Fundamental Rights

Subject: Civics and Moral Education

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Overview

Therefore, fundamental rights refers to that civil and political rights of the citizen provided by state in a democratic country in order to develop their personality and growth as legalized in accordance to its different forms. In order to utilize rights one should be attentive towards its limitation and role of duties which are meant to be fulfilled in the way of exercising rights.
Fundamental Rights

Every citizen of a country is given co-proper different right which enables them to live their life in a more comfortable way. Related to this, the constitution has granted their citizens some of the rights that comes under constitutional law and that are meant to be the fundamental rights. Such rights enable one to live as a member of civilized society.

Source : www.indif.com Fig :Fundamental Rights
Source : www.indif.com
Fundamental Rights

Rights are the backbone of personality development. One can live the prosperous life with the proper use of severe rights. Rights are of different forms. The rights provided by society and family can differ from that of rights provided by the state. Among these, the right provided by the state is very important. All the country doesn’t provide fundamental rights to its citizens. Citizens are granted the chance to enjoy fundamental rights only in a democratic country. The democratic country is where the will of the people or citizens are respected. The democratic country is only the country where citizens get an opportunity to utilize their rights.

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The basic rights of the citizens written in a constitution are called fundamental rights. Hence, it is to be said that fundamental rights fall under those rights which are provided by the constitution of a democratic country to its citizens.

Universal Declaration of Human Rights was first originated in 1948s when people raised their voice against freedom and protection after second world war. The concept of preserving dignity and worth of each human was assured through respecting them. As per the declaration, basic rights such as a right to personal security, right to education, right to vote and like as many other was made for the citizens. Under the constitution right to election, right to legalize as candidate and right to march a rally too were made. Following this, different country worldwide included such basic rights in their own constitution with the view of providing human rights to their people. Human rights are those rights which assure the right of every individual and enhance the sense of brotherhood, affection, equality as each and every citizen of the country possesses the obligation of same rights.

Fundamental Rights of the citizen

Every citizen is supposed to live their life in the way they want without affecting the pattern of rules and regulations of a country. For this, each citizen should be allowed to develop their living standards in a competitive world. Regarding the issue constitution has made provisions for different types of rights for the citizens and some of them are as follows :-

Right to equality

There are a number of people in our country who belongs to the different race, religion and culture. Each individual has a distinct identity.

source :www.slideshare.net Fig :Fundamental rights presentation
source :www.slideshare.net
Fundamental rights presentation

As per the law, all are equal. Neither one is treated very well and the other is avoided nor are biased. Helping women, children, old aged people and disabled one as serving other are meant to be mentioned under rights to equality and since the sense of equality could be practiced in a better way.

Right to freedom or liberty

Every citizen is a distinct individual. Each individual may explore plenty of ideas. Differentiation in ideas may result in severe expression to thoughts. Hence, all citizens are to be provided with the right to freedom where they can open up freely. Also, right to move freely, freedom in engaging in any kind of work, trade, and industry is to be certified by the law of nation for developing the personality all falls under the right to freedom or liberty.

Right to criminal justice

Surely, the person who involves in the criminal act would be punished but without any involvement in crimes or without exact criminal evidence, no person is meant to be punished again for the same case and shouldn’t be enrolled in a court of law for the same offense, twice.

Right to property

Law of the nation has provided the right to property to citizens which states the fact that every will have the right to gain or sell the properties as per their want. An exceptional case of issuing legal process to seize the property of citizens for public propose only would be considered. If some of the personal property for public welfare are to be acquired then, it should pay a certain compensation according to the law.

Right against exile

No citizen will ever be exiled or banished for any reasons.

Right to constitutional remedy

If citizen ever felt their rights are being violated then they have right to issue the file in the supreme court as the right to security is guaranteed to each citizen.

Right regarding publication, broadcasting, and press

It regards the right to the freedom of communication and expression through various mediums including various electronic media and published materials. While such freedom mostly implies the absence of interruption from an overreaching state, its preservation may be investigated through constitutional or other legal protections.

Right to religion

Every person is granted to follow the religion in accordance with their will. No one can interfere with their practice nor anyone have right to dominate the next religion. People of each religion have the right to maintain their distinct existence. No means of discrimination in the name of religion are to be made. Each religion has the right to protect own religious wealth, religious places, trust, and faith.

Education and cultural rights

Being Nepali, all Nepali citizens have right to acquire the basic education in own mother tongue which is privileged by the law of the state so as nation law have mentioned every citizen shall have the right to receive free education from the state up to the secondary level. Every culture differs from places to places and person to person thus no obligation are supposed to make from any other cultural perspective in the case if no means of law are hindered.

Right to social justice

There are a number of groups of people who are discriminated and are kept apart from any developmental involvement. Women, indigenous groups, poor, laborers, and Dalits are most probably economically and socially backward groups. The state should maintain the basis for equality for all. Right of social justice implies to overtake the right for participation in restructuring the state for all those who are deprived of utilizing the rights for years.

