The document discusses the six fundamental rights provided by the Indian Constitution: 1) Right to equality - which includes equality before law, social equality, abolition of untouchability, and equality in public employment. 2) Right to freedom - including freedom of speech, movement, profession, and more. 3) Right against exploitation - protecting citizens from trafficking, forced labor, and child labor. 4) Right to freedom of religion - to hold beliefs and propagate religion. 5) Cultural and educational rights of minorities - rights to preserve culture and language and establish educational institutions. 6) Right to constitutional remedies - the right to approach the Supreme Court for violations of fundamental rights, through writs like habeas corpus.

1. FUNDAMENTAL RIGHTS
PRESENTED BY- GARGI SHARMA

2. WHAT ARE FUNDAMENTAL RIGHTS?
Fundamental rights are a group of rights that have
been recognized by the Supreme Court as requiring
a high degree of protection from government
encroachment. These rights are specifically
identified in the Constitution (especially in the Bill
of Rights), or have been found under Due Process.

4. SIX FUNDAMENTAL RIGHTS
 Right to equality
 Right to freedom
 Right to freedom from exploitation
 Right to freedom of religion
 Cultural and educational rights
 Right to constitutional remedies

6. RIGHT TO EQUALITY

7. Equality Before Law
Equality before law is well defined under the Article 14 of the Constitution which
ensures that every citizen shall be likewise protected by the laws of the country.
It means that the State will not distinguish any of the Indian citizens on the basis
of their gender, caste, creed, religion or even the place of birth. The state cannot
refuse equality before the law and equal defense of the law to any person within
the territory of India. In other words, this means that no person or groups of
people can demand for any special privileges. This right not only applies to the
citizens of India but also to all the people within the territory of India.
Social Equality and Equal Access to Public Areas
The right of Social Equality and Equal Access to Public Areas is clearly mentioned
under the Article 15 of the Constitution of India stating that no person shall be
shown favoritism on the basis of color, caste, creed language, etc. Every person
shall have equal admittance to public places like public wells, bathing ghats,
museums, temples etc.

8. Abolition of Untouchability
Article 17 of the Constitution of India abolishes the practice of untouchability in
India. Practice of untouchability is declared as a crime and anyone doing so is
punishable by law. The Untouchability Offences Act of 1955 (and now Protection of
Civil Rights Act in 1976) states punishments for not allowing a person to enter a
place of worship or from taking water from a well or tank.
Equality in Matters of Public Employment
Article 16 of the Constitution of India clearly mentions that the State shall treat
everyone equally in the matters of employment. No citizen shall be discriminated on
the basis of race, caste, religion, creed, descent or place of birth in respect of any
employment or office under the State. Every citizen of India can apply for
government jobs. However, there are some exceptions to this right. The Parliament
may pass a law mentioning that specific jobs can only be filled by candidates who
are residing in a particular area. This requirement is mainly for those posts that
necessitate the knowledge of the locality and language of the area.

10. RIGHT TO FREEDOM

11. Right to freedom which includes speech and expression, assembly, association
or union or cooperatives, movement, residence, and right to practice any
profession or occupation (some of these rights are subject to security of the
State, friendly relations with foreign countries, public order, decency or
morality), right to life and liberty, right to education, protection in respect to
conviction in offences and protection against arrest and detention in certain
cases.
Freedom to move freely throughout the territory of India though reasonable
restrictions can be imposed on this right in the interest of general public.
Freedom of movement -According to the Universal Declaration of Human
Rights (1948) all people are entitled to the recognition of inherent dignity and
certain inalienable rights, which are the "foundations of freedom and justice in
the world." Freedom of movement is part of the "liberty of man" (Jagerskiold)
thus making it one of the most basic human rights. Article 13 of the Universal
Declaration of Human Rights stipulate:

12. Everyone has the right to freedom of movement and residence within the
borders of each State. Everyone has the right to leave any country, including
his own, and return to his country.
Freedom to carry on any trade business, profession or occupation to every
citizen. It also implies that, every citizen has right to choose his own
employment or to take up any trade or calling on any business or occupation.
Therefore, the freedoms envisaged under this article can be classified as;
Right to practice any profession
Right to take up any trade or calling
Right to choose employment
Right to carry on any occupation or business

13. RIGHT AGAINST EXPLOITATION

14. The right against exploitation is one of the most vital fundamental rights given
by the Indian Constitution. These rights aim at protecting citizens from being
subjugated to environmental, domestic and work hazards. Articles 23 and 24 of
the Indian Constitution safeguard women and children and others against
exploitation of various forms.
Article Against Human Trafficking And Forced Labor
The first provision in the Article that mentions the Right against exploitation,
states the ‘eradication of human trafficking and forced labor (beggar)’. Article 23
declares slave trade, prostitution and human trafficking a punishable offence.
There is, however, an exception here in the form of employment without
payment for compulsory services for public purposes. Compulsory military
conscription is covered by this provision

15. Against Child Labor
Article 24 of the Indian Constitution prohibits abolition of employment of
children below the age of 14 years in dangerous jobs like factories and mines.
Child labour is considered gross violation of the spirit and provisions of the
constitution. The parliament has also passed the Child Labor act of 1986, by
providing penalties for employers and relief and rehabilitation amenities for
those affected.
Although Articles 23 and 24 lay down definite provisions against trafficking
and child labor, the weaker sections of the society are still faced by such grave
problems. Punishable by law, these acts are now legitimately bound by legal
actions of the Parliament in the form of Bonded Labor Abolition Act of 1976
and the Child Labor Act of 1986, along with the ground rules and provisions
stated in the Right against Exploitation act.

