The Backbone of Democracy: Enforcing Fundamental Rights 1300 Words
Fundamental rights are the very foundation for any democratic society. These rights include liberty, equality, and justice. Most of these rights are usually entrenched in the country’s constitution, hence protecting the citizen from interference regarding enjoying their freedoms and dignity. This puts Fundamental Rights under Part III of the Indian Constitution of great value to both protection and advancement of individual rights against State or private action. The problem, as stated above however is a matter of paramount significance because enforceability is what makes effectiveness depend upon it. This article moves beyond machinery and details the challenges and the growing nature of Fundamental Rights, which are quite significant in an Indian perspective.
The Constitutional Framework for Enforceability
Declaratory alone, the Fundamental Rights of India are of a justiciable nature; that is to say, a person can bring courts for the enforcement of the same basis, given by Article 32 and Article 226 of the Indian Constitution itself.
Article 32 It is also referred to as the ‘Right to Constitutional Remedies’ as it vests the power to the individuals to directly approach the Supreme Court in case of violation of Fundamental Rights. Dr. B.R. Ambedkar, one of the primary draftsmen of the Indian Constitution, referred to this article as the ‘heart and soul’ of the Constitution, which provides a strong mechanism for the protection of rights.
Article 226 It vests the power to the High Court to issue the writs in cases falling under Fundamental Rights as also other rights available in the laws. The area of operation of a High Court is larger when compared with that of Supreme Court regarding powers envisaged for Article 32.
These provisions give citizens the remedy of writs-habeas corpus, mandamus, prohibition, quo warranto, and certiorari-so that the courts could work in cases of violation of rights quickly.
Categories of Fundamental Rights
The Fundamental Rights placed in six broad heads by the Constitution of India are as follows:-
Right to Equality (Articles 14–18):-
The rights provide equal opportunity, protection against any action taken on discriminatory ground, and abolish titles and untouchability.
Right to Freedom (Articles 19–22):-
The provisions have given freedom of speech, assembly, association, movement, residence, and occupation which can reasonably be subjected to some limitation.
Right against Exploitation (Articles 23–24):-
They banned the trade in human beings and labour by children for hazardous industries.
Right to Freedom of Religion (Articles 25–28):-
It has the provisions that give rights about freedom of religion, to manage religious affairs, and protection against taxes for religion’s promotion.
Cultural and Educational Rights (Articles 29-30):-
The article guarantees the rights of minorities to maintain their culture, language, and institutions of education.
Right to Constitutional Remedies (Article 32):-
As above, provides for procedure for enforcement of all Fundamental Rights.
Judicial Interpretation and Extension
It served an illuminating function as it expanded the scope of Fundamental Rights. Dynamic interpretation conferred by courts enforced established rights while introducing new areas of freedom and equality. Some of the landmark judgments are:-
Kesavananda Bharati v. State of Kerala (1973):-
The case propounded the ‘basic structure doctrine,’ which says that Fundamental Rights are an integral and sacred part of the Constitution.
Maneka Gandhi v. Union of India (1978):-
Even on Article 21, which was stretched to extreme limits, so that as wide as the right of life and personal liberty the right could be, to make no procedure arbitrary nor could be unreasonable.
Vishaka v. State of Rajasthan, (1997):-
the Court, while dealing with this case established guidelines as to sexual harassment at workplace with a relation to gender equality and dignity under Articles 14, 19, and 21.
Navtej Singh Johar v. Union of India 2018) the court de-criminalized Section 377 of the IPC, reiterated that the LGBTQ+ community enjoyed the right to equality and non-discrimination.
Mechanism for Implementation of Fundamental Rights
Judicial remedies are the bare minimum; they are necessary but insufficient. The Fundamental Rights will have to be implemented in multiple stakeholder and multiple mechanism structures.
Judicial Activism:-
Courts’ PILs have worried the widespread violation cutting across all marginalized groups. That is, it has democratized access to justice by making it possible for individuals or groups to represent public causes.
National and State Human Rights Commissions:-
They investigate the violation of rights and make suggestions on measures to establish accountability.
Civil Society and Media:-
A large number of violations come before people’s courts due to the active roles of organizations such as Human Rights Groups and Media houses by advocating for human rights, by journalists raising voices.
Even though there are Constitutional provisions, most of the laws also provide for the Right to Information Act, 2005 and Protection of Women from Domestic Violence Act, 2005, among other enactments in the Statute Books.
Judicial Overburden:-
Indian courts tend to face an overwhelming pendency volume of cases, resulting in precious time being lost in rendering judgments.
State Obstruction:-
In most instances, State actions or policies directly conflict with Fundamental Rights and thus often require extended legal processes.
Lack of Awareness:-
The substantial percentage of people who come under the deprived sections do not have or have only little knowledge of rights and redressal available under law.
Economic and Social Barriers:-
Legal procedure is more expensive and intimidating and thus deters people from approaching courts.
Abuse of Laws:-
Many laws and administrative measures, like sedition laws, have been misused to suppress dissent and become a check on Fundamental Rights.
The Way Forward
For making Fundamental Rights more effective, the following could be done:-
Judicial infrastructure must be strengthened by providing more courts, judges, and even technology to expedite redressal of cases.
Legal literacy can be upgraded by such awareness drives and education regarding rights and remedies.
There must be a culture of responsibility towards respect for others’ rights as well as safeguarding one’s rights.
There must be periodic reviews of restrictive laws so that they may be brought into line with constitutional values.
Promotion of Alternative Dispute Resolution Methods like mediation and arbitration may afford faster redress in some cases.
International Comparisons and Insights
At times, India’s pattern of Fundamental Rights is compared with other democracies:-
United States:-
The Bill of Rights constitutes a form of limits to state power and the courts have a role of interpretation and enforcing the same.
South Africa:-
This post-apartheid constitution boasts of having an extremely elaborate Bill of Rights with great emphasis on socio-economic rights.
United Kingdom:-
No written constitution. However, the Human Rights Act, 1998, is a charter of rights under the European Convention on Human Rights, which is enforceable.
From these systems, India has much to learn, notably in remedies and placing socio-economic rights within the umbrella of enforceable guarantees.
Conclusion
One sign of the workability of a democracy would be its capability to enforce Fundamental Rights. And although the Indian Constitution undoubtedly provides an excellent framework, it is the facticity of these rights which should be constantly worked for and kept alert. It requires a convergence of efforts by courts, civil society, and the institution of governance so that Fundamental Rights become living realities rather than only theoretical constructs for all citizens. Meeting systemic challenges as well as new approaches, India shall be able to follow up on ideals that have characterized its constitutional ethos, like justice, equality, and liberty.
Also Read :- The Indian Constitution and the Basic Structure Doctrine: Defending Democracy and Justice 1200 Words