Fundamental Rights: what they are and how to enforce them

Fundamental Rights are the promises the Constitution makes directly to you, and that courts will enforce. They limit what the government can do to you. A police officer, a municipal body or a ministry cannot take them away simply because it finds them inconvenient.

What the law says

Fundamental Rights are in Part III, Articles 12 to 35 of the Constitution. They mainly bind "the State", a term defined in Art 12. It covers the central and state governments, Parliament and state legislatures, local bodies such as municipalities and panchayats, and "other authorities" controlled by the government, such as public sector companies and government universities.

A few rights also bind private persons. The ban on untouchability (Art 17), on forced labour (Art 23) and on child labour in hazardous work (Art 24) apply to everyone, not only to officials.

Under Art 13, any law that takes away or cuts down a Fundamental Right is void (has no legal effect) to that extent.

The six groups of rights

1. Right to equality (Arts 14–18): equality before the law; no discrimination on grounds of religion, race, caste, sex or place of birth; equal opportunity in public jobs; abolition of untouchability; abolition of titles.
2. Right to freedom (Arts 19–22): speech, peaceful assembly, association, movement, residence and profession (Art 19); protection against retrospective punishment, double jeopardy and self-incrimination (Art 20); life and personal liberty (Art 21); free education for children aged 6 to 14 (Art 21A); and safeguards on arrest and detention (Art 22).
3. Right against exploitation (Arts 23–24): bans on human trafficking, begar (unpaid forced labour) and employing children under 14 in factories, mines or hazardous work.
4. Right to freedom of religion (Arts 25–28): freedom of conscience and the right to profess, practise and propagate religion, subject to public order, morality and health.
5. Cultural and educational rights (Arts 29–30): the right of any group to conserve its language, script and culture, and the right of minorities to set up and run educational institutions.
6. Right to constitutional remedies (Art 32): the right to go directly to the Supreme Court to enforce the other rights. Dr Ambedkar called this the "heart and soul" of the Constitution.

The right to property was once a Fundamental Right. The 44th Amendment, 1978 moved it out of Part III. It is now a constitutional right under Art 300A: no one can be deprived of property except by authority of law.

Who can claim them

Some rights belong to every person in India, including foreigners: equality before law (Art 14), the protections of Art 20, life and liberty (Art 21), and the arrest safeguards of Art 22.

Others belong only to citizens: the ban on discrimination (Art 15), equality in public employment (Art 16), the six freedoms of Art 19, and the cultural and educational rights (Arts 29–30).

Rights have limits

Most Fundamental Rights are not absolute. The Constitution allows "reasonable restrictions". Free speech, for example, can be limited by law in the interests of public order, decency, defamation, and the sovereignty and integrity of India. But two conditions always apply: the restriction must be made by a law (not by an officer's say-so), and it must be reasonable. If it goes too far, a court can strike it down.

In Maneka Gandhi v. Union of India (1978), the Supreme Court held that any procedure that takes away life or liberty must be fair, just and reasonable, and that Arts 14, 19 and 21 must be read together. In Puttaswamy (2017), a nine-judge bench held that privacy is a Fundamental Right.

Step by step: what to do if a right is violated

1. Write it down the same day. Date, time, place, names or designations of officials, what was said and done, and who saw it. Keep every order, notice, receipt, photo and message.
2. Ask for it in writing. If an authority refuses you something, ask for a written order with reasons. A refusal to give reasons is itself useful evidence.
3. Complain to the department. Write to the officer senior to the one who acted (for police, the Superintendent or Commissioner; for a municipal body, the Commissioner). Keep proof of delivery. You can also lodge the grievance on pgportal.gov.in, which gives you a tracking number.
4. Use a commission if an official is involved. The National Human Rights Commission (NHRC) and State Human Rights Commissions take complaints against public servants free of cost and without a lawyer. File within one year of the incident on hrcnet.nic.in or call 14433. Women can also approach the National Commission for Women, and children's cases go to the child rights commissions.
5. Get free legal advice. Call 15100 or visit the District Legal Services Authority (DLSA) in your district court complex. Under the Legal Services Authorities Act, 1987, women, children, Scheduled Castes and Scheduled Tribes, persons with disabilities, people in custody, industrial workers and anyone below the state income limit get a lawyer free of cost.
6. File a writ petition. Your lawyer files in the High Court under Art 226 or the Supreme Court under Art 32. The High Court is usually the better first stop: it is closer, cheaper, and can also enforce ordinary legal rights. For an illegal detention, the petition is for habeas corpus (an order to produce the detained person) and can be listed urgently.