Rights regarding justice

Right to justice initially, means the kind of strategy of improving an access to courts under which no person shall be accused without any basis for to be arrested. A person who is being arrested would have right to consult the legal advisor or practitioner. Under this principle, confidential too could be implied according to which the consultation made by the person who seeks the aid of legal practitioner and legal prostitution would remain confidential.

Right against preventive detention

When the person is accused of criminal acts and is he/she is believed for being threats to society, then knowingly, he/she is imprisoned. But, imprisonment without a trial of a person identified to be the danger to the society. No person is supposed to hold under legal action. Without any sufficient base to believe the existence of an immediate threat to the integrity and law of society, no person would be accused.

Right against torture

Any person accused of a case is not meant to be treated in a cruel, inhuman way. No person shall be referred to physical or mental torture during trial, investigation of for other cause.

Right to information

Right to information includes attaining the information on any matter concerning own or to the public. As per this, every citizen shall have the right to demand or obtain any information without hindering state’s rules and regulations.

Right to privacy

Privacy in own personal things, privacy in own relational affairs, property, documents, correspondence or either residence is considered only in a case if the law is not being affected in any ways.

Right against exploitation

Every person shall have the right to raise voice against any kind of exploitation. In any case of exploitation in accordance with tradition, custom and practice, one could knock the door of law. No person is to be subjected to slavery, violence human trafficking.

Right regarding labor

Labor rights are a group of legal rights. It is claimed that human rights having to do something with labor relations between workers and their employers. It is usually obtained under labor and employment law. In general, these rights debates have to do with negotiating workers' pay, benefits, and safe working conditions. Labor rights can also take in the form of worker's control and worker's self-management in which workers have a democratic voice in decision and policy making of fundamental rights.

The constitution of our country has made provision from the following rights in addition to following fundamental rights :-

Right against untouchability and racial discrimination

Untouchability and racial discrimination are not supposed to be practiced. Any person on the basis of his/her distinct culture, tradition, occupation, race or community is not to be subjected to untouchability or racial discrimination. In any cases of evidence for such practice are found, it directly would be the reason for punishment by law or would be responsible for compensation.

Right regarding employment and social security

Every citizen is free to choose an occupation for own. Every citizen shall have a right to employment as provided by the law. And women, children, old aged people, disables who are the subject for to assist are meant to be provided security service.

Right of women

Not any physical or mental or any other form of violence are to be imposed on women. As per gender, no women is preferred to be

source :www.womenlawsindia.com Fig :WOMEN RIGHTS IN NUTSHELL PROGRAM
source :www.womenlawsindia.com
Women Rights

discriminated. Any right related to reproductivity or reproductive health are meant to be provided. And in any case of deteriorating this right, discriminatory acts would be punished.

Rights of children

Every child shall have the right to be nurtured and get basic health and social security. Hence, no child is meant to be physically or mentally tortured. Every child has access to practice the right to his/her own identity and name. Therefore, if any means of a hindrance found made during exercising the right, the punishment would be determined by the law.

Limitations of Fundamental Rights

Clap can’t be done with one hand only. If we willing to practice the right then, we must be aware of some of the cautions along its way, too. We should be aware enough about exercising the right. We must practice right in such a way that it won’t affect the pattern of other’s way of using right. One should exercise his/her right that it won’t make any change in peace, security, other peoples' life, society, and state. For example:- If we have a freedom to raise voice against exploitation then, we must not forget any person under us are meant to be exploited too, in any other ways. While exercising our fundamental rights, we must be conscious enough to keep ourselves within the boundary of rules which doesn’t enable us to harm other people, society or state. Public welfare is meant to keep in mind while practicing our fundamental rights.

Relationship between Rights and Duties

Rights and duties are like two sides of the same coin. They are integral parts. If a person wishes to exercise his/her rights, he must not forget about fulfilling his/her duties, too. Duties are to be fulfilled first in order to obtain rights. If attaining information is our right

Source : polsci307.wordpress.com Fig : A Taxonomic Structure of Rights
Source : polsci307.wordpress.com
A Taxonomic Structure of Rights

then preserving such information for the nation is our duty.

If we want to enjoy all the rights, then we should keep in mind that all rights are to be prioritized equally, which comes under duties. Hence, rights and duties both complement each other.

To balance rights and duties, the presence of law and state is a must. Without state nor any rights will be practiced nor any means of duties will be fulfilled. State and people to have a complementary relation with each other. The state is meant to be equal for all it was developed to provide people equal justice and equality hence if a state takes care every need of citizen, provide security to the people then, its duty of people or every citizen never to break state’s rules and regulations and should assist in its functioning.

We, people, always tend to utilize our right more and more in an extreme way. But if rights are practiced in that speed then duty are to be fulfilled in equal speed. More we are conscious about our right, the more we can utilize our rights. If we fulfilled our duties in that adequate manner, then we too can exercise our rights that way.

