Significance of fundamental rights Rating: 4,6/10 121reviews
Fundamental rights are a set of legal protections that are granted to all individuals within a jurisdiction. These rights are considered fundamental because they are essential to the dignity and well-being of the individual, and they serve as a cornerstone for the protection of all other rights. The significance of fundamental rights cannot be overstated, as they provide the foundation for the rule of law and ensure that all individuals are treated with dignity and respect.
One of the primary functions of fundamental rights is to protect individuals from the abuse of power by the state and other powerful actors. These rights place limits on the ability of the state to interfere in the lives of its citizens, and they ensure that the state cannot arbitrarily deprive individuals of their rights or freedoms. This is especially important in democratic societies, where the power of the state is supposed to be derived from the consent of the governed. Without fundamental rights, the state could easily become an oppressive force that tramples the rights and freedoms of its citizens.
In addition to protecting individuals from the abuse of state power, fundamental rights also serve as a safeguard for minority groups and marginalized communities. These groups may be particularly vulnerable to discrimination and abuse, and fundamental rights provide an important line of defense against such treatment. By enshrining certain rights as fundamental, society sends a message that all individuals deserve to be treated with dignity and respect, regardless of their background or circumstances.
Fundamental rights also play a critical role in promoting social cohesion and stability. When individuals feel that their rights are being respected and protected, they are more likely to feel invested in their society and more willing to contribute to the common good. On the other hand, when fundamental rights are not respected or protected, individuals may become disillusioned and disaffected, which can lead to social unrest and conflict.
In conclusion, the significance of fundamental rights cannot be overstated. These rights serve as a cornerstone for the protection of all other rights, and they are essential to the dignity and well-being of the individual. They also play a critical role in protecting against the abuse of state power, promoting social cohesion and stability, and safeguarding minority groups and marginalized communities. Without fundamental rights, society would be a much less just and equitable place.
Importance of Fundamental Rights
Rights are defined as claims of an individual that are essential for the development of his or her own self and that are recognized by society or State. This exception has been provided since the classes of people mentioned therein are considered deprived and in need of special protection. When any of our rights are violated, we can seek justice through courts. The obligations that accompany rights are in the form of duties. When education is viewed as a right, it means that almost everyone, not just the wealthy, has direct connections. Article 19 : Right to Freedom The Right to Freedom guarantees to the citizens of India six Fundamental Freedoms: 1 Freedom of Speech and Expression, 2 Freedom of Assembly, 3 Freedom to form associations, 4 Freedom of Movement, 5 Freedom to reside and to settle, and 6 Freedom of the profession, occupation, trade, or business.
Universal Declaration of Human Rights & its Significance within Indian Perspective
The main aim for inclusion of the fundamental rights in the Indian constitution was to institute a government of laws and not of man, where under the rule of man the society would be unsystematic and unrestrained, but with the rule of law the peace and harmony will be maintained in the society, hence, assuring Justice and Equality. The Indians were left with the idea that their precious inherent human rights and critical interests had been neglected, denied, and stomped on for the sake of England and its rulers. Six Freedoms: Article 19 of the Constitution provides for the following six freedoms: Freedom of speech and expression Freedom to assemble peacefully and without arms Freedom to form Associations and Unions Freedom to move freely throughout the territory of India Freedom to reside and settle in any part of India Freedom to practise any profession or to carry on any occupation, trade or business The purpose of providing these freedoms is to build and maintain an environment for proper functioning of democracy. In respect of the Right to freedom the Constitution makes the following four provisions under Articles 25-28: Freedom of conscience and free profession, practice and propagation of religion: All persons are equally entitled to freedom of conscience and the right to profess, practise and propagate religion freely. These rights encapsulate the fundamental ideals that the citizens have held dear since the Vedic era.
Importance of Human Rights
However, the State is not precluded from making special provisions for women and children or any socially and educationally backward classes of citizens, including the Scheduled Castes and Scheduled Tribes. Restriction of Fundamental Rights: During National Emergencies, all Fundamental Rights are suspended, except for those provided under Articles 20 and 21. In response to demands for fundamental rights, the Government of India Act of 1915 ensured equal opportunity in public services. Indians were humiliated and discriminated against by the British. The Supreme Court has the jurisdiction to enforce the Fundamental Rights even against private bodies, and in case of any violation, award compensation as well to the affected individual.
The Importance Of Fundamental Rights
Nothing in this article shall prevent the state from making any special provisions for women and children. No one can be convicted for an act that was not an offence at the time of its commission, and no one can be given punishment greater than what was provided in the law prevalent at the time of its commission. Every citizen of India is guaranteed basic human rights under the Indian Constitution. Besides the above stated restrictions, the State also has the power to regulate any economic, financial, political or other secular activities related to religion. The general norm of international law states that all local remedies must be exhausted before resorting to international settlement procedures, emphasising the primary responsibility of national authorities to preserve human rights. Human rights establish a framework for how employees must be addressed and treat everyone equally.
Why are fundamental rights important ?
