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The Fundamental Rights of Every Indian Citizen

The Indian Constitution came in force from 26th January 1949 and was drafted under the chairmanship of Dr. B.R. Ambedkar along with other members. The Constitution of India is the Supreme law governing the country and explicitly states the framework demarcating fundamental political code, structure, procedures, powers and duties of the government. It also states the Fundamental duties along with Fundamental rights which every citizen of India is entitled to. As of 2019, our constitution had 470 articles grouped under 25 parts. 

One of the most amazing fact is that since its adoption, the Constitution of India has been amended 104 times. Our Constitution includes 12 schedules, and the latest amendment became effective on 14th January 2019.

This article is written to help every citizen of India to realise their rights which the Constitution of India provides. Hence, the rights and duties of every citizen of India has been explained below.

Fundamental Rights of Citizens of India:

There are a total of six fundamental rights which the constitution bestows upon us. These are namely:

1. Right to equality
2. Right to freedom
3. Right against exploitation
4. Right to freedom of religion
5. Cultural and educational rights
6. Right to constitutional remedies.

These rights sound very common but are inevitable for any Indian citizen. These rights have been explained in detail below:

1. Right to Equality:

The Right to Equality is very important in a country like India where we have numerous castes and where the social system is still guided by caste system. Right to equality is to establish the rule of law where all the citizens should be treated equal before the law. The right consists of five provisions. The basic objective of this right is to eradicate discrimination which exists on the grounds of religion, race, caste, sex, creed or place of birth. 

The following are the provisions which this right provides us:

a. Equality before Law: According to this, the constitution guarantees that all citizen will be equal before the law. The law will equally treat every person who comes before it. There would be no discrimination while deciding punishment for two persons with different caste or creed.

b. No Discrimination on the basis of Religion, Race, Caste, Sex or Place of Birth: To bring social equality in the country, no state can discriminate between individuals on the basis of caste, creed, race, sex, religion or place of birth. The state is entitled to make special provisions for women and children, but no other discrimination is allowed. According to this every citizen of India has an equal access to shops, restaurants, schools and other public places.

c. Equality of opportunity to all citizens in matter of Public employment: The State cannot discriminate between anyone in the matters related to public employment. Except from the reservations made for Scheduled Caste, Scheduled Tribes, Other Backward Classes and other reservations no discrimination will be permitted.

d. Abolition of Untouchability: Untouchability is one of the most prevalent social issues which even the modern Indian society faces. Though, under the law untouchability is a punishable offence. This provision is an effort to uplift the social status of millions of people who have been looked down upon and were never treated as equals.

e. Abolition of titles: Under this provision, all the titles which were given to British loyalties during the British Raj would be abolished as they create distinctions of artificial nature. This includes titles like Sir, Rai Bahadur, etc.

Hence, these are the provisions under Right to Equality which our constitution provides us.

2. Right to Freedom:

Freedom is the most loved desire by any individual and everyone longs for it. Our constitution provides this important right to each one of us. The right is stipulated under Articles 19-22 and is broadly divided into 4 categories which are further divided into subcategories. The four main categories are as follows:

a. Six Freedoms: Article 19 of the Indian Constitution provide the following six freedoms to every citizen of India-

i. Freedom of speech and expression
ii. Freedom to assemble peacefully and without arms
iii. Freedom to form associations and unions
iv. Freedom to reside and settle in any part of India
v. Freedom to move freely throughout the territory of India
vi. Freedom to practice any profession or to carry on any occupation, trade or business.

To maintain the proper functioning of our democracy and to help citizens of the country to self-actualise these six freedoms are imperative.
But with these six freedoms, there are some reasonable restrictions which are also applicable for every Indian citizen. 

b. Protection in respect of conviction for offences: According to this, no one can be convicted for an act that was not an offence at the time of commission and punishment will also be provided which was prevailing at the time of commission of the act. Also, no individual can be punished twice for any crime done by him/her and can be only prosecuted once.

c. Protection of life and personal liberty: No one can be deprived of his/her life or personal liberty except according to the procedure established by law.

d. Protection against arrest and detention in certain cases: Whenever a person is arrested, s/he must be informed about the ground of his/her arrest immediately and the person should be allowed to consult their legal practitioner. After the arrest, the accused must be presented before the magistrate within 24 hours expect for the people who are arrested under preventive detention.

Hence, these are some of the rights under right to freedom which are essential for every human being.

3. Right against Exploitation 

The citizens of India have been granted right to exploitation through articles 23 and 24 and there are two provisions in this right. The two provisions have been explained below:

a. Prohibition of traffic in human beings and forced labour: Trafficking of human beings and forced labour are prohibited and any violation of this provision shall be an offence punishable with respect to the law.

b. Prohibition of employment of children in factories, etc.: This right state that no child below the age of fourteen years shall be employed in any factory, mine, shop, etc. The main objective of this right is to tackle the problem of child labour throughout the country.  Every child has the right to experience a happy, carefree childhood along with acquiring education. 

4. Right to freedom of Religion:

Since India is a secular and multi-religion country, this right is the most crucial one. Hindus, Sikhs, Muslims, Christians and hundreds of minor communities reside in India as one family. According to this right, every citizen of India has full freedom to have faith in any religion and to worship the way they like. Also, no one has any right to interfere with other persons belief, religion and worshipping method. The most unique aspect about this act is that even foreigners have this right in the country. The right to Religion is further divided into  four provisions which are stated below:

a. Freedom of conscience and free profession, practice and propagation of religion: Each and every individual is entitled to this freedom, but it does not mean that one can force another person to convert hisher religion by force or allurement. Many inhuman activities such as sacrificing animals or human beings have also been banned under this right. The State also has the power to regulate any economic, social, political or any other activity related to religion. 

b. Freedom to manage religious affairs: Subject to public order, morality and health, every religious group or any section shall have the right (i) to establish and maintain institutions for religious and charitable purposes; (ii) to manage its own affairs in matters of religion; (iii) to own and acquire movable and immovable property; and (iv) to administer such property in accordance with law. 

c. Freedom as to the payment of taxes for promotion of any particular religion: No person will be forced to pay taxes from the proceeds of any regional activity.

d. Freedom as to attendance at religious instruction or religious worship in certain educational institutions: According to this provision, no religious instruction shall be provided in any educational institutional wholly maintained by state funds. But this provision is not applicable to educational institutions which are run by private trusts. In such institutions as well, no one can be forced to attend any religious instruction.