Points to Remember:
- Fundamental Rights are basic human rights guaranteed by the Constitution of India.
- Some Fundamental Rights are framed as prohibitions, meaning they prevent the state from acting in certain ways.
- These prohibitions protect individual liberties against state encroachment.
Introduction:
The Constitution of India, under Part III, guarantees Fundamental Rights to all citizens. These rights are not absolute and are subject to reasonable restrictions as defined by the Constitution itself. While many Fundamental Rights are framed as entitlements (e.g., the right to equality), a significant number are expressed as prohibitions, preventing the state from interfering with individual freedoms. Understanding these prohibitions is crucial for safeguarding individual liberties and upholding the rule of law.
Body:
1. Prohibition against Exploitation (Article 23 & 24):
- Article 23: This article prohibits traffic in human beings, begar (forced labour), and other similar forms of forced labour. It’s a direct prohibition on the state and individuals from engaging in exploitative practices. The Supreme Court has interpreted this broadly to encompass various forms of bonded labour and forced servitude.
- Article 24: This article prohibits the employment of children below the age of 14 years in any factory, mine, or other hazardous employment. This is a clear prohibition aimed at protecting vulnerable children from exploitation. Enforcement remains a challenge, however.
2. Prohibition against Freedom of Religion (Certain Aspects):
- Article 25-28: While Articles 25-28 primarily guarantee freedom of religion, certain aspects function as prohibitions. For instance, Article 25 prohibits the state from establishing or endorsing any particular religion. Article 28 prohibits religious instruction in certain educational institutions receiving state funding. These are negative obligations on the state, preventing interference with religious freedom.
3. Prohibition against Untouchability (Article 17):
- Article 17: This article abolishes the practice of untouchability and its enforcement is a direct prohibition on any form of discrimination based on caste. While legally abolished, social realities continue to present challenges in eradicating untouchability.
4. Prohibition against Discrimination (Article 15 & 16):
- Article 15: This article prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. It’s a direct prohibition on the state from enacting laws or taking actions that discriminate against citizens based on these grounds.
- Article 16: This article prohibits discrimination in matters of public employment on grounds of religion, race, caste, sex, descent, place of birth, residence, or any of them. This is a specific prohibition against discriminatory practices in government jobs.
Conclusion:
Several Fundamental Rights in the Indian Constitution are framed as prohibitions, acting as crucial safeguards against state overreach and ensuring individual liberties. Articles 23, 24, 17, 15, and aspects of Articles 25-28 exemplify this. While the legal framework is robust, effective implementation remains a challenge. Strengthening enforcement mechanisms, raising public awareness, and addressing social inequalities are crucial for realizing the full potential of these prohibitions. A holistic approach involving legislative action, judicial pronouncements, and societal change is needed to ensure that these prohibitions translate into tangible improvements in the lives of all citizens, upholding the constitutional values of equality, justice, and liberty. The continued vigilance of citizens and the judiciary is paramount in safeguarding these fundamental rights.