6.1-Invoking Fundamental Rights

The Constitution of India guarantees certain Fundamental Rights to all its citizens, ensuring their protection from any form of discrimination or injustice. These rights are critical in confronting marginalization, as they empower individuals, especially those from marginalized groups, to seek legal redress and protection against discrimination. This section discusses how individuals and communities can invoke these rights to challenge social exclusion, inequality, and injustice.

Fundamental Rights are enshrined in Part III of the Indian Constitution, covering a range of rights that protect the dignity, freedom, and equality of citizens. These rights include:

• Right to Equality (Article 14-18)
• Right to Freedom (Article 19-22)
• Right Against Exploitation (Article 23-24)
• Right to Freedom of Religion (Article 25-28)
• Cultural and Educational Rights (Article 29-30)
• Right to Constitutional Remedies (Article 32)

Among these, the Right to Equality and the Right to Constitutional Remedies play a key role in combating marginalization. The Right to Equality ensures that all citizens, regardless of their social, economic, or cultural background, are treated equally before the law. It prohibits discrimination on grounds of religion, caste, sex, or place of birth. This right can be invoked by any individual or group facing discrimination or injustice.

The Right to Constitutional Remedies (Article 32) allows individuals to approach the Supreme Court or High Courts if they believe their Fundamental Rights are being violated. This right is often referred to as the "heart and soul" of the Constitution, as it provides a legal pathway for marginalized groups to challenge discriminatory laws or practices. The courts play a crucial role in upholding these rights and ensuring justice.

For example, the landmark case of Kesavananda Bharati vs. State of Kerala (1973) reaffirmed the importance of Fundamental Rights in protecting citizens from state actions that threaten individual freedoms. Similarly, the Indira Sawhney vs. Union of India (1992) case, which dealt with the issue of reservations in government jobs, highlighted how the Right to Equality can be interpreted to support affirmative action for marginalized communities.

In addition to invoking Fundamental Rights in courts, citizens can also use the mechanism of public interest litigation (PIL). PIL allows individuals or organizations to file cases on behalf of marginalized or disadvantaged groups who may not have the resources to do so themselves. This legal tool has played a significant role in advancing the rights of oppressed communities, such as women, Scheduled Castes (SC), Scheduled Tribes (ST), and other backward classes (OBCs).

Another important aspect of invoking Fundamental Rights is the role of civil society organizations (CSOs) and activists in raising awareness about rights violations. CSOs often provide legal assistance, mobilize communities, and work with the judiciary to ensure that the marginalized are not denied their rightful protections.

Through the protection and enforcement of Fundamental Rights, the Constitution seeks to ensure that every citizen, regardless of their background, has the opportunity to live with dignity and freedom, free from discrimination and exploitation. This is especially important in the context of confronting marginalization, as it gives marginalized groups the legal tools to fight against injustice and demand equal treatment.