Fundamental Right- NEW Awareness

Remembering the PREAMBLE

PREAMBLE 

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC REPUBLIC and to secure to all its citizens’ 

JUSTICE, social, economic and political; 

LIBERTY of thought, expression, belief, faith and worship; 

EQUALITY of status and of opportunity; and to promote among them all 

FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation; 

IN OUR CONSTITUENT ASSEMBLY this 26th day of November 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION

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First of all, it is true that India is a democratic country. We all have equal rights to assert our democracy as long as we are part of this nation. This is what we have learnt during our growing days and seamlessly exercise these rights as we grow up to be ‘contributing’ as citizens in the betterment of the nation. 

Governance- if we can redefine for ease of understanding is a public forum elected to bring limitations to factors that are in fluid state and cannot be left unbounded causing inadvertent damage to the nation in toto. Any force, if left to move on its own, then the resulting effect can only be estimated to be exponential. Therefore, government is a body that was formed to be elected ‘by the people’ and their governing rules should be ‘for the people’ resolving the troubles ‘of the people’ i.e., to bring decency and civilised system into the nation that shall be commonly applied when once is not in their personal fortress or realm of life, this means- As long as I am within the four walls of my residence or my personal space, I can follow my religion, my prayers, my practise etc that would not affect the general lives of either my neighbour or influence a community against government or any governing body or involve in anything that brings harm to the nation. But the question now is- is it possible to expect this from present scenario in the country? Is our constitution in question? Over the years have we subtly amended its original existence to unknown such that the purpose- that is to secure all its citizen has weakened?  

It is true that we are all in a country that is diversified by not just religion but also by colours, food habits, lifestyles, geographies and various such substantial factors- by and large was greatly welcomed within our social circle in the past, has now come to light in the recent years that belonging to certain religion or cast is a stigma. But, whilst the tasteful sharing of all the above mentioned, we continue to discriminate on one major factor called Religion that has far spread its evil wings wide into our core fundamental rights gifted by the constitution. This is the kind of ‘Stigma’ that we occurred to us as growing children, nor was it instilled by our parents or neighbours or families or friends into our routine. It was the thing of the past, perhaps 18th century and lasted till about mid of 19th century and faded with the dawn of literate, open minded, tolerant and modern 21st century. Today, my deep introspection has revealed that we have come back full cycle in terms of social reformation, understanding the constitution in truth by every letter and word, re-creating awareness on brotherhood and blood wars or simply- returning to dark ages of the new era.  

Fundamental rights (wikipedia, n.d.) are those rights which are essential for intellectual, moral and spiritual development of individuals. As these rights are fundamental or essential for existence and all-round development of individuals, hence called as 'Fundamental' rights. Fundamental rights apply universally to all citizens including the governing body itself- be it President or Prime Minister or just a civilian; irrespective of race, birthplace, religion, caste or gender. There are six fundamental rights recognized by the Indian constitution: 

1. Right to equality (Articles. 14-18) 

2. Right to freedom (Articles. 19-22) 

3. Right against exploitation (Articles. 23-24) 

4. Right to freedom of religion (Articles. 25-28) 

5. Cultural and Educational Rights (Articles. 29-30), and 

6. Right to constitutional remedies (Articles. 32-35) 

Here's the new evolution to reformation: 

Right to Equality- Nation’s outlook into "Equality" as a subject matter looks very well. It is also very well professed by other nationals who think that India is the most tolerant country with such diversity and yet the citizens of the nation have the integrity that never let go the pride of ‘Unity’ in this nation. 

1949, when the constitution was released it meant to remove all the evils that prevailed for very long in Indian (then Bharat) history. BharataKanda- Indian Sub-Continent, went through life of slavery, brutality in terms of penalization for meager crimes such as theft of robbery, common-man feared cruelty that was imposed on them based on discrimination at various levels- Gender discrimination was on the top of the chart- Male V/S Female and their limitations respectively followed by Caste, Race, Colour, Religion and other trivial factors. Truth be told, from the original Indian history that hailed for thousands of years, it's hardly evident during the administration of great leaders that such huge range of discrimination existed. However, given to the colonization and Indian Colonial Era- we were left stranded amidst learning, unlearning and relearning the government norms. The civilians acted as the government suggested- majority of these suggestions were only aimed at breaking India into as many divergent little chunks as possible. Thanks to our great leaders, who could bring in the reformation in the form of “The Constitution of India” that eradicated these discriminators in the name of united nation thus continuing to accept the nation and its culture as guided by the constitution.  

This is true that the citizens play a very important role in not just forming the present government but also to continue to support the chosen proving it to be the most capable one. Though people were certainly deprived of education, freedom to live and use common and public facilities due to the main differentiating factor- Religion/ Cast. A devastating state of social affairs across the country made it rather difficult a project to bring awareness. This being the primary evil to address, almost whole nation took part in establishing this “Right to Equality” very efficiently. Media, Marketing, Movies, entertainment channels- Theatre, Music, Street Plays etc., every industry worked towards this goal and eventually we achieved it all along by 1990. This is Indian Citizen and their patriotism expressed in several forms.  

