INDIAN CONSTITUTION AND ITS IMPLICATIONS FOR SOCIAL WELFARE

Dr.J.M.ARUL KAMARAJ LOYOLA COLLEGE, CHENNAI

HUMAN RIGHTS
Human rights are inseparable from social science and social work theories, values, ethics, and practice. Social work from its inception has been a human rights profession, having as its basic principle the extrinsic value of every human being. One of its main aims is the promotion of equitable social structures which can offer people security and development while uploading their dignity.

 Social workers work with clients at various levels. Micro level Individual & Family Meso -level Community Macro-level National and International Concern for human rights must be manifested by social workers at all levels. At all times social work is concerned with the protection of individual and group needs. Social workers are conscious that their concerns are closely linked with respect for human rights.

RIGHTS - INTRODUCTION
Rights literally mean those freedoms which are essential for personal good as well as the good of the community. The rights guaranteed under the Constitution of India are fundamental as they have been incorporated into the Fundamental Law of the Land and are enforceable in a court of law. However, this does not mean that they are absolute or that they are immune from Constitutional amendment. Fundamental rights for Indians have also been aimed at overturning the inequalities of pre-independence social practices.

 Specifically, they have also been used to abolish untouchability and hence prohibit discrimination on the grounds of religion, race, caste, sex, or place of birth. They also forbid trafficking of human beings and forced labour. They also protect cultural and educational rights of ethnic and religious minorities by allowing them to preserve their languages and also establish and administer their own education institutions.

FUNDAMENTAL RIGHTS - INTRODUCTION

Rights which are essential or fundamental for the well-being of a person are called Fundamental Rights. The Fundamental Rights in India enshrined in the Part III of the Constitution of India guarantee civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. These include individual rights common to most liberal democracies, such as equality before law, freedom of speech and expression, freedom of association and peaceful assembly, freedom to practice religion, and the right to constitutional remedies for the protection of civil rights by means of writs such as habeas corpus. Violations of these rights result in punishments as prescribed in the Indian Penal Code, subject to discretion of the judiciary.

 The Fundamental Rights are defined as basic human freedoms which every Indian citizen has the right to enjoy for a proper and harmonious development of personality. These rights universally apply to all citizens, irrespective of race, place of birth, religion, caste, creed, colour or sex. They are enforceable by the courts, subject to certain restrictions. The Rights have their origins in many sources, including England's Bill of Rights, the United States Bill of Rights and France's Declaration of the Rights of Man.

THE FUNDAMENTAL RIGHTS

These Fundamental Rights enable the people to live freely and happily in a Democratic set up. They are the natural rights. They are essential for good life. The Fundamental Rights guaranteed in the Constitution have been classified into 6 groups. They are Right to Equality (Article 14 to 18) Right against Exploitation Right to Freedom Right to Freedom of Religion Cultural and Educational rights Right to Constitutional remedies The chapter on Fundamental Rights has great significance on the social and political life of the country.

THE RIGHT TO EQUALITY (ARTICLES 14 TO 18)

All men are born equal and therefore they should be treated equally. Our Constitution guarantees the Right to equality for all citizens. In India, the rule of law is followed. All Citizens are equal before law. (Article 14) There is no discrimination of any Citizen on the basis of caste, religion, sex or place of birth. (Article 15). No one can be discriminated to have access to shops, public hotels, and places of entertainment etc. Similarly wells, tanks, bathing Ghats, roads and places of public resorts under the Governments control are thrown open equally to all. Equality of opportunity is guaranteed to all in matters of public employment. (Article 16) However, there are certain laws, which protect the interests of certain weaker sections of the society. For example, the Socially and Economically Backward Classes, the Scheduled Castes and Scheduled Tribes are given reservation in employment, School and College admissions, etc. Article 17 of the constitution deals with the Abolition of Untouchability. It forbids untouchability and declares its practice by anybody as a punishable offence. Article 18 of the constitution prohibits the State from conferring any titles. Citizens of India cannot accept titles from a foreign State.

RIGHT TO FREEDOM (ARTICLES 19 TO 22)

Freedom of the individual is the essence of Democracy. Therefore our Constitution guarantees every citizen the right to freedom. According to this all have freedom of thought. All citizens have equal rights to freedom of speech and expression. (Article 19). They can assemble peacefully and without arms. They can form associations or unions. They can move freely to any part of India. They can live in any part of India. They can practice any trade or occupation. No body can be punished except for the violation of law (Article 20). Every individuals life and personal liberty is protected (Article 21). The constitution lays certain norms for arrest and custody. (Article 22) Every individuals human right is safeguarded in the Constitution. But all these freedoms are not without any restrictions. One should exercise his freedom, in such a way as not to affect the freedom of the others.

 In 2002, through the 86th Amendment Act, Article 21(A) was incorporated. It made the right to primary education part of the right to freedom, stating that the State would provide free and compulsory education to children from six to fourteen years of age. Six years after an amendment was made in the Indian Constitution, the union cabinet cleared the Right to Education Bill in 2008. It is now soon to be tabled in Parliament for approval before it makes a fundamental right of every child to get free and compulsory education

RIGHT AGAINST EXPLOITATION (ARTICLES 23 & 24)

No individual can be forced or compelled to do work without wages. Women and children should not be exploited. Children should not be employed. They should not be engaged in dangerous works. Children below 14 years shall not be employed to work in any factory or mine or in any dangerous works.

RIGHT TO FREEDOM OF RELIGION (ARTICLES 25 TO 28)

The Constitution guarantees religious freedom to all citizens of India. All religions are treated alike. Freedom is given to all religious bodies to manage their affairs. The Government does not interfere in the religious practice of the people except to maintain public order.

