Rights & Duties -- Indian context
The constitution of India includes fundamental rights, enforceable by the Supreme Court and High Court.
Constitution provides :
- freedom of Religion
- freedom of Speech
- freedom of movement with in States and Abroad.
- An independent Judiciary
Major reforms have been brought into force to safe guard the rights of the citizens of India by enacting
👉 Untouchability offenses act - 1955
👉Scheduled Castes and Scheduled Tribes (prevention of atrocities act) - 1989.
👉The Muslim Women (protection of rights on Divorce Act) - 1986.
👉The Muslim Women (Protection of Rights on Marriage) Act - 2019
In Shah Banu case of 1986, the Supreme Court of India recognized the Muslim Women's Right to maintenance upon divorce.
In 2017 Supreme court has declared Triple Talaq as unconstitutional.
Fundmental Rights :
Right to Equality : Articles. 14-18
Right to Freedom : Articles 19-22
Right Against Exploitation
Articles. 23-24
Right to Freedom of Religion
Articles. 25- 28
Cultural and Educational Rights
Articles. 29-30
Right to Constitutional Remedies
Articles. 32-35
Right to Education (Article 21A)
Right to Privacy :
The right to privacy is an intrinsic part of Article 21 (the Right to Freedom) that protects the life and liberty of the citizens.
The right to privacy is the newest right assured by the Supreme Court of India. It assures the people's data and personal security.
Right to freedom of Religion :
Article 25 guarantees all persons the freedom of conscience and the right to preach, practice and propagate any religion of their choice. This right is, however, subject to public order, morality and health, and the power of the State to take measures for social welfare and reform.
The right to propagate, however, does not include the right to convert another individual, since it would amount to an infringement of then other's right to freedom of conscience.
Article 32
Right to constitutional remidies
The courts can issue various writs protecting the rights of the citizens.
Writs :
- Habeas Corpus
- Mandamus
- Prohibition
- Quo Warranto
- Certiorari.
Habeas Corpus :
This is to present a person before court, if not produced before magistrate with in 24 hours after detention. This is to release a person unlawfully detained.
High court can issue this writ against private parties, where as supreme court can issue this writ only against the state i.e. Government.
Mandamus :
This is issued by both High Courts and Supreme Court against the state to act as per law and abstain from perpetrating an unlawful act.
This may be issued to enforce a fundamental rights when a Government act violates them.
Certiorari :
This is issued against constitutional bodies, Statutory bodies like corporations, companies, societies, private institions and persons where any action needs to be certified by the court according to the law.
Prohibition :
Commonly known as stay order, issued to lower courts or quasi judicial bodies from continuing proceedings in a particular case.
Quo Warranto :
Issued against constitutional offices, to restrain a person from holding a public office.
Duties :
The necessity of fundmental duties were felt during emergency period of 1975-77. A report was submitted by Swaran Singh committee in 1976.
The constitution vide 42nd. amendment act of 1976, inserted these duties under article 51A of part VI of India constitution.
There are 10 fundmental duties inserted in 42nd.Amendment Act.
Abide by the Indian Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
Cherish and follow the noble ideals that inspired the national struggle for freedom.
Uphold and protect the sovereignty, unity and integrity of India.
Defend the country and render national service when called upon to do so
Promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities and to renounce practices derogatory to the dignity of women
Value and preserve the rich heritage of the country’s composite culture
Protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures.
Develop scientific temper, humanism and the spirit of inquiry and reform
Safeguard public property and to abjure violence
Strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement
These duties are not enforceable by any court of law, but are bound morally.
While, these are confined to indian Citizens having no legal sanction, just like Directive principles of state policy. Foreign Nationals are excluded from these duties.
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