STRUCTURE

Introduction – A short introduction to Fundamental duties ( 15 words)

Body – Explain link between Fundamental rights & duties and explain importance of Fundamental duties(120 words)

Conclusion – Explain how duties are related to rights (15 words)

ANSWER

Two important features of Indian constitution are Fundamental rights & Duties. A right is simply what a person can do. It refers to a privilege conferred on an individual or a group by virtue of his membership of a political community. A duty (or legal obligation) is what a person is obliged to do. It means responsibility.

Indian Constitution provides its citizens with the Fundamental Rights and lists the Fundamental Duties to be followed by them. The Constitution covers a broad spectrum of domains to protect the rights of the common man by introducing six rights as Fundamental Rights (Part III of the constitution).

CONCEPT OF DUTIES

• The Fundamental Duties are also emphasized upon by the Constitution (Part IVA of the constitution).As citizens, there exists a wide range of duties that bind us in everyday life. These duties are owed both to the state and to individuals.
• The Fundamental Duties’ are defined as the moral obligations of all citizens to help promote a spirit of patriotism and to uphold the unity of India.
• The fundamental duties requires all citizens to respect the national symbols of India, the constitution, its heritage and to preserve its culture and assist in defence. The duties mandate the spirit of brotherhood, protect public property, and the environment, avoid violence and strive towards excellence in all spheres of life.
• There is a legal duty to pay taxes, to refrain from committing violence against fellow-citizens, and to follow other laws that Parliament has enacted.
• Breach of these legal duties triggers financial consequences (fines), or punitive measures like imprisonment.
• Duties follow a simple logic that, peaceful co-existence requires a degree of self-sacrifice, and that if necessary, this must be enforced through the set of sanctions.

CONCEPT OF RIGHTS

Rights are formulated to ascertain twin principles viz. Anti-dehumanisation and Anti-hierarchy. In India, this can be reflected in a chapter on Fundamental Rights in the constitution.

• Rights as a bulwark against dehumanisation:
  • Framers of the Indian Constitution while deliberating on Fundamental Rights were of the view that every human being should have access to basic dignity and equality that can not be taken away the State.
  • The necessity for Fundamental Rights in India originated from the experiences under the colonial regime where Indians had been treated as subjects.
  • For example, the colonial government declared some group of people as Criminal Tribes, who were treated as less than human.
• Rights as a stand against hierarchy:
  • Indian society has been divided on the lines gender, caste and religion.
  • Fundamental Rights, at a basic level, ensure the protection of all the citizens, not only from the State but from the social majorities as well.
  • For example, through guarantees against forced labour, against “untouchability”, against discriminatory access to public spaces, and others, fundamental rights sought to bring a transformation in the Indian society.

IMPORTANCE OF DUTIES

• As indicated above, duties exist in every sphere of society. However, it is the language of duties that can play an important role in a society like India that continues to be divided and unequal.
• Any duty imposed upon the citizens must comply with due process of law.
• The concept of 'due process of law' holds that no person shall be deprived of life, liberty or property except in accordance with the explicit provisions of law and with due regard to his rights.
• Without the moral compass of rights and their place in the transformative constitutional scheme, the language of duties can lead to unpleasant consequences.
• A good example of this is a Supreme Court judgment from the early 1980s, which upheld the differential treatment of male and female flight attendants on the ground that women had a “duty” to ensure the “good upbringing of children” and to ensure the success of the “family planning program” for the country.

In this light, it is always critical to remember Dr B.R. Ambedkar’s words in the Constituent Assembly that the fundamental unit of the Constitution remains the individual. Interpretation of ‘Duties’ and the debate around it should include the duties of those with power.