Tag: Citizen

Fundamental Rights and Fundamental Duties for Indian Citizens

India is well-known for its cultural diversity. This great nation’s identity is formed by many religions, cultures, and languages. Along with this diversity, India has been the site of several significant political movements. The struggle for independence from British rule was one of these movements. Following our country’s independence in 1947, our leaders worked tirelessly to draught a constitution that would protect the rights of all citizens. The Indian Constitution is a document that discusses the fundamental rights and duties of Indian citizens. In this article, we will look at these fundamental rights in greater detail!

Picture Courtesy – https://www.nicholls.edu/

What are the fundamental rights?

The fundamental rights are the fundamental rights guaranteed to all Indian citizens by the Constitution. Part III of the Constitution enshrines these rights ( Articles 12-35). Fundamental rights are not absolute, but are subject to reasonable limitations. Every Indian citizen is guaranteed seven fundamental rights under the Indian Constitution.
Article 12-35 of the Indian constitution establishes seven fundamental rights. It includes the right to equality (Article 14-18), the right to freedom (Article 19-22), the right against exploitation (Article 23-24), the right to religious freedom (Article 25-28), cultural and educational rights (Article 29-30), the right to property (Article 31), and the right to constitutional remedies (Article 32). (Article 32). Courts have the authority to enforce fundamental rights, subject to reasonable limitations.
  • Right to Equality (Article 14-18): The right to equality includes the prohibition of discrimination on the basis of caste, race, place of birth, sex, religion, and equal opportunity for employment.
  • Right to Freedom (Article 19-22): These rights include the freedom to speak freely and express yourself, the right to form associations, unions, or cooperatives, the right to move, reside, and work.
  • Right against Exploitation (Articles 23-24): This includes protection from human trafficking and forced labor.
  • Right to Freedom of Religion (Articles 25-28): This right includes the freedom to choose, practice, and promote the religion of your choice.
  • Cultural and Educational Rights (Articles 29-30): These rights include the right to protect minorities’ interests as well as the right to preserve their language, script, or culture.
  • Right to Property (Article 31): The 44th Amendment Act of 1978 abolished this right and replaced it with a legal right under Article 300A.
  • Right to Constitutional Remedies (Article 32): This is the most important right because it grants the authority to petition the Supreme Court for the enforcement of Fundamental Rights.
  • Fundamental rights are not absolute, but are subject to reasonable limitations, as stated in the constitution. Except in declared emergencies, these rights cannot be waived.

What are the fundamental duties under the Indian constitution?

The fundamental duties of citizens under the Indian Constitution are mentioned in Part IVA of the constitution. They were added by the 42nd Amendment in 1976. The amendment was done to instill a sense of patriotism and national pride in the citizens. There are ten fundamental duties mentioned in the constitution.
These fundamental duties are not enforceable by law but the constitution aims to inculcate a sense of duty in every citizen. Some of the fundamental duties include:
 
– protect our composite culture’s rich heritage; 
– protect our country and provide national service whenever the government requests it.
– promote harmony and a sense of common brotherhood among the people of India, regardless of regional, linguistic, or religious differences.
– value and preserve our country’s rich biodiversity; 
– protect mother earth as well as rivers, wildlife, forests, and lakes.
– protect public property and avoid violence;
Apart from the fundamental duties mentioned above, Indian citizens are also required to perform additional duties.

Differences between fundamental rights and fundamental duties:

The major difference between fundamental rights and fundamental duties is that fundamental duties are binding on all citizens, whereas fundamental rights are not.
–The Fundamental Rights, as defined in Part III of the Constitution, are all citizens’ basic civil and political rights. 
– The Fundamental Duties, as defined in Part IVA of the Constitution, are non-mandatory obligations that are regarded as moral obligations. 
– The courts can enforce the Fundamental Rights, but not the Fundamental Duties. 
– The Fundamental Duties were added to the Constitution recently, whereas the Fundamental Rights have been present since its inception.

