Fundamental Rights | Constitution of India

FUNDAMENTAL RIGHTS

Every Republic ensure rights to its civilians without any discrimation. These rights make a democratic state a republic. Republic on India also provide some rights to its civilians, and these rights never be violate even in the formation of new laws. Following are the fundamental rights: 

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General

12. Definition.
13. Laws inconsistent with or in derogation of the fundamental rights.

Right to Equality

14. Equality before law.
15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
16. Equality of opportunity in matters of public employment.
17. Abolition of Untouchability.
18. Abolition of titles.

Right to Freedom

19. Protection of certain rights regarding freedom of speech, etc.
20. Protection in respect of conviction for offences.
21. Protection of life and personal liberty.
21A. Right to education.
22. Protection against arrest and detention in certain cases.

Right against Exploitation

23. Prohibition of traffic in human beings and forced labour.
24. Prohibition of employment of children in factories, etc.

Right to Freedom of Religion

25. Freedom of conscience and free profession, practice and propagation of religion.
26. Freedom to manage religious affairs.
27. Freedom as to payment of taxes for promotion of any particular religion.
28. Freedom as to attendance at religious instruction or religious worship in certain educational institutions.

Cultural and Educational Rights

29. Protection of interests of minorities.
30. Right of minorities to establish and administer educational institutions.
31. [Repealed.]


Saving of Certain Laws
31A. Saving of Laws providing for acquisition of estates, etc.
31B. Validation of certain Acts and Regulations.
31C. Saving of laws giving effect to certain directive principles.
31D. [Repealed.]

Right to Constitutional Remedies

32. Remedies for enforcement of rights conferred by this Part.
32A. [Repealed.]
33. Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.
34. Restriction on rights conferred by this Part while martial law is in force in any area.
35. Legislation to give effect to the provisions of this Part.

Rights of an arrested person

Protection against arrest and detention

The Supreme Court has laid down guidelines that the police must follow at the time of arrest, detention and interrogation. The police are not allowed to torture or beat or shoot anyone during investigation. They cannot inflict any form of punishment on a person even for petty offences. 

Article 22 (protection against arrest and detention) of the Indian constitution and criminal law guarantee to every arrested person the following Fundamental Rights: 

• The Right to be informed at the time of arrest of the offence for which the person is being arrested. 
• The Right to be presented before a magistrate within 24 hours of arrest. 
• The Right not to be ill treated or tortured during arrest or in custody. 
• A person who is arrested cannot be denied to be defended by a legal practitioner of his choice. This means that the arrested person has right to hire a legal practitioner to defend himself/ herself.
• The custody of a detained person cannot be beyond the said period by the authority of magistrate and cannot be extended without magistrate permission.
• Article 22 (3) says that above clause doesn't apply on following:
• To any person who for the time being is an enemy alien; or
• To any person who is arrested or detained under any law providing for preventive detention.

The first condition above is justified, because when India is in war, the citizen of the enemy country may be arrested. But the second clause was not easy to justify by the constituent assembly.

• Confessions made in police custody cannot be used as evidence against the accused.     

Confessions made during police custody cannot be used as evidence against the accused? 

The Supreme Court of India has laid down specific requirements and procedures that the police and other agencies have to follow for the arrest, detention and interrogation of any person. These are known as the D.K. Basu Guidelines and some of these include: 

• The police officials who carry out the arrest or interrogation should wear clear, accurate and visible identification and name tags with their designations; 
• A memo of arrest should be prepared at the time of arrest and should include the time and date of arrest. It should also be attested by at least one witness who could include a family member of the person arrested. The arrest memo should be counter-signed by the person arrested. 
• The person arrested, detained or being interrogated has a right to inform a relative, friend or well-wisher. 
• When a friend or relative lives outside the district, the time, place of arrest and venue of custody must be notified by police within 8 to 12 hours after arrest.

References:

• GK today | Article 22 and preventive detention in india
• Legal Services India | Preventive Detention and Constitution of India
• Indian Kanoon | Article 22 of Indian constitution
• Wikisource - Constitution of India - Part III | Article 22

Can uniform Civil Code ensure gender parity in India?

