Fundamental Rights, DPSP, Fundamental Duties and their relevance, conflicts, usefulness in today's Era.

About last decade people are getting more aware towards their Fundamental Rights (actually that's a good sign of liberal society), But some terminologies like "Duties of Citizens", "Antinational" & "Police State" have become the buzzwords of the political landscape.

As citizen of India we are entitled to certain rights as well as certain duties and not only Citizens but state has also their directive guidelines. So we have to update ourselves about "FUNDAMENTAL RIGHTS" " DIRECTIVE PRINCIPLES OF STATE POLICY" & "FUNDAMENTAL DUTIES" .

FUNDAMENTAL RIGHTS :

Fundamental Rights which is defined as a non disposable universal rights, these are the basic human rights of all the citizens defined in part 3rd of the Constitution. These rights are enforceable by the courts in fact they got the special power through article 32. Let's see what is in Fundamental Rights.

• RIGHT TO EQUALITY:  Right to equality is provided from Article 14 to Article 18 of Indian constitution, which provides the equality before law, prohibition of discrimination on grounds of religion, race, caste, gender or place of birth, and equality of opportunity in matters of employment, abolition of untouchability and abolition of titles. But after more than 70 years racism is not ended yet because the efforts made by the States and the citizens were not enough. And the most underrated case of racism  is happening in India with the people of the North East, they're actually facing  lots of  racialism against them, because people are not much aware about their culture, tribe and their places as well & this happened only because government and Frontline Media doesn't give as much attention as they needs to be.
  
  
• RIGHT TO FREEDOM: Right to freedom is provided from Article 19 to 22 of constitution which includes freedom of speech and expression, assembly, association or union or cooperatives, movement, residence, and right to practice any profession or occupation, right to life and liberty, protection in respect to conviction in offences and protection against arrest and detention in certain cases And people of India uses these rights very well but the term Freedom of speech is sometimes also used by the people who spreads extremism, Racism, Chaos, and also bullying anyone on the internet that is also a type of violation of right of living, freedom of speech for another.
  
  
  
  

• RIGHT AGAINST EXPLOITATAION:  Right against Exploitation is provided under Articles 23 and 24 of Indian constitution. It prohibited all forms of forced labour, child labour and traffic of human beings. In India about 12 percent of all children are engaged in some form of child labour, according to a 2017 UNICEF reports.
  
  
• RIGHT TO FREEDOM AND  RELIGION: Article 25 to 28 enumerates the right to freedom of religion. For freedom of conscience and free profession, practice, and propagation of religion, freedom to manage religious affairs, freedom from certain taxes and freedom from religious instructions in certain educational institutes And sometimes by Chaotic elements or by some political parties for their personal gains they ignites a religious conflicts.
  
  
• RIGHT TO CULTURE AND EDUCATIONAL RIGHTS & RIGHT TO CONSTITUTINAL REMEDIES: Article 29 and Article 30 of Indian constitution which provides for cultural and educational rights. Preserve the right of any section of citizens to conserve their culture, language or script, and right of minorities to establish and administer educational institutions of their choice, The current scenario of Indian education policy is worse condition but new National Education policy 2020 has come so may be things will get better.  And Article 32 of Indian constitutionwhich is present for enforcement of Fundamental Rights. 

Directive principles of state policy : 

       

The concept of the DPSP is borrowed from Irish Constitution it lies in 4th part of the Constitution ( Article 36-51 ). The aim of DPSP is to fullfil principles laid down in the Preamble & serves as a guideline for the government policy making. Although DPSP is not enforceable in the court but that doesn't make the importance of the DPSP down.

In other word Indian Constitution says that DPSP's always reminds the state  that India is not a complete capitalist country also it have a kind touch of socialist , And a very important role of  DPSP is to always induce the state for welfares.

FUNDAMENTAL DUTIES: 

The concept of Fundamental Duties are borrowed from construction of Russia. It lies in IV-A part of the Constitution ( Article 51-A ) by the 42th constitutional amendment act 1976 on recommendation of Swaran Singh committee & after 86th amendment act 2002, the total no. of Fundamental Duties are 11.

List of fundamental Duties:

• To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
• To cherish and follow the noble ideals that inspired the national struggle for freedom.
• To uphold and protect the sovereignty, unity and integrity of India.
• To defend the country and render national service when called upon to do so.
• To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities and to renounce practices derogatory to the dignity of women.
• To value and preserve the rich heritage of the country’s composite culture.
• To protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures.
• To develop scientific temper, humanism and the spirit of inquiry and reform.
• To safeguard public property and to abjure violence.
• To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.
• To provide opportunities for education to his child or ward between the age of six and fourteen years (added by the 86th Constitutional Amendment Act, 2002).   
           Relativity between Fundamental Rights, Duties , DPSP  and their conflicts :
•  A theory of constitutional democracy depends upon fundamental Right & fundamental Duties but a legal order makes provision for F.R but failed to accompany them with the F.D so the result is a gap that the legislature and legal interpreter have a Dutiy to make a bridge to balance them.
  
  
• Is  vandalising Public property is a fundamental Right? 
  Citizens must have to remember Article 51-A of Constitution of India refers to F.D in the backdrop of any unforeseen circumstances.     
• During the COVID-19 crisis citizens should remember their Fundamental Duties, by following the instructions made by government & medical departments . The state should endeavors that by applying any guidelines to the citizens there should be no Infringement of their fundamental Rights.
• Global warming is the biggest threatens for all humanity , in article 21 also state that A person has a right to decent life, good environment and maintenance of the ecology. And in 51- A of our constitution States that It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures. And DPSP (article 48-A) also says the same things that the state shall endeavor to protect the environment, lakes, parks, forests and wildlife as well . 
  

  

•  “A duty well performed creates a corresponding right” -Mahatma Gandhi
  

• “Constitutional morality is not a natural sentiment. It has to be cultivated” - B.R Ambedkar
  

• “So long as you do not achieve social justice, whatever freedom is provided by the law to you will be of no avail” - B.R Ambedkar