Crime Research Investigation Agency of India Agency of India organisation’s wants to say about the peoples's own Rights and Duties, The Constitution gives us six fundamental rights. The following are the fundamental rights given by our Constitution.
Right to Freedom
Article 19 to 22 of the Constitution deal with the right to Freedom. This right include the following six freedom of citizen of the country: a) Freedom of speech and expression: It need not to be mentioned as to how important the freedom of speech and expression in democracy is. A democratic government attaches a great importance to this freedom, because without freedom of speech and expression the basis of democracy can not be made. b) Assemble peaceably and without arms: This is the next right of citizen to assemble peacefully and without arms. Calling an assembly and putting one’s views before it is also intermixed with the right to speech and expression discussed above. c) Form association or unions: The freedom of association includes freedom to hold meeting and takeout processions without arms. Right to form association for unions is also guaranteed so that people are free to have the members entertaining similar views. This right is also subject to some restriction: Sovereignty and integrity of India, public order and morality. d) Move freely, throughout the territory of India: This right is given under article 19(1)(d). There is also some restriction fall on this right: interest of the general public and interest of any Scheduled Tribe. e) Reside and settle in any part of the territory of India: This right says that the citizen of India has the right to reside in any part within the territory of India. f) Practice any profession or to carry on any occupation, trade or business. This freedom is those great and basic rights which are recognized as the natural right of the citizen. At the same time none of this freedom is absolute but subject to reasonable restriction specified under clause (2) to (6) of the article 19. This restriction is imposed only on the following condition: a) The restriction can be imposed by law and not by any executive order. b) Restriction must be reasonable. c) Must be imposed for achieving one or more of the objects specified in the respective clauses of article 19.
Right to Freedom of Religion:
With Article 25 begins a group of provisions ensuring equality of all religions thereby promoting secularism. Article 25 give all the person the following right: a) Freedom of conscience, and b) The right freely to profess practice and propagate religion. The Supreme Court in State of Karnataka Vs Dr. Praveen Bhai Thogadia, (2004) held that secularism means that State should have no religion of its own and each person must get an assurance from the state that he has the protection of law to freely profess, practice and propagate his religion and freedom of conscience. This right not only limited to the citizen but to all person including aliens and individuals exercising their rights individually or through Institution. Although no clear cut distinction is possible, yet it may be said that while Article 25 discussed above protect the religious freedom of individual.
Right to Equality:
Article 14 to 18 of the Constitution deal with equality and its various facets. The general principle finds expression in article 14. Article 14 says that “the state shall not deny to any person equality before the law or equal protection of the laws within the territory of India. The expression ‘equality before the law’ is a declaration of equality of all persons within the territory of Indi, implying thereby the absence of any special privilege in favor of any individual. Every person whatever is his rank is subject to the jurisdiction of the ordinary courts. The second expression ‘equal protection of the laws’ based on the last clause of the first section of fourteenth Amendment of American Constitution that equal protection shall be secured by all the person of the country. Article 14 apply to all person not only limited to citizens. But there is some confusion that all persons are not equal in all respects. Application of the same laws uniformly to all of them will, therefore, be inconsistent with the principle of equality
Cultural and Educational Right [Rights of Minorities]:
The word minority has not been defined in the constitution. Supreme Court said that minority should be determined in relation to a particular impugned legislation. The determination of the minority should be based on the area of operation of a particular piece of legislation. Interest of the minority should be protect by the following right: a) Any section of the citizen residing in the territory of India or any part thereof having a distinct language and culture of its own has the right to conserve the same. Thus citizen from Tamil Nadu or Bengal has the right to conserve their language or culture if they are living in Delhi a Hindi speaking area. b) No citizen can be denied in the admission into any educational institution maintained by the state or receiving aid out of state funds on ground only of religious, race, cast, language or any of them.
Right Against Exploitation :
Article 23 and 24 of the constitution of India deal with this right. Taking them one by one they guarantee certain right by imposing certain prohibitions not only against the state but also against private persons. a) Article 23 imposes a complete ban on traffic in human beings, federal and other similar forms of forced labor. The contravention of these provisions is declared punishable by law. Thus a person who is asked to do any labor without payment or with payment less than his desire can complain against the violation of his fundamental right. b) Prohibition of employment of children: Article 24prohibits the employment of children below fourteen year’s in any factory. The Supreme Court issued detailed guidelines as to child labor M.C.Mehta Vs State of T.N. AIR 1993 S.C 699.
Duties and responsibilities of Officers concerned :
The officers responsible for approval of plan/specification and issue of permit shall ensure satisfaction of all rules and regulations in force, while issuing permit and approving plan/specification. They shall also ensure that the works are being carried out in accordance with the requirements of these rules. For any approval in violation of rules/regulations & constructions thereon the officers concerned will also be held responsible.
