Essay on Fundamental Rights in India

Certain rights are called fundamental or basic because they are essential for the realisation of the highest good of the citizen. These rights are to be looked upon as inalienable rights of an individual, which every human being is entitled to enjoy if he/she is to maintain human dignity.

They are incorporated in the Constitution and are justiciable, i.e., any violation of these rights can be questioned in a court of law. Some restrictions on the Fundamental Rights have been imposed in the interest of common good and the security of the country.

1. Right to Equality:

The principle of equality means that there are no special privileges and no distinction based upon religion, caste, colour, creed or sex, in public employment, the State offers equal opportunities to all people, if they are otherwise qualified; social equality has been secured by abolition of untouchability.

2. Right to Freedom:

The Constitution provides to every citizen the following rights: (a) to freedom of speech and expression, (b) to assemble peacefully, (c) to form association and unions, (d) to move freely throughout the territory of India, (e) to reside and settle in any part of the territory of India, (f) to practise any profession or carry on any active trade and profession.

3. Right to Freedom of Religion:

Except when it is not in the interest of public order, morality, health, etc., every person is entitled to the freedom of conscience, and the right to profess, practise and propagate any religion freely.

4. Cultural and Educational Rights:

The Constitution provides that every community has full freedom to run its own educational institutions to preserve its own language and culture.

5. Right against Exploitation:

Traffic in human beings, and forced labour and the employment of children less than 14 years in a factory, mine, etc., are punishable offences.

6. Right to Constitutional Remedies:

When a citizen feels that any of his fundamental rights has been encroached upon, he can move the Supreme Court or High Court, or any other court empowered for the purpose by an Act of Parliament, for their enforcement and these courts are empowered to issue the usual writs of habeas corpus, mandamus, prohibition, quo warranto and certiorari for such enforcement.

(Note: The right to property was also one of the fundamental rights, according to the original Constitution. This right was taken away under the 44th Amendment Act passed in December, 1978. It is now only a legal right.) Believed that Brahma created Brahmin and the cow on the same day and as such are equally sacred. Hence, the killing of a cow is a sin as heinous as Brahmanicide for the Hindus.

Kalpvriksha actually denotes a tree that yielded anything desired. It signifies the divine power possessed by the sages and the true devotees of the Lord, with the help of their tapas and Sadhna.

Malmas refers to that month in which there is no sankranti of the sun. During malmas the Hindus do not perform any religious or holy function. However, the worship of Shiva during this period is held important. It is also called Adhimas.

Aranyaks are the literary compositions that were thought and shaped in the forest. These are mainly focussed on philosophical and mysterious subjects. Aranyaks are the mastery combination of the events of Sanhitas and Brahmanas as well as the philosophy of Upanisliads. There are seven Aranyaks in all, namely (i) Aitareya Aranyak, (ii) Sankhayan Aranyak, (iii) Taittiriya Aranyak, (iv) Maitriyani Aranyak, (v) Madhyandini Vriliadaranyak, (vi) Tahakar Aranyak and (vii) Jaiinini.

The sacred Sanskrit literature of the Hindus consists of two main divisions: Srutis and Smritis, while the Sruti refers to what is heard, the Smriti constitutes what is remembered. The authority of the Smriti is as binding as that of the Sruti provided it is not in contradiction with the latter.

The Smritis consist mainly of (i) the two epics, (ii) the 18 Puranas, (iii) the Dharma Sastras, (iv) the Smartha Sutras, (v) the six Vedangas and (vi) the Niti Sastras.

A The Bhagwad Gita is a poem about 700 verses found in Mahabharata put in the form of a dialogue between two principal characters of that epic. The poem so brims with the spirit of Hinduism that every school of philosophy and every sect believe that it teaches their particular doctrines. The object of the Gita is to elucidate a highly complex moral situation and incidentally it briefly surveys the whole field of philosophic thought.

It teaches a philosophy of action. The correct type of action which enables a man is duty done with no thought of personal gain. The Gita upholds the doctrine of Bhakti to a personal God. The dogma of incarnation is also taught.

Krishna says that whenever Dharma fails and Adharma begins to predominate the world, God incarnates himself for the destruction of Adharma. Gita is to teach the social nature of a man and to show that it is not in nnely forests that a man should seek salvation but in the midst of life.

To ive in this world, to do the duty allotted to one by birth and special circumstances without fear of consequences or love of gain, without the bonds of love or hatred marring one's vision, is the object of life; a man this state is a Jivan Mukta and it is its own reward.