Question

Describe each of the following fundamental rights :

(a) Right to equality.
(b) Right to freedom.
(c) Right against exploitation.
(d) Right to constitutional remedies.

Answer 1

(a) Right to Equality: Indian society suffered from different types of inequalities for centuries. So the makers of the constitution gave top priority to the Right to Equality. Following equalities have been granted to the Indians :

1. Equality before law. All are equal before law. No discrimination can be made on the grounds of religion, race, caste, colour and sex. Equal opportunities will be given to all while giving employment.
   (I) No person shall be convicted of any offence except for violation of law.
   (II) No person shall be prosecuted and punished for the same offence more than once.
   (Ill) Article 21 provides that no person shall be deprived of his life or personal liberty except according to the procedure established by law.
2. Checks on discrimination. The government shall not make any discriminate on the basis of caste, colour, creed, place of birth and sex. All shall be allowed to enter public places built with the aid of the government.
3. Equal opportunity. Equal opportunities shall be granted to all while giving employment or any job in the state.
4. Prohibition of untouchability. Untouchability which was a great slur on the Indian society has been declared an offence. Its practice in any form is punishable by law.
5. Abolition of titles. The Constitution prohibits the state from conferring titles. But titles for military and academic distinctions can be awarded.

(b) Right to Freedom: This right is the essence of human existence. It is essential for the development of an individual as a good citizen. A good citizen means a good state. Articles 19 to 22 of the Constitution deal with various kinds of individual and collective freedoms guaranteed to the citizens of India.

Some of them are as given below:

1. Right to Freedom of Speech and Expression. The Constitution gives to every citizen the right to freedom of speech and expression. But this right cannot be used against social order or against safety and integrity of the state. It should not be used to defame others or for inciting public to commit offences.
2. Right to Assemble Peacefully and Without Arms. This right is necessary for individuals to express their views and exchange ideas. But such an assembly should be peaceful and should not endanger the social order established by law.
3. Right to Form Associations. The Constitution guarantees the right to form associations and unions to every citizen of India. But restrictions can be imposed by such associations or unions which pose a danger to law and order or are against public good.
4. Right to Freedom of Movement. Every citizen of India has been granted freedom to move throughout the Indian territory. The state, however, can impose restrictions on this freedom in public interest.
5. Right to reside and settle. Every citizen has the right to reside and settle in any part of India.
6. Right to practise any profession. Every citizen has a right to practise any profession or to carry on any occupation, trade or business.

(c) Right against Exploitation: In ancient Indian society, many poor persons, women and children suffered from many types of exploitation. The Constitution of India puts a ban on such exploitation.

1. Our Constitution seeks to ban traffic in human beings. Workers must be paid adequate wages for their labour. The Constitution, therefore, declares forced labour or (Begar) as a crime punishable by law.
2. Children under 14 years of age cannot be employed on any dangerous job like factories or in mines. This provision has been inserted to prevent the greedy employers from exploiting the children.

(d) Right to Constitutional Remedies: The right to constitutional remedies is the most important fundamental right. This right protects other rights of the citizens. If the fundamental right of any citizen is encroached upon, he can seek justice from a High Court or the Supreme Court. The Court can nullify such act if it violates the Constitution. The High Courts and the Supreme Court can safeguard the rights of the citizens by issuing writs. The right to constitutional remedies can, however, be suspended by the Central Government in case of a national emergency.