The Constituent Assembly of India enacted the Indian constitution on December 26, 1949, and it went into effect on January 26, 1950. It always states that if a component of a legislation is found to be in violation of the Fundamental Rights, that part of the law would be deemed void. In cases of fundamental rights violations, the Supreme Court of India can be directly petitioned under Article 32 of the Constitution. Right to Constitutional remedies The Right to Constitutional Remedies empowers citizens to approach the Supreme Court of India to seek enforcement, or protection against infringement, of their Fundamental Rights. The British colonial period is the Indian analogue of the Dark Ages in terms of cultural history. With a standard for what is a human right, governments can be held accountable for their actions. Fundamental Rights are widespread, which means they are pragmatic to all the citizens of India equally, that is irrespective of their race, birthplace, religion, caste, sex, culture, position and identity.
Fundamental rights and their importance
Our lives would not have been same without the fundamental rights. Right to form associations or unions may have restrictions in the interests of the sovereignty and integrity of India, public order or morality. A minority community can effectively conserve its language, script, or culture by and through an educational institution. People are subjected to violence or completely inadequate opportunities because they refuse to acknowledge that the workplace can be biased or terribly oppressive. The specific demand for fundamental rights followed logically from the nationalist movement, which began in 1885 with the formation of the Indian National Congress.
Significance of Fundamental Rights
These rights embody the basic values cherished by the people of this country since the Vedic times. They act as a check not only on the state but also on private individuals. Prohibition of employment of children in factories, etc. Zahra has diversified interests apart from her professional life as well. Article 20 : Protection in respect of Conviction for Offences Article 20 provides protection against arbitrary and excessive punishment for any person who commits an offence. In 1948, the United Nations released the Universal Declaration of Human Rights, which has become the most important document of what should be considered the standard for basic equality and human dignity.
Fundamental Rights: Importance and Summary
This is why specific rights like the right to assemble are so crucial because no society is perfect. The United Nations Commission on Human Rights has devised numerous new tools for human rights monitoring under the authority of the United Nations Charter, rather than on the basis of a specific human rights treaty. However, there are some exceptions to this right. Zahra has interned under a few lawyers and firms, participated in various moot courts and similar events, and is proficient in research and written content. These rights give people hope and belief that there is no stopping their growth. Article 24 prohibits employing children below the age of 14 years in any hazardous profession. It provides legal remedies for the protection of our Fundamental Rights.
What is the significance of fundamental rights?
After partition while framing Constitution of India most of the features has been adopted from the Government of India Act, 1935 and many other features of the Constitution have been borrowed from the various Constitutions across the globe. People in India were subjected to severe violations of various rights during the early British rule, which contributed to the development of current Human Rights law in the country. The state can impose reasonable restrictions on the exercise of these rights on the grounds of public order, decency, morality or the like. Freedom as to attendance at religious instruction or religious worship in certain educational institutions: 1 No religious instruction shall be provided in any educational institution wholly maintained out of State funds. These rights are fundamental because of two reasons.
Meaning & Importance of Rights and Duties
However, these rights are not absolute or uncontrolled and are subject to reasonable restrictions as necessary for the protection of general welfare. The rights given by the constitution other than fundamental rights are also important rights protected by the higher authorities. Not only a successful lawyer, but she also aspires to become a productive human being. Fundamental Rights not only safeguard freedom but also guarantee the right to live a dignified life and personal liberty of the citizens against any incursion by the state, and henceforth, these liberties will play a crucial role in preventing or foiling the establishment of an authoritarian and undemocratic rule in the country and so, are are very essential for assuring an all-around burgeoning of individuals and the country. The horizon of human rights has, however, broadened as a result of ongoing changes.
FAQs
What is the importance or significance of fundamental rights? ›
Fundamental Rights protect the liberties and freedom of the citizens against any invasion by the state, and prevent the establishment of authoritarian and dictatorial rule in the country. They are very essential for the all-around development of individuals and the country.
What is the definition of fundamental rights? ›Fundamental rights are a group of rights that have been recognized by a high degree of protection from encroachment. These rights are specifically identified in a constitution, or have been found under due process of law.
Which fundamental right is the most important fundamental right *? ›The right to constitutional remedies is the most important right. The provisions of this right include the right to move the courts for issuance of writs. The Supreme Court and High Courts can issue directives to the government for the implementation of rights.
Why are the fundamental duties as important as the fundamental rights class 5th? ›Fundamental duties are important because: They remind Indian Citizens of their duty towards their society, fellow citizens and the nation. They warn citizens against anti-national and anti-social activities. They inspire citizens & promote a sense of discipline and commitment among them.
What are the fundamental rights of US citizens? ›The Bill of Rights protects freedom of speech, freedom of religion, the right to keep and bear arms, the freedom of assembly and the freedom to petition. It also prohibits unreasonable search and seizure, cruel and unusual punishment and compelled self-incrimination.
What is the example of fundamental rights? ›Right to freedom of conscience and free profession, practice, and propagation of religion. Right of any section of citizens to conserve their culture, language or script, and right of minorities to establish and administer educational institutions of their choice; and.
