Basic Rights of Fundamental: Issues and Problems 1300 Words
Introduction
Basic rights make the back bone of a democratic society, providing free and equal relation to its governments on basic essentials. The simplest inclusion of basic rights in any country’s constitution brings to the dignity, equality, and justice. The term ‘Basic Rights’ is defined under Part III of the Indian constitution. These include rights as: equality, freedom of speech, protection against exploitation, religious freedom, etc. and constitutional remedies. However, their implementation and realization are met with various challenges which raise the question of their universality and accessibility.
Basic Human Rights
Basic human rights give fundamental rights to the citizens that would make liberty and growth both, individual and collective. It is made justiciable in India; it means the person can go to the court seeking redress against its infringement. They are under six general heads:-
Right to Equality (Articles 14-18):-
No person shall be discriminated on grounds of religion, race, caste, sex, or place of birth.
Right to Freedom (Articles 19-22):-
Speech, expression, assembly, association, movement, and personal liberty are incorporated.
Right against Exploitation (Articles 23-24):-
Human trafficking, forced labour, and employment in hazardous industries of children in factories are strictly prohibited.
Right to Freedom of Religion (Articles 25-28):-
It provides religious freedom and preserves the secular character of the State.
Cultural and Educational Rights (Articles 29-30):-
The rights of the minorities have been protected concerning the preservation of their culture and setting up educational institutions of their choice.
Right to Constitutional Remedies (Article 32):-
It enables citizens to come to the Supreme Court or High Courts for redressing grievances for making Fundamental Rights effective.
All these rights depict an egalitarian society; yet, institutional, socio-economic, as well as political limitations have created barriers to their realization.
Problems in the Exercise of Fundamental Rights
Socio-economic Cleavages:-
Fundamental rights have been denied despite the constitution conferring it because of deep socio-economic cleavages. The victims were the sections of society- Dalits, Adivasis, and women-whose systemic discrimination deprived them of education, medical facilities, and employment avenues. Economic inequality alienates the divide between ideal constitutional rights and ground reality.
Misuse of Freedom of Speech:-
As bedrock principle, democracy has an all-time strong footing; however, democracy has made things much worse in actual use. Hate speech, fake news, and misinformation have spawned like weed through social media. About practices doing such widespread harm to communal amity, social media chills the space into opposition to an unbridled approach.
Judicial Backlogs:-
The judiciary plays a very significant role in protecting Fundamental Rights. However, a huge pendency of cases in Indian courts often delays justice. The maxim “Justice delayed is justice denied” points out the case of those whose rights are violated but remain unaddressed due to procedural delays.
State Overreach:-
It is with this erosion of basic rights and such that State surveillance has witnessed to their participation of arbitray curtalment of freedoms, even as measures such as the shutdown of Internet or other censorship and also a grave overdependence on the Preventive detention laws that include the National Security Act challenge one’s imagination on the balance between state’s security concerns and that individual liberties.
Unawareness:-
Most citizens in the countryside remain ignorant of their Fundamental Rights and redress available to them. Lack of knowledge also makes the citizens susceptible to oppression and exploitation, thereby trapping them in cycles of injustice and inequality.
Violations of Secularism:-
In the Indian context, it is in such a multi-religious society where freedom to practice religion as a person likes is put to test. Communal tensions, religious intolerance, and the politicization of religion are damaging to the secular fabric of the country so that harmonious coexistence between different communities may be jeopardized.
Child Labour and Human Trafficking:-
Constitutional protection and child labour – notwithstanding human trafficking also thrives due to socio-economic vulnerability coupled with non-stringent law enforcement and execution in terms of provisions from Child Labour (Prohibition and Regulation) Act, as well as Immoral Traffic (Prevention) Act.
Digital Privacy Issues:-
It has raised the question whether the digital age, data breaches, unauthorized surveillance, and weak data protection laws in the country pose a threat to the right to privacy declared by the Supreme Court in its judgment of Puttaswamy in 2017.
There is no robust legal framework that will protect the citizen’s personal information from misuse.
Environmental Challenges:-
Although not discussed in Part III, the right to a clean environment has been interpreted to be part of the right to life under Article 21. Rapid industrialization, deforestation, and pollution continue to threaten environmental sustainability and, by extension, Fundamental Rights.
Ineffective Enforcement Mechanisms:-
Above aside, effective institutions and mechanisms are needed by Fundamental Rights to be implemented. However, problems of police brutality and corruption and inefficiency in the administrative bodies often negate such rights.
Role of Judiciary in Protection of Fundamental Rights
The judiciary has played its role as the protector of Fundamental Rights by protecting and upholding them. It was in this very context that it was that in the case of Kesavananda Bharati, in the year 1973, there was created the doctrine of Basic Structure while the case of Maneka Gandhi broadened the scope of personal liberty in 1978.
The latest innovation of the judiciary has been through Public Interest Litigation (PIL). It has transformed into addressing systematic malfunctions and further social justice. However, judicial overreach and arbitrary decisions have marred its credibility.
Challenges Overcome
Socio-economic Equity:-
Policy interventions and affirmative action shall remove socio-economic disparities. Welfare schemes, quality education, and skill development shall empower marginalized sections.
Social Media Regulation:-
Free speech is abused, and there is a need for strict regulation of hate speech and misinformation in a manner that will not kill free expression. It can be developed by a balanced cooperative interaction of the government, companies of technology, and civil society.
Judicial Reforms:-
Judicial power can be made stronger by improvement in strength of judges, by the introduction of technology in the handling of the cases and motivation to the alternate mechanism of dispute resolution so that the pendency in the judiciary gets reduced. Expediency in the delivery of the justice process would ensure Fundamental Rights.
Strengthened accountability mechanism:-
There will be enhanced accountability of law enforcing and administrative agencies if there is a transparent body, and there is an independent oversight agency. Strengths would also come from anti-corruption agencies.
Legal Awareness Strengthening:-
Public awareness about Fundamental Rights and the relief available in courts might add force to people taking their grievance matters to courts for redressing. Grass-root level bodies and local self-governments may help do that work.
Environmental Sustainability:-
Stringent laws relating to environment issues with emphasis on sustainable development to be implemented with the objective of delivering security towards the rights of environment. Involvement of people along with decision making in case of an environmental issue helps bring accountability.
Omnibus Data Protection Laws:-
This calls for a good legal framework regarding data protection, sterner punishment at its breach to protect the digital privacy. Efforts made in the acquisition and storage of data by governing practice enhance the systems’ levels of trust realized.
Conclusion
Fundamental Rights must be established for the sake of a just, equitable, and democratic society. The problems in actual implementation being myriad, legal reforms and policy interventions have to be brought together to solve them. The state, professing its commitment to the principles of justice, liberty, equality, and fraternity will ensure that the promise of Fundamental Rights would be realized for all.
Also Read:- The Indian Constitution: Breaking Down Parts, Articles, and Schedules 1100 Words