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Fundamental Civil Rights in India: A Way Forward for Justice and Equality

Writer: The Law GurukulThe Law Gurukul

Introduction:

India, the largest democracy globally, has a rich history of advocating for freedoms and civil liberties. The Indian Constitution serves as the foundation for these rights, aiming to ensure justice, liberty, equality, and fraternity for every citizen. In India, civil rights encompass various freedoms that protect individuals from discrimination and promote their participation in the nation’s political, social, and economic domains.


Historical Background of Civil Rights in India:


  • Era of British Colonial Rule during British colonial rule in India, civil rights were often suppressed and denied to the Indian population. Indians faced discrimination, exploitation, and limited freedoms under the oppressive colonial regime.

  • Independence Movement and Civil Rights The Indian independence movement, led by visionaries such as Mahatma Gandhi and Jawaharlal Nehru, played a crucial role in advocating for civil rights and freedom from British colonial oppression. The struggle for independence also encompassed the fight for basic human rights and dignity for all Indians.


Role of the Judiciary in Safeguarding Civil Rights:

Significant Judicial Decisions Upholding Civil Rights. The Indian judiciary has played a pivotal role in safeguarding civil rights through landmark decisions that have strengthened constitutional protections and ensured justice for marginalized communities. Cases like Kesavananda Bharati v. State of Kerala have set important precedents for upholding civil liberties.


Civil rights available to every citizen:


  1. Right to life- Everyone has the right to live peacefully in a dignified manner. No person shall be deprived of his right to life and personal liberty except according to procedure established by law.


  2. Right to education- It is a law in India that guarantees free and compulsory education for children between the ages of 6 and 14.


  3. Right to profess the religion of your choice-  Its a fundamental human right that allows people to practice their religion without discrimination or coercion.


  4. Right to freedom of thought and expression- Everyone has the right to express their thoughts without being restrained.


  5. Freedom of Press- Everyone has the right to freedom of opinion and expression, this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.


  6. Right to freedom of movement- The right to freedom of movement includes the right to move freely within a country for those who are lawfully within the country, the right to leave any country and the right to enter a country of which you are a citizen.


  7. Right to privacy- It encompasses the right to control one's personal information, maintain confidentiality, and make autonomous decisions without interference. 


Important Points to Remember:


  1. Despite being essential, these rights are not unqualified. In the interest of national security, morality, and public order, reasonable limits can be put in place.


  1. By frequently rendering historic rulings that broaden the scope and application of fundamental rights, the Indian court plays a critical role in defending them.


  1. It's critical to recognize the distinction between human rights and fundamental rights. While fundamental rights are those granted exclusively to a nation's inhabitants, human rights are thought to be universal.


The foundation of Indian democracy is made up of these essential rights, which guarantee that every citizen has the chance to live in equality and dignity.


Protection against civil rights violation in India:

Whenever a right is violated, a proper remedy has to be available for the injury caused by it. To protect such rights Indian government came up with The Protection of Civil Rights Act, 1955. The Protection of Civil Rights Act, 1955 (PCR Act) was enacted to protect the civil rights of Dalits and punish the practice of untouchability. The Act was amended in 1976 and is implemented by state governments and union territory administrations. 


Key provisions of the Protection of Civil rights Act, 1955:


  1. Prohibits the practice of untouchability in any form.


  2. Punishes the enforcement of disabilities arising from untouchability.


  3. Prevents people from being denied entry to public places of worship. 


  4. Requires people with disabilities to be admitted to shops, restaurants, hotels, and other public places.


Prohibits people from being denied entry to hospitals, dispensaries, schools, and hostels.


Conclusion:

Civil rights are the bedrock of India's democratic fabric, ensuring that every individual can live with dignity, freedom, and equality. While challenges remain, the continued efforts of activists, legal frameworks, and the commitment of the citizenry are essential in safeguarding and promoting these rights. The journey towards a more just and equitable society is ongoing, and it is imperative to remain vigilant and proactive in defending civil rights for all.


Civil rights are more than just legal provisions; they are the essence of a democratic society that values its citizens and strives for equality and justice. As we celebrate the achievements and acknowledge the challenges, let us continue to work towards a future where every individual in India can fully enjoy their basic civil rights.


 
 
 

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