Rights available to citizens of India
Every human possess certain rights by virtue of being humans.
It has been recognized by Indian judiciary that without rights, humans will be mere animal
existence.
From ancient time to modern India, Indian society has granted certain existential rights to
all persons. From the pre- vedic period to post vedic period, people were spruced up with
rights in order to create peace and harmony in the society as shown by ancient texts such as
Manusmriti. When Mughals invaded India, they also tried to observe and recognize certain
rights to people. With the arrival if britishers, Indian people were highly disgraced and
looted and their rights were almost gone.
It is after Independence that human rights are awarded to citizens through Constitution of
India and other legislations. The judiciary has played an important role in recognizing
rights possessed by citizens of India.
Kinds of Rights :
- Constitutional Rights
- Fundamental Rights
- Statutory Rights
- Human Rights
- Legal Rights
Menaka Gandhi vs Union of India, 1978 SC
The court held that Fundamental Rights represents basic values cherished by the people of this country since vedic time. They impose negative obligations on state.
Rights available to citizens : Overview
- Right to Equality
- Right to Freedom
- Right against exploitation
- Right to freedom of religion
- Cultural and educational rights
- Right to constitutional remedies
- Equality before law and equal protection of law
- Prohibition of discrimination on the ground of religion, race,cast, sex or place of birth
- Equality of opportunity in public employment
- Abolition of untouchability
- Abolition of titles
- Freedom of speech and expression
- Freedom of assembly
- Freedom to form associations or unions or cooperative society
- Freedom of movement
- Freedom to residence and settle
- Freedom of profession, trade and business
- Protection in respect of conviction for offences
- Right against self incrimination
- Protection of life and liberty
- Right to live with human dignity
- Right to livelihood
- Right to shelter
- Right to privacy
- Right of a woman to produce child or refuse
- Right to health and medical assistant
- Right to get pollution free environment
- Right to free education up to 14 years
- Right to free legal aid
- Right to speedy trial
- Right against inhuman treatment
- Right against delayed execution
- Right to travel abroad
- Right against bonded labour
- Right against the sexual harassment
- Right to fair trial
- Right of necessity of life
- Right against public hanging
- Right to hearing
- Right to Information
- Right to reputation
- Right to Education
- Prohibition of traffic in human beings and force labour
- Prohibition of employment of child and factory
- Freedom of religion
- Right to practice, manage or profess religion
- Protection of interest of minorities
- Cultural and Educational rights
M Nagraj vs. Union of India, 2006 SC
The Supreme Court held that individuals possess basic human rights independently of the constitution by reason of basic fact that they are the human race.
Kesavananda Bharti vs State of Kerala, 1973 SC
The Supreme Court of India in its landmark judgement gave the basic structure doctrine. The
court held that constitution can be amended however it should not violate the basic
structure of Indian Constitution.
