An Indian citizen is guaranteed with certain rights by the Part 3 of the constitution. It ensures civil freedom to all the citizens of India to live in peace. Every citizen enjoys these basic rights by birth irrespective of caste, creed, religion, place of birth, race, color or gender. The fundamental rights include Right to equality, freedom, against exploitation, religion, cultural and educational rights and constitutional remedies. These rights aim at abolishing inequalities and help its citizens to build the feeling of harmony and brotherhood.
The six fundamental rights recognized are:
- Rights to equality
- Rights to freedom
- Rights against exploitation
- Rights to freedom of religion
- Cultural and educational rights
- Right to constitutional remedies
- Rights to equality: It guarantees equality before law. Article 14 to Article 18 of the Indian constitution deals with rights to equality.
- Article 14 recognizes the equality before law and equal protection of laws.
- Article 15 ensures that there is no discrimination on the basis of religion, caste, gender or place of birth in public places.
- Article 16 considers not having discrimination on the religion, caste, gender or place of birth in case of employment.
- Article 17 bans untouchability.
- Article 18 bans titles except for those which are given on academic and military distinctions.
- Rights to freedom:
- Article 19 of this right was called as ‘Cluster of freedom’ by Pt. Jawaharlal Nehru. This include right of speech and expression, Rights to form union and association, Right to roam and right to do business anywhere in the country.
- Article 20 states that no one can be evicted for the same offence twice and compelled to witness against himself.
- Article 21 gives the right to life.
- Article 21 A which is amended by 86 Th amendments, 2002 declares the right to education.
- Rights against exploitation:
Article 23 and Article 24 prohibit the human trafficking and child labor.
- Right to freedom of religion:
It recognizes every religion equal and gives them the right to propagate and buy property on the name of the religion.
Article 27 removes the tax on religion.
- Cultural and educational rights:
- Article 29 removes the discrimination on the basis of language, script or culture.
- Article 30 deals with the cultural and educational rights of minorities.
- Right of constitutional rights:
It ensures the effective enforcement of the rights to the citizen. This fundamental right is called ‘heart and soul of the Indian constitution’ by Dr. B.R Ambedkar. Any prohibition of this right is considered by Supreme Court under any of the following writs.
- Habeas corpus: ‘You may have the body’, against unlawfully detaining a person
- Mandamus: ‘We order’, ensures duty.
- Prohibition: Issued to prevent an inferior court from exceeding its jurisdiction.
- Certiorari: removal of a case suit from inferior court to superior court.
- Quo warranto: Restrains from acting in an office where he/she is not entitled to.
Thus the constitution of India contains an elaborate chapter of fundamental rights. All these rights improve the human dignity and live their life respectfully along with the Indian democracy. Thus fundamental rights of Indian constitution find its success by helping its diverse citizens to preserve ones culture along with accessing other cultures without affecting the sentiments.