Enforceability of Fundamental Rights against state and others
Under Indian Consititution, All the Fundamental Rights are available against the ‘State’ but only 4 fundamental Rights are available against both State as well as against Private Individual.
These Fundamental Rights are :
- ARTICLE 15(2) – Provides that No citizen shall be subject to any kind of discrimination on the basis of his race, religion, place of birth or caste etc. It is available against every individual it means, if anyone does any kind of discrimination on the basis on any of the above mentioned ground, then he shall be liable for punishment.
- Article 17 – Talks about Abolition of Untouchability. It devises that anyone practicing Untouchability shall be punished.
- Article 23 – Prohibits trafficking of humans and forced labour.
- Article 24 – Prohibits EMPLOYMENT of children in factories amd hazardous place.
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Fundamental rights are the basic rights and freedoms that are guaranteed to all citizens of a country by the constitution. They are essential for the protection of individual Liberty and the promotion of Democracy.
In India, fundamental rights are guaranteed by the Constitution of India. The Constitution lists six fundamental rights: right to Equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, and right to constitutional remedies.
Fundamental rights are enforceable against the state and others. This means that if a person’s fundamental rights are violated, they can file a case in court and seek redress.
Enforcement of Fundamental Rights
Fundamental rights can be enforced in two ways:
- Through a Writ Petition
- Through a complaint
A writ petition is a type of legal action that can be filed in the High Court or The Supreme Court. A complaint is a type of legal action that can be filed in a lower court.
To file a writ petition, the person must first exhaust all other available remedies. This means that they must first try to resolve the issue through other means, such as negotiation or mediation. If these efforts are unsuccessful, then they can file a writ petition.
To file a complaint, the person does not need to exhaust all other available remedies. They can file a complaint directly in a lower court.
Remedies for Violation of Fundamental Rights
If a person’s fundamental rights are violated, they can seek redress in court. The court can order the state or other person to stop the violation and to provide compensation to the victim.
The court can also order the state or other person to take steps to prevent future violations of fundamental rights.
Conclusion
Fundamental rights are essential for the protection of individual liberty and the promotion of democracy. They are enforceable against the state and others. If a person’s fundamental rights are violated, they can seek redress in court.
Here are some examples of how fundamental rights have been enforced in India:
- In the case of Maneka Gandhi v. Union of India, the Supreme Court held that the right to travel abroad is a fundamental right.
- In the case of Indra Sawhney v. Union of India, the Supreme Court upheld the constitutionality of the Mandal Commission report, which recommended affirmative action for Other Backward Classes (OBCs).
- In the case of Navtej Singh Johar v. Union of India, the Supreme Court decriminalized homosexuality.
These are just a few examples of how fundamental rights have been enforced in India. The Supreme Court has played a vital role in protecting and promoting fundamental rights in India.
What are fundamental rights?
Fundamental rights are the basic rights and freedoms that are essential to a person’s dignity and well-being. They are guaranteed by the Constitution of India and cannot be taken away by the government.
What are the different types of fundamental rights?
The fundamental rights guaranteed by the Constitution of India are:
- Right to equality
- Right to freedom
- Right against exploitation
- Right to freedom of religion
- Cultural and educational rights
- Right to constitutional remedies
How can fundamental rights be enforced?
Fundamental rights can be enforced through the courts. If a person believes that their fundamental rights have been violated, they can file a petition in the Supreme Court or a High Court. The court can then issue an order to the government or other authority to protect the person’s rights.
What are some examples of cases where fundamental rights have been enforced?
Some examples of cases where fundamental rights have been enforced include:
- The case of Maneka Gandhi, in which the Supreme Court held that the right to travel abroad is a fundamental right.
- The case of Kesavananda Bharati, in which the Supreme Court held that the basic structure of the Constitution cannot be amended.
- The case of Indra Sawhney, in which the Supreme Court upheld the validity of the Mandal Commission report, which recommended reservations for Other Backward Classes in government jobs and educational institutions.
What are some challenges to the enforcement of fundamental rights?
Some challenges to the enforcement of fundamental rights include:
- The lack of awareness about fundamental rights among the people.
- The lack of Resources and Infrastructure-2/”>INFRASTRUCTURE to enforce fundamental rights.
- The lack of political will to protect fundamental rights.
What can be done to address the challenges to the enforcement of fundamental rights?
Some things that can be done to address the challenges to the enforcement of fundamental rights include:
- Increasing awareness about fundamental rights among the people.
- Providing more resources and infrastructure to enforce fundamental rights.
- Increasing political will to protect fundamental rights.
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