NIOS Class 10 Social Studies Chapter 16 Fundamental Rights and Fundamental Duties Part 1 (For CBSE, ICSE, IAS, NET, NRA 2022)

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Title: Fundamental Rights and Fundamental Duties

Fundamental Rights

  • Rights are rules of interaction between people.
  • They place constraints and obligations upon the actions of the state and individuals or groups.
  • They are essential for the development of his or her own self and that is recognized by society or State.
  • The constitution guarantees them and are justiciable
  • In the case of their violation, the individual can approach courts for their protection.
  • Such rights are provided in Part III of the Indian Constitution.
  • Keeping in view the importance of Human Rights, the National Human Rights Commission was founded in 1993 by the Government of India.
  • The General Assembly of the United Nations adopted Human Rights in 1948 and enshrined them in Universal Declaration of Human Rights

The Constitution guarantees six fundamental rights to Indian citizens as follows:

Right to Equality

  • All the citizens should be treated equally before the law
  • Articles 14 - 18
  • Equality before Law: Everyone will be equally protected by the laws of the country
  • No Discrimination on the basis of Religion, Race, Caste, Sex or Place of Birth
  • Equality of Opportunity to all Citizens in a matter of Public Employment
    • Although, there is a special provision for the reservation of posts for citizens belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes (OBCs)
  • Abolition of Untouchability: Practicing untouchability in any form has been made a punishable offence under the law.
  • Abolition of Titles: Titles which were given to the British loyalists during the British rule e Sir (Knighthood) or Rai Bahadur

Right to Freedom

This Right is stipulated under Articles 19 - 22.

Six Freedoms

  • Freedom of speech and expression
  • 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 practice any profession or to carry on any occupation, trade or business
  • Freedom to assemble peacefully and without arms

The State to impose certain reasonable restrictions on these freedoms

The State to Impose Certain Reasonable Restrictions on These Freedoms
FreedomsReasonable Restrictions
1. Freedom of speech and expression(a) Restriction on the movement of a person/group to prevent spread of violence.
2. Freedom to form Associations and Unions(b) Not allowed to run trades like gambling, prostitution, selling of narcotic drugs.
3. Freedom to assemble peacefully and without arms.(C) Not allowed to reside too close to aerodrome
4. Freedom to move freely throughout the territory of India(d) Restriction on the use of language that may instigate people for communal violence
5. Free to reside and settle in any part of India(e) Not allowed to form an association to help terrorist activities
6. Freedom to practice any profession or to carry on any occupation, trade or business(f) Should be peaceful and participants should not carry any weapon.
  • Protection in respect of conviction for offences:
    • No one can be convicted for an act that was not an offence at the time of its commission
    • No one can be prosecuted and punished for the same offence more than once
  • Protection of life and personal liberty: No one can be deprived of his or her life or personal liberty except according to the procedure established by law.
  • Protection against arrest and detention in certain cases: The arrested person must be produced before the nearest magistrate within 24 hours of such an arrest

Right to Education (RTE)

The Right to Education is added by introducing a new Article 21A by the 86th Constitutional Amendment.

Right Against Exploitation

  • The citizens have been guaranteed the right against exploitation through Articles 23 and 24 of the Constitution.
  • Prohibition of traffic in human beings and forced labour: Traffic in human beings and begar and other similar forms of forced labour are prohibited
  • Prohibition of employment of children in factories, etc. No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.

Right to Freedom of Religion

  • The Constitution declares India as a ‘secular state’ .
  • Full freedom to all the citizens to have faith in any religion and to worship, the way they like.
  • The Right to freedom the Constitution makes 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, practice and propagate religion freely.
    • Religious practices like sacrificing animals or human beings, for offering to gods and goddesses or to some supernatural forces are not-permissible.
    • The State also has the power to regulate any economic, financial, political or other secular activities related to religion.
  • Freedom to manage religious affairs
    • To establish and maintain institutions for religious and charitable purposes;
    • To manage its own affairs in matters of religion;
    • To own and acquire movable and immovable property;
    • To administer such property in accordance with the law.
  • Freedom as to the payment of taxes for promotion of any particular religion
  • Freedom as to attendance at religious instruction or religious worship in certain educational institutions:

Cultural and Educational Rights

  • In Articles 29 - 30, two major provisions have been made
    • Protection of interests of minorities: Any minority group having a distinct language, script or culture of its own shall have the right to conserve the same.
    • Right of minorities to establish and administer educational institutions

Right to Constitutional Remedies

  • The Constitution provides legal remedies for the protection of our Fundamental Rights.
  • When any of the rights are violated, justice through courts can be granted.

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