Our fundamental rights are elaborated comprehensively under part III of The Constitution. Our Constitution was adopted on 26th November 1949. It was enforced from 26th November 1950. We, the people of India, were given Fundamental rights to enjoy the Freedom of life. Fundamental rights in the Indian Constitution guarantee that every person of India, regardless of their religion, will live peacefully throughout the vast territory of the country. The Fundamental Rights are granted to every citizen of India despite their race, religion, color, language, caste, deformity, and so on.
A person can’t be treated equally unless they have certain rights to make them equal. So the necessity of Fundamental rights was realized during the battle for independence. The idea of the Fundamental rights was taken from the Constitution of the U.S.A, also known as the Bill of Rights, France’s Declaration of Bill of Rights of Man, Development of the Irish Constitution, and England’s Bill of Rights. Also, India signed the Universal Declaration on Human Rights on 1st January 1842. The Universal Declaration of Human Rights is also called the father of human rights in legal history. That’s why Part III of The Indian Constitution is called the Magna Carta of India.
There are certain features of Fundamental Rights every person should know.
Article 12 to 35 is enshrined with the Fundamental Rights in Indian Constitution.
Article 19 of the Constitution provides six rights of Freedom.
Protection against the unfair conviction of offense (Article 20)
Article 20 of the Indian Constitution gives protection to accused individuals against unreasonable or unfair trials.
Right to life (Article 21)
No person shall be robbed of their right to personal Freedom. Both Citizens and Non-Citizens are provided with this right. It’s the most important right given by the Constitution.
Article 23 – This article protects individuals from forced labour and trafficking. Also, these offenses are made punishable under the eyes of the law.
Article 24 – This article prohibits child employment. Children under age 14 shall not be included in any kind of labor work or hazardous work.
The Articles 25 to 28 protects the religious interest of every individual. Every individual can profess their religion freely. No discrimination shall be made regarding religion. Also, there shall be no tax imposed on the religious denomination. No citizen shall be barred from practicing any religion. Public schools under Government Control shall not have any religious tag on them.
The Articles 29 and 30 provide every person to freely comply with their cultural heritage, their own language, and traditions. Also, none of the Indian citizens shall be barred from studying in any educational institute which is governed by the Indian State or funded by the State. Article 30 says that every minority can establish their educational institution freely.
The Article 32 gives protection against any encroachment of Fundamental Rights. The Supreme Court is the protector of Fundamental rights. A right without protection is nothing but a mere fancy declaration. So the Fundamental Rights in the Indian Constitution need to be protected at any cost. Fundamental Rights can be understood with the famous legal maxim ‘Ubi jus ibi remedium’. This means ‘where it is right, there shall be ready’.
B.R Ambedkar said Article 32 is the heart and soul of the Indian Constitution. If any Act or law encroaches the Fundamental law, even the slightest shall be declared void. There shall be no law or act against the Fundamental Rights and Equality before law and equal protection of law. Fundamental rights in the Indian Constitution are considered to be a way to develop one’s personality. Every individual shall have access to Freedom. With Freedom and voice, no one can develop freely. So rights are necessary. It protests every weaker section of society from the arbitrariness of Government. The name itself defines how it is enshrined to protect and value individual life. Every person should live with dignity and integrity.