Meaning and Need for Rights

Meaning of Rights

• Rights are essential for human development, because humans are social beings who live in society and need to develop within it.
• These rights are provided by the government and primarily outlined in the Constitution.
• The Indian Constitution grants various fundamental rights to individuals, ensuring equal status and opportunities.
• Individuals can approach the legal system if their fundamental rights are violated.
• Rights are crucial to live in society with dignity.
• Rights are crucial for personal development, if these rights aren't given, discrimination and absence of development can take place.
• The Indian Constitution guarantees fundamental rights, protecting citizens against violations that are legally challengeable.

The Need for Rights

• Rights are necessary to allow individuals to develop and live a dignified life in society.
• Without rights, people cannot develop.

Case Study 1: Exploitation of Workers

• In 1982, to prepare for the Asian Games, the government hired contractors for construction work, constructing things like stadiums and flyovers.
• These contractors, in turn, hired workers and builders from across the country.
• The workers were made to work in very poor conditions and were paid less than the minimum wage set by the government.
• A team of social scientists studied the workers' conditions and then filed a petition in the Supreme Court.
• The scientists highlighted that the workers were being paid less than the minimum wage and were being forced into bonded labor for less money.
• The Supreme Court acknowledged the violation of the fundamental right against exploitation, available to every citizen.
• The court ruled that the government must pay the workers the pre-decided minimum wage.
• Workers were exploited by poor conditions and low pay, which was a violation of their rights.

Case Study 2: Unjust Imprisonment

• A man named Mashaal Lalung was arrested at age 23 in Assam, accused of causing serious injury to someone.
• During the trial, he was found to be mentally unwell.
• He was sent to doctors for treatment and was hospitalized.
• Doctors informed jail authorities twice, in 1967 and 1996 that he was healthy and fit for trial.
• Despite this, his trial was not given importance, and he remained in police custody.
• He was released from jail in 2005, after spending 54 years in jail without a hearing, and his life was essentially wasted because his trial never happened.
• The National Human Rights Commission inspected prisons in the state, which led to Lalung's release.
• Everyone has the right to life and liberty, plus the right to a fair trial in court.
• Rights are emphasized as essential for citizens, otherwise it risks lives being squandered unjustly.

Fundamental Rights in the Indian Constitution

• Part 3 of the Indian Constitution, from Articles 12 to 35, deals with fundamental rights.
• Part 3 of the constitution is also known as the 'Magnacartra' of India.
• Key fundamental rights include:
  • Right to Equality (Articles 14-18)
  • Right to Freedom (Articles 19-22)
  • Right Against Exploitation (Articles 23-24)
  • Right to Freedom of Religion (Articles 25-28)
  • Cultural and Educational Rights (Articles 29-30)
  • Right to Constitutional Remedies (Article 32)
• Originally, there was also the Right to Property (Article 31), but it was removed in 1978 through an amendment and made a normal legal right.

Right to Equality (Articles 14-18)

• Equality before the law applies to everyone.
• Equal protection of laws means there would be no discrimination based on religion, race, caste, sex, or place of birth.
• Everyone has equal access to shops and hotels.
• There is equality of opportunity in employment.
• The abolition of untouchability.
• The abolishment of titles.

Right to Freedom (Articles 19-22)

• Includes the right to personal freedom.
• Freedom of speech and expression.
• The right to assemble peacefully.
• The right to form associations.
• Freedom to move freely throughout India.
• Freedom to reside and settle in any part of India.
• Freedom to choose any profession or trade.
• Right to life and personal liberty.
• Right to education.
• Rights for accused individuals.

Preventative Detention Explained

• Normally, a person is arrested after committing a crime.
• However, there is an exception: Sometimes, a person might be arrested on the suspicion that they are planning to commit an illegal act.
• The individual may be arrested if the government or police find out that the illegal act is going to happen.
• This is called preventative detention, meaning that if the government believes a person can pose a threat to the law, order, peace, and security of the country, they can arrest that person.
• The maximum period of the arrest is three months; if evidence is found, the term can be extended, but if not, the person must be released after 3 months.
• The government does this for security reasons.
• Preventative detention is a critically important topic that is frequently tested.

