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Fundamental rights for Indians have also been aimed at overturning the inequalities of pre-independence social practices. Specifically, they have also been used to abolish untouchability and hence prohibit discrimination on the grounds of religion, race, caste, sex, or place of birth. They also forbid trafficking of human beings and forced labour.
The Fundamental Rights, embodied in Part III of the Constitution, guarantee civil rights to all Indians and prevent the State from encroaching an individual's liberty while simultaneously placing upon it an obligation to protect the citizens' rights from encroachment by society.
The Fundamental Rights are defined as basic human freedoms which every Indian citizen has the right to enjoy for a proper and harmonious development of personality. These rights (defined in Part III of the Constitution of India) universally apply to all citizens, irrespective of race , place of birth, religion , caste , creed , colour or sex .
According to Granville Austin, "The Indian constitution is first and foremost a social document, and is aided by its Parts III & IV (Fundamental Rights & Directive Principles of State Policy, respectively) acting together, as its chief instruments and its conscience, in realising the goals set by it for all the people."
The Court also ruled that Fundamental Rights included in Part III of the Constitution are given a "transcendental position" under the Constitution and are kept beyond the reach of Parliament. The Court also held that the scheme of the Constitution and the nature of the freedoms it granted incapacitated Parliament from modifying, restricting or ...
In its ruling decriminalising homosexuality, the Delhi High Court noted that existed law conflicted with the fundamental rights guaranteed by the Constitution of India, and such criminalising is violative of Articles 21, 14 and 15 of the Constitution. On 11 December 2013, homosexuality was again criminalized by a Supreme Court ruling. [53]
They argued that it violates the basic structure of the Indian Constitution, which in their view does not allow reservations on purely economic criteria. On 7 November 2022, a five-judge bench of the Supreme Court of India held, in Janhit Abhiyan v Union of India, that the 103rd Amendment did not violate the basic structure. [ 31 ]
The Constitution (First Amendment) Act, 1951, enacted in 1951, made several changes to the Fundamental Rights provisions of the Indian constitution.It provided means to restrict freedom of speech and expression, validation of zamindari abolition laws, and clarified that the right to equality does not bar the enactment of laws which provide "special consideration" for weaker sections of society.