Fundamental Rights under the Indian Constitution 1949

From the Universal Declaration of Human Rights 1948, and earlier norms, rights have been a subject of national and international interest.

Fundamental Rights are simply inalienable rights that a person enjoys for just the fact of being human. Every human being is entitled to and should be recognized as having these rights.

Human rights, being an important aspect of many countries’ laws, are entrenched in their various constitutions. Fundamental Rights of Indians are entrenched in the Indian Constitution, 1949, by Article 13 (1)(2) of the constitution. They are elaborated upon from Article12-35.

Let’s now do a quick run through.

Fundamental Rights provided under the Indian Constitution 1949 are divided into about six categories, namely:

- Right to Equality(Article 14-18)

- Right to Freedom(Article 19-22)

- Right against Exploitation (Article 23-24)

- Right to Freedom of Religion (Article 25-28)

- Cultural and Educational Rights (Article 29-31)

- Right to Constitutional Remedies (Article 32-35)

Below are is a more elaborated list of what these rights are.

1. Equality before law (Article 14)

2. Prohibition of discrimination (Article 15)

3. Equality of opportunity in matters of public employment (Article 16)

4. Abolition of Untouchability (Article 17)

5. Abolition of titles (Article 18)

6. Right to freedom of speech and expression [Article 19 (1)(a)]

7. Right to assemble peaceably and without arms; [Article 19 (1)(b)]

8. Right to form associations or unions [or co-operative societies]. [Article 19(1)(c)]

9. Right to move freely throughout the territory of India; [Article 19 (1)(d)]

10. Right to reside and settle in any part of the territory of India. [Article 19 (1)(e)]

11. Right to practice any profession, or to carry on any occupation, trade or business. [Article 19 (1)(g)]

12. Protection in respect of conviction for offences. (Article 20)

13. Protection of life and personal liberty. (Article 21)

14. Right to education. (Article 21A)

15. Protection against arrest and detention in certain cases. (Article 22)

16. Prohibition of traffic in human beings and forced labour. (Article 23)

17. Prohibition of employment of children in factories, etc. (Article 24)

18. Freedom of conscience and free profession, practice and propagation of religion. (Article 25)

19. Freedom to manage religious affairs. (Article 26)

20. Freedom as to payment of taxes for promotion of any particular religion. (Article27)

21. Freedom --as to attendance at religious instruction or religious worship in certain educational institutions. (Article 28)

22. Protection of interests of minorities. (Article 29)

23. Right of minorities to establish and administer educational institutions. (Article 30)

24. Right to Constitutional Remedies. (Including writs like habeas corpus, mandamus, prohibition, quo warranto and certiorari.)

You might not be interested in knowing the numerous sections offhand, but you certainly should be concerned with knowing your rights. A denial of your fundamental right is a violation of the law. Moreover, according to Article 13 (2) of the Indian constitution, “the State shall not make any law which takes away or abridges the rights and any law made in contravention of this clause shall, to the extent of the contravention, be void.”

If your right is violated in any way by another person or even a member of a law enforcement agency, make sure to make your complaint known to the appropriate authority, or better still, contact a legal practitioner as soon as possible.  

References

- Indian Constitution, 1949

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Written by Inioluwa Olaposi, founder LawGlobal Hub.

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