Indian Constitution , fundamental duties and we

Constitution, fundamental duties and we
Md. MH Barbhuiya

The Constitution of India is the supreme law of the land, comprising the basic rights and liberties. There is a dedication to the people who formed it. Starting from the Preamble, the Fundamental Rights and the Directive Principles of State Policy are nothing but the components to achieve the goal of a social welfare State where the citizens’ rights, liberties and freedom will be secured and protected; where there will be no discrimination on the basis of any adverse classification and so on. The Constitution comprises civil, political, economic, social, cultural and religious rights. Considering its comprehensiveness, the Constitution of India is regarded as one of the best Constitutions in the world.

But in spite of the comprehensiveness of the Constitution in all aspects, India is still in the list of developing countries. The rate of development is very slow. Peace, tranquillity and harmony are on the decline. There is widespread unrest. People are feeling insecure. Women cannot move freely and girl children face discrimination. Schoolchildren have to escorted for fear of abduction. Workers cannot speak against their employers. The poor, but honest and righteous, cannot speak in front of the rich and privileged class. Government funds are sanctioned for the development of the country, but the work is completed on paper and not in practice. Why?

One of the reasons for the above problems is our lesser response to the duties imposed on us. Eminent jurist, Hohfield in his Fundamental Legal Conceptions says: "Rights and duties are correlated." In the absence of one, the other cannot function properly. Unless we give equal response to our duties both legal and moral, codified laws will not be sufficient to combat the irregularities in the society. If due regard is not paid to the duties imposed on us, we cannot expect peace and tranquillity in the society. We cannot expect development either, nor can we expect a secure life where dignity and worth of all human beings, irrespective of sex, caste, creed, race, religion, place of birth, ethnic origin, will be protected.

Duty means an act which one ought to do or ought not do, considering the facts and circumstances in a given situation. It is the guide of one’s activities. It prescribes a person’s behaviour, primarily for some purpose other than his own interests.

Rights and duties are inter-related. One cannot exist without the other. They are connected with each other like the organs of our body. If one organ of the body is missing, the total system suffers. Similarly, in the legal system also, if the rights and duties are separated from each other or if the required response is not given, then the legal system cannot develop.

The Father of the Nation, Mahatma Gandhi, was once asked to give his thoughts on the Universal Declaration of Human Rights. He said, "The source of right is duty. If we all discharge our duties, rights will not be far to seek. If leaving duties unperformed, we run after rights, they will escape us like will-o’-the-wisp, the more we pursue them, the further they will fly."

Article 51-A has been inserted in the Constitution by the Constitution 42nd Amendment Act, 1976 in accordance with the recommendations of the Swaran Singh Committee which, though widely known, may be reproduced for reasons of convenience:

It shall be the duty of every citizen of India....

a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem,

b) to cherish and follow the noble ideals which inspired our national struggle for freedom,

c) to uphold and protect the sovereignty, unity and integrity of India,

d) to defend the country and render national service whenever called upon to do so,

e) to promote harmony and the spirit of common brotherhood, among all the people of India, transcending religious, linguistic, regional and sectional diversities to renounce practices derogatory to the dignity of women,

f) to protect and preserve the rich heritage of our composite culture,

g) to protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures,

h) to develop the scientific temper, humanism and the spirit of inquiry and reform,

j) to safeguard public property and abjure violence

k) 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.

Article 21 of the Universal Declaration of Human Rights which is the first in its kind in the history of mankind also enumerates some duties not only upon the State but also upon the individuals.