Basic Human Rights Guaranteed and Protected Under the Constitution of India.

In the Constitution of India, human rights are primarily enshrined as Fundamental Rights in Part III (Articles 12 to 35). These rights are often described as the "Magna Carta of India" because they are legally enforceable against the State.

Unlike the Directive Principles (which are aspirational), Fundamental Rights are justiciable, meaning one can move the Supreme Court or High Courts directly if they are violated.

1. The Six Fundamental Rights

The Constitution originally provided for seven rights, but the Right to Property was removed in 1978. Today, there are six core categories:

I. Right to Equality (Articles 14–18)

• Article 14: Equality before the law and equal protection of the laws.

• Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth.

• Article 16: Equality of opportunity in public employment.

• Article 17: Abolition of Untouchability—a unique and absolute human right in the Indian context.

II. Right to Freedom (Articles 19–22)

• Article 19: Guarantees six freedoms, including speech and expression, peaceful assembly, association, movement, residence, and profession.

• Article 20: Protection in respect of conviction for offenses (protection against double jeopardy and self-incrimination).

• Article 21: Protection of Life and Personal Liberty. This is the most evolved right, now including the right to privacy, clean environment, and education.

• Article 21A: Right to free and compulsory education for children (6–14 years).

III. Right against Exploitation (Articles 23–24)

• Article 23: Prohibition of human trafficking and forced labor (begar).

• Article 24: Prohibition of employment of children (under 14) in factories, mines, and hazardous occupations.

IV. Right to Freedom of Religion (Articles 25–28)

• Article 25: Freedom of conscience and the right to freely profess, practice, and propagate religion.

• Article 26-28: Rights to manage religious affairs and freedom from religious instruction in certain educational institutions.

V. Cultural and Educational Rights (Articles 29–30)

• Article 29: Protection of the interests of minorities (language, script, or culture).

• Article 30: Right of minorities to establish and administer educational institutions.

VI. Right to Constitutional Remedies (Article 32)

Dr. B.R. Ambedkar called this article the "Heart and Soul of the Constitution." It allows citizens to approach the Supreme Court to issue Writs (Habeas Corpus, Mandamus, etc.) for the enforcement of their rights. Without Article 32, all other rights would be mere "paper rights."

2. Characteristics of these Rights

• Not Absolute: They are subject to "reasonable restrictions" (e.g., for national security or public order).

• Suspension: During a National Emergency, most rights can be suspended, except Articles 20 and 21, which remain inviolable even during war.

• Available to Non-Citizens: While some rights (like Art. 19) are only for citizens, others (like Art. 14 and 21) are guaranteed to every person on Indian soil.

3. Role of the Judiciary

The Supreme Court acts as the "Guarantor" of these rights. Through the doctrine of Judicial Review, the court can strike down any law passed by Parliament that "takes away or abridges" these fundamental human rights.