Human RightsAdvocate Tanwar

India, the world’s largest democracy, rests on a foundation of rights that guarantee individual freedom, dignity, and justice. These rights are not mere promises; they are enforceable guarantees enshrined in the Constitution of India. As citizens, understanding these rights is not just empowering it is essential.

Constitutional Framework of Citizens’ Rights

The rights of Indian citizens are primarily derived from the Constitution of India, particularly under Part III (Fundamental Rights) and Part IV (Directive Principles of State Policy). While fundamental rights are justiciable, meaning one can approach courts if these are violated, directive principles guide the State in governance and policymaking but are not enforceable in courts.

Fundamental Rights: The Core Guarantees

The Indian Constitution confers six broad categories of fundamental rights under Articles 12 to 35. Each of these reflects the values of liberty, equality, and justice.

1. Right to Equality (Articles 14–18)

This right ensures that the State treats all citizens equally without discrimination.

  • Article 14 guarantees equality before the law and equal protection of the laws.
  • Article 15 prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
  • Article 16 provides equal opportunity in matters of public employment.
  • Article 17 abolishes untouchability in all forms.
  • Article 18 prohibits the State from conferring titles (except military or academic distinctions).

This right is foundational for a secular, democratic India. Landmark rulings like Indra Sawhney v. Union of India (1992) interpret and balance equality with affirmative action through reservations.

2. Right to Freedom (Articles 19–22)

This set of rights provides the basis for democratic participation and personal liberty.

  • Article 19 ensures freedoms like:
    • Speech and expression
    • Assembly
    • Association
    • Movement
    • Residence
    • Profession or occupation

These freedoms are not absolute. For instance, freedom of speech can be restricted in the interest of public order, morality, or national security.

  • Article 20 protects against:
    • Ex-post facto laws
    • Double jeopardy
    • Self-incrimination
  • Article 21, one of the most interpreted articles, guarantees protection of life and personal liberty. It has been expansively interpreted to include:
    • Right to privacy (Justice K.S. Puttaswamy v. Union of India, 2017)
    • Right to a clean environment
    • Right to legal aid
    • Right to die with dignity (Common Cause v. Union of India, 2018)
  • Article 22 provides protection against arbitrary arrest and detention, especially preventive detention.

3. Right Against Exploitation (Articles 23–24)

This protects citizens from modern forms of slavery and child labor.

  • Article 23 prohibits human trafficking and forced labour.
  • Article 24 forbids employment of children below 14 years in factories, mines, or hazardous occupations.

Despite these provisions, challenges persist due to poverty and inadequate enforcement.

4. Right to Freedom of Religion (Articles 25–28)

India upholds secularism by ensuring religious freedom to all.

  • Article 25 allows individuals to freely profess, practice, and propagate religion.
  • Article 26 guarantees religious denominations the right to manage their own affairs.
  • Article 27 prohibits compulsion in paying taxes for promoting any religion.
  • Article 28 restricts religious instruction in State-funded institutions.

However, religious freedom is subject to public order, morality, and health. Debates around conversions, temple entry, and hijab bans have tested this right in courts and public discourse.

5. Cultural and Educational Rights (Articles 29–30)

These protect the rights of minorities (religious or linguistic).

  • Article 29 safeguards the right of any section of citizens to conserve their language, script, or culture.
  • Article 30 allows minorities to establish and administer their own educational institutions.

This ensures cultural diversity in India’s federal structure, a hallmark of its pluralism.

6. Right to Constitutional Remedies (Article 32)

Dr. B.R. Ambedkar called Article 32 the “heart and soul” of the Constitution.

It empowers citizens to approach the Supreme Court directly for the enforcement of their fundamental rights. The court can issue writs like habeas corpus, mandamus, prohibition, quo warranto, and certiorari.

It gives legal teeth to the Constitution. A similar power is available in High Courts under Article 226, though it extends beyond fundamental rights.

Directive Principles and Other Legal Rights

Though not enforceable in courts, Directive Principles (Part IV) aim to establish social and economic democracy. These include:

  • Equal pay for equal work
  • Free legal aid
  • Right to work and education
  • Public health care
  • Protection of the environment

Moreover, Part IVA of the Constitution outlines Fundamental Duties, reminding citizens of their role in strengthening democracy.

Statutory Rights: Beyond the Constitution

Several rights also arise from statutes enacted by Parliament and State Legislatures:

  • Right to Information (RTI) Act, 2005: Empowers citizens to seek information from public authorities.
  • Consumer Protection Act, 2019: Protects consumer rights against unfair trade practices.
  • Protection of Women from Domestic Violence Act, 2005: Ensures safety of women from abuse within the household.
  • Right of Children to Free and Compulsory Education Act, 2009: Guarantees free education to children aged 6–14 years.
  • Rights of Persons with Disabilities Act, 2016: Mandates accessibility and non-discrimination in employment and public life.

These rights play a pivotal role in the day-to-day life of Indian citizens.

Citizens vs. Non-Citizens: What’s the Difference?

Some fundamental rights are available to all persons (citizens and foreigners), such as:

  • Articles 14 (Equality before law)
  • 20 and 21 (Protection in criminal matters)
  • 22 (Safeguards against arbitrary arrest)

But rights like freedom of speech, assembly, association, and cultural and educational rights are exclusive to Indian citizens.

Enforcement: Role of Judiciary and Institutions

India’s judiciary especially the Supreme Court and High Courts has actively protected citizens’ rights. Through Public Interest Litigation (PIL), the courts have expanded rights to the voiceless, including:

  • Slum dwellers
  • Prisoners
  • Tribals
  • LGBTQ+ persons
  • Transgenders (NALSA v. Union of India, 2014)

Institutions like the National Human Rights Commission (NHRC) and State Human Rights Commissions also play a key role in protecting rights against State excesses.

Evolving Nature of Rights

Rights are not static. Courts and legislatures continuously reinterpret and redefine them in response to societal changes. For instance:

  • Right to internet access was declared part of freedom of speech (Faheema Shirin v. State of Kerala, 2019).
  • Right to privacy was read into Article 21, reshaping surveillance and data protection debates.

Similarly, issues around digital rights, AI, climate change, and bioethics may soon redefine what rights mean in a 21st-century democracy.

Conclusion: Rights with Responsibilities

While Indian citizens are richly endowed with rights, they come with a mirror of responsibilities to respect the Constitution, uphold sovereignty, and promote harmony. As the Supreme Court observed, “The rights of one citizen cannot override the rights of another.”

To truly realize the spirit of the Constitution, citizens must remain vigilant, informed, and participatory. Rights are not merely tools for legal redress but instruments of human dignity and democratic freedom.CONTRIBUTED BY : ANSHU (INTERN)