Conclusion:

The Fundamental Rights are a set of rights to which all Indian citizens are entitled. These rights are enshrined in the Indian Constitution and protect the individual from abuse by both the government and private individuals and organizations. I tried to outline the seven fundamental rights that all Indians have, define fundamental duties, and differentiate between fundamental rights and fundamental duties in this blog post.

Plight of Victim in Criminal Justice System

                                                        (Photo: The Daily Guardian)

You want to report,
but that could get your family in danger… And if you snitch on a real gang
leader…. they can get you bad… [The] police don’t have your back unless
you’re like someone on the news or whatever, and they will kind of give you
witness protection. But that doesn’t happen in the real world. 

–FEMALE,
SACRAMENTO

 The expression
‘victims of crime’ has been defined in section 2 of the code of criminal
procedure, 1973. Initially, the criminal justice system in India was focused on
punishment as part of the crime without much attention on the suffering of
victims of crime. The rights of prisoners were protected even after their
conviction whereas little concern was shown for the rights of victims of crime.
Though there is a wealth of data on victims of reported crime nationally, as
well as various services and programs intending to meet their needs, there
remains a dearth of clear information on how to interrupt cycles of violence
and the persistence vulnerability that keeps such an overwhelming percentage at
high risk of experiencing more crime.

 However, with the
emergence of public interest litigation, the higher courts’ attention was drawn
to this lacunae in the existing criminal justice system by social activists,
and the courts started granting compensatory relief to victims of crime, but
comprehensive legislation on this aspect of criminal justice was still awaited.
In recent times, among the many reforms canvassed for improving the criminal justice
system is the one that advocates a victim orientation to criminal justice
administration. Though there are some provisions under the Indian constitution
and some sections in the code of criminal procedure, 1973 to protect the rights
of the victims and for providing compensation, the criminal courts at the lower
level in India have ignored those provisions for a long time and not utilized
them during their sentencing processes.

 Victim plays an
important role in the criminal justice system but his or her welfare is not
given due regard by the state instrumentality. Thus, the role of high courts or
the supreme court in our country in affirming and establishing their rights
holds much importance. “Tears shed for the accused are traditional
and trendy but has the law none for the victim of crime, the unknown martyrs“?
This remark by the Hon’ble Justice VK Krishna Iyer aptly describes the plight
of victims in the criminal justice system in our country. The victim is almost
a forgotten entity in the criminal system rather the irony is that the victim
sets the wheel of justice moving by giving information to the state
instrumentalities without which the entire system would collapse.

 “Victims
should come first“…

 It is of
course an indisputable fact that victims of crime have long been a forgotten
group, a group that suffered for centuries not only from society’s neglect but
also from the exploration of their rightful dias by the state. It is also true
that they had their conflicts stolen by professionals and by the criminal
justice system. However, the exceptional speed with which they were
rediscovered and their cause adopted by the politicians, let alone the
political climate that prevailed at the time of their rediscovery, is bound to
raise questions about the real interests and motives behind what has been
portrayed as a genuinely humanitarian and disinterest cause.

 A comprehensive
legal code for victim compensation is a dire necessity. The time has come for
the legislature to stop shirking its duty. Hence, a comprehensive legal code
should be enacted providing for fair treatment, assistance, and adequate
compensation to victims of crime. Only on embarking on this step can justice in
its more altruistic forms be obtained. It should be made mandatory for the
state to pay compensation to the victims of the crime of not only the private
criminal wrongs but also for the criminal acts perpetrated by its agencies.
This mandatory duty of the state gains importance from two points of view
namely as a welfare state committed to the constitutional goal of social
justice and secondly, for its failure to protect the life, liberty, and
security of its citizens.

 Therefore, I would
like to conclude with this quote-

 “Too
much money…. often resulted in further crimes which were fatal to innocent
victims who need not have been victims if justice had been put first and mercy
second.” 

–Agatha Christie