Right to Equality in India

Topics: India, Discrimination, Law Pages: 22 (5308 words) Published: October 12, 2014
Sparsh

B.A. Political Science (Hons) Semester 1
Roll No - 0714067

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Right To Equality In India
Subject : Constitutional Democracy & Govt. In India

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Fundamental rights is a charter of rights contained in the
Constitution of India. It guarantees civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. Fundamental rights are guaranteed to every citizen of a country and also constitute the most basic set of rules that must be followed by each and every person in the country. Fundamental rights are contained in Part III of the Indian Constitution and in Articles 12 to 35. !

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Evolution of a comprehensive charter of rights was a must for a democracy, and this part is described by Dr. Ambedkar as the most ‘criticised’ part of the whole constitution. It was in accordance with the contemporary democratic and humanitarian temper and constitutional practice in other nations of the world. It was also necessary to incorporate them into our constitution keeping into view the special problem of minorities and the need to assure them of the fullest protection of their rights.!

These fundamental rights guarantee civil freedom to all the citizens of India to allow them to live in peace and harmony. These are the basic rights that every Indian citizen has the right to enjoy, irrespective of their caste, creed and religion, place of birth, race, colour or gender. Anyone RIGHT TO EQUALITY IN INDIA

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including the state found guilty of the non-compliance to such Fundamental rights will be punished as mentioned in the Indian Penal Code, subject to the verdict of the judiciary. Fundamental rights for Indians aim at narrowing down the inequalities of pre-independence social practices, especially the abolition of untouchability. They also guarantee the protection of cultural and educational rights of some religious minorities by granting them the liberty to conserve their languages and educational institutions.!

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There are six* basic fundamental rights guaranteed by the
constitution, namely !
1) Right to Equality (Articles 14-18)!
2) Right to Freedom (Articles 19-22)!
3) Right Against Exploitation (Articles 23 & 24)!
4) Right To Freedom Of Religion (Articles 25-28)!
5) Cultural & Educational Rights (Articles 29 & 30)!
6) Right To Constitutional Remedies (Articles 32-25)!

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*Right To Property was also included initially in Article 31 but was later altered to a constitutional/ legal right in the 44th Amendment 1979 and shifted to Part 4, Article 300A of the constitution.!

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‘Right to Equality’, means equality before law, ruling out any prejudice on the basis of race, religion, caste, creed, gender or place of birth. This right also means an equality of opportunity with respect to employment, abolition of untouchability and also abolition of titles.!

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‘Right to freedom’ includes a gamut of rights such as right to speech and expression, right to assemble peacefully or to form association, right to move freely throughout the territory of India, right to life and liberty, right to reside and settle in any part of India and so on.!

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‘Right to Freedom Of Religion’ is another important fundamental right that explains the essence of freedom of conscience and profession, freedom to run religious affairs and freedom to give religious instructions in certain institutions.!

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‘Right against Exploitation’ talks about the banning of forced labor and prohibition of employment of children in perilous jobs. It also talks about prohibition of trafficking of human beings and other inhumane crimes committed against women and children.!

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‘Cultural and Educational Rights’ of our constitution explains the preservation of language and culture of minorities and right of minorities to establish educational institutions.!

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‘Right to Constitutional Remedy’ deals with the right to move...
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