Your Rights

Fundamental Rights in IndiaRights which are considered essential or fundamental for the well-being of a person are called Fundamental Rights.The Fundamental Rights in India enshrined in the Part III of the Constitution of India guarantee civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. These include individual rights common to most liberal democracies, such as equality before law, freedom of speech and expression, freedom of association and peaceful assembly, freedom to practice religion, and the right to constitutional remedies for the protection of civil rights by means of writs such as habeas corpus. Violations of these rights result in punishments as prescribed in the Indian Penal Code, subject to discretion of the judiciary. The Fundamental Rights are defined as basic human freedoms which every Indian citizen has the right to enjoy for a proper and harmonious development of personality. These rights universally apply to all citizens, irrespective of race, place of birth, religion, caste, creed, colour or sex. They are enforceable by the courts, subject to certain restrictions. The Rights have their origins in many sources, including England’s Bill of Rights, the United States Bill of Rights and France’s Declaration of the Rights of Man.

The six fundamental rights are:

Right to equality
Right to freedom
Right against exploitation
Right to freedom of religion
Cultural and educational rights
Right to constitutional remedies

Rights literally mean those freedoms which are essential for personal good as well as the good of the community. The rights guaranteed under the Constitution of India are fundamental as they have been incorporated into the Fundamental Law of the Land and are enforceable in a court of law. However, this does not mean that they are absolute or that they are immune from Constitutional amendment.[2]

Fundamental rights for Indians have also been aimed at overturning the inequalities of pre-independence social practices. Specifically, they have also been used to abolish untouchability and hence prohibit discrimination on the grounds of religion, race, caste, sex, or place of birth. They also forbid trafficking of human beings and forced labour. They also protect cultural and educational rights of ethnic and religious minorities by allowing them to preserve their languages and also establish and administer their own education institutions.

FUNDAMENTAL RIGHTSRight to Equality

ARTICLE
14. Equality before Law
15. Prohibition of discrimination on grounds of religion,race,caste,sex or place of birth.
16. Equality of opportunity in matters of public employment.
17. Abolition of Untouchability
18. Abolition of titles.

Right to Freedom

ARTICLE
19. Protection of certain rights regarding freedom of speech, etc.
20. Protection in respect of conviction for offences.
21. Protection of life and personal liberty.
22. Protection against arrest and detention in certain cases.

Right against Exploitation

ARTICLE
23. Prohibition of traffic in human beings and forced labour.
24. Prohibition of employment of children in factories, etc.

Right to Freedom of Religion

ARTICLE
25. Freedom of conscience and free profession, practice and propagation of religion.
26. Freedom to manage religious affairs.
27. Freedom as to payment of taxes for promotion of any particular religion.
28. Freedom as to attendance at religious instruction or religious worship in certain education institutions.

Cultural and Educational Rights

ARTICLE
29. Protection of interests of minorities.
30. Right of minorities to establish and administer educational institutions.

31. [Repealed.]

Saving of Certain Laws

ARTICLE
31A. Savings of laws providing for acquisition of estates,etc.
31B. Validation of certain Acts and Regulations
31C. Saving of laws giving effect to certain directive principles
31D. [Repealed.]

Right to Constitutional Remedies

ARTICLE
32. Remedies for enforcement of rights conferred by this Part.
32A. [Repealed.]
33. Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.
34. Restriction on rights conferred by this Part while martial law is in force in any area
35. Legislation to give effect to the provisions of this Part.

Human Rights

These are the rights that every human being automatically qualifies for at birth. They cannot be denied because of the colour of one’s skin, religion, age or other personal factors. Central to the concept of human rights is the protection of human dignity.The basis of huamn rights such as respect for human life and human dignity can be found in most religions and philosophies .The devolopment of human rights has its roots in the struggle for freedom and equality everywhere in the world. Human Rights do not have to be given,bought or earned as they belongs to people simply because they are Human Rights. Human Rights are inherent to each individual Human rights are manifested by the Universal Declaration of Human Rights, which was adopted in 1948 by the United Nations.

Civil Liberties

Civil Liberties are freedoms that protect an individual from the government of the nation in which they reside. Civil Liberties set limits for government so that it cannot abuse its power and interfere unduly with the lives of its citizens. Civil lIberties revolves around the artile 21 of the constitution of India which guarantees the Right to life with human diginity and Personal liberty to all persons

Arrest

What is the meaning of Arrest?

Can police arrest any person without warrant ?

Rules to be followed by authorities during arrest.

What are the rules of Post Arrest?

What are the requirements for arrest, detention and interrogation?

A memo of arrest must be prepared at the time of arrest.

What one should do when arrested in police station?

What should be done if arrested illegally?

What should the relatives, friends do if the kin is illegally arrested?

What is Habeas Corpus?

What is preventive arrest?