16. RIGHT TO FREEDOM OF RELIGION

17. The right to freedom of religion and belief includes the right to hold a belief, the
right to change one’s religion or belief, the right to express one’s religion or
belief, and the right not to hold a belief.
The freedom of religion conferred by this Article is not confined to citizens of
India alone but extends to all persons including aliens and individuals exercising
their rights either in their individual capacity or on behalf of some church or
institution. Freedom of conscience connotes a person's right to entertain beliefs
and doctrines concerning matters, which are regarded by him to be conducive
to his spiritual well being.
A person has freedom to believe in the religious tenets of any sect or
community. The right is not only to entertain such religious beliefs as may be
approved by his judgment or conscience but also to exhibit his sentiments in
overt acts as are enjoined by his religion. According to this Article, he may
'profess, practice and propagate his religion'.
To profess a religion means the right to declare freely and openly one's faith.
Modes of worship considered by a religion to be its integral and essential part
are also secured. He may propagate freely his religious views for the edification
of others. Thus, freedom of conscience would be meaningless unless it is
supplemented by the freedom of unhampered expression of spiritual conviction
in word and action.

18. The right to propagate one's religion means the right to communicate the person's beliefs
to another person or to expose the tenets of that faith, but would not include the right to
convert another person to the former's faith, because the latter is equally entitled to
freedom of conscience.
Of course, the latter person is free to adopt another religion in the free exercise of his
conscience. Thus, Article 25(1) guarantees to every person not only the right to entertain
such religious beliefs as may appeal to his conscience, but also the right to exhibit his
belief in his conduct by such outward acts as may appear to him proper in order to spread
his ideas for the benefit of others. Therefore, every person is guaranteed the freedom to
practice his religion- or to spread it if he so wishes - if that freedom is not abused to
commit crimes or indulge in anti social activities.

19. CULTURAL AND EDUCATIONAL RIGHTS

20. India, being a diverse country with a myriad of ethnic backgrounds, religious
influence and varied sub-cultures, also have minority groups. Articles 29 to
30 of the Indian Constitution effectively aim to eradicate this problem by
making a provision in the article known as ‘Right to Cultural and Educational
rights of Minority groups’.
Article 29: Right to Protection of Interests
The constitution of India ensures equal to all the citizens of India liberty
pertaining to conserving their culture, language and script under Article 29
(1).
This provision simply states that the citizens have the right to preserve their
language, heritage and backgrounds and cannot be stifled by major
language groups.
The second right under Article 29 (2), says that ‘no minority groups will be
denied admission into any educational system or institution of their choice,
and will also not be deprived of any funds from the state purely based on
religion, caste or language’.

21. Article 30: Right to Establish Educational Institutions
Article 30 of the Indian Constitution states that religious and language
minorities will have the right to administer and start their own educational
institutions. However, no minority, other than the ones suggested in the
article will have the right to establish any institution. The second provision,
under Article 30 (2) states that, the government will not deny these
institutions any state funds or aid on the basis that it is run and managed by
minority groups.

22. RIGHT TO CONSTITUTIONAL REMEDIES

23. Article 32 of the Indian constitution provides for constitutional remedies
against the violation or transgression of fundamental rights. The fundamental
rights are of highest importance to the individuals. They are basic conditions
for the fullest development of personality.
Article 32 which was referred to “as the very soul of the constitution” by Dr.
Ambedkar, provides for constitutional remedies. Clause 2 of Article 32 provides
that, “The Supreme Court shall have the power to issue directions or order or
writs including the writs in the nature of habeas corpus, mandamus,
prohibition, Quo warranto and criterion, whichever may be appropriate for the
enforcement of any of the rights conferred by” fundamental rights. The citizens
are given the right to move—the Supreme Court in case of transgression of
fundamental rights. The Supreme Court thus is constituted into a protector and
guarantor fundamental rights. The right to constitutional remedy is itself a
fundamental right.

24. In case of transgression of fundamental rights the Supreme Court or the High
Courts may issue five kinds of writs. These are writs of Habeas Corpus,
Mandamus, Prohibition, Criterion, and Quowarranto.
Habeas Corpus—Habeas Corpus literally means—that human person is
sacred. Hence no man may be detained illegally. Whenever a man is
detained, he must be produced before a court. This writ is a powerful
safeguard against arbitrary arrest and detention.
Mandamus—meaning ‘command’, mandamus calls upon public servants to
perform some duties. Thus mandamus is issued against dereliction of duty.
Prohibition—as the very term prohibition—suggests, this writ is issued by
the Supreme Court or the High Courts, to prohibit inferior courts under them
to overstep their jurisdiction.
Criterion—it enables a superior court of compels inferior courts to submit
records of proceedings to the higher court.
Quo warranto—literally means by what right. This writ is issued to
determine the legality of a person’s claim to public office. The purpose of this
writ is to prevent usurpation of a public office by an undesirable or,
unqualified person.