Maharashtra Board Class 7 Civics Chapter 4 Fundamental Rights Part I PDF Download

4. Fundamental Rights – Part I

You must have seen such placards in newspapers and elsewhere. In a rally or a march, sometimes a certain demand is made, asserting it to be their right.

We get rights at birth. Every newborn baby has a right to live. The entire society and government takes efforts to ensure that the baby is in the best of health. Only when all individuals get protection from injustice, exploitation, discrimination and deprivation, will they be able to develop their skills and qualities. Demanding one's rights is insisting on creating an atmosphere conducive to the development of the self as well as the entire society. The Indian Constitution has guaranteed equal rights to all citizens in order to create this conducive atmosphere. These rights are fundamental rights.

You must be aware of children's rights. Can you name two important rights of children?

We are aware of terms like women's rights, rights of tribals, rights of farmers and so on. There emerge some questions regarding these rights:

What are the uses of rights?

Do they have to be given by somebody?

Can rights be taken away?

If rights are taken away, who should we contact for redressal?

Let's find out.

Teacher's Note

Rights are very important for all of us. In India, every person born has the right to live, go to school, and work. Just like we love our families, the government loves and protects all its citizens.

Exam Trick

Remember: Rights = Protection and Freedom. Think of your school – you have the right to learn, the right to be safe, and the right to be treated fairly. The Constitution gives these same rights to every Indian.

Points to Remember

We get rights at birth from our Constitution.
Fundamental rights protect us from injustice and discrimination.
Rights help us develop our skills and talents.
Every citizen has equal rights under the law.
The government must protect our rights.

As they are included in the Constitution, they have the status of law. It is imperative for everybody to abide by these rights.

Our Rights As Mentioned In The Constitution

Let us understand the rights of Indian citizens included in the Constitution.

Right To Equality

According to the right to equality, the State cannot discriminate among citizens as superior-inferior or as men-women and cannot give different treatment or privileges to anybody. The same law applies equally to all. Many laws give us protection. For example, we have protection from arrest without warrant. Also the State cannot discriminate while extending such protection.

The inhuman practice of untouchability that was prevalent in our country has been abolished by law. The practice of untouchability in any form is a cognizable offence. This practice has been abolished in order to establish equality in Indian society. The Constitution has also abolished titles that create an artificial hierarchy among people. For example, titles like Raja, Maharaja, Raobahadur, etc. have been abolished.

What other things are included in the right to equality?

The State cannot discriminate against any citizen on grounds of religion, caste, race, sex, descent or place of birth or residence for government employment.

The Constitution prevents the State from conferring titles that nurture inequality and draw wedges in social unity. But the State does confer awards like Padmashree, Padmabhushan, Padmavibhushan, etc. for distinguished contribution in different fields. Bharat Ratna is the greatest civilian honour or award of our country.

Medals of honour like Paramveer Chakra, Ashok Chakra, Shaurya Chakra are awarded for remarkable service in the armed forces.

Such awards don't bestow any special rights or privileges upon those who receive them. It is only a recognition of their contribution.

What are the advantages of equality before law and equal protection of the laws?

Teacher's Note

Equality means everyone is treated the same way. In our country, a rich person and a poor person have the same rights. A teacher and a cleaner have the same basic rights under the law.

Exam Trick

Remember: Right to Equality = No discrimination. Think of your classroom – your teacher cannot give special marks to one student just because he is rich. Everyone gets the same rules and treatment.

Points to Remember

The State cannot discriminate between citizens.
All people are equal before the law.
Untouchability has been abolished in India.
Artificial titles that create hierarchy are forbidden.
Same laws apply to rich and poor people equally.

Right To Liberty

This is a very important right given by the Constitution. It gives a guarantee of all the freedoms necessary from the point of view of the individual. As Indian citizens, we have the right to:

Freedom of speech and expression

Freedom to assemble peaceably

Freedom to form associations or unions

Freedom to move freely throughout the territory of India.

