Rights of People, Followed by the Restrictions Imposed on their Liberty

Abhijeet Tiwari[1]

The constitution of India is the supreme law of our country. It has been established for the protection of the rights of the people. Mainly when we talk about the rights of the people, generally there are 3 generations of the rights. The first generation deals with the civil and political rights. The second generation deals with the economic social and cultural rights. Similarly, when it comes to the 3rd generation so these are the collective, group or green rights.

Followed by, the first generation is known as the blue rights that are the negative rights and the second generation is known as the red rights that are the positive rights. Then, these 3 generation rights are also interrelated to one another as the newest ones are given most of the importance that is the economic, social and cultural rights have to be kept above the old civil and the political rights, similarly, the collective rights have to be kept above all of them as they are the newest ones and they could still be brought in the practice. The constitution has been designed in such a way that whenever needed, it can be amended and the new provision can be added, according to the decisions of the respective authorities.

The fundamental rights are generally the individual rights which have been granted by the constitution to the respective citizens. These are the rights which fall under the part-3 of the Indian constitution. We may say that the fundamental rights have been borrowed from the constitution of the United States of America. They are protected by the constitution and if there is any violation of these rights so the punishments are prescribed by the law. The major fundamental rights are-

  1. Right to equality- this right has been provided by the constitution under the article- 14, 15, 16, 17 and 18. The article 14 of the Indian constitution guarantees the equality of all the people before the law. The article 15 states that there should be no discrimination on the basis of caste, religion, sex, place of birth. The article 16 provides the equality in the employment opportunities for the people, and article 17 prohibits untouchability. The article 18 works for the abolition of the titles.
  2. Right to life- this is given under the article 21 of the Indian constitution as it talks about the right to life and the personal liberty.
  3. Right to freedom- it generally comes under the articles 19, 20, 21, 21A, 22.
  4. Right against exploitation- it is given under the articles 23 and 24.
  5. Right to freedom of religion- it falls under the articles- 25, 26, 27, 28.
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Then there are the cultural and educational rights, the right to constitutional remedies given under article of the Indian constitution.

There could be the provisions related to the right to privacy as an integral part of the article 21 of the Indian constitution.

Now, one thing is correct that the people should be allowed with due respect to enjoy their rights but one more thing has to be kept in the mind that there should be no misuse of the rights either by the general public of the nation or by any competent authority there for it is very important for the delegation of the powers and authorities to be done properly and for this there is a need to amend the constitution of our country for the betterment and those provisions which are present as the obstacles on the path of heading towards the development or improvement, the have to be replaced by the better ones.

The main reason responsible for the situation getting bad to worse and then, worse to worst is improper implementation of such policies which the government makes for the progress of the respective society. Because of which the benefits of these rights remain in the hands of a few ones and then, they begin to misuse it for their own benefits. That is why some restrictions are really necessary to be imposed on the enjoyment of the rights of the people. And for such a poor situation not only the government but also the people are responsible as they are not aware of anything so they are exploited. Therefore, they need to be educated and made aware of their rights and duties.

The issue of the fundamental rights has always been a very popular part of the debates and the discussions not only at the national but also at the international level. There must be an adoption policy that has to be added in the respective constitution of our country by amending it, which would be specifying that whenever needed if the official of our country are unable to develop some worthful policies which will take us towards the development so we can search for it in the constitutions of the other countries and we can learn and adopt the respective policies which could prove to be very helpful for our nation. Such activity can also be very helpful for maintaining good relation with the other existing countries on the earth.

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[1] Student, BA LL. B 1ST year, Bharati Vidyapeeth deemed University, New Law College, Pune.