Safeguarding Liberty and Equality –  A Right Against Exploitation

The notion of rights which finally came to be known as Fundamental Rights in the Indian constitution evolved to protect individual liberty, freedom of conscience, free expression of opinion, free assembly, and equality before law.

Right Against Exploitation: Combatting Exploitation

• Prevent Exploitation: With the right to liberty and equality, the Constitution includes provisions to prevent the Right Against Exploitation of vulnerable sections. 
  • Right against exploitation, prohibiting all forms of forced labour, child labour and traffic in human beings.

Protection of  Citizens From Right Against Exploitation: Banning Trafficking, Forced Labor, and Child Exploitation

• Three specific evils are identified and declared illegal to protect citizens from Right Against Exploitation.

• Human Trafficking: Constitution outlaws ‘trafficking in human beings,’ which refers to selling and buying individuals, particularly women, for immoral purposes.
• Forced Labor and Bonded Labor: The Constitution prohibits forced labor (begar) in any form. 
• Begar is a practice where the worker is forced to render service to the ‘master’ free of charge or at a nominal remuneration. 
• When this continues for a life-long basis, it is called bonded labor. 
• Child Labor: The Constitution also prohibits child labor. 
  • No one can employ a child below the age of fourteen to work in any factory or mine or in any other hazardous work, such as railways and ports.

Right to Freedom of Religion: India’s Embrace of Religious Freedom and Secular Ideals

• Religious Freedom: The right to freedom includes freedom of religion explicitly stated by the Constitution makers. 
• Secular State: India, a secular state, emphasizes impartiality towards all religions. 
• Freedom to Choose: In India, everyone is free to choose a religion and practice that religion. 
• Freedom of Conscience: Freedom of religion also includes the freedom of conscience. 
  • This means that a person may choose any religion or may choose not to follow any religion.

Understanding the  Individual Rights and Limits of Right Against Exploitation

• Freedom of Religion supporting Secularism: India’s Secular Commitment
  • India’s secularism involves equal treatment of all religions and neutrality in human-God relationships.
  • No religion is established as official, maintaining principled and equal distance from all faiths.
• Individual Religious Rights: Autonomy and Equality
  • Every person has the right to practice, profess, and propagate their chosen religion.
  • Religious groups can autonomously manage their religious affairs.
  • No taxes are levied for promoting or maintaining any specific religion or religious institution.
• Religion in Education: Religion-Free Learning
  • Government educational institutions are devoid of religious instruction.
  • Private educational institutions cannot force participation in religious instruction or worship.
• Limits on Religious Freedom: Boundaries and Equality
  • Religious Conversion: Religious propagation doesn’t justify forceful conversion by force, fraud, or allurement.
  • Voluntary Choice: Individuals can voluntarily change religion, but not through compulsion.
  • Prohibited Practices: Religious freedom doesn’t permit harmful practices like animal or human sacrifices.
  • Gender Equality: Practices infringing upon women’s freedom or treating them as inferior are restricted.
  • Government Restrictions: Government can restrict religious practices for public order, morality, or health.

Cultural and Educational Rights: Celebrating Diversity, Minority Empowerment, and the Right Against Exploitation

• Diversity as Strength: Our Constitution believes that diversity is our strength. 
• Acknowledge Minority Rights: Therefore, one of the fundamental rights is the right of the minorities to maintain their culture. 
• Inclusive Provision: This minority status is not dependent only upon religion but Linguistic and cultural minorities are also included in this provision.
• Cultural Pluralism: Thus, Indian society which is characterized by its vast diversity encompasses various cultures, languages, and religions. 

Cultural & Educational Rights: Nurturing Diversity and Equality

• Rights of Minorities: Preserving Cultural Diversity
  • Minority status is based on religious, linguistic, and cultural considerations.
  • Minorities have the right to conserve and develop their culture, language, and script.
• Minority Rights and Cultural Identity: Constitution Safeguards Minority Cultures
  • Acknowledges Diversity: The Constitution acknowledges diversity as India’s strength and ensures protection for minority cultures.
• Educational Rights and Non-Discrimination: Empowering Minority Institutions
  • Establishing Educational Institutions: Religious and linguistic minorities can establish their own educational institutions.
  • Preserving Culture through Education: These institutions help preserve and develop minority cultures.
  • Non-Discrimination in Aid: Government aid to educational institutions won’t be discriminatory based on minority status.

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