Freedom to reside and settle in any part of the territory of India.

Freedom to practise any lawful profession, or to carry on any occupation, trade or business of one's choice.

The right to liberty in the Constitution has guaranteed us the freedom of speech and movement, and it has also provided us security to keep us safe. This legal protection has been given to everybody equally. It is not denied to anybody. For example, we all have a right to life. It appears to be simple, but it has a deep significance. It implies getting a guarantee to live; availability of a conducive environment for living. Nobody can take away another's life. No person can be arrested and detained without any reason.

Do you have pet animals like dogs, cats, cows, buffaloes or goats? You surely take good care of them and love them.

If these animals could speak, what rights do you think they would ask from you?

Following are the actions of A, B and C. Which kind of freedom do you connect them with?

'A' established 'Adivasi Cooperation Forum' to solve the problems of the tribal people.

'B' decided to move his father's bakery production from Goa to Maharashtra.

'C' found some lacunae in the new tax policy of the Government. He wrote an article about it and sent it to a newspaper for publication.

There are some rights supplementary to the right to life. For example, nobody can be punished twice for the same offence. Before being punished, the allegations against a person have to be proved. The courts have to perform this task. The police collect evidence against the accused and put up the case in the court. Even if a person accepts that he has committed a crime, he is not punished immediately. The allegations have to be proved legally. This judicial process takes time, but it is necessary so that an innocent person does not get punished.

The Constitution has given us many rights. But we have to exercise these responsibly. We should take care that others do not get affected by our behaviour. We have the freedom of expression but we cannot speak or write anything that might incite anybody to violence.

The right to liberty now also includes the Right to Education. All children between 6 and 14 years of age are entitled to get education as a Fundamental Right. This ensures that no child will be deprived of education.

Teacher's Note

Liberty means freedom to do things. You can speak your ideas, travel anywhere in India, and choose your job. But you must not hurt others while doing these things. Like in school, you have freedom to play, but you cannot play in a way that hurts your friends.

Exam Trick

Remember: Right to Liberty = Freedom with responsibility. You can speak freely, but you cannot speak bad things that make people fight. You can move freely, but you cannot go to dangerous places.

Points to Remember

We have freedom of speech and expression.
We can move freely anywhere in India.
We can choose any job or profession we like.
We can form groups and associations for good purposes.
Children from 6 to 14 years must get free education.

Right Against Exploitation

The right against exploitation implies the right to prevent exploitation.

While the Constitution has banned all types of oppression through the right against exploitation, it has made a special provision to prevent the exploitation of children. Accordingly, it is prohibited to employ children under 14 years of age in hazardous places. Children cannot be employed or made to work in factories and mines.

Exploitation includes bonded labour or forcing somebody to work against his/her wish, treating somebody like a slave, denying them legitimate compensation, making them do excessive or strenuous work, starving them or ill-treating them. Generally women, children, the weaker sections of society and powerless people are exploited. This right enables us to stand up against any kind of exploitation.

Children are not employed here.

Workers are paid daily here.

You see such boards in shops and hotels. In what way are they related to the above rights in the Constitution?

The Government has made many laws in order to prevent exploitation and to enable every individual to enjoy their freedom. Some laws have been mentioned below. Find out if there are more such laws and discuss them.

Minumum Wages Act - Provisions relating to working hours, rest hours, etc. in factories.

The Protection of Women from Domestic Violence Act: .................

Teacher's Note

Exploitation means making someone work hard without fair payment or treating them badly. In India, no child under 14 can work in factories or mines. This protects children so they can go to school and play like normal children.

Exam Trick

Remember: Right Against Exploitation = No forced work. Think of your maid or driver – they must be paid fairly and cannot be forced to work extra hours without rest. Children must go to school, not work.

Points to Remember

Children under 14 cannot work in factories or mines.
No one can be forced to work without payment.
Workers must get fair wages and rest time.
Women are protected from domestic violence.
Everyone has the right to refuse unfair work.

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