Meaning of Fundamental Rights
Every child in school has the right to sit in class and learn; no one can take it away. Likewise every citizen in the country has some fundamental rights.
Fundamental rights are the equal rights given by the Constitution to all citizens, which have the status of law and which everybody must respect.
Key idea 1 : Rights from birth — We get rights from birth. Every newborn has a right to live and the whole society and government make efforts to keep the baby in good health. In rallies and on placards people demand their rights, e.g. education, forest resources, minimum wage.
Key idea 2 : Why rights? — Only when people are protected from injustice, exploitation, discrimination and deprivation can they develop their skills and qualities. Insisting on one’s rights means asking for an atmosphere helpful to the development of oneself and of the whole society. To create such an atmosphere the Constitution has given equal rights to all citizens.
Key idea 3 : Status of law — Since these rights are included in the Constitution they have the status of law and everybody must abide by them. They are fundamental, i.e. basic, because human development is impossible without them. While using our rights we must respect the rights of others.
- Easy : Who has a right to live? — Every newborn.
- Medium : What status do they have? — Of law.
- Exam-type : Who gets rights? — All citizens equally.
In the figure: Fundamental rights covered here.
Fundamental = basic; in the Constitution, hence law.
Rights are not given and taken away by someone; they are guaranteed to all by the Constitution.
Memory clue: Rights = guarantee of development.
Spot the difference
| Point | Rights | Result |
|---|---|---|
| Source | Constitution | Status of law |
| Beneficiary | All citizens | Equal opportunity |
Practice questions
- 1What are fundamental rights?
- 2From when do we get rights?
- 3Why do people need rights?
- 4Why do fundamental rights have the status of law?
- 5Why has the Constitution given equal rights to all?
- 6State two rights of children.
- 7What would you do if someone’s right is taken away?
- 8If your pet could speak what right would it ask?
Show answers (try them yourself first)
- 1Equal rights given by the Constitution to citizens.
- 2From birth.
- 3For development protection from injustice and exploitation is needed.
- 4Because they are included in the Constitution.
- 5So that all get an atmosphere helpful to development.
- 6Education and the right to live.
- 7I would seek redress from the authorities and the court.
- 8E.g. food, shelter, freedom from cruelty.
Right to Equality
In school the headmaster’s son and the peon’s son follow the same rules. The right to equality says exactly this.
The right to equality means the State cannot discriminate among citizens as superior-inferior or men-women, and the same law applies equally to all.
Key idea 1 : Equality before law — The State cannot give anyone different treatment or privileges. The same law applies equally to all. Many laws protect us; e.g. nobody can be arrested without warrant and the State cannot discriminate while giving this protection.
Key idea 2 : No discrimination in government jobs — For government jobs the State cannot discriminate against any citizen on grounds of religion, caste, race, sex, descent, place of birth or residence. Untouchability has been abolished in India by law; untouchability in any form is a cognizable offence. Titles creating artificial hierarchy like Raja, Maharaja and Raobahadur have also been abolished.
Key idea 3 : Awards and honours — The State cannot confer titles creating hierarchy, but it gives awards like Padma Shri, Padma Bhushan and Padma Vibhushan for distinguished contribution. Bharat Ratna is the highest civilian honour of the country. Medals like Param Vir Chakra, Ashoka Chakra and Shaurya Chakra are given for remarkable service in the armed forces. Such awards give the winners no special rights or privileges; they only recognise their work.
- Easy : Is arrest without warrant possible? — No.
- Medium : Untouchability is what type of offence? — Cognizable.
- Exam-type : Highest civilian honour? — Bharat Ratna.
In the figure: What the right to equality includes.
As per the textbook awards (Bharat Ratna, Padma awards, gallantry medals) give no special privilege; they only recognise achievement. (as per the textbook)
One law for all; untouchability = crime.
It is wrong that an award winner gets special rights.
Memory clue: Equality = same law for all.
Spot the difference
| Thing | Allowed? | Reason |
|---|---|---|
| Denying a job by caste | No | Discrimination |
| Raja titles | No | Artificial hierarchy |
| Padma awards | Yes | Only honour |
Practice questions
- 1What is the right to equality?
- 2What does equality before law mean?
- 3On what grounds can no discrimination be made in government jobs?
- 4What does the Constitution provide on untouchability?
- 5Why were titles like Raja and Maharaja abolished?
- 6State the difference between awards and titles.
- 7To whom is Param Vir Chakra given?
- 8Write the benefits of the right to equality to society.
Show answers (try them yourself first)
- 1The State cannot discriminate among citizens as high-low or men-women.
- 2The same law applying equally to all.
- 3Religion, caste, race, sex, descent, place of birth, residence.
- 4Abolished; untouchability in any form is a cognizable offence.
- 5Because they create artificial hierarchy.
- 6Titles create hierarchy; awards only honour.
- 7For remarkable service in the armed forces.
- 8Equal opportunity, social unity.
Right to Liberty and Right to Education
In the school debate we can express our view and form groups with friends. As citizens we have been given freedoms like these.
The right to liberty is the guarantee of all freedoms necessary for an individual. It includes the right to life and now also the right to education for children aged 6 to 14.