CULTURAL AND EDUCATIONAL RIGHTS (ARTICLES 29 & 30) India is a land of many languages, scripts and cultures. There are many minority groups. They have the right to conserve their culture. They have the right to establish and administer educational institutions of their choice. The Constitution provides protection for the cultural and educational rights of all groups of people in India.

RIGHT TO CONSTITUTIONAL REMEDIES

The Right to Constitutional Remedies enables the citizens to go the Supreme Court directly when there is any violation of the Fundamental Rights.

RIGHT TO PROPERTY A FORMER FUNDAMENTAL RIGHT

The Constitution originally provided for the right to property under Articles 19 and 31. Article 19 guaranteed to all citizens the right to acquire, hold and dispose off property. Article 31 provided that "no person shall be deprived of his property save by authority of law." It also provided that compensation would be paid to a person whose property has been taken for public purposes. The provisions relating to the right to property were changed a number of times. The 44th amendment act of 1978 deleted the right to property from the list of Fundamental Rights. A new article, Article 300-A, was added to the constitution which provided that "no person shall be deprived of his property save by authority of law". Thus if a legislature makes a law depriving a person of his property, there would be no obligation on the part of the State to pay anything as compensation.

 The aggrieved person shall have no right to move the court under Article 32. Thus, the right to property is no longer a fundamental right, though it is still a constitutional right. If the government appears to have acted unfairly, the action can be challenged in a court of law by citizens. Revival With the Liberalization of the economy and Government's initiative to setup special economic zones has led to many protest by farmers and have thrown the fundamental right to private property reinstatement. The supreme Court has sent a notice to the govt questioning why the right shouldn't be brought back as in 2007 The supreme court unanimously said that the fundamental rights are a basic structure of the constitution and cannot be removed or diluted.

DIRECTIVE PRINCIPLES OF STATE POLICY

The Directive Principles of State Policy are guidelines to the central and state governments of India, to be kept in mind while framing laws and policies. These provisions, contained in Part IV of the Constitution of India. The principles have been inspired by the Directive Principles given in the Constitution of Ireland and also by the principles of Gandhism; and relate to social justice, economic welfare, foreign policy, and legal and administrative matters.

 Directive principles of State policy constitute the social and economical rights of the people in India. They are contained in (Articles 36-51) of the constitution in the government of the country and it shall be the duty of the state to apply these principles in making law. Directive Principles are classified under the following categories:

Gandhian, Economic and Socialistic, Political and administrative, Justice and legal, Environmental, Protection of monuments and peace and security

CHARACTERISTICS
DPSPs aim to create social and economic conditions under which the citizens can lead a good life. They also aim to establish social and economic democracy through a welfare state. The Directive Principles are non-justiciable rights of the people. The Directive Principles, though not justiciable, are fundamental in the governance of the country. Article 31-C, inserted by the 25th Amendment Act of 1971 seeks to upgrade the Directive Principles. If laws are made to give effect to the Directive Principles over Fundamental Rights, they shall not be invalid on the grounds that they take away the Fundamental Rights. In case of a conflict between Fundamental Rights and DPSP's, if the DPSP aims at promoting larger interest of the society, the courts shall have to uphold the case in favour of the DPSP. It shall be the duty of the State[ to apply these principles in making laws. Besides, all executive agencies should also be guided by these principles. Even the judiciary has to keep them in mind in deciding cases.

DIRECTIVES
The directive principles ensure - State shall strive to promote the welfare of the people by promoting a social order in which social, economic and political justice is informed in all institutions of life. State shall work towards reducing economic inequality as well as inequalities in status and opportunities. The State shall aim for securing right to an adequate means of livelihood for all citizens, both men and women as well as equal pay for equal work for both men and women. The State should work to prevent concentration of wealth and means of production in a few hands, and try to ensure that ownership and control of the material resources is distributed to best serve the common good. Child abuse and exploitation of workers should be prevented. Children should be allowed to develop in a healthy manner and should be protected against exploitation. The State shall provide free legal aid to ensure that equal opportunities for securing justice is ensured to all, and is not denied by reason of economic or other disabilities. The State shall also work for organisation of village panchayats and help enable them to function as units of self-government.

 The State shall endeavour to provide the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, within the limits of economic capacity, as well as provide for just and humane conditions of work and maternity relief. The State should also ensure living wage and proper working conditions for workers, with full enjoyment of leisure and social and cultural activities. The promotion of cottage industries in rural areas is one of the obligations of the State. The State shall take steps to promote their participation in management of industrial undertakings. State shall endeavour to secure a uniform civil code for all citizens, and provide free and compulsory education to all children till they attain the age of 14 years. The directive principles commit the State to raise the level of nutrition and the standard of living and to improve public health, particularly by prohibiting intoxicating drinks and drugs injurious to health except for medicinal purposes.

 It should also organise agriculture and animal husbandry on modern and scientific lines by improving breeds and prohibiting slaughter of cows, calves, other milch and draught cattle It should protect and improve the environment and safeguard the forests and wild life of the country. This directive, regarding protection of forests and wildlife was added by the 42nd Amendment Act, 1976. Protection of monuments, places and objects of historic and artistic interest and national importance against destruction and damage, and separation of judiciary from executive in public services are also the obligations of the State as laid down in the directive principles. Article 51 ensure that the State shall strive for the promotion and maintenance of international peace and security, just and honourable relations between nations, respect for international law and treaty obligations, as well as settlement of international disputes by arbitration.