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Civil and political rights are a class of rights ensuring things such as the protection of
peoples' physical integrity; procedural fairness in law; protection from discrimination
based on gender, religion, race, sexual orientation, etc; individual freedom of belief,
speech, association, and the press; and political participation. Contrast with economic,
social and cultural rights. Civil and political rights are included in the Universal
Declaration of Human Rights and elaborated upon in the International Covenant on Civil
and Political Rights.
Right to work
The right to work is closely related to other basic rights such as the right to life, the right to
food and the right to education. In a country where millions of people are underprivileged of
any economic assets other than labour power, gainful employment is essential for these rights
to be fulfilled. The right to work states that everyone should be given the opportunity to work
for a basic living wage.
The right to work is insisted in the Universal Declaration of Human Rights and
International Covenant on Economic, Social and Cultural Rights as follows:
"Everyone has the right to work, to free choice of employment, to just and favorable conditions of
work and to protection against unemployment."
The International Covenant on Economic, Social and Cultural Rights elaborates the right
to work in the context of individual freedoms and economic, social and cultural
development. The Covenant also elaborates the role of the State in realizing this human
right.
The right to work brings security in peoples lives. Today, labourers cannot count on
employment being provided to them during the lean season. The result is massive seasonal
migration, especially in dry land areas. An employment guarantee programme would give
labourers greater confidence in the prospect of local employment, and discourage seasonal
migration.
Freedom to assemble peacefully without arms, on which the State can impose
reasonable restrictions in the interest of public order and the sovereignty and
integrity of India.
Freedom to form associations or unions on which the State can impose reasonable
restrictions on this freedom in the interest of public order, morality and the
sovereignty and integrity of India.
Freedom to reside and settle in any part of the territory of India which is also
subject to reasonable restrictions by the State in the interest of the general public
or for the protection of the scheduled tribes because certain safeguards as are
envisaged here seem to be justified to protect indigenous and tribal peoples from
exploitation and coercion.
Citizens cannot exercise their right to vote effectively or take part in public decisionmaking if they do not have free access to information and ideas and are not able to
express their views freely.
Freedom of expression is thus not only important for individual dignity but also to
participation, accountability and democracy.
Article 19: Protection of certain rights regarding freedom of speech, etc. are clearly
specified in the Article
Article 20: This Article states the Protection in respect of conviction for offenses
Article 21: Protection of life and personal liberty is mentioned in the Article
Article 22: This Article deals with Protection against arrest and detention in certain cases
The Constitution of India contains the right to freedom, given in articles 19, 20, 21 and
22, with the view of guaranteeing individual rights that were considered vital by the
framers of the constitution. The right to freedom in Article 19 guarantees the Freedom of
speech and expression, as one of following six freedoms.
Freedom of speech, or the freedom of expression, is recognized in international and
regional human rights law. The right is protected in Article 19 of the International
Covenant on Civil and Political Rights, Article 10 of the European Convention on Human
Rights, Article 13 of the American Convention on Human Rights, and Article 9 of the
African Charter on Human and Peoples' Rights
The freedom of speech today is understood as a multi-faceted right that includes not only
the right to express, or disseminate, information and ideas, but three further distinct
aspects:
International, regional and national standards also recognizes that freedom of speech, as
the freedom of expression, includes any medium, be it orally, in written, in print, through
the Internet or through art forms. This means that the protection of freedom of speech as a
right includes not only the content, but also the means of expression
Relationship to Other Rights
The right to freedom of speech is closely related to other rights, and may be limited when
conflicting with other rights. The right to freedom of speech is particularly important for
media, which plays a special role as the bearer of the general right to freedom of
expression for all
Reasonable Restrictions
The freedom of speech and of the press does not confer an absolute right to express
without any responsibility. Reasonable restrictions on these grounds can be imposed only
by a duly enacted law and not by executive action. With the same token Clause (2) of
Article 19 of the Indian constitution enables the legislature to impose reasonable
restrictions on free speech under following heads:
I. security of the State,
II. Friendly relations with foreign States,
III. Public order,
Legal systems, and society at large, recognize limits on the freedom of speech,
particularly when freedom of speech conflicts with other values or rights.
Limitations to freedom of speech may follow the "harm principle" or the "offense
principle", for example in the case of pornography or "hate speech.
Limitations to freedom of speech may occur through legal sanction and/or social
disapprobation
Right to Property
Property is any physical or fundamental body that is owned by an individual or jointly
by a group of individuals. Owner of property has the right to consume, sell, rent,
mortgage, transfer and exchange his or her property. Hence Property rights are defined
as a bundle of entitlements defining the owners rights, privileges and limitations for
use of a resource.
Constitutional Framework on the Right to Property
The Indian Constitution does not recognize property right as a fundamental right.
In the year 1977, the 44th amendment eliminated the right to acquire, hold and dispose
of property as a fundamental right. However, in another part of the Constitution,
Article 300 (A) was inserted to affirm that no person shall be deprived of his property
save by authority of law. The result is that the right to property as a fundamental right
is now substituted as a statutory right. The amendment expanded the power of the state to
appropriate property for social welfare purposes.
Woman's Right to Property
The law gives all women the right to own property. Moreover, the law pertaining to the
Right to Property states that:
Every woman has the right to acquire and hold property in her own name
A woman has the right to receive and keep her earnings and spend it in any way
she wants
Women also have a share in the properties of their parents or other relatives.