Today, as we read this article there is perhaps a small village or district that still have witness the daylight of such revolution in India, there may be a Muslim child raped or a Hindu boy bullied or a Kashmiri student stone pelted which we should await to read in the Newspaper this morning. It is rather depressing to see the cruelty that is publicly exhibited, making mockery of one’s own religion, community or cast in the pretext of safeguarding one’s own interest. This is further extended to other segments such as Employability, Education quota, ratio of admissions to public education/employment etc. General Category privileges V/S Other category privileges is lucid in our everyday news. If this is our existing “Fundamental Right to Equality” then what is Equality in principle? We are citizens of this country and it is our responsibility to retain the purpose of our constitution rather than let anyone exploit it in the name of power or leadership. 

How is it to be acceptable either then or now that there is cast/creed/religion etc that can define a social stature of a person. What is the meaning of General Category in our current constitutional arrangement? Why shouldn’t the social strata be (if at all it should) for reasons of discussions or gathering otherwise- in the form of education, specialization etc? Why are we continuing to segment the population in terms of the era that are bygone? Where is the EQUALITY in this time while we are talking about “Global Justice”?  

We must voice out these differences clearly in-order to retain the oneness in the nation. We are privileged generation that has many quick tool, tricks and mechanism available with the advent of technology, we are not limited to running a rally or conducting ‘Protests/Strikes/Hartals’ or going on a ‘Silent Protest/ Fasting/Satyagrah’. We now have access to anyone and everyone within a click of a button- USE IT to remain INDIAN! 

Inequality exercised brutally- refer Case Studies: 

1. SC/ST (Jatvas) V/S Upper Class (Takurs) in UP over a marriage processions/Baraat- Justice was lame. Ref:  

2. Kathua, Unnao rape- The entire family went through torments including brutal death. 

3. Khanaiya Kumar JNU- Sedition & Criminal charges under IPC Sec- 124 (A) and 120(B) respectively 

4. Cow Slaughter- the right to moral policing to pick possible Muslim peasant or trader involved in any cattle related business- categorized, tortured and many beaten to death across the country 

Right to Freedom- yes there is all the freedom we as a nation wanted during our freedom struggle- freedom of speech & expression, gathering in assemblies & forming Unions, moving from one state to another or choosing a particular place for living within the nation or even to start your own trade or business- because we were in the caught in the claws of foreigners. All of the above mentioned were achieved with a purpose and resolve- it was called FREEDOM; to this extent, that eminent personalities from various parts of this nation sacrificed every ounce of their world to create this freedom that we are proud to pronounce at every given opportunity, we are proud to use at any given point in time, we use it very subconsciously in our day to day life. This “Freedom” was so important for India, not only to be free from existing rulers, but also to hear out to civilians at that time, whose grief never reached the powerful sitting in the decision-making capacity. Let’s look into couple of these aspects one at a time-  

Freedom of Speech & Expression- has changed in these few years- Social media, technology and other innovative discoveries that are our new tools to democracy, were supposed to enable us as a developing nation has snatched the freedom away within a jiffy. Every moment, every action, every event, everything that one does - ethical, unethical; legal, illegal; good, bad & ugly is all available for everyone's consumption; and all of it costs less than a penny- thanks to Internet. The question isn’t about is it wrong to use? The question is rather about why is it misused? Freedom of speech in any form should also follows the same mandate as to maintaining decency and healthy conversation, instead to be misused as a medium to instigate, propagate or provoke ill-will onto the audience.   

The best use of it is made during the Elections. Any party campaigning took the best advantage of such digital medium and became unabashed before public losing their image, value and also losing the sense of basic decency, dignity and humanity. It has time and again come to light to the general public like us that most of the heinous acts that were once hidden as a matter of disgrace and secretly dealt with the judicial/legal system has now become a pride to showcase in public making the government shaky and less reliable.  

Freedom of assemblies, alliances & Unions- to ensure the communities- labor, working, professional, bureaucratic and others alike are treated equally in the eyes of justice. There’s no more slavery, favoritism or unhealthy practices at working place, factory or free sites such as homes and other conventional working places. Most of us have heard of Unions in colleges and universities, Factories and Industries associated with Unions, Law associations for legal brainstorming and authorizing the practice, etc these were formed freely and were permitted to exists because the agenda was directed towards the large well-being of common man and his life in total. Where are we heading today? Every political and profitable person/party secretly forms a group, whose agenda is mostly selfish than selfless towards the nation. The entire motto of providing ‘Freedom’ to common man and his well-being has turned out to be political or profit making in nature, driving the innocent civilians into con-works, terrorism, communalism, and other such atrocious activities causing discordance.  

Our constitution includes right to freedom to ensure harmonious living to one and all under one nation, one flag, one anthem and one government in order. It should be the government who understands the meaning of Freedom under the constitution and imbibes the same whilst propagating its right use rather than its misuse. Use "Right to Freedom" rightly. Citizen is always guided by government; else no nation would need a government.  

