Social Sciences, asked by ahalya13, 1 year ago

Hi 9th mates,
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How do you enjoy the fundamental rights in your life

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Answered by nashabhi612
4

Fundamental Rights are enshrined in the Constitution of India which ensure the rights of citizens against arbitrary actions of the government and its machinery.


Unfortunately, over the past few years, there have been several instances where the government of the day has been accused of violating the fundamental rights of citizens. For example, arrest of cartoonist Aseem Trivedi on sedition charges for allegedly insulting the national symbols and the arrest of two girls in Mumbai for posting on the bandh in connection with Bal Thackeray’s funeral. These incidences show that it is important for us to understand our rights and, most importantly, know when our fundamental rights are being violated.


While the complete list of rights can be read on Wikipedia, below mentioned are some which can be very useful for us in our daily lives:


1. Right to propagate ones views as well as the views of others


2. Right against bandh called by political parties


3. Freedom of silence


4. Right to demonstrate or picket but NOT to strike.


5. Right to assemble peacefully and without arms


6. Right to form an association or union and also right to NOT join an association or union.


7. Right to move freely throughout the country


8. Right to practice any profession


9. No person shall be convicted of the same offence twice


10. No person accused of any offence shall be compelled to be a witness against himself. Material objects, thumb impression, blood specimen have to be given but no documentary or oral evidence should be asked for.


11. Right to decent environment including pollution free air and water.


12. Right to free legal support


13. Right against handcuffing


14. Right to reputation


15. Right to fair trial


16. If arrested under ordinary law: right to be informed of grounds of arrest, right to be produced before magistrate in 24 hours and right to be released within 24 hours unless magistrate calls for further detention.


Also, empowerment of citizens can be a reality only when the rights can be materialized. That is, we know what to do when our rights have been violated.


Article 32 of the Indian Constitution has designated Supreme Court as the guardian of our Fundamental Rights. Therefore, a citizen whose rights have been infringed can directly approach the Supreme Court for justice. It is only for Fundamental rights alone that Supreme Court can be directly approached which only shows the kind of importance our Constitution gives to the rights.


Today, there are numerous NGOs and activists who are working towards securing the rights of aggrieved citizens. Therefore, anyone, who feels hesitant in moving the courts, can approach them and through their cooperation ensure justice for themselves.


As we can see, the infrastructure for securing the rights of the citizen is in its correct place. Now, the onus is on us, to be aware and to empower ourselves by the powers vested us by our constitution.


Thank You.


nashabhi612: Necessary features of Fundamental Rights are as follows:

Fundamental Rights are an indispensable part of our Constitution. Twenty-four articles are enjoined with these Fundamental Rights. Parliament can amend Fundamental Rights by a special procedure.

Fundamental Rights are only for Indian citizens. No alien is permitted to enjoy these rights except right to life, liberty and personal property.
nashabhi612: Fundamental Rights are not absolute. Therefore within some reasonable restrictions citizens can enjoy them. Fundamental Rights without prescribed conditions may disrupt public order.

Fundamental Rights are suspend able during the time of emergency and rights of the citizen are curtailed temporarily except right to life and personal liberty
nashabhi612: Fundamental Rights are justifiable also. A citizen can go to the court for enforcement of his Fundamental Rights if some one violates them. Under Article 32 and Article 226 of the Indian Constitution, a citizen can approach the Supreme Court and High Court respectively in this regard.
Fundamental Rights are amendable also. Parliament can amend these rights by a special procedure.
nashabhi612: Some Fundamental Rights are positive while some others are negative in nature.

Fundamental Rights aim at restoring collective interest along with individual interest.

Fundamental Rights are superior to ordinary law of the land. They are conferred a special sanctity.
nashabhi612: Some Fundamental Rights are limited to citizens only, such as freedom of speech, assembly, and cultural and educational rights, but other rights like equality before the law, religious freedom etc are available to both citizens and aliens
nashabhi612: Some provisions of Chapter-III of the Indian Constitution are of the nature of prohibitions and place Constitutional limitations on the authority of the state. For instance, no authority of the state can deny to any person equality before the law or the equal protection of the laws.
nashabhi612: is it enough
ahalya13: thanks
ahalya13: i like ir responsibility
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