Chapter 2 Liberty and Rights
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Project on Liberty and Rights
Liberty and rights in India have evolved significantly over
time, influenced by the country's history, cultural diversity, and
constitutional framework. Here’s a detailed explanation of liberty and rights
in India:
Historical
Context
1. Ancient and Medieval India: In ancient India, the concept
of dharma (moral duty) governed social and individual behavior, contributing to
a society where duties often outweighed individual rights. During medieval
times, various rulers and empires, such as the Mauryas, Guptas, and Mughals,
had their own systems of governance that influenced the notions of liberty and
rights, often shaped by religious and cultural norms.
2. Colonial Period: The British colonial period
(1757-1947) significantly impacted the evolution of liberty and rights in
India. Colonial rule imposed a foreign legal and administrative system that
often curtailed freedoms and rights. However, it also led to the emergence of a
nationalist movement that championed individual liberties and rights.
Post-Independence:
Constitutional Framework
With independence in 1947, India adopted a democratic
framework, and the Constitution of India, which came into effect on January 26,
1950, laid the foundation for liberty and rights in the country. Key features
include:
1. Fundamental Rights: Part III of the Indian
Constitution guarantees fundamental rights to all citizens. These rights are
enforceable by the courts and include:
2 Right to Equality (Articles 14-18): Prohibits discrimination on
various grounds and ensures equality before the law.
3 Right to Freedom (Articles 19-22):
Includes freedom of speech and expression, assembly, association, movement,
residence, and profession.
4 Right against Exploitation (Articles
23-24): Prohibits human trafficking, forced labor, and child labor.
5 Right to Freedom of Religion (Articles
25-28): Ensures freedom of conscience and free profession, practice,
and propagation of religion.
6 Cultural and Educational Rights
(Articles 29-30): Protects the rights of cultural, religious, and
linguistic minorities to preserve their heritage and establish educational
institutions.
7 Right to Constitutional Remedies
(Article 32): Allows individuals to move the Supreme Court to
enforce their fundamental rights.
2. Directive Principles of State Policy: Part IV of the Constitution
outlines the Directive Principles, which are non-justiciable guidelines for the
state to promote social and economic welfare, aiming to create conditions where
citizens can enjoy their rights more fully.
Legal and
Judicial Safeguards
1. Judiciary: The Indian judiciary plays a
crucial role in safeguarding liberty and rights. The Supreme Court and High
Courts have the power to interpret the Constitution and strike down laws that
violate fundamental rights. Landmark judgments, such as those in the cases of
Kesavananda Bharati v. State of Kerala and Maneka Gandhi v. Union of India,
have expanded the scope of fundamental rights and the concept of personal
liberty.
2. Legislative Measures: Various laws have been enacted
to protect and promote liberty and rights, such as the Right to Information Act
(2005), which empowers citizens to access information held by public
authorities, and the Protection of Human Rights Act (1993), which established
the National Human Rights Commission.
Contemporary
Challenges and Developments
Despite the robust constitutional framework, India faces
challenges in fully realizing liberty and rights for all its citizens. Issues
such as poverty, caste discrimination, gender inequality, and religious
intolerance continue to pose obstacles. However, there have been significant
strides in addressing these issues through legal reforms, social movements, and
increased public awareness.
1. Women's Rights: Legislative
measures such as the Domestic Violence Act (2005) and amendments to the Hindu
Succession Act have aimed to improve gender equality. Social movements and
judicial interventions continue to push for greater protections against
gender-based violence and discrimination.
2. Minority Rights: Efforts to
protect the rights of religious and linguistic minorities are ongoing, with
legal protections and affirmative action policies in place. However, communal
tensions and violence remain areas of concern.
3. LGBTQ+ Rights: Significant
progress has been made, particularly with the decriminalization of
homosexuality in 2018 (Navtej Singh Johar v. Union of India) and the
recognition of transgender rights.
In summary, liberty and rights in India are enshrined in a comprehensive constitutional framework that aims to protect individual freedoms and promote social justice. While significant progress has been made, ongoing challenges require continuous efforts to ensure that all citizens can fully enjoy their rights and liberties.