What is the difference between fundamental rights and human rights? ›Fundamental rights are the rights of a country's citizens that are stated in the constitution and enforced by the law. Human rights, on the other hand, are the safeguards that a human being seeks in order to live in dignity and equality.
Who can claim fundamental rights? ›Thus, ensuring equal opportunity to all citizens irrespective of their backgrounds like religion, race, caste, etc. Article 19 – Protection of Six Fundamental Rights: The Constitution guarantees all the citizens the six freedom of rights before enacting any new legislation.
Which right is very important? ›These rights are called absolute human rights and they include the right to freedom from torture, the right to freedom of thought, conscience, and religion and the right to freedom from slavery.
Which right is most important and why? ›The First Amendment is widely considered to be the most important part of the Bill of Rights. It protects the fundamental rights of conscience—the freedom to believe and express different ideas—in a variety of ways.
What is the conclusion of fundamental rights? ›
Conclusion. Fundamental Rights enshrined in the Indian Constitution are like a guarantee which means as long as they exist in the Indian Constitution, democracy will prevail and all Indian citizens can be assured of the protection of their basic rights. Such civil liberties prevail over any other law of the land.
How do fundamental rights ensure that an individual grows freely? ›The basic human rights which every human being has a right to enjoy are called Fundamental Rights. They are essential for the balanced growth of a citizen. They are guaranteed by the Constitution. Therefore, all people irrespective of caste, creed or religious belief can go to the court of law for its enforcement.
What would happen if there is no fundamental rights? ›In the absence of fundamental rights, a man's existence would be worthless. So, the political institution's role and responsibility mainly emphasized on empowering the people, especially the minorities to live in dignity with rights of equality, dignity and religious freedom.
How are fundamental rights protected? ›The fundamental rights are protected by the judiciary of India and in case of their violation, a person can approach the Supreme court directly for justice as per Article 32 of the constitution.
Why are they called fundamental rights? ›The Fundamental Rights are called Fundamental because they are essential and natural to the development of human beings. The Fundamental Rights are defined as basic human freedoms that every Indian citizen has the right to enjoy for a proper and harmonious development of personality.
Do humans have fundamental rights? ›These universal rights are inherent to us all, regardless of nationality, sex, national or ethnic origin, color, religion, language, or any other status. They range from the most fundamental - the right to life - to those that make life worth living, such as the rights to food, education, work, health, and liberty.
What are first fundamental rights? ›Seven fundamental rights were originally provided by the Constitution – the right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, right to property and right to constitutional remedies.
What are the 11 fundamental human rights? ›The fundamental rights under the Constitution include; right to life; dignity of human person; liberty, fair hearing; private and family life; freedom of thought, conscience and religion; freedom of expression and press; peaceful assembly and association; movement; freedom from discrimination; right to acquire and own ...
What are the current fundamental rights? ›Ans. 6 Fundamental Rights in Indian Constitution are as- Right to equality, Right to freedom, Right against exploitation, Right to freedom of religion, Cultural and educational rights, Right to constitutional remedies.
What are the two types of fundamental rights? ›There are six types of fundamental rights in India, as listed in the Indian Constitution. These are: Right to equality, which includes equality before the law, prohibition of discrimination on grounds of religion, race, caste, gender or place of birth, and equality of opportunity in matters of public employment.
What is the difference between fundamental rights and constitutional right? ›
Actual difference
Though both the rights are equally justiciable, the constitutional remedy by way of an application on to the Supreme Court under Article 32, which is itself included partially III, as a fundamental right, is out there only within the case of fundamental rights.
The six fundamental rights include the Right to Equality, Right to freedom, Right against exploitation, Right to freedom of Religion, Cultural and Educational Rights and Right to constitutional Remedies.
Who control the fundamental rights? ›Fundamental Rights are enforceable through the Supreme Court and High Courts. As per Article 32, the Supreme Court can enforce Fundamental Rights.
Who has the power to enforce fundamental rights? ›So also, the Supreme Court under Article 32 has the jurisdiction to issue prerogative Writs for the enforcement of Fundamental Rights guaranteed to a citizen under the Constitution.
What are the 7 fundamental rights? ›- Right to Equality (Article 14-18)
- Right to Freedom (Article 19-22)
- Right against Exploitation (Article 23-24)
- Right to Freedom of Religion (Article 25-28)
- Cultural and Educational Rights (Article 29-30)
- Right to Constitutional Remedies (Article 32)
There are six fundamental rights in India. They are Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and Right to Constitutional Remedies.
What are the 4 fundamental rights? ›- Right to equality (Article 14–18)
- Right to freedom (Article 19–22)
- Right against exploitation (Article 23–24)
- Right to freedom of religion (Article 25–28)
- Cultural and educational rights (Article 29–30)
- Right to constitutional remedies (Article 32)
The fundamental human rights contained in the constitution of Nigeria are: the Right to Life, the Right to Dignity of Human Person, the Right to Personal Liberty, the Right to Fair Hearing, the Right to Private and Family Life, the Right to Freedom of Thought, Conscience and Religion, the Right to Freedom of Expression ...