Right to freedom of religion: The most important but vulnerable and bleak matter. Religion - is and will be individual choice; the choice made purely out of one's own will to practice in-order to bring work-life balance, orderliness, peace of mind and positivity in one's life or any other reason one should find to practice for his own well-being. If religion can be left to one’s individual interest, the world will be a better place. Nonetheless, the fact is- this is the most vulnerable aspect in people's mind as this brings sense of communism and belongingness easily in them and that has proved ‘good for all political reasons’ to be exploited. For Eg- if only one says that I follow “Lord Sri-Krishna” as a god, even casually to a total stranger and that incidentally the stranger also acknowledges to follow the same, they both along with their entire family get friendly within no time. This is the strength and also the weakness that any religion asserts in one’s mind. Whether one likes it or not, but I can bet on the fact that any other factor might not be as important as religion in gathering favored votes. This is not just here, entire world in a way or the other follows religious politics, without which there are bleak chances of winning the elections; to this tune missionaries of respective religions also play a very political role in rubbing shoulders with aspiring or popular politicians. But this is not what we are worried about, isn’t it?  

Sadly, I’m certainly worried about the fact that this single aspect- sensitive yet vulnerable has left deep scare in our ‘united-by-diversity’- nation. Our house problems have become others’ passage to enter our home and ruin our peace. Our home is cracking slowly and parting with each other internally. From “very few states during independence to every language in a land mass is a state” has become the trend; from everyone is Indian to “Hindu” in Indian and the others are- minorities living on mercy- is in today’s air; from hugging a buddy studied together to “Oh! Your last name is Kumar” is the conversation. Wow! We have lost it all one by one. Faith, trust and confidence on our own is questionable. Our binding reason “Being Indian, Being Human” has lost in this era of great literacy, booming economy and well settled life. Who is happy with all this? Who is enjoying the fruits of innocent, naïve and blending civilians? Who is being exploited for power and money? Point to Ponder. 

Our constitution never says anything regarding such religious freedom, but it never shrugged off the matter either. Considering the kind of cast system, discrimination and other differences it was a very thoughtful act to have included Right to Freedom of Religion, however the current state of affairs are not any different to the then scenario; except the fact we are now fighting within the educated community while we had to earlier educate "right to religious freedom" to the uneducated community. 

Right to Freedom of Religion is to practice at one’s own will and in one’s own place, not to exploit it to be imposed on every civilian in the country. It is not “Religion” based country, India is a diversified country, unified by efforts of every individual’s independent contribution. It a fundamental flaw if one wishes to rule a country based on religious grounds. Great administrators have tasted mud whilst this trial, they fall flat on their faces even before they realized the mistake. Civilians don’t wish you administer their homes, they wish you administer their steady income for better lives. We need employment, better payments and some better use of our taxes, not religious discourse from governments.  

   

Right to Education- "Our Constitution fathers did not intend that we just set up hovels, put students there, give untrained teachers, give them bad textbooks, no playgrounds, and say, we have complied with Article 45 and primary education is expanding... They meant that real education should be given to our children between the ages of 6 and 14" - (MC Chagla, 1964) (righttoeducation.in , n.d.)- there were hundreds of programs that were initiated to bring educational reform in the country.  

To remind- Dr. B. R. Ambedkar was a fine example of what education can do to a person and his story was literally included in every syllabus and in every standard. Likewise, Mahatma Gandhi- a man from Hindu Gujarati family who went on to become a Barrister and later was awarded the title ‘Mahatma’ and is known for his work greatly through non-violence (Africa and Indian continent) and hence Mahatma. These were more inspiring stories for - educated, uneducated and to be educated class alike and such testimonials encouraged education in India; despite the fact that the entire nation’s population was going through economic pitfalls; majority of the nation survived of petty earnings to make their living but still were able to manage to enroll the next generation to engage under some government scheme or the other to ensure education took place as a mass project nevertheless the bread winning load was shared by all at home. Therefore, we saw an era of Joint families, farming families, increased number of government schools, respectful and grateful jobs like Teachers, engineers, doctors etc had flourished without religious bias or discrimination.  

At present- everything has changed in terms living, social gathering, number of government schools or even government hospitals for that matter. The fundamental right to education has become commercial, the need to spread education as a source for better living has become a challenge to common man. Government schools are in peril, teachers aren’t being paid well, infrastructure is least of conditions etc. YET-we say- There is Education?! But discriminated in a way. Wealthy people v/s poor people. Upper society school v/s lower society school. Highly paid teachers v/s hardly paid teachers. If this is right to EDUCATION- we are here!? 

The above 4 out of 6 points are part of our fundamental right in Indian Constitution. The reason to touch base on these pointers was to simply remind people with like-minded thoughts to come together and help the nation and its citizen in continuing to follow what India use to be, unlike where we are standing now- New ERA of discrimination, New ERA of cast system, New ERA of fighting for our own right, New ERA of belonging to this nation. We have to re-identify now, emphasis that we are also Indians instead of just saying "I'm Indian". We are in an ERA of fighting our own evils. This must end before we enter into another war zone on religious, communal or identification grounds.