6.

3 RIGHTS IN THE INDIAN CONSTITUTION

In India, like most other R igh
ightt ttoo EEqualit
qualit
qualityy
democracies in the world, these The Constitution says that the
rights are mentioned in the government shall not deny to any
Constitution. Some rights which are person in India equality before the law
fundamental to our life are given a or the equal protection of the laws. It
special status. They are called means that the laws apply in the same
Fundamental Rights. We have manner to all, regardless of a person’s
already read in Chapter Three the status. This is called the rule of law.
preamble to our Constitution. It Rule of law is the foundation of any
talks about securing for all its democracy. It means that no person
citizens equality, liberty and justice. is above the law. There cannot be any
Fundamental Rights put this distinction between a political leader,
promise into effect. They are an government official and an ordinary
important basic feature of India’s citizen.
Everyone knows Constitution. Every citizen, from the Prime
that the rich can You already know our Constitution Minister to a small farmer in a remote
have better lawyers provides for six Fundamental Rights. village, is subjected to the same laws.
in the courts. What Can you recall these? What exactly No person can legally claim any
is the point in do these rights mean for an ordinary special treatment or privilege just
talking about because he or she happens to be an
citizen? Let us look at these one by
equality before important person. For example, a few
one.


law?
years ago a former Prime Minister of
the country faced a court case on
charges of cheating. The court finally
Cultural declared that he was not guilty. But
and as long as the case continued, he had
Educa- to go to the court, give evidence and
tional file papers, just like any other citizen.
Right Right to This basic position is further
Rights
against Freedom
clarified in the Constitution by
Exploitation of Religion
spelling out some implications of the
Right to Equality. The government
shall not discriminate against any
citizen on grounds only of religion,
F U N D A M E N T A L R I G H T S race, caste, sex or place of birth. Every
citizen shall have access to public
places like shops, restaurants, hotels,
and cinema halls. Similarly, there
shall be no restriction with regard to
the use of wells, tanks, bathing ghats,
Right to Right to roads, playgrounds and places of
Equality Freedom public resorts maintained by
Right to
Constitu- government or dedicated to the use
tional of general public. This might appear
Remedies very obvious, but it was necessary to

DEMOCRATIC RIGHTS 101

 Let us recall the cases of threat to the most basic of all
Guantanamo Bay and Kosovo. The liberties, the protection of
victims in both these cases faced a individual life and personal liberty.

Are these cases instances of violation of right to freedom? If yes, which constitutional provision does
each of these violate?
 The government of India banned Salman Rushdie’s book Satanic Verses on the ground that it was
CHECK disrespectful to Prophet Mohammed and was likely to hurt the feelings of Muslim community.
 Every film has to be approved by the Censor Board of the government before it can be shown to
YOUR the public. But there is no such restriction if the same story is published in a book or a magazine.
PROGRESS  The government is considering a proposal that there will be industrial zones or sectors of economy
where workers will not be allowed to form unions or go on strike.
 City administration has imposed a ban on use of public microphones after 10 p.m. in view of the
approaching secondary school examinations.

R igh
ightt against EExploita
xploita tion
xploitation any form. Begar is a practice where
Once the right to liberty and equality the worker is forced to render service
is granted, it follows that every to the ‘master’ free of charge or at a
citizen has a right not to be nominal remuneration. When this
exploited. Yet the Constitution practice takes place on a life-long
makers thought is was necessary to basis, it is called the practice of
write down certain clear provisions bonded labour.
to prevent exploitation of the weaker Finally, the Constitution also
sections of the society. prohibits child labour. No one can
The Constitution mentions three employ a child below the age of
specific evils and declares these fourteen to work in any factory or
illegal. First, the Constitution mine or in any other hazardous
prohibits ‘traffic in human beings’. work, such as railways and ports.
Traffic here means selling and Using this as a basis many laws have
buying of human beings, usually been made to prohibit children from
women, for immoral purposes. working in industries such as beedi
Second, our Constitution also making, firecrackers and matches,
CHECK prohibits forced labour or begar in printing and dyeing.
YOUR On the basis of these news reports write a letter to the editor or a petition to a court highlighting the
PROGRESS violation of right against exploitation:
The latest annual survey
A petition was filed in the Children, from the age of five,
conducted by the National
were employed in the iron ore
Madras High Court. The Sample Survey Organisation
mines in the Hospet, Sandur and
petitioner said a large number found that the number of female
the Ikal areas in Karnataka.
of children aged between child labourers was growing both
Children were forced to carry out
seven and 12 were taken from digging, breaking stones, loading, in rural and urban areas. The
villages in Salem district and dumping, transporting and survey revealed there were 41
sold at auctions at Olur Nagar processing of iron ore with no female child labourers per
in Kerala’s Thrissur district. safety equipment, fixed wages and thousand worker population in
The petitioner requested the working hours. They handled a rural areas as against the
courts to order the government high-level of toxic wastes and previous figure of 34 per
to check these facts. were exposed to mine dust, which thousand. The figure for male
(March 2005) was above the permissible level. child had remained at 31. (April
The school dropout rate in the 2005)
region was very high. (May 2005)

DEMOCRATIC RIGHTS 105

governments to accept these claims. rights.
Some international covenants have Thus the scope of rights has been
also contributed to the expansion of expanding and new rights are
evolving over time. They are result
International Covenant on of struggle of the people. New rights
Economic, Social and Cultural emerge as societies develop or as
Rights new constitutions are made. The
Constitution of South Africa guarantees
This international covenant recognises many its citizens several kinds of new rights:
rights that are not directly a par t of the  Right to privacy, so that citizens
Fundamental Rights in the Indian Constitution. or their home cannot be searched,
This has not yet become an international treaty. their phones cannot be tapped,
But human right activists all over the world see their communication cannot be
this as a standard of human rights. These include: opened.
 right to work: opportunity to everyone to earn  Right to an environment that is not
livelihood by working harmful to their health or well-
 right to safe and healthy working conditions, being;
fair wages that can provide decent standard of  Right to have access to adequate
living for the workers and their families housing.
 right to adequate standard of living including  Right to have access to health care
adequate food, clothing and housing services, sufficient food and water;
 right to social security and insurance no one may be refused emergency
 right to health: medical care during illness, medical treatment.
special care for women during childbirth and Many people think that the right to
prevention of epidemics work, right to health, right to minimum
 right to education: free and compulsory primary livelihood and right to privacy should
education, equal access to higher education. be made fundamental rights in India
as well. What do you think?

Amnesty International: An international organisation of volunteers

who campaign for human rights. This organisation brings out
independent reports on the violation of human rights all over the world.
GLOSSARY
Claim: Demand for legal or moral entitlements a person makes on fellow
citizens, society or the government.
Covenant: Promise made by individuals, groups or countries to uphold a
rule or principle. It is legally binding on the signatories to the agreement
or statement.
Dalit: A person who belongs to the castes which were considered low and
not touchable by others. Dalits are also known by other names such as
the Scheduled Castes, Depressed Classes etc.
Ethnic group: An ethnic group is a human population whose members
usually identify with each other on the basis of a common ancestry. People
of an ethnic group are united by cultural practices, religious beliefs and
historical memories.
Traffic: Selling and buying of men, women or children for immoral
purposes.
Summon: An order issued by a court asking a person to appear before it.
Writ: A formal document containing an order of the court to the government
issued only by High Court or the Supreme Court.

110 DEMOCRATIC POLITICS