances and temporary rules which may hamper upon the life of individuals but the ideology behind the Right to Constitutional Remedies categorizing from Article 32 to Article 35 gives back the taken rights. It provides remedies for enforcement of rights conferred by the rules provided under the same, it also addresses the Power of Parliament to modify the rights conferred by this Part of Fundamental Right in their application to forces, it also gives restriction on rights conferred while martial law is in force in any area as mentioned in the Article and it also indicates the power of the Legislation in giving effect to certain fundamentals.

Stated above are the expressly mentioned deterred rights of an individual if they are serving as a citizen of India, if any of such rights are deeply encroached upon one should prefer an appeal in the Supreme Court or the High Court with the help of writ petition through Article 32 and Article 226 respectively. Therefore, the Fundamental Rights are law abiding and safeguards the rights of all the individuals. These are the Fundamental Rights of our land. It is a free country though with certain restrictions as a means to check and balance.

(M.C. Linthoingambee is an undergraduate pursuing B.Com. LL.B(H). An avid blogger, poet, a seasonal artist and a foodie, she is also a life member to the Indian Society of the Red Cross.)


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