To understand the civil code we have to first understand the India. 

India is the country of 28 states, where billion of people are living together perhaps those billion of people have their own culture, custom, tradition and faith. Even the people who follow the same faith don’t have same custom and ritual. There is a very popular quote in Hindi about India is “Kosh kosh pe badle pani, char kosh pe wani” which means India is a country where taste of water has been change on every step and language on every four steps. 

Civil code includes the matters of marriage, divorce and family, which also known as personal law which is different for every family based on their geography, culture and religion. 

So when British India decided to codify a law for personal law in 1861, then they categories the personal law in two sects, one is Hindu law and another is Muslim law based on the faith of the Indian civilians. Hindu personal law includes all the religion of the India except Muslim. And Muslims got a separate personal law called Muslim law. 

Both the personal law are injustice for India, since British government is not making law based on the ritual, custom and culture followed by the people of India based on their religion, instead of that they are trying to enforce law which they are following in Britain. And anyhow the law which is implemented and followed in Britain could not be same for India, where people are completely different in geography, tradition, culture, and custom. 

Ideally Hindu law should include the common law which followed (ritual and tradition) by Hindus in all part of the country and Muslim law should include the Sharia law (law of God). And need some reform on those practices which are social evils and injustice for any gender to ensure the justice in the state. And ban those illegal practices which is not in law of God but still in practice to create a male governing society; like dowry, physical abuse, sati, and other form of exploitation. 

Since India has endless diversity in nature, ritual, culture, tradition and religion which civilians of India practice, hence uniform civil code never will be helpful to ensure the equality in the society. Government can form a uniform civil code and create a common law for all civilians, but that will be breach of personal law, and violent the fundamental rights; like right to freedom (article 21) and right to religion (article 25, 26, 27, 28). 

At conclusion I would say that; answer of this question is a big No, I don’t think uniform civil court will ensure and bring gender equality in the India.

Fundamental Rights of Constitution of India

FUNDAMENTAL RIGHTS, CONSTITUTION OF INDIA

Fundamental rights are the basic human rights written in the Constitution of India which are guaranteed to all citizens of India.

General

12. Definition.
13. Laws inconsistent with or in derogation of the fundamental rights.

Right to Equality

14. Equality before law.
15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
16. Equality of opportunity in matters of public employment.
17. Abolition of Untouchability.
18. Abolition of titles.

Right to Freedom

19. Protection of certain rights regarding freedom of speech, etc.
20. Protection in respect of conviction for offences.
21. Protection of life and personal liberty.
21A. Right to education.
22. Protection against arrest and detention in certain cases.

Right against Exploitation

23. Prohibition of traffic in human beings and forced labour.
24. Prohibition of employment of children in factories, etc.

Right to Freedom of Religion

25. Freedom of conscience and free profession, practice and propagation of religion.
26. Freedom to manage religious affairs.
27. Freedom as to payment of taxes for promotion of any particular religion.
28. Freedom as to attendance at religious instruction or religious worship in certain educational institutions.

Cultural and Educational Rights

29. Protection of interests of minorities.
30. Right of minorities to establish and administer educational institutions.
31. [Repealed.]

Saving of Certain Laws

Articles 31A and Article 31B are added by the first constitutional amendment in the year 1951. Article 31B says that any acts and regulations included in the Ninth Schedule of the constitution by the Parliament can override the fundamental rights and such laws cannot be repealed or made void by the judiciary on the grounds of violating fundamental rights.

31A. Saving of Laws providing for acquisition of estates, etc.
31B. Validation of certain Acts and Regulations.
31C. Saving of laws giving effect to certain directive principles.
31D. [Repealed.]

Right to Constitutional Remedies

32. Remedies for enforcement of rights conferred by this Part.

32A. [Repealed.]

33. Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.

34. Restriction on rights conferred by this Part while martial law is in force in any area.

35. Legislation to give effect to the provisions of this Part.