Duties and responsibilities of the owner
(1) The granting of the permit or the approval of the drawings and specifications or inspections made by the Secretary during the erection of the building shall not in any way relieve the owner of such building of the responsibility for carrying out the work in accordance with the requirement of these rules. (2) Every owner shall;- (a) permit the Secretary or any person authorised by the Secretary or by the Government for this purpose to enter the plot or building or premises at any time between 7 a.m. and 6 p.m. normally or at any other time as may be deemed necessary for the purpose of enforcing the rules; (b) submit a proof of ownership of the plot; (c) obtain from the Secretary, sanction for any other allied matter connected with the development or redevelopment of land or construction or reconstruction or addition or alteration of building; (d) give notice to the Secretary of the intention to start work in the form in Appendix D; (e) give written notice to the Secretary regarding completion of work in the form in Appendix E; and (f) obtain a development certificate from the Secretary prior to any sale or transaction of the plot subdivision or building construction in developed or redeveloped plots as given in Appendix G or obtain an occupancy certificate from the secretary prior to any occupancy of the building or part thereof, after construction or reconstruction or addition or alteration of the building or part thereof, or change of occupancy of any building or part thereof as given in Appendix H. (3) Every owner shall, as soon as any development or redevelopment of land or construction or reconstruction or addition or alteration of building is completed, remove all rubbish, refuse or debris of any description from the plot or plots on which such operations have been carried out or from any adjoining land which may have been used for depositing of materials and debris. (4) Every owner shall keep in safe custody the permit, approved plans and drawings and specifications and results of tests, if any, on any material used for construction and produce before the Secretary or any officer authorised by him or Government for inspection on demand. (5) Every owner shall display the permit and approved drawings in the site in a visible place in a visible manner. (6) Every owner shall take adequate safety precautions at all stages of construction or reconstruction or addition or alteration or repair or removal of the various parts of the building for safeguarding the life of workers and public against hazards consequent on any aspects of the work. (7) Every owner shall ensure that all protective works carried out to safeguard the adjoining properties during construction are sufficient and in good order to ensure safety in the following,- (a) In driven piles vibration is set up which may cause damage to adjoining structures or service lines depending on the nature of soil condition and the construction standard of such structures and service lines. Possible extent of all such damages shall be ascertained in advance, and operation and mode of driving shall be planned with appropriate measures to ensure safety; (b) Where, in the vicinity of a site where bored or driven piling works are to be carried out there are old structures which are likely to be damaged, tell-tales shall be fixed on such structures to watch their behaviour and timely precautions taken against any undesirable effect; (c) If the owner engages any developer(s) at any time for the construction, reconstruction, repairs, additions or alterations of buildings or development or redevelopment of land, the same shall be intimated to the Secretary within a week from the date of agreement (executed between the owner and the developer) along with the copy of such agreement by which the owner authorises the developer to undertake construction, reconstruction, repairs, additions or alterations of building(s) or development or redevelopment of land in that plot, on behalf of the owner; (d) Every owner and developer shall include the following details as part of all advertisements through website pertaining to the building and/or land development,- (i) Name and address of the owner and developer, (ii) Number and date of lay out approval and/or approval of usage of plot and lay out of building wherever applicable, (iii) Number and date of the development and building permits, (iv) Name of the local self-government institution issuing the permits, (v) Date till which the building permit is valid, (vi) Number of floors permitted, (vii) Conditions if any stipulated in the permits, (viii) Following details shall be furnished as against the respective provisions of the rules: a) Coverage and FAR of the construction, b) Area of recreational space inside and outside the building with area in the case of Apartment houses/flats under Group A1 occupancy, c) Number of parking and loading and unloading spaces and area earmarked for such spaces, d) Minimum width of access to the site and building, (ix) Any other occupancy other than Group A1 –Residential in the case of Apartment houses/flats, with details of floor area of such occupancy: Provided that, if any such advertisements are made in contravention to the above, the secretary or the government may interfere in the matter. (e) In the case of advertisements pertaining to building construction or land developments through visual - print media and hoardings, the owner or developer shall include the details mentioned in item (i) to (vi) in sub rule (7)(d) of rule 22 and the address of the website carrying details under in sub rule (7)(d) of rule 22; (f) The secretary may also publish the details of the permits issued in the website of the Panchayat as required under the direction for public disclosure issued under Section 271B (3) of the Kerala Panchayat Raj Act, 1994; (g) if any such advertisements are made in contravention to sub rules (d), (e) and (f) of this rule, the Secretary or the Government may interfere in the matter; (8) Every owner shall be responsible for the loss or injury caused to any person or property due to the lapse on his part to provide safety precautions or protective measures or safeguards.