Right Against Exploitation (Articles 23-24)

• Prohibits human trafficking and bonded labor.
• Bans forced labor and prevents exploitation of children in hazardous jobs.

Right to Freedom of Religion (Articles 25-28)

• Freedom of belief and worship.
• Freedom to manage religious affairs.
• Freedom from paying taxes for the promotion of any particular religion.
• Freedom to attend religious institutions or worship.

Cultural and Educational Rights

• Protects the language and culture of minorities.
• Gives minorities the right to establish their own educational institutions.

Right to Constitutional Remedies

• Guarantees the right to approach the courts to enforce fundamental rights.
• Dr. Bhimrao Ambedkar called this right the "heart and soul" of the Constitution.
• Every citizen has the right to go to the high court or Supreme Court if their fundamental rights are violated.
• The Supreme Court or high court can issue several types of writs to order the government to enforce these rights.

Types of Writs

• Habeas Corpus: The court orders an authority to bring a detained person before it, to ensure that the detention is legal; if the court finds that the detention is illegal (without enough reason), the person can be released by the court.
• Mandamus: Issued when the court feels that a public official is not doing their legal or constitutional duty, which affects the rights of an individual.
• Prohibition: Issued by a higher court to a lower court or tribunal to prevent it from exceeding its jurisdiction.
• Quo Warranto: Issued when the court finds that a person is holding office that they are not entitled to hold, and he/she is restricted.
• Certiorari: Issued by a higher court to a lower court or tribunal to transfer a case pending with the latter to itself or to quash the order of the latter in a case.
• Besides judiciary, several commissions like the Minority Commission and Women’s Commission also work to protect these rights.

Directive Principles of State Policy

• The Constitution-makers realized that independent India would face many challenges.
• They understood that achieving equality among all citizens and social welfare would be difficult.
• They introduced policy guidelines for addressing these challenges but did not want to make these policies binding.
• These are known as the Directive Principles of State Policy (DPSPs).
• DPSP are not enforceable by the courts.
• Cannot go to court if the government chooses not to enforce these principles.
• Directive Principles are some goals and objectives that as a society we should adopt.
• The rights which citizen should enjoy, besides the fundamental rights.
• Government has attempted to implement some directive principles.
  • Zamindari Abolition Act.
  • Nationalization of banks.
  • Factory Act.
  • Initiatives taken to promote small scale industries.
  • Minimum Wages act of 1948.
  • Provisions by the government to protect the Scheduled Castes and Scheduled Tribes.
  • Right to Education.
  • Panchayati Raj System.
  • Employment guarantee schemes are some of the achievements from these directive principles.

Relationship Between DPSPs and Fundamental Rights

• Fundamental Rights (FR) and Directive Principles (DPSP) can be seen as complementary to each other.
• Fundamental Rights restrict certain actions of the government, while Directive Principles encourage the government to take certain actions.
• Fundamental rights focus on rights of an individual.
• Directive Principles focus on the welfare of the entire society.
• Implementing DPSPs can sometimes clash with Fundamental Rights.
• For Instance, in the past, the Right to Property was a Fundamental Right.
• Wealthy people had large amounts of land as personal property, while there were millions of poor people who barely had any land.
• The government put restrictions that a person cannot have more land than this, they would take the extra land and split it into smaller parts for the farmers.
• Some individual went to court, saying the right to property is a fundamental right.
• The government argued that DPSPs aimed at social welfare.
• Because some people lose individual possessions and the overall society benefits.
• The government brought the Zamindari Abolition Act and didn't listen to landlords.
• This led to clashes between Fundamental Rights and DPSPs.