The III Part of the constitution of India has guaranteed seven fundamental rights. But the 44th Amendment Act of 1978 deleted 6th fundamental right; right to property. Now it *** only a legal right. All the fundamental rights come under articles from 12 to 35. These rights are explained as under.
1. Right to Equality: (14 to 18) Article 14 confers on all the citizens’ equality before law and equal protection of law. Article 15 prohibits any discrimination by the state towards its citizens on grounds of race, religion, caste, gender, and place of birth. The same article throws open public places, like shops, wells, restaurants, etc. to all citizens.
Article 16 provides for equality in matters of public employment. No one shall be dis-criminated on the grounds of race, religion, caste, gender, place of birth and residence. But the state may discriminate in favor of Backward classes of citizens by reserving jobs in the Government.
Article 17 prohibits the practice of untouchability in any form. Those who practice it will be severely punished. Article 18 prohibits the state from conferring titles like Rao Bahadur, His Highness, etc, on its citizens. However, it may award military or civil distinction like Paramavir Chakra, Bharat Ratna, Padma Bhushan, Padmashree.
2. Right to Freedom (19 to 22) Article 19 gives 6 freedoms to the citizens of India. Such as:
freedom of speech and expression.
Assemble peacefully without arms.
Form associations.
Move freely within the country,
to reside and settle down in any part of the country.
To practice any profession or trade.
Article 20: lays down Right to personal Life and Liberty.
- No person shall be arrested when the law is not in operation.
- No person shall be punished more than once for the same offense,
- No person shall be forced to give evidence against himself.
Article 21:No person shall be deprived of his life and liberty except according to the procedure established by law. The punishment shall be enforced only when he is pun-ished.
Article 22:Preventive Detention – it provides safeguards to persons under arrest.They are:
- 22 (1) the person arrested shall be informed on the grounds of his arrest as soon as possible.
- 22 (2) the person arrested shall be produced before the nearest magistrate within 24 hours of his arrest. He shall not be denied the right to consult and be defended by a lawyer.
- 22 (3) preventive detention shall not be applicable to the person who has been arrested according to law.
- 22 (4) the person who has been arrested shall not be detained in custody more than 3 months.
- 22 (5) the person who has been arrested and detained in custody shall be informed of the ground of his a arrest,
- 22 (6) to inform the ground of arrest against the public interest shall be informed,
- 22 (7) with the approval of the parliament the detention ** shall be extended more than 3 months.
3. Right against Exploitation (23 to 24):
Article 23:prohibits traffic in human beings and forced labour. Selling of ***** in to prostitution is prohibited.
Article 24: prohibits employment of **** below 14 years of age in factories and mines which is of hazardous nature.
4. Right to Religion (25 to 28):
Article 25: Every citizen has the right to profess, propagate and practice any religion as he pleases subject to public peace and morality.
Article 26: Every religious group shall establish institutions for charitable and religious purpose and manage its internal affairs arid acquire property.
Article 27: State shall not collected taxes for the maintenance of any particular religion or religious institution.
Article 28: no religions instructions shall be given in the government or aided educational institutions.
5. Cultural and educational rights(29 to 30) :
Article 29: Every citizen has the right to protect the culture and script of his choice.
Article 30: gives the right to any cultural group or **** community to run an educational institution and the government shall not make any discrimination while making grants.
6. Right to constitutional Remedies(32):
it protects the citizens against encroachment of his rights. Dr. B. R. Ambedkar said that this right is “the heart and soul of the constitution”. Every citizen has the right to move to the court if his rights are encroached by anybody.
(1) The Supreme Court is empowered to issue writs of Habeas Corpus, Mandamus, Prohibition, Quo-Warranto and Certiorari.
Article 226: High Court can also issue writs for the enforcement of fundamental rights. This right is regarded as the custodian of all the rights.
