The Supreme Court of India in its recent ruling struck down section 66A of the information and technology Act thereby upholding our fundamental right of freedom of free speech guaranteed by 19(1)(a) of our Constitution. The framers of the Indian constitution also guaranteed us many other such rights — right to equality, right to freedom, right against exploitation, cultural and educational rights, right to property and right to constitutional remedies and right to freedom of religion whereby we are at liberty to profess and propagate our faith and live in harmony. The Fundamental Rights, embodied in Part III of the Constitution, guarantee civil rights to all Indians, and prevent the State from encroaching on individual liberty while simultaneously placing upon it an obligation to protect the citizens’ rights from encroachment by anyone.
After BJP assuming power at the centre some fanatic groups like the VHP and the RSS who have clandestine support of some ruling MP’s due to vote bank politics, started raising several issues like ghar wapsi, ban on cow slaughter etc. They are also taking law in their hands to disturb the communal harmony by attacking places of worships of other faiths and even started attacking personalities like mother Theresa who did tremendous service for the poor and down trodden in the streets of Kolkatta. We notice that the government which has soft corner for these communal outfits does not take any preventive actions to protect our fundamental rights and protect the secular fabric /characteristics of our nation.
To add insult to injury the Home Minister of the country Rajnath Singh who took oath under the Indian Constitution but is ignorant of the basic articles / elements of the Constitution is also now proposing for a public debate on purported illusions of Conversions to bring in a anti-conversion law.
The Apex court while delivering the above referred judgment very categorically held that the state has no powers to frame any laws that would insult or have a chilling effect on the intent of any of the Articles of the Constitution. The Constitution of India prescribes the fundamental obligations of the State to its citizens and the duties of the citizens to the State. These sections are considered vital elements of the Constitution, which was developed between 1947 and 1949 by the Constituent Assembly of India.
The purpose of the Fundamental Rights is to preserve individual liberty and democratic principles based on equality of all members of society. They act as limitations on the powers of the legislature and executive, under Article 13, and in case of any violation of these rights the Supreme Court of India and the High Courts of the States have the power to declare such legislative or executive action as unconstitutional and void.
The people of the country expect the Honorable Supreme Court and High Courts of every State to take a similar view through a PIL on the controversial laws such as ban on cow slaughter and purported anti-conversion Bill whereby certain sections of the Indian society are disadvantaged lot on religious considerations. Not only Christians and Muslims are affected by the ban on cow slaughter, crores of our Hindu brothers who undertake cattle farming and rearing for their lively hood have expressed concerns of the said laws that are recently enacted in several states across the country and affecting their normal life.
