Date:- 03.06.2016
Article 21 is
the milestone to the Indian constitution. Among all the fundamental rights, it
is considered as one of the most important and unique. It not only provides us
the right to move freely but also provides a unique identity to its people.
This article has seen many changes since from the date of its incorporation in
the constitution. And according to me the changes made were good. The people of
this country have a lot of expectations from this article as this article has
been turned into a safeguard against arbitrary legislation. The scope of this
Article 21 have been expands over the years through judicial pronouncements
over the years.
I humbly accept
all the provisions which have been stated in our great Indian Constitution
related with this article 21. But the main purpose of writing this paper is to
show that whether these provisions are really implemented or lawfully followed
by the legislators and executives. When I first read about my rights, I was
very much happy and proud that the great framers of our Constitution provided
us an immunity and protection against the ill diseases of the state. They never
let us realised that we the people are common and the bureaucrats and the
leaders governing the state are very special and important. They always tried
to show us and assure that the bureaucrats and leaders are for us, there work
is to protect us, watch every people from same eye, to punish such people who
are against the laws of our country and disturb the peace of our society, to
provide equal opportunity to everyone according to the provisions stated by the
constitution.
But when I see
the situations around me I feel at that moment that all the provisions and laws
are only for name. There is still a huge gap between a VIP and a common person.
The reality is that we are not equal. The Article 14 of Indian Constitution
that states, equality before the law and equal protection of law, are not equal
for all in our country as I feel. If there is equality then why it happens that
a person having MBA degree or B.Tech degree or Phd. are applying for the posts
of peons and why such people who don’t have any good grades and eligible
qualifications have occupied very responsible and important chairs. Why it
happens that the Police have to struggle months to catch a murderer or any
criminal but when a VIP’s dog is lost then it is being traced within hours. The
common prisoners’ in jail have to wait years and years to get out from jail on
parole only for few days, but when a Film Star or any other big VIP is in jail
they easily gets parole of even one month. Is it equality? If yes, then
honestly speaking I don’t need the immunity of Article 14.
I would not
blame the guardian of the Indian Constitution i.e. the Supreme Court because it
had taken all the necessary precautions to safeguard the rights of the people
of India. In the famous case of A.K. Gopalan v. State of Madras,
(1950) SCR 88, the Apex Court held that protection under Article 21 is
available only against arbitrary executive action and not against arbitrary
legislative action. In the same case the Apex Court held that personal liberty
would only mean liberty relating to the person or body of the individual.
However, in the
landmark case of Maneka Gandhi v. U.O.I, AIR 1978 SC 597, The Apex
Court overruled its judgment in the Gopalan Case by widely interpreting Article
21. It stated that the protection under Article 21 should be available not only
against arbitrary executive action but also against arbitrary legislative
action. It pronounced the expression ‘Personal Liberty’ in Article 21 is of the
widest amplitude and it covers a wide range of rights that go to constitute the
personal liberties of man.
We have a right
to move freely in any place which is lawful and not restricted by law. But many
times I have seen that all the shops, schools and colleges are forcibly closed
by the political supporters of different political parties. Generally we used
to see “Dharna and Band” where the supporters on the order of their leaders
used to completely stops everything because of which we the common people have
to face many difficulties. We are not allowed to move freely at that time only
because of the supporters of the legislators.
There is a part
of Article 21 i.e. Article 21A, which was inserted in the constitution by the
Eighty-sixth Amendment Act, 2002. This Article provides that-
“The state shall
provide free and compulsory education to all children of the age of six to
fourteen years in such manner as the state may by law, determine.”
This Article
also states that the child should not be restricted only to free and compulsory
education, but it should be extended to have quality education without
discrimination on the ground of child’s economic, social and cultural
background.
But it seems
that the situation is quite different. The education system in India especially
government sponsored institutions are in a pathetic condition. The reality is
that there is school buildings in rural areas no doubt about this, but there is
no teacher in that schools to teach the students. There is no systematic
education system in rural areas where there is the maximum number of children
between the age group of 6-14 who are entitled for free education under Article
21A. The quality of teachers in such elementary and primary schools is so poor
that the teachers are required to be getting admitted again in schools. The
quality of education in such areas are very much poor. The main reasons behind
this are poverty, lack of good teachers, and lack of proper infrastructure
facilities etc.
The main motive
of writing this paper is not to count the drawbacks of the fundamental rights
but to show that the dreams which the great framers of our constitution seen
for the people of India has been completely reversed.
Reference:- Lawyers Club Of India
Contributed by Satyam Mishra
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