Key idea 1 : Six freedoms — As Indian citizens we have freedom of speech and expression, freedom to assemble peaceably, freedom to form associations or unions, freedom to move freely throughout India, freedom to reside and settle in any part of India and freedom to practise any lawful profession or carry on any occupation, trade or business.
Key idea 2 : Right to life and security — The right to life seems simple but has deep meaning: a guarantee to live and an environment conducive to living. Nobody can take another’s life and no one can be arrested and detained without reason. No one can be punished twice for the same offence. Before punishment the allegations have to be proved; the police collect evidence and put up the case in court. Even if a person accepts the crime he is not punished immediately; the allegations have to be proved legally. This process takes time but is necessary so that an innocent person is not punished.
Key idea 3 : Right to education and responsibility — The right to liberty now also includes the right to education. All children aged 6 to 14 get education as a fundamental right, so no child is deprived of education. We must use freedom responsibly: we have freedom of expression, but cannot speak or write anything that may incite anyone to violence.
- Easy : Running any shop is which freedom? — Of profession.
- Medium : Writing an article in a newspaper is? — Expression.
- Exam-type : Moving a bakery from Goa to Maharashtra is? — Movement/residence.
In the figure: Main things in the right to liberty.
What happened before Education became a fundamental right? Before 2002 education was not a fundamental right; a directive principle in the Constitution only told the government to try to provide education to children.
What happened after Education became a fundamental right? The 86th Amendment of 2002 made education for children aged 6 to 14 a fundamental right through Article 21A. The Right to Education Act came into force on 1 April 2010.
Six freedoms = speech, assembly, association, movement, residence, profession.
Freedom does not mean saying anything; one cannot say what incites violence.
Memory clue: Six freedoms; education = 6 to 14.
Spot the difference
| Freedom | Meaning | Example |
|---|---|---|
| Expression | Voicing views | Writing an article |
| Association | Forming groups | A tribal cooperation forum |
| Movement | Moving freely | Moving state to state |
| Profession | Lawful trade | Running a bakery |
Practice questions
- 1What is the right to liberty?
- 2Write four freedoms in the right to liberty.
- 3What is the right to life?
- 4Why can no one be arrested without reason?
- 5Why is there no immediate punishment even when a crime is admitted?
- 6For which age group is the right to education?
- 7What changed when education became a fundamental right?
- 8What does using freedom of expression responsibly mean?
Show answers (try them yourself first)
- 1Guarantee of all freedoms necessary for an individual.
- 2Speech, assembly, association, movement.
- 3Guarantee to live and environment conducive to living.
- 4So that liberty remains secure.
- 5So that an innocent is not punished; allegations must be proved.
- 66 to 14 years.
- 7It became binding on government to provide education to every child.
- 8Not saying what might incite others to violence.
Right against Exploitation
If someone makes a small child work in a shop all day we feel it is wrong. The right against exploitation stops such things.
The right against exploitation is the right to prevent any kind of exploitation. It specially prohibits employing children under 14 in hazardous work.
Key idea 1 : What is exploitation? — Bonded labour, forcing someone to work against his or her wish, treating one like a slave, denying legitimate compensation, making one do excessive or strenuous work, starving or ill-treating are all exploitation. Women, children, weaker sections and powerless people are generally exploited more. This right enables us to stand up against any kind of exploitation.
Key idea 2 : Ban on child labour — The Constitution has banned all types of oppression and made a special provision to prevent exploitation of children. Children under 14 cannot be employed in hazardous places, factories and mines. Childhood must have the opportunity to learn and play, so this provision exists.
Key idea 3 : Laws and boards — The government has made many laws to stop exploitation. The Minimum Wages Act has provisions on working hours and rest hours. There is also a law protecting women from domestic violence. Boards in shops like ‘Children are not employed here’ or ‘Workers are paid daily here’ relate to this right.
- Easy : Where must children under 14 not work? — Factories, mines, hazardous places.
- Medium : Minimum Wages Act is about? — Working and rest hours.
- Exam-type : Bonded labour means? — Forced work.
In the figure: Chain of protection from exploitation.
As per the textbook the Constitution prohibits employing children under 14 in hazardous places, factories and mines. (as per the textbook)
Exploitation = bonded, slavery, low pay; under 14 = no hazardous work.
Not only children are exploited; women and weaker sections too.
Memory clue: Against exploitation = no bonded or child labour.
Spot the difference
| Type | Meaning | Protection |
|---|---|---|
| Bonded labour | Forced work | Constitutional ban |
| Child labour | Work by under-14s | Hazardous work banned |
| Low pay | No fair pay | Minimum Wages Act |
Practice questions
- 1What is the right against exploitation?
- 2State three kinds of exploitation.
- 3Whose exploitation is more?
- 4Why should children under 14 not be employed?
- 5What provisions does the Minimum Wages Act have?
- 6Which right does the board ‘Children are not employed here’ relate to?
- 7What would you do if you see children working in your area?
- 8Find more laws to prevent exploitation.
Show answers (try them yourself first)
- 1The right to prevent any kind of exploitation.
- 2Bonded labour, slavery, denial of fair pay.
- 3Women, children, weaker sections.
- 4So they can learn and play and be safe from danger.
- 5Working hours and rest hours.
- 6Right against exploitation.
- 7Talk to the children and parents and inform teachers and authorities.
- 8Student should find from books or teachers.