Right to Education
The right to education is a fundamental human right. Every individual, irrespective of
race, gender, nationality, ethnic or social origin, religion or political preference, age or
disability, is entitled to a free elementary education. Free and compulsory
education to all children up to the age fourteen is constitutional
commitment in India.
Constitutional Frame Work On Right to Education
The Constitution of India provides Fundamental Rights under Chapter III. These rights
are guaranteed by the constitution. One of these rights is provided under article 21 A
which read as follows:
Article 21 A : The State shall provide free and compulsory education to all children
of the age of six to fourteen years in such manner as the State may, by law,
determine.
Right to Equality
The right to equality is one of the six rights that have been granted to us. In the Indian
Constitution this right has been described as
The State shall not discriminate against any citizen on grounds only of religion, race,
caste, sex, place of birth or any of them.
No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of
them, be subject to any disability, liability, restriction or condition with regard to access
to shops, public restaurants, hotels and places of public entertainment; or the use of wells,
tanks, roads and places of public resort maintained wholly or partly out of State funds or
dedicated to the use of the general public.
Constitutional Frame Work On Right to Equality:
Article 14: The provisions regarding Equality before Law are included in this Article
Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place
of birth is specified in this Article
Article 16: This Article consists of Rights of Equality of opportunity in matters of public
employment
Article 17: Abolition of untouchability is mentioned in this particular Article
Article 18: This Article provides details about Abolition of titles
Freedom of Association
Freedom of association is the individual right to come together with other individuals
and collectively express, promote, pursue and defend common interests. The right to
freedom of association has been included in a number of national constitutions and
human rights instruments.
Right to Religion
Right to Religion is a fundamental right guaranteed by the Indian constitution. Every
citizen of India has a right to practice and promote their religions peacefully. However
there have been many incidence of religious intolerance which resulted in riots, although
the issues which caused these riots have been investigated and dealt with
Importance of Religion
Religion in each civilization has indicated about the faith of human beings in
absolute values and a way of life to realize them. Therefore laws, customs, conventions
and fashions etc. are not the only means of social control but the religion and morality
also formulate and shape the human behavior. Religion and morality are the most
influential forces of social control as well as the most effective guides of the human
behavior. The social life of a man in addition of its economics, political, philosophical,
and scientific and other aspects, has also religious aspects.
Definitions of Religion
According to Ogburn, "Religion is an attitude towards super human power, it may
be submitted that religion explains the relation of man with god and also elaborate
rules of conduct."
Further Maxmuller defines, "Religion as a mental faculty (Sense) or disposition
(Character) which enables man to apprehend (Catch) the infinite."
According to Kingslay Davis, Religion is the part of society. It is
common to the group; its beliefs and practices are acquired by
each individual as a member of the group
Right to Contract
Freedom of contract is a basic and fundamental right reserved to the people. It refers
Right to contract is the freedom of individuals to bargain among themselves the terms of
their own contracts, without government interference. In other words, it refers the liberty
or ability to enter into agreements with others.
Contract Act
This Act may be called the Indian Contract Act, 1872 and it came into force on the
first day of September, 1872.
For a government servant, criteria for disqualification could be that he or she has
been dismissed for corruption or for disloyalty to the state.
Also, a person should not have been convicted for promoting enmity between
different groups or for bribery, or punished for preaching and practising social
crimes such as untouchablity, dowry and sati.
And last, but not the least, the candidate must not be of unsound mind.
To improve the economic, moral, educational and health status of its members and
to cooperate with and seek the assistance in carrying out mutual programs to
accomplish these purposes by all possible means.
To promotes in other ways the common well being of the tribe and its
membership.
Right To Petition
The right to petition the government is the freedom of individuals (and sometimes
groups and corporations) to petition their government for a correction or repair of some
form of injustice without fear of punishment for the same. Although often overlooked in
favor of other more famous freedoms and sometimes taken for granted, many other civil
liberties are enforceable against the government only by exercising this basic right,
making it a fundamental right in both representative democracies (to protect public
participation) and liberal democracies. The "right to petition," is not mentioned in the
Universal Declaration of Human Rights, but the related freedom of assembly and right to
"take part in the government" are
Any Bill which has been published in the Gazette of India or which has been
introduced or in respect of which Notice of a Motion has been received.
Any matter of general public interest which falls within the domain of
the Government of India. (Excepting matters which are sub judice or for which
remedy is available under Law, Rules, Regulations or Bye-laws made by or under
the authority of the Central Government)
It is the freedom to speak freely without restriction or limitation about the government.
In India, People have the right to criticize government policy and government. It is
considered as the modern human rights instruments.
Indian Constitutional Frame Work On Right To Criticize Government
In India the right to criticize the government policy and government is going along with
the freedom of speech and expression;
Article 42 Provision for just and humane conditions of work and maternity relief
The State shall make provision for securing just and humane conditions of work and for maternity
relief.
Article 43 Living wage, etc., for workers
The State shall endeavor to secure, by suitable legislation or economic organisation or in any
other way, to all workers agricultural, industrial or otherwise, work, a living wage, conditions of
work ensuring a decent standard of life and full enjoyment of leisure and social and cultural
opportunities and, in particular, the State shall endeavour to promote cottage industries on an
individual or co-operative basis in rural areas.