Fundamental Rights: Right to Freedom and Right to Equality
Fundamental rights are those essential human rights which are offered to every citizen irrespective of caste, race, creed, place of birth, religion, or gender. These are equal to freedoms and these rights are essential for personal good and the society at large. Fundamental rights are classified into six categories.
- Right to Equality
- Right to Freedom
- Right against Exploitation
- Right to freedom against religion
- Right to cultural and educational rights
- Right to constitutional remedies
Earlier, Right to property was also present among Fundamental rights to the citizens of India but was abolished later. All these rights are important, however, as per UGC-NET syllabus, Right to Freedom and Equality are included.
RIGHTS TO EQUALITY
Right to Equality of Fundamental rights has been stated in 5 different articles (14-18).
- EQUALITY BEFORE LAW:- Article 14 of the constitution guarantees that all citizens shall be equally protected by the laws of the country
- SOCIAL EQUALITY AND EQUAL ACCESS TO PUBLIC AREAS:- Article 15 of the constitution states that no person shall be discriminated on the basis of caste, colour, language, etc. every person shall have equal access to public places like public parks, museums, wells bathing ghats and temple, etc. However, the state may make any special provision for women and children.
- EQUALITY IN MATTERS OF PUBLIC EMPLOYMENT:– Article 16 of the constitution lays down that the state cannot discriminate against anyone in the matters of employment. all citizens can apply for government jobs.
- ABOLITION OF UNTOUCHABILITY:- Article 17 of the constitution abolishes the practice of untouchability. the practice of untouchability is an offence and anyone doing so is punishable by law.
- ABOLITION OF TITLES:- Article 18 of the constitution prohibited the state from conferring any titles. citizens of India cannot accept titles from a foreign state.
RIGHT TO FREEDOM
Right to freedom is the most important of the fundamental rights as it is helpful in making democracy successful in the country. It is classified into four articles (19-22).
Article 19 gives 6 fundamental freedoms to the citizens.
- FREEDOM OF SPEECH AND EXPRESSION:- It enables an individual to participate in public activities. the phrase, “freedom of the press” has not been used in articles 19, but freedom of expression includes freedom of the press.
- FREEDOM TO ASSEMBLE PEACEFULLY WITHOUT ARMS:- On which the state can impose reasonable restrictions in the interest of public order and the sovereignty integrity of India.
- FREEDOM TO FORM ASSOCIATIONS OR UNIONS:- On which the state can impose reasonable restrictions on this freedom in the interest of public order, morality and sovereignty and integrity.
- FREEDOM TO MOVE FREELY THROUGHOUT THE TERRITORY OF INDIA:- Though reasonable restrictions can be imposed on this right in the interest of the public, for example, a restriction may be imposed on movement and travelling so as to control epidemics.
- FREEDOM TO RESIDE AND SETTLE IN ANY PART OF THE TERRITORY OF INDIA:- This also subjects to reasonable restrictions by the state in the interest of the general public or for the protection of the schedule tribes because certain safeguards as are envisaged here seem to be justified to protect indigenously and tribal peoples from exploitation and coercion.
- FREEDOM TO PRACTICE ANY PROFESSION OR TO CARRY ON ANY OCCUPATION, TRADE OR BUSINESS:- On which the state may impose reasonable restrictions in the interest of the general public. thus there is no right to carry on a business that is dangerous or immoral.
This article is one of the pillars of fundamental rights guaranteed by the constitution of India. It mainly deals with the protection of certain rights in case of conviction for offences. when in individuals as well as corporations are accused of crimes, the provisions of article 20 safeguard.
This article states that no person shall be deprived of his life or personal liberty except according to the procedure established by law.
Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each state, of the economic, social and cultural rights indispensable for his dignity and the free.
Fundamental Rights must be equally for everyone in all aspects. However, we have seen many violations of human rights in different parts of the world which have been neglected constantly.
To make sure these fundamental rights are equally followed, we must work on ourselves first and must respect everyone’s right.