F.Y.B.COM. SEMESTER II
FOUNDATION COURSE – II
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Q.7 Comment on the Human Rights Constituents to Fundamental Rights of
Indian Constitution.
ANS:
When
we look at the Universal Declaration of Human Rights, we find that it has
influenced the Fundamental Rights enshrined in the Indian Constitution. Our
Fundamental Rights have been included in the Part II of our Constitution and
have the influence of following document.
i)
The Bill of Rights of British Parliament (1688).
ii)
American Revolution,1776.
iii)
Declaration of Rights of Man, French Revolution,1789.
iv)
Bill of Rights of the American Constitution,1791.
v)
Motilal Nehru Report, 1928and
vi)
Universal Declaration of Human Rights, 1948(UN).
The
founding father of our Constitutions first studied many world constitutions
before making the provisions so the fundamental rights reflects the provisions
of Human Rights, natural rights etc. provided in the world.
There
were seven Fundamental Rights provided in 1950 i.e
i)
Right to Equality
ii)
Right to Liberty
iii)
Right against Exploitation
iv)
Right to Freedom of Religion
v)
Cultural and Educational Rights
vi)
Right to Property and
vii)
Right to Constitutional Remedies.
The
Right to Property was repealed by the 44th Constitutional Amendment
Act, 1978. The Fundamental Rights of Indian Constitution falls between the
articles 14 to 35. These rights are discussed as below:
2.4.1 Right to Equality (Articles14-18):
Article 14:
It
states that the State cannot deny to any person equality before law or the
equal protection of law within the territory of the Indian Union.
Article 15:
The
State cannot discriminate on grounds of religion, race, caste, sex, descent,
place of birth, residence or on any other ground.
Article 16:
According
to this article, there is equality of opportunity in the matter of public
employment and prevent discrimination on grounds of religion, race, caste, sex,
descent place of birth, residence or on any other ground. The sub-clause (4)
provides that nothing in that article would prevent the State from making any
law for the reservation of jobs for the Backward Classes and Caste.
Article 17:
This
article provides for the abolition of hateful practice of untouchability and
declares practice of untouchability in any form as crime.
Article 18:
It
provides the restrictions to accept any award or position or conditional award
from any foreign country.
2.4.2 Right to Liberty (Right to Freedom) (Articles 19 to22)
Article 19
makes
the provision of various kinds of freedoms for Indian citizens. They are six
basic freedoms namely:
i)
Freedom of Speech and Expression.
ii)
Freedom of Assembly peacefully and without arms.
iii)
Freedom to form associations and unions.
iv)
Freedom to move freely within the territory of India.
v)
Freedom to reside and settle in any part of the territory of Republic of India.
vi)
Freedom to carry on any business, trade or occupation within the territory of
India.
The
provision of right to freedom is similar to the civil rights granted by most of
the democratic countries of Western Europe and North America. However, the
Constitution does not guarantee absolute individual rights. Indeed no state can
or has guaranteed absolute individual freedom. Therefore, this guarantee of
each of the rights is reasonably limited by the Constitution by empowering state
to impose reasonable restrictions as may be necessary in the interest of social
harmony, internal peace, national security and law and order.
Article 20:
This
provides a fair chance to the guilty to prove himself and accordingly be
punished if proven guilty not more or less.
Article 21:
Without
the due process of law one cannot be deprived of his life or individual
freedom.
Article 21 A:
As
per the 86th Constitutional Amendment Act, 2002 this article was added and it
provided that State shall provide free and compulsory education to the children
between age 6-14 years.
Article 22:
No
person could be arrested without any crime and warrant stating his crime should
be showed to him by the legal authority.
2.4.3 Right against Exploitation (Article 23-24): Article23:
This
article prohibits traffic in human being and beggar (forced labour) or bonded
labour or servitude on any ground. Any act contrary to this provision would be.
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