Things to remember
  • Fundamental rights are civil and political rights of the citizens provided by law to the citizensin a democratic country.
  • Fundamental rightsrights enhances personal growth of every citizens.
  • Different forms of rights are prioritized by constitution for welfare of citizens.
  • Every rights directly praise living standard of people.
  • Every citizen should be concious about limitations of fundamental rights.
  • Rights and duties are like two sides of same coin. In order to practice rights, duities are must to be fulfilled

 

  • It includes every relationship which established among the people.
  • There can be more than one community in a society. Community smaller than society.
  • It is a network of social relationships which cannot see or touched.
  • common interests and common objectives are not necessary for society.
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Questions and Answers

The basic rights of the citizens written in a constitution are called fundamental rights.

The Universal Declaration Of Human Rights was first originated in 1948s when people raised their voice against freedom and protection after second world war.

Human rights are those rights which assure, the right of every individual and enhance the sense of brotherhood, affection, equality since each and every possesses the obligation of same rights.

Right to equality means giving equal Rights to everyone. It does not mean one is treated very well and the other is avoided.

Right to Criminal Justic means the person who involves in the criminal act would be punished. But, no person is meant to be  punished  without any involvement in crimes or without exact criminal evidence.

The Rights of Children means, every child have a right to be nurtured, have rights to basic health and social security.  Hence, no children are meant to be physically or mentally tortured. Every child has access to practice the right to his/her own identity and name. Any means of hindrance is to be made during exercising the right, the punishment would be determined by the law.

Rights are the backbone of personality development. The basic rights of the citizens written in a constitution are called fundamental rights. The Five Fundamental Rights of the citizen are as follows:

1. Right to property

Law of the nation has provided the right to property to citizens. It  states the fact that everyone will have the right to gain or sell the properties as per their want. An exceptional case of issuing legal process to seize the property of citizens for public propose only would be considered. If some of the personal property for public welfare are to be acquired then, it should pay a certain compensation according to the law.

2. Right to constitutional remedy

If citizen ever felt their rights are being violated then they have right to issue the file in supreme court because each right to security are guaranteed to each citizen.

3. Right regarding publication, broadcasting, and press

It regards the right to the freedom of communication and expression through mediums including various electronic media and published materials. While such freedom mostly implies the absence of interference from an overreaching state. Its preservation may be sought through constitutional or other legal protections.

4. Education and cultural rights

Being Nepali, all Nepali citizens have right to acquire the basic education in own mother tongue. It is privileged by the law of the state. The  law of Nation have mentioned every citizen shall have the right to receive free education from the state up to the secondary level. Every culture differs from places to places and person to person thus no obligation are supposed to make from any other cultural perspective in the case if no means of law are hindered.

5. Right to social justice

There are a number of groups of people who are discriminated and are kept apart from any developmental involvement . Women, indigenous groups, poor, laborers, and Dalits are most probably economically and socially backward groups. The state should maintain the basis for equality for all. Right of social justice implies to overtake the right for participation in restructuring the state for all those who are deprived of utilizing the rights for years.

Labor rights are a group of legal rights. It is claimed that  human rights have to do something with labor relations between workers and their employers. It is usually obtained under labor and employment law. In general, these rights debates have to do with negotiating workers' pay, benefits, and safe working conditions. Labor rights can also take in the form of worker's control and worker's self management in which workers have a democratic voice in decision and policy making.

According to the Rights regarding employment and social security, every citizen is free to choose an occupation for own. Every citizen shall have a right to employment as provided by the law.  It helps the  women, children, old aged people, disables who are the subject for to assist are meant to be provided security service.

As we know that every citizen is a distinct individual. Each individual may explore plenty of ideas. Differentiation in ideas may result in several expression to thoughts.  Hence, all citizens are to be provided the right to freedom where they can open up freely. Also, right to move freedom in engaging in any kind of work, trade and industry are to be certified by the law of nation in order to develop their personality.

As we know that Rights and duties are like two sides of the same coin. They are integral and inseparable parts. If a person wishes to exercise his/her rights he must not forget about fulfilling his/her duties, too. Duties are to be fulfilled first in order to obtain rights. If attaining information is our right then preserving such information for the nation is our duty. If we want to enjoy all the rights, then we should keep in mind that all rights are to be prioritized equally, which comes under duties. Hence, rights and duties both complement each other.

To balance rights and duties, the presence of law and state is a must. Without state nor any rights will be practiced nor any means of duties will be fulfilled. State and people to have a complementary relation with each other. The state is meant to be equal for all it was developed to provide people equal justice and equality hence if a state takes care every need of citizen, provide security to the people then, its duty of people or every citizen never to break state’s rules and regulations and should assist in its functioning.

We, people always tend to utilize our right more and more in an extreme way. But if rights are practiced in that speed then duty are to be fulfilled in equal speed. More we are conscious about our right, the more we can utilize our rights. If we fulfilled our duties in that adequate manner, then we too can exercise our rights that way.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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