Fundamental rights as human rights, and fundamental duties

Human rights and fundamental rights

Human rights are rights that every person has simply by being human. In 1948 the United Nations General Assembly adopted the Universal Declaration of Human Rights. It lists rights such as equality before law, freedom from discrimination, and life, liberty and personal security. Others include free movement, education, marriage and family, and freedom of thought, conscience and religion. It also covers peaceful assembly and taking part in cultural life. Many of these became fundamental rights in India. Others were placed in the Directive Principles of State Policy, which guide the government. In 1993 India set up the National Human Rights Commission to help protect them.

Human rights are universal, fundamental and absolute

• Universal: they belong to all people everywhere.
• Fundamental: they cannot be taken away; they are inalienable.
• Absolute: they are basic to a truly human life.

Human rights that are fundamental rights in India

The fundamental duties of every citizen (Article 51A)

• Abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
• Cherish and follow the noble ideals of the freedom struggle.
• Uphold and protect the sovereignty, unity and integrity of India.
• Defend the country and do national service when called upon.
• Promote harmony and brotherhood among all people across religion, language and region, and give up practices that insult the dignity of women.
• Value and preserve the rich heritage of our composite culture (a culture made of many traditions).
• Protect and improve the natural environment, including forests, lakes, rivers and wildlife, and have compassion for living creatures.
• Develop scientific temper, humanism and the spirit of inquiry and reform.
• Safeguard public property and give up violence.
• Strive for excellence in every sphere of individual and group activity.
• Added later: a parent or guardian must give their child aged 6 to 14 opportunities for education.

How the duties came into the Constitution

1. 1950
   The Constitution comes into force on 26 January 1950 with no list of duties. Citizens were expected to do their duties willingly.
2. 1976★
   The 42nd Amendment adds ten fundamental duties in Article 51A.

   Article 51A sits in Part IVA, placed just after Part IV; your NIOS lesson and the sample marking scheme call it Part IV.
3. 2002
   The 86th Amendment adds an eleventh duty for parents and guardians, together with the Right to Education (Article 21A).

   Your NIOS lesson mentions this duty after the Right to Education Act, 2009.

★ key step

Fundamental rights and fundamental duties compared

Some duties use hard words like 'composite culture', 'humanism' or 'excellence in all spheres'. So many people want the duties simplified, made more